North American Aviation Inc.

i In the Matter of NORTH AMERICAN AVIATION INC. and UNITED AUTO- MOBILE WORKERS OF AMERICA , LOCAL No. 228, C. I. O. Case No. B-1067.-Decided January 8, 1940 Aircraft Manufacturing Industry-Investigation of Representatives : petition for, dismissed , where no substantial question concerning the representation of employees had arisen : change in affiliation from C. I. O. to A. F. of L. by peti- tioning union subsequent to first hearing on petition ; no evidence of substantial representation of employees by either union on date of change in affiliation ; no evidence of substantial representation of U. A. W. A.-A. F. L. subsequent to that date; no evidence of representation of new Local organized by U. A. W. A.-C. I. O. Mr. Frank A. Mouritsen, for the Board. Gibson, Dunn & Crutcher, by Mr. J. Stuart Neary, of Los Angeles, Calif., for the Company. Gallagher, Wirin, d Johnson, by Mr. Leo Gallagher and Mr. Lee Stanton, of Los Angeles, Calif., and Mr. James M. Orr, of Los Angeles, Calif., for the U. A. W. A.-C. I. O: Mr. E. L. Lynch, of Los Angeles, Calif., for the I. A. M. Mr. Charles F. West, Jr., of Los Angeles, Calif., for the U. A. W. A.- A. F. of L. Mr. A. H: Peterson, of Los Angeles, Calif., for the A. F. of L. Mr. James M. Carter and Mr. Jimmie Goss, of Los Angeles, Calif., for the Welders. Mr. Wallace Cooper, of counsel to the Board. SUPPLEMENTAL DECISION AND ORDER STATEMENT OF THE CASE On July 25, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election 1 in the above- entitled proceeding, in which it found in substance (1) that a question affecting commerce had arisen concerning the representation of em- 113 N. L. R. B. 1134. In the same Decision, the. Board, in Case No. R-1008, certified United Aircraft Welders of America, herein called the Welders, as exclusive bargaining representative of all welders employed by the Company. This Certification is not affected by the proceedings subsequent to the Decision. 19 N. L. R. B., No. 26. 222 -NORTH AMERICAN AVIATION INCORPORATED 223, ployees of North American Aviation, Inc., Inglewood, California, herein called the Company, and (2) that the production employees and the employees in the finished parts stores department, the dispatch and follow-up department, the electrical-maintenance department, the shipping department, the general plant-maintenance department, the inspection department, the material control-stores department, the flight test and service department, the tool-design department, and the loft and pattern section of the factory and general clerical department, of the Company at its Inglewood, California, plant, exclusive of welders, employees with the power to hire and discharge, foremen, supervisors, engineers, police, and office and clerical employees, con- stituted a unit appropriate for the purposes of collective bargaining, and directed that an election by secret ballot be conducted within fifteen (15) days from the date thereof among the employees in said appropriate unit to determine whether or not they desired to be repre- sented by United Automobile Workers of America, Local No. 228, affiliated with the Committee for Industrial Organization, herein called the U. A. W. A.-C. I. 0., for the purposes of collective bargaining. On July 28, 1939, United Automobile Workers of America, Local No. 228, affiliated with the American Federation of Labor, herein called the U. A. W. A.-A. F. of L., filed with the Board a motion to reopen the record herein, alleging, in substance, that on May 24,1939, the membership of Local No. 228 had voted to change its affiliation from the C. I. O. to the A. F. of L. On the same date, the International Association of Machinists, herein called the I. A. M., filed with the Board its exceptions to the aforesaid Decision and Direction of Election with a request that the said Decision and Direction be vacated and that either (1) a new election be directed with the I. A. M. on the ballot or (2) the record be reopened to enable the I. A. M. to present evidence in support of its exceptions. On August 7, 1939, the Amer- ican Federation of Labor, herein called the A. F. of L., filed with the Board a motion to reopen the, record for the purpose of taking further evidence as to the identity of the labor organization involved.2 On August 8, 1939, the U. A. W. A.-C. I. O. filed with the Board a motion to suspend the Direction of Election "until such time as the courts in the State of Michigan have determined the issues aris- ing out of the split in the International Union of the United Auto- mobile Workers of America, . . . and until the interests of the workers of said company will be best served by such election." On August 8, 1939, the Board issued an amendment to the Direction of Election s At a hearing, subsequently held, the A . F. of L . and the I. A. M. withdrew these motions, stating that they would rely on the motion to reopen the record previously filed by the U. A. W. A.-A. F. of L. 224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD postponing the election* until "such time as the Board may in the future direct."', On the same date, the Board issued an order re- opening the record for the purpose of taking further evidence with respect to the matters set forth in the aforesaid motions and excep- tions, and remanding the proceeding to the Regional Director for the Twenty-first Region (Los Angeles, California) for the purpose of conducting such further hearing. On August 18, 1939, the Acting Regional Director issued notices and on August 25, 1939, amended notices of further hearing, which were duly served upon the parties. Pursuant to said notices, a hearing was held on September 18 and 19, 1939, at Los Angeles, California, before Thomas S. Wilson, the Trial Examiner duly designated by the Board. The Board, the Company, the Welders, and the U. A. W. A.- C. I. O. were duly represented by counsel, and the I. A. M., the A. F. of L., and the U. A. W. A.