Simmonds Aerocessories, Inc.

In the • Matter of SIMMONDS AEROCESSORIES, INC. and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. 0., LOCAL 698 In the Matter of SIMMONDS AEROCESSORIES, INC. and METROPOLITAN CHAPTER 31, FEDERATION OF.,ARCHITECTS, ENGINEERS, CHEMISTS & TECHNICIANS-C. I. O. In the Matter of SIMMONDS AEROCESSORIES, INC. and AEROCESSORIES INDEPENDENT ASSOCIATION 0 Cases'Nos. R-3846,1R-3847, and R-3848, respectively SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES August 26,1942 On July 8, 1942, the National Labor Relations Board issued a Decision and Direction of Elections in the above-entitled proceeding.'- Pursuant to the Direction of Elections, elections by secret%allot were conducted on July 24, 1942, under the direction and supervision of the Regional Director for the Second Region- (New York • City). On July 27, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations- Series 2, as, amended, issued and, duly served upon the parties her Election Report. As to the balloting and the-results thereof, the Regional Director reported,as follows : 1. Production and maintenance'employees' Total on eligibility list__________________________"__________ 148 Total ballots. cast_________________________________________ 131 Total ballots challenged__----------------------------- 8 Total blank ballots -------------- ------------------- 0 Total void ballots -------------------------- 0, Total valid votes counted__________________123 Votes cast for Aerocessories Independent Association-------- - 50 Votes cast for International Union, United Automobile,, Air- craft & Agricultural Implement Workers, of, America, Local 698, and Metropolitan Chapter 31, Federation of Architects, Engineers, Chemists & Technicians, affiliated with the Con,- gress of Industrial Organizations ____----------------------- 67 Votes cast for neither" union______________________________ . 6 42 N L R B. 179. 43 N. L. R. B., No. 106. 481039-42-vol 43-44 689 690 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Clerical employees I Total on eligibility list___________________ _________________ 56 Total ballots cast__________________________________________ 53 Total ballots challenged__________'________________________ - 1 Total blank ballots________________________________________ 1 Total void ballots----------------------------------------- 0 Total valid votes counted________________________ __________ '51 Total votes cast for Aerocessories Independent Association__ 49 Total votes cast against Aerocessories Independent Association 2 Since the number of challenged ballots cannot affect the results of the elections, the Regional Director made no ruling on them. We find it unnecessary, to make • any determination'' with respect to the- Ihallenged ballots. On August 3 and 6, 1942, respectively; Simmonds Aerocessories, Inc., herein called the Company, and Aerocessories Independent As- sociation, herein called the Independent, filed with the Regional Director Objections to the Election Report. On August 11, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly, served upon the parties her Report on Objections. On August 17, 1942, the Company filed with the Board Objections to Regional Director's Report. The Independent contends that the election was unfair because the challenged' ballots were not counted and not all employees who were eligible to vote participated in the election. As previously indicated, the number of challenged ballots could not affect the outcome of the election; the objections of the-Independent are accordingly overruled. The Com- pany urges the Board not to certify the C. I. O. for the reason that a- number of employees have repudiated their vote subsequent to the election and have indicated that they do not now' desire to be represented by -either the Independent or, the C. I. O. ' The Com- pany's objections are hereby overruled - since the ' results of a free', secret ballot election must normally,,.be; given conclusive, effect, for a reasonable period if the statutory scheme for the ascertainment of, representatives, and for the effectuation of collective 'bargaining is to be operative.2 The Company's request for oral argument, and an opportunity to file briefs is hereby, denied. ' In the Decision and Direction of Elections previously referred to, the Board made•no•final determination with regard to the appro- priate unit. The Board there stated : If the employees voting in. the two elections select the same representative,, they will, constitute, a single appropriate unit. If they choose different representatives, they will constitute two separate and distinct appropriate units. 0 2 See Matter of Dorset Foods Ltd. and Wholesale and Warehouse Workers Union, Local 65, C. 1 0, at al., 43 N. L. It. B. 390. , SIMMONDS AEROCESS0RIE'S,' IINC. 691 SUPPLEMENTAL FINDINGS OF FACT We find, that each of the groups of employees for which we herein- after certify exclusive bargaining representatives constitutes a unit appropriate for the purposes of collective bargaining within the meaning -of. Section 9 (b) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the' power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- -lations Act, 49 Stat. 449, and pursuant to Article` III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that International Union, United Automo- bile, Aircraft & Agricultural Implement Workers of America, Local 698, and Metropolitan Chapter 31, Federation of Architects, Engi- neers, Chemists & Technicians, affiliated with the Congress of Indus- trial Organizations, has been designated- and selected by a majority of all, production, maintenance, drafting, and designing employees, including tool, die, and jig fixture makers, shipping and receiving employees, tool crib employees, and test operators, but excluding executives and supervisory employees; employed at the Long Island City' and Hunters Point plants of Simmonds Aerocessories, Inc., New York City, as their representative for the purposes'of collective bargaining, and ' that, pursuant to the provisions of Section 9 (a) of the 'Act, International' Union, United Automobile, Aircraft & Agricultural Implement ' Workers of America, Local 698, and Metro- politan Chapter 31, Federation of Architects, Engineers, Chemists & Technicians, affiliated 'with the Congress of Industrial Organiza- tions, is the exclusive representative of all such employees for the purposes'.of collective =bargaining -in respect to rates of pay, wages, hours of employment, and other conditions of employment; and ' IT IS FURTHER CERTIFIED 'that Aerocessories Independent Associa- tion has been designated and selected by a majority of all purchas- ing, accounting, personnel, production planning, general clerical and stenographic, - supply receiving, and stock control employees and guards, excluding executives and supervisory employees, employed at the New York City office, Hunters Point plant, and Long Island City plant of Simmonds' Aerocessories, Inc., New York City, ' as their representative for the purposes 'of collective' bargaining, and that, pursuantAo the .provisions of, Section 9 (a) of theAct, Aerocessories Independent Association is' the exclusive 'representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employ- ment.