North American Aviation, Inc.

NORTH AMERICAN AVIATION, INC. 1049 Having found that the Respondent has discriminated in regard to the hire and tenure of employment of these 20 employees, the Trial Examiner will recommend that the Respondent offer them immediate and full reinstatement to their former or substantially equivalent positions, without prejudice to their seniority or other rights and privileges, and make them whole from October 14, 1954, to the date of offer of reinstatement, for any loss of wages they may have suffered as a result of the discrimination against them, by payment to each of them of a sum of money equal to that which he would have earned as wages during said period, less net earnings, the back pay to be computed on a quarterly basis in the manner established by the Board in F. W. Woolworth Company, 90 NLRB 289. It will also be recommended that the Respondent preserve and, upon reasonable request, make all pertinent records available to the Board or its agents. In view of the nature of the unfair labor practices committed, the commission by the Respondent of similar and other unfair labor practices may be anticipated. The remedy should be coextensive with the threat. It will therefore be recommended that the Respondent cease and desist from infringing in any manner upon the rights guaranteed in Section 7 of the Act. Upon the basis of the foregoing findings of fact, and upon the entire record in the case, the Trial Examiner makes the following: CONCLUSIONS OF LAW 1. Local No. 25, International Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers of America, AFL, is a labor organization within the meaning of Section 2 (5) of the Act. 2. By discriminating in regard to the hire and tenure of employment of its em- ployees, thereby discouraging membership in the above-named labor organization, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (3) of the Act. 3. By interfering with, restraining, and coercing employees in the exercise of rights guaranteed by Section 7 of the Act, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting com- merce within the meaning of Section 2 (6) and (7) of the Act. [Recommendations omitted from publication.] North American Aviation, Inc. and District Council of Painters No. 36, Brotherhood of Painters, Decorators and Paperhang- ers of America, AFL; Woodworkers Local 530, United Brother- hood of Carpenters & Joiners of America, AFL; Steel, Paper House, Chemical Drivers & Helpers Local 578, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL; International Union of Operating Engineers, Local No. 501, AFL, Petitioners. Cases Nos. 21-RC- 3770, 21-RC-3771, 21-RC-3774, and 21-RC-3790. August 25,1955 DECISION, ORDER, AND DIRECTION OF ELECTIONS Upon separate petitions filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held in the above cases before Leo Fischer, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' I The Employer 's and the Intervenor's motions to dismiss the instant petitions for the reason that the unit or units requested are inappropriate are granted or denied in accord- ance with the findings set forth hereinafter under paragraph numbered 4. 113 NLRB No. 107. 1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in these cases, the Board finds : 2 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer 3 3. A question affecting commerce exists concerning the representa- tion of certain employees-of the Employer within the meaning of Sec- tion 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Employer is engaged in the manufacture of military aircraft, having a number of plants and facilities in the Los Angeles area and at Columbus, Ohio, and Fresno, California. The Petitioners seek to sever from an existing production and maintenance unit various al- leged craft or departmental groups at the Employer's Los Angeles' and Downey plants and other facilities 5 located in the Los Angeles area. The Intervenor opposes each of the petitions on the ground that all the Employer's plants have been merged into a single multiplant unit such that severance on less than an Employerwide basis is not appropriate. The Employer and Intervenor both contend that the groups sought should not be severed because of the integration of the Employer's operations at its plants and facilities in the Los Angeles area, and because the employees sought as separate units do not con- stitute craft or departmental groups appropriate for severance s The record discloses that the Intervenor was certified in 1941 as representative of production and maintenance employees at Ingle- wood, California. Beginning in about 1945 the Intervenor and Em- ployer bargained for all the production and maintenance employees in the Los Angeles area as a single unit.' In 1950 the Employer volun- tarily recognized the Intervenor as representative of a production and maintenance unit at the Columbus, Ohio, plant. And on April 10, 1952, the Board certified the Intervenor for a production and mainte- nance unit at the Fresno, California, plant.' The Employer and Inter- 2 The Employer 's and the Intervenor 's requests for oral argument are hereby denied because the record and briefs adequately set forth the positions of the parties. "International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, UAW-CIO, and its•Local- 887, herein called the Intervenor, werecpermitted to intervene on showing of a contractural interest in the representation of employees in the various units sought by the instant petitions. 