-A. F. of L. by their representatives. All participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were com- mitted. The Trial Examiner also reserved decision on a motion made at the hearing by the U. A. W. A.-C. I. O. for permission to withdraw its previous motion to suspend the Direction of Election and substi- tute therefor a motion to suspend the Direction until such time . as an "election may be held without company domination or inter- ference." This motion is hereby denied. . Pursuant to notice, a hearing was held before the Board on October 25, 1939, at Washington, D. C., for the purpose of oral argument. The U. A. W. A.-A. F. of L. was represented by counsel and participated in the argument. None of the other parties appeared. Upon the entire record in the case, the Board makes the following supplemental findings of fact which supersede, to the extent that they are inconsistent with, the findings of fact made in the Board's aforesaid Decision and Direction of Election : SUPPLEMENTAL FINDINGS OF FACT 1. THE ORGANIZATIONS INVOLVED United Automobile Workers of Ainerica, Local No. 228, is a labor organization now affiliated with the American Federation of Labor. It admits to membership production and maintenance employees of the Company. 3 14 N. L. R. B. 314. NORTH AMERICAN AVIATION INCORPORATED 225 United Automobile Workers of America, Amalgamated Aircraft Local 683, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership production and maintenance employees of the Company. II. THE QUESTION CONCERNING REPRESENTATION On October 10, 1938, the date of the first hearing herein, United Automobile Workers of America, Local No. 228, was affiliated with the Committee for Industrial Organization. It was upon the basis of the evidence adduced at that hearing that we directed on July 25, 1939, an election among the Company's employees in the general plant unit. The facts hereinafter mentioned were not brought to our attention until after the date of that Direction of Election. In about January 1939, certain efforts were inaugurated looking toward the reaflliation of International Union, United Automobile Workers of America, with the American Federation of Labor, and a majority of the officers of Local No. 228 undertook to support that movement. On May 24, 1939, a vote was taken at a meeting of Local No. 228 on the question of reaffiliation with the American Federation of Labor. The vote at this election was 11 in favor of reaffiliation, and 5 against•.4 On the date of this election, the files of Local No. 228 contained approximately 1,000 membership record cards of past and present members and approximately 800 applications for membership in Local No. 228, nearly all of which were executed in 1937 and 1938 while the Local was affiliated with Committee for Industrial Organiza- tion. However, the record contains no evidence as to the number of members of the Local in good standing on May 24 and the Local's president testified that he was unable to make an estimate in that- regard. Following said election, Local No. 228 was chartered by the Ameri- can Federation of Labor. However, no new membership cards have been executed since the date of change in affiliation and the maximum attendance at any meeting of Local No. 228 since that date has been between 20 and 25 members. On the- basis of the above facts we find that the U. A. W. A.-A. F. of L. has made no adequate showing that it has a substantial repre- sentation in the general plant unit composed of approximately 2,500 employees.` In this connection, we note its request that it appear on the-ballot merely as the A. F. of L. The I. A. M. is the only other * Notice of this election was given by letter mailed to each member of the Local in good standing and by the distribution of approximately 3,000 printed handbills at the gates of the Company's plant. 5 See Matter of General Electric Company and The G. B. Industrial Union of the Bridge- port Works, Incorporated, 15 N. L. R. B. 1018. 226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A. F. of L. organization in the plant and in our previous decision we excluded it from the ballot for the reason that "there is no indication in the record that any substantial number of employees desire representation by the I. A. M." No additional evidence was adduced at the last hearing concerning the I . A. M.'s representation. United Automobile Workers of America affiliated with the Con- gress of Industrial Organizations has apparently accepted the loss of Local No . 228 and has organized United Automobile Workers of America, Amalgamated Aircraft Local 683, which admits to member- :ship production and maintenance employees of the Company. There is no indication in the record as to the extent of its representation in the plant and it clearly does not desire an election at this time. We accordingly find that no question affecting commerce has arisen .concerning the representation of the Company's employees in the general plant unit at its Inglewood , California, plant. We shall accordingly dismiss the petition filed in this proceeding . We will entertain a new petition by either organization whenever it is.. ac- companied by a showing of a substantial representation among the employees involved. Upon the basis of the above findings of fact and upon the entire record in the case,,the Board makes the following: CONCLUSION OF LAW No question affecting commerce has arisen concerning the repre- sentation of employees of North American Aviation, Inc., in the general plant unit at its Inglewood, California, plant, within the meaning of Section 9 (c) of the National Labor Relations Act. ORDER Upon the basis of the foregoing findings of fact and conclusion of law, the National Labor Relations Board, acting pursuant to Section 9 (c) of the National Labor Relations Act and Article III, Section 8, of National Labor Relations Board Rules and Regula- tions=Series 2, hereby dismisses the petition for investigation and certification filed by United Automobile Workers of,America, Local No. 228, C. I. O. AIR. WILLIAM M. LEISExsoN took no part in the consideration of the above Supplemental Decision and Order.