Simmonds Aerocessories, Inc.

In the Matter of SIMMONDS AEROCESSORIES, INC and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, CIO, LOCAL 698 In the Matter of SIMMONDS AEROCESSORIES, INC and METROPOLITAN CHAPTER 31, FEDERATION OF ARCHITECTS, ENGINEERS, CHEMISTS & TECHNICIANS-CIO In the Matter of SIM11ONDS AEROCESSORIES, INC. and AEROCESSORIES INDEPENDENT ASSOCIATION Cases Nos. R-3846, R-3847, and R-3848, respectively.Decided July 8, 1940 Jurisdiction aeronautical engineering equipment manufacturing industry Investigation and Certification of Representatives . existence of question stipu- lation as to refusal of Company to recognize petitioners until certified by the Board, elections necessary Unit Appropriate for Collective Bargaining : elections ordered to determine whether purchasing, accounting, personnel, production planning, general clerical and stenographic, supply receiving, and stock control employees, guards, and the remaining production, maintenance, drafting, and designing employees of the Company shall constitute a single unit or two separate units Breed, Abbott ct Morgan, by Mr Thomas E. Kerwin, of New York City, for the Company Mr. Nathan Witt, of New York City, for the CIO Unions Mr John F X Landrigan, of New York City, for the Independent. Mr Frederic B Parkes, 2nd, of counsel to the Board DECISION AND DIRECTION OF ELECTIONS STATEMENT' OF THE CASE Upon petitions duly filed by Inteinational Union, United Auto- mobile, Aircraft & Agricultural Implement Workers of America, CIO, Local 698, and Metropolitan Chapter 31, Federation of Archi- tects, Engineers, Chemists & Technicians, CIO, herein respectively called the UAW and Chapter 31 and sometimes collectively called the CIO Unions, and by Aerocessories Independent Association, herein called the Independent, alleging that questions affecting com- 42N L R B,No 38 179 180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD merce had arisen concerning the representation of employees of Simmonds Aerocessoiies, Inc , New York City, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon due notice before 'James C. Paradise, Trial Examiner Said hearing was held at New York City on May 21, 1942 The Company, the CIO Unions, and the Independent ap- peared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed On June 9, 1942, the Company filed a brief which the Board has con - sidei ed Upon the entire record in the case, the Board makes the following FINDINGS OF FACT I THE BUSINESS OF THE COMPANY Simmonds Aerocessories, Inc, a New York corporation, is engaged in the business of designing and manufacturing specialized _ aei o- nautical engineering equipment, parts, insti uments, and accessories. It maintains a general executive and sales office in New York City, factories at Long Island City, New Yoik, and Vergennes, Vermont, a general office, toolroom, and laboratory at Long Island City, New Yoik, and a factory and sales office at Los Angeles, California The present proceeding is concerned solely with the employees of the Company's New York City and Long Island City offices and factory During the 6 months' period preceding March 25, 1942, the Company purchased raw materials valued at approximately $200,000,' a sub- stantial portion of which was shipped to it from points outside the State of New York During the same period of time, the Company sold finished products valued at $500,000, of which approximately 95 percent was sold and shipped to points outside the State of New York The Company employs approximately 136 non-super- visory employees at its New York City and Long Island City offices and factory. i The Company admits that it is engaged in commerce within the meaning of the Act H THE ORGANIZATIONS INVOLVED International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, Local 698, and Metropolitan Chap- ter 31, Federation of Architects, Engineers, Chemists & Technicians, are labor organizations affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. SIMMONDS AEROCESSORIES, INC 181 Aeiocessories Independent Association is an unaffiliated labor or- ganization, admitted to membeiship employees of the Company III THE QUESTION CONCERNING REPRESENTATION The CIO Unions and the Independent have requested the Company to recognize them as the collective bargaining representative of the Company's employees within the unit which each labor organization urges to be appropriate In each instance, the Company has iefused to grant such recognition until the labor organizations are certified by the Board A statement of the Regional Director introduced into evidence in- dicates that the UAW, Chapter 31, and the Independent each repre- sents a substantial number of employees within the units they claim to be apps oprlate 1 We find that questions affecting commerce have aiisen concerning the representation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act IV THE APPROPRIATE UNIT The UAW and Chapter 31 jointly contend that all production, maintenance, drafting, and designing employees of the Company's Long Island City and Hunters Point plants, including tool, die, and jig fixture makers, shipping and receiving employees, tool crib em- ployees. and test operators, but excluding purchasing, accounting, personnel, production planning, general clerical and stenographic, supply receiving, and stock control employees, guards, executives, and supervisory employees, constitute an appropriate unit 2 The Inde- pendent seeks a unit composed of all employees of the Company's New York City office, Hunters Point plant, and Long Island City plant, with the exception of executives and supervisors The Com- pany claims that a single industrial unit composed of all production, maintenance, office, and technical employees is appropriate 'The UAW submitted to the Regional Director 55 authorization cards dated as follows 42 in December 1941, 8 in January 1942, 1 in February 1942, and 4 undated The Regional Director reported that all cards hole apparently genuine and original signatures of which 43 were the names of persons on the Company's pay roll of March 21, 1942 Chapter 31 submitted to the Regional Director 9 application cards, of which 7 were dated in January 1942, and 2 were undated The Regional Director reported that all cards bore apparently genuine and oiiginal signatures, all of which were names of persons on the Company's pay roll of March 21, 1942 There are approximately 69 employees V itbin the unit jointly urged by the CIO Unions The Independent