4 Also referred to in the record as the Inglewood plant. 5 Supporting the Los Angeles and Downey plants, the Employer has the following facili- ties in the Los Angeles area ; Jefferson facility ; Dormant Tooling Storage Yard , Pacific Aviation facility, Long Beach facility ; Vernon facility ; Torrance facility ; Maywood facility ; Mason-Rogers facility ; Advance facility ; Westchester facility ; Olympic facility ; Florence facility, Aviation Boulevard facility, Crenshaw facility, Aerophvsics Training School, Culver City facility ; Firestone facility ; Slauson facility ; Anza facility ; Santa Fe facility ; and Beverly Hills facility. "The Employer, however, assumes a position of neutrality as to the group sought to be severed by the Teamsters. 7 The record does not show when the Employer' s Downey plant came into existence. 9 Other labor organizations have also been certified or voluntarily recognized by the Employ er as representatives of separate units of welders , truckdrivers , guards, firemen, and electricians , at the plants in the Los Angeles area, and of a unit of guards and fire- men at Columbus. The Intervenor has also been voluntarily recognized as representative of a separate unit of cafeteria employees at Columbus. NORTH AMERICAN AVIATION, INC. 1051 venor bargained separately and executed separate contracts for these units until 1953, when the parties jointly negotiated and executed a single contract covering the units at all three locations. This contract became effective December 15, 1953, and remained in effect to and including December 14, 1954. The original petitions in the present proceedings were filed on various dates from November 5 to 22, 1954. The record in this proceeding does not show any integration of the operations at Los Angeles, Columbus, and Fresno, and there is no evi- dence of any interchange of employees between those widely separate points. In view of the geographical separation, and the long history of separate representation of employees in the Los Angeles area, we find that the multiplant bargaining here has not proceeded for a suffi- ciently substantial period prior to the present petitions to preclude severance of otherwise appropriate groups on less than an Employer- wide basis.' We likewise find no merit in the Intervenor's and Employer's con- tention that severance of craft or departmental groups at Los Angeles is rendered inappropriate by the integration of the Employer's opera- tions within the plants and facilities in the Los Angeles area, and the long history of bargaining on the basis of a broad production and maintenance unit for employees within that area. The Board has held, after full consideration of the various factors bearing generally upon this problem, that "the right of separate representation should not be denied the members of a craft group merely because they are employed in an industry which involves highly integrated production processes and in which the prevailing pattern of bargaining is indus- trial in character.710 There remains for consideration in this pro- ceeding the appropriateness and specific composition of the craft and departmental groups sought to be severed. The Unit Sought by the Painters The Painters seeks to represent all construction and maintenance painters, sign painters, sign painters and sign layout men,, and their apprentices, helpers, and assistants. The record shows that the Em- ployer employs approximately 51 employees classified as maintenance painters-senior, 49 maintenance painters, 13 sign painters and layout men, and 6 sign painters. The maintenance painters-senior spend the majority of their time in such tasks as determining the sequence and methods of painting op- erations, including color blending and matching, order and number of coats required and time allowance between coats, areas to be painted, ° Cf. Owens-Illinois Glass Company, 108 NLRB 947, at 950 10 American Potash & Chemical Corporation, 107 NLRB 1418, at 1421. In this case the Board also held that it would similarly treat requests for severance of employee groups in certain distinct and traditionally recognized departments. 1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and type of materials needed, according to written or verbal instruc- tions or trade practice. They set up for jobs by mixing and match- ing paint, 11 and apply prime and finish coats to office interiors and various types of office furniture and equipment, including any neces- sary trim stripping and dadoing. They likewise rub down and mir- ror-finish office furniture and they paint and apply trimming to heavy machinery, a task that may require care in protecting ways and beds from paint. Approximately 21/2 years' training and experience are required to attain the necessary skill for this classification. Forty- four of the maintenance painters-senior have been promoted from the category of maintenance painter. Forty-two had more than 3 years' direct or related experience before being employed by the Employer. The maintenance painters perform functions similar to those of the maintenance painters-senior, but apparently with a lesser degree of skill. They use brushes or spray guns and perform such tasks as painting the guide lines defining area limits, painting walks and road- ways, guard rails, shelves, cabinets, lift trucks, and certain jigs and fixtures. - Although normally 9 months' training, and experience is re- quired, 28 of the maintenance painters had over 2 years of experience before coming to work for the Employer. The line of progression is normally from maintenance painter to maintenance painter-senior. The painters have their headquarters in the paint shops located in the various plants and facilities, but work throughout the plant areas, sometimes in teams with other maintenance categories. A number of the painters are assigned to specialized tasks. Thus 2 spend full time in the spray booth using spray guns; 3 or 4 are assigned to striping parking lots; 1 paints alarm systems; 1 paints electric switchboards; and 1 paints steel construction material before it is installed. A group is assigned to painting furniture. The sign painters and layout men spend a majority of their time in such tasks as composing signs and determining methods of layout, re- production, and sequence of colors. They lay out signs, using rules, triangles, compass, brush, pencil crayon, and tracing wheel, applying their work directly on various types of surfaces. They perform gold, silver, and aluminum lettering, enlarge and reproduce drawings and pictures, make silk screens for signs and decalcomanias, and perform other functions utilizing various specialized processes and materials. Normally 3 years' training and experience are necessary to attain the required skill. I The sign painters spend a majority of their time in tasks requiring a less degree of skill such as marking guide lines and roughing in let- Color mixing is not , however, common , but occurs on a few special jobs. This appears to-be because the Employer usually restricts . itself to the use of about 16 standard colors which are applied in accord with very detailed instructions to the various parts of its building and the equipment throughout the plant. NORTH AMERICAN AVIATION, INC. 1053 tering for stop signs, danger markers, and room and area identification signs, or the more routine operations connected with the various processes. Normally only 1 year's training is required to perform their duties. The line of progression is from sign painter to sign painter and layout man. Both categories are quartered in the same shop, separate from the paint shop. None of the maintenance paint- ers were promoted from either sign painter category, and the two groups do not ordinarily work together. Upon the entire record we find that the maintenance painters- senior are essentially craftsmen. The lesser skilled maintenance painters are clearly in the line of progression of the craft. The Em- ployer has no employees classified as apprentices. Helpers and assistants are obtained from a labor pool composed of surplus em- ployees who are available for assignment to work in any department as needed. The record does not indicate that any-of these laborers are in the line of progression of any craft. The sign painters and lay- out men, and the sign painters, though they may possess some sub- stantial degree of skill, likewise do not appear to be in the line of progression of the painters craft.12 Although, as pointed out by the Employer, there are other employees throughout its operations who perform some painting functions, these consist principally of produc- tion employees who perform a single routine and repetitive painting operation as part of the production process.13 We find, accordingly that the maintenance painters-senior and maintenance painters, ex- cluding sign painters and layout men, sign painters, helpers, and a$;;istants, constitute a craft group entitled to separate representation if they so desire, despite the history of bargaining on a broader basis. We also find that the Painters is a union that has historically repre- sented units of maintenance painters. The Unit Sought by the Carpenters The Carpenters seeks to represent all construction and maintenance carpenters, cabinetmakers, apprentices, helpers, and assistants, ex- cluding all clerical and office employees, glazers, and linoleum and asphalt tile people, the person who spends all or most of his time putting on casters, and men who 'repair locks, doors, and keys. To this unit it would add the category of crater and packer if the Board finds its inclusion appropriate.' The record shows that the Employer employs approximately 17 cabinetmakers, 64 maintenance carpenters- finish, and 62 maintenance carpenters-rough.14 is Less than 4 percent of the present complement, of maintenance painters-senior were promoted directly from the category of sign painters and layout men is These employees are in the categories of:. painter-aircraft and painter aircraft- senior, paint shop preparation man, paint stripper, silk screen layout and preparation man, silk screen printer, crater and packer, and shipping processor 11 There is no showing of the number of craters and packers employed. 