submitted to the Regional Director 87 application cards of which 5 were undated and 82 were dated in March 1942 The Regional Diiector reported that all the signatures were apparently original and genuine, and that 83 of the signatures were names of persons on the Company s pay roll There are approximately 136 em- pio3ees in the unit urged by the Independent 2 The unit sought originally by the UAW in its petiton embraced the production and maintenance employees of the Company s Long Island City plant but was combined by amendment at the hearing with the unit sought by Chapter 31, which initially had pro- posed a unit of designing and drafting employees of the Company's Ilunteis Point plant 182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company's New York City offices consist of the executive and general sales offices In addition to the executive and managerial staff, seven stenographic and secretarial employees are here employed The Hunters Point plant is divided into three departments, namely, the general office, the engmeeiing laboratoiy, and the toolroom, all of which are housed on the sane floor The genei al office is concerned with purchasing, accounting, and personnel functions, employing be- tween 25 and 35 cleiical employees Theengineering laboratory per- foi ms all drafting, designing, and experimental work in connection with the parts and accessories produced by the Company at its fac- tories Tools, dies, jigs, and fixtures for the Company's factories are made in the toolroom At the Long Island City plant, which is ap- proximately 11/2 miles from the Hunters Point plant, the products of the Company are manufactured and assembled It appears that all the employees here engaged are production and maintenance workers with the exception of three clerical employees and three guards Employees are frequently interchanged among the Company's offices and plants The CIO Unions have not solicited membership among those clas- sifications of employees whom the CIO Unions would exclude from their unit The Independent, on the other hand, commenced its initial organizational activities among the clerical employees and later ad- mitted to membership the pi oduction and maintenance workers From the foregoing, it appears that the purchasing, accounting, personnel, production planning, general clerical and stenographic, supply receiving, and stock control employees and guards, whom the Independent desires to represent, might be merged in a single unit with all production and maintenance employees or might properly constitute a separate bargaining unit In this situation, we believe that the desire of these employees themselves is the chief factor to be considered in determining whether they shall constitute a separate unit or become part of a larger unit 3 We shall dii ect that two elec- tions be held, one among the production, maintenance, drafting, and designing employees of the Company's Long Island City and Hunters Point plants, including tool, die, and jig fixture employees, shipping and receiving employees, tool crib employees, and test operators, to determine whether they desire to be represented by the CIO Unions, by the Independent, or by neither, and the other among the purchas- ing, accounting, personnel, production planning, general clerical and stenographic, supply receiving, and stock control employees and guar ds of the Company's New York City office, Hunters Pont plant, and Long Island City plant, to determine whether or not they desire to be represented by the Independent If the employees voting in the 8 See Matter of The Globe Machine and Stamping Co and Metal Polishers Union, Local No 4, International Association of Machinists, District No 54, Federal Labor Union 18788, and United Automobile Workeis of Anneiice, 3 N L R B 294, and subsequent cases SIMMONDS AEROCESSORIES, INC 183 two elections select the same representative , they will constitute a single appropriate unit If they choose different repiesentatives, they will constitute two separate and distinct appropriate units V THE DETERMINATION OF REPRESENTATIVES The CIO Unions urge the use of the pay roll of April 25, 1942, to deteimine eligibility to vote The Company and the Independent stated no position as to the pay roll to be used for that purpose We find no reason to depait from our customaiy practice and shall ac- coidingly direct that the employees of the Company eligible to vote in the elections shall be those who were employed duiing the pay-roll peiiod immediately pieceding the date of the Direction of Elections herein, subject to such limitations and additions hereinafter set forth in the Direction DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Boaid by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as pait of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with S uninonds Aerocessories, Inc , New Yoi k City, elections by seci et ballot shall be conducted as early as possible, but not later than thirty (30) days fiom the date of this Direction, under the direction and supei vision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees of the Company in each of the groups described below who were employed during the pay-roll period immediately pieced- ing the date of this Dii ection of Elections, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding executives, supeivisory employees, and employees who have since quit or been discharged for cause (1) All production, maintenance, drafting, and designing em- ployees of the Company's Long Island City and Hunters Point plants, including tool, die, arid jig fixture makers, shipping and receiving employees, tool crib employees, and test operators, to determine whether they desire to be represented by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, 184 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD Local 698, and Metropolitan Chapter 31, Federation of Architects, Engineers, Chemists & Technicians, affiliated with the Congress of Industrial Organizations, or by Aerocessories Independent Associ- ation, for the purposes of collective bargaining, or by neither; and (2) All purchasing, accounting, personnel, production planning, general clerical and stenographic, supply receiving, and stock control employees and guards of the Company's New York City office, Hunt- ers Point plant, and Long Island City plant to determine whether or not they desire to be represented by Aerocessories Independent Asso- ciation for the purposes of collective bargaining _