1054 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 'The cabinetmakers spend the majority of their time in such tasks as planning the sequence of woodworking, assembly and finishing operations, determining the necessity for making and using layout templates and construction and assembly jigs, laying out on raw stock complete sets of parts for major wooden assemblies, and occasionally layout templates and prefabrication and assembly jigs. They set up all power woodworking machines and perform such typical operations as the fabrication and assembly of various types of office furniture and equipment.'5 Approximately 4 years' training and experience are required to attain the necessary skill for this classification. Twelve of the cabinetmakers have been promoted from the category of main- tenance carpenter-finish and three have been promoted from the category of maintenance carpenter-rough. The maintenance carpenters-finish spend the majority of their time in such tasks as determining the sequence of construction operations, setting up woodworking machinery, and performing such typical op- erations as finishing carpentry work on permanent structures, office partitions, paneling, floors, doors, and windows. 16 Approximately 3 years' training and experience are required to perform their duties. Fifty-six of the maintenance carpenters-finish were promoted from the category of maintenance carpenter-rough. The maintenance carpenters-rough perform functions similar to those of maintenance carpenters-finish, apparently utilizing a lesser degree of skill. They use carpenter's hand tools and power wood- working equipment and perform such typical work operations as building sheds, storage bins, and other items where appearance is not a deciding factor and rough carpentry work is sufficient. They also perform such tasks as fabricating, assembling, reworking, and re- pairing office and shop equipment. The record indicates that some of the maintenance carpenters-rough are assigned to specialized tasks. Thus 1 is a salvage man, 2 repair non-self-propelled equipment, and 1 specializes. in making tote boxes.17 Approximately 1 year's training and experience is necessary to perform the duties of a main- tenance carpenter-rough. Most of the work of the employees in the maintenance carpenter categories is performed throughout the various plant areas, and in some cases it is done in cooperation with a team including other main- tenance categories. They headquarter, however, in the various car- 1 The cabinetmakers do not construct any office desks 19 The maintenance carpenters-finish do not perform work on major-structural changes or major new construction because the Employer contracts out the work of this nature. 17 without indicating which maintenance carpenter category they are in, the record shows that approximately 20 carpenters perform such specialized tasks as working with keys, locks , and door stoppers , repairing and installing casters in chairs glazing work, sand and repairing furniture, making picture frames, repairing venetian blinds, as- sembling precut line supply racks , maintaining and repairing foundry boxes , and laying linoleum and asphalt tile. NORTH AMERICAN AVIATION, INC. 1055 pentry shop areas in the Employer's maintenance departments where the bulk of the work of the cabinetmakers is performed. Several carpenters regularly work with the cabinetmakers in the repair of cabinets and furniture. The craters and packers work in the Employer's shipping depart- ment where they perform such tasks as fabricating special shipping crates and boxes and directing and performing loading. A crater and packer-senior 18 is required to know and understand woodshop prac- tice and procedure as applied to crate and box making, and approxi- mately 11/2 years' training and experience is necessary to perform the work operations of his category. Upon the entire record, we find that the cabinetmakers and main- tenance carpenters-finish are essentially craftsmen. The lesser skilled maintenance carpenters-rough are in the line of progression of the craft. The several employees classified as carpenters who are pre- dominantly engaged in such tasks as glazing, laying linoleum and asphalt tile, putting on casters and repairing locks, doors and stoppers, are apparently not skilled craftsmen. However, as they are classified as carpenters, it would appear that they are within the line of progres- sion of the craft. Concerning the crater and packer categories which the Carpenters would include, it is apparent that they are neither journeymen crafts- men nor in the line of progession to the cabinetmaker or maintenance carpenters-finish categories, 19 and they do not appropriately belong in a craft group made up of those employees. Concerning the apprentices, helpers, and assistants, the same con- siderations applicable to similar categories in the Painters case apply here. Also, as in the Painters case, the Employer similarly urges here that there are other employees throughout the plant-who perform some carpentry functions. However, the duties of those employees involve principally repetitive production work operations or an incidental use of limited carpentry skill in the pursuit of another trade 2° None of these employees is in the line of progression of the carpenters' craft. Accordingly, we find that the cabinetmakers, maintenance carpen- ters-finish, and maintenance carpenters-rough, including employees so classified who are primarily engaged in glazing, laying lineoleum and asphalt tile, and putting on casters or repairing locks, doors, and keys, but excluding craters and packers-senior, craters and packers, 19 The Employer employs two categories of craters and packers , i e., craters and packers-senior and craters and packers 19 None of the cabinetmakers or maintenance carpenters-finish were promoted from the crater and packer classifications Less than 20 percent of the maintenance carpen- ters-rough were promoted from the category of crater and packer 29 These employees are in the categories of woodworker-production parts ; form block- maker-senior ; form blockmaker ; mock-up man-wood ; mock-up and tool builder-wood ; model builder-display ; model builder-display-junior ; model builder-wind tunnel- senior ; model builder-wind tunnel ; router jig builder ; woodworker-aircraft parts ; toolmakers ; and patternmakers. 1056 DECISIONS OF NATIONAL LABOR RELATIONS BOARD helpers, and assistants, constitute a craft group entitled to separate representation, if they so desire, despite a history of bargaining on a -broader basis. 21 We also find that the Carpenters is a union that has historically represented units of cabinetmakers and maintenance car- penters. The Unit Sought by the Operating Engineers The_ Operating Engineers seeks a unit which it describes as consist- ing of all powerhouse employees, including, but not limited to,,sta- tionary engineers-high pressure, stationary engineers-low pressure, air-conditioning and refrigeration mechanics, compressor mechanics, -gas and oil burning equipment mechanics, and gas and oil burning 'equipment men. As an alternative, it proposes a unit of the stationary engineers-high pressure and stationary engineers-low pressure. There are 9 stationary engineers-high pressure. They are licensed and their primary function is to operate, maintain, and perform rou- tine repairs on 2 high-pressure boilers located in a boilerroom at the, cafeteria in the Los Angeles plant and 2 high-pressure boilers in a boilerroom at the Douglas Street facility. No other employees regu- larly work in these boilerrooms, and these stationary engineers do not interchange with employees in other classifications. , There is 1 stationary engineer-low pressure, who works on the first shift at the Los Angeles plant and has the duty of inspecting and 'servicing 7 low-pressure boilers located at various points throughout the plant. He does not work with the high-pressure engineers except -on irregular occasions when he may relieve one of them. The Em- ployer also has 19 other low-pressure and hot-water boilers located at 'the Downey plant and various facilities. Employees in other main- tenance categories such as maintenance mechanics and electricians, in addition to their other duties, operate and maintain the boilers at these other locations, as well as the low-pressure boilers at the Los Angeles plant on the second and third shifts. The employees in the categories of compressor mechanic, air-con- ditioning and refrigeration mechanic, gas and oil burning equipment ,mechanic, and gas-and oil burning equipment man work throughout ,the Los Angeles plant, Downey plant, and Douglas Street facility, in- ,stalling, maintaining' and repairing the equipment indicated by their title. As in the case of the low-pressure engineer, the Employer has such equipment at several facilities and on several shifts for which it does not employ employees in these categories but assigns the work as part of the tasks of other maintenance categories. All of the categories sought by the Operating Engineers- are part .of the maintenance department and share supervision with employees 21 National Gypsum Company, 108 NLRB 1606. NORTH AMERICAN AVIATION, INC. 1057 in other maintenance classifications. All except the stationary engi- neers-high pressure have their headquarters with others in the main- tenance departments and work throughout the plant wherever the, items of equipmeiit on which they work are located.' And with certain minor exceptions none of the categories in the unit primarily requested appear to work together with any of the other categories. Thus we find that these categories as a whole do not form a functionally distinct and separate departmental group such as those to whom the Board has granted severance from a more comprehensive unit. However, the employees in the category of stationary engineer-high pressure appear to constitute a functionally distinct and separate powerhouse group such as the Board has found to be entitled to separate represen- tation. As the Operating Engineers has historically and traditionally represented such units, we shall direct a self-determination election among these employees. We shall not include in such voting group the low-pressure engineer, as his interests and working conditions appear to resemble those of the other excluded categories. The Unit Sought by the Teamsters The Teamsters seeks a unit of all lift-truck operators and laborers in department 75 at the Los Angeles plant and department 375 at the Downey plant whose primary duties are the loading and un- loading of highway trucks. Each of these departments consists of a rate section and a reservation group apparently composed of office clerical employees, plus a transportation section which includes truck- drivers, chauffeurs, and the employees sought to be represented in this proceeding. The Teamsters presently represents the truckdrivers and chauffeurs by virtue of voluntary recognition. The lift-truck operators in departments 75 and 375 load and un- load trucks which are driven by the Employer's truckdrivers and drivers from other concerns, and also may assist in moving opera- tions throughout the plant. The Employer's truckdrivers perform the work of these lift-truck drivers with a substantial degree of reg- ularity, but the lift-truck drivers do not appear to perform any of the truckdrivers' regular work. There are also lift-truck drivers in department 69, the warehouse department, who are not here sought and yet whose work and relationship to the truckdrivers is substan- tially the same as those in departments 75 and 375. And in depart- ment 23, blueprint and trucking, there are power-truck operators who operate lift trucks as part of the Employer's intraplant transporta- tion system. Several lift-truck operators from department 75 are permanently assigned, and others temporarily assigned, to various other departments and facilities, most of them performing duties similar to those of such operators in department 75. 1058 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The laborers in departments 7,5 and 375 have the primary duty of unloading trucks and railroad cars. There are laborers also in other departments, but with dissimilar duties. On the basis of the above facts, it is apparent that the lift truck- drivers and laborers in departments 75 and 375 do not form a depart- mental group possessing separate interests, or of a type traditionally recognized, such as might be entitled to separate representation. Nor does it appear that they possess such interests in common with the truckdrivers as to justify their severance and juncture with that group.22 We shall therefore dismiss the Teamsters petition. We shall direct elections in the following voting groups of employees at the Employer's Los Angeles and Downey plants, and supporting facilities in the Los Angeles area : (1) All maintenance painters-senior and maintenance painters, excluding all other employees, guards, and supervisors as defined in the Act. (2) All cabinetmakers, maintenance carpenters-finish, and main- tenance carpenters-rough, including employees classified as carpen- ters who are primarily engaged in glazing, laying linoleum and asphalt tile, putting on casters or repairing locks, doors, and keys, but exclud- ing all other employees, guards, and supervisors as defined in the Act. (3) All stationary engineers-high pressure, excluding all other employees and supervisors as defined in the Act. If a majority of employees in any voting group vote for the Union seeking to represent them separately, they will be taken to have indi- cated their desire to constitute a separate bargaining unit, and the Re- gional Director conducting the elections herein is instructed to issue a certification of representatives to each such labor organization so selected for each such unit which the Board, in such circumstances, finds to be appropriate for the purposes of collective bargaining. In the event a majority of employees in any voting group votes for Inter- national Union, United Automobile, Aircraft & Agricultural Imple- ment Workers of America, UAW-CIO, and its Local 887, the Board finds their inclusion in the existing production and maintenance unit to be appropriate and the Regional Director will issue a certification of results of election, as to each such group, to such effect. [The Board dismissed the petition in Case No. 21-RC-3774.] [Text of Direction of Elections omitted from publication.] MEMBER PETERSON took no part in the consideration of the above Decision, Order, and Direction of Elections. 22 See Simmons Company,.112 NLRB 83; Tennessee Egg Company, 110 NLRB 189.