North American Aviation, Inc.

In the Matter Of NORTH -AMERICAN AVIATION, INC. and INTERNA- TIONAL UNION, UNITED AUTOMOBILE WORI{ERS OF AMERICA, LOCAL 683, C. I. O. - - - - /. Case No. R-2240.-Decided January 03, 1941 Jurisdiction : aircraft manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord recognition to union until certified by the Board ; election necessary. - Unit Appropriate for Collective Bargaining : production, inspection, timekeeping, production control, storekeeping, and maintenance employees, including group and working leadmen, and excluding office workers, employees of the engi- neering department, welders, plant police, supervisors, officials who have the right to hire and discharge, and all other supervisory employees including' and above the rank of assistant foremen. Gibson, Dunn & Crutcher, by Mr. J. Stuart Neary, of Los Angeles, Calif., for the Company. Gallagher, Wirin & Johnson, by Mr. A. L. Wirin, Mr. John M. Orr, and Mr. Wyndham Mortimer, of Los Angeles, Calif., for the U. A. W. - Mr. Clifton A. Hix, of San Pedro, Calif., and Mr. E. L. Lynch, of Inglewood, Calif., for the I. A. M. Mr. Jimme Goss and Mr. Walter S. Binns, of Los Angeles, Calif., for the Welders. Mr. Raymond J. Compton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 18, 1940, International Union, United Autornobile- Workers of America, Local 683, C. I. 0., herein called the U. A. W., filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition alleging that a question affecting commerce had arisen concerning the representation of employe se of North American Aviation, Inc., Inglewood, California, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor 29 N. L. R. B ; No. 27. 148 " 'NORTH AMERICAN AVIATION 149 Relations Act, 49 Stat:- 449, herein-`called the Act. On -December 11, 1940,' the- National Labor 'Relations Board, herein called thee' Board, acting pursuant to Section 9 (c) of the Act and Article III, Section .3, of 'National Labor Relations Board Rules and Regula- tions-Series 2,' as amended, ordered - an investigation and author- ized the 5Regional Director to conduct it and to provide ' for an' appropriate hearing upon due notice. On December '17, 1940, the, Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the U. A. W., and upon In- ternational Association of Machinists, Local No. 720, affiliated with the American Federation of Labor,' herein called' the I. A. M., and upon United Aircraft Welders of America, herein called the Welders, labor organizations claiming to represent employees directly affected by the investigation. Pursuant to notice a hearing was held on December 27 ' and 30, 1940, at Los Angeles, California, before W. G. Stuart Sherman, the Trial Examiner duly designated by the Board. The Company and the U. A. W. were represented by counsel, and the I. A. M. and the Welders by their representatives. All parties 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 rulings on various 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 committed. The rulings are hereby affirmed. ' Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY North American Aviation, Inc., is a Delaware corporation having manufacturing plants situated in Inglewood, California, -and Dun- dalk, Maryland. The present proceeding involves only the plant at Inglewood, at which the Company manufactures aircraft and air- craft parts solely' for the United States Government and for export to foreign countries., - -In the operation of its Inglewood plant the Company uses,large quantities of raw materials, chiefly aluminum, aluminum alloys, steel bar, sheet tubing, various fabrics, paints, dopes, and various proc. essing supplies. During the year 1939 the aggregate value of raw materials. used in the plant was approximately $11,301,000, and larger annual amounts were being used at the time of the hearing. Ap- proximately 80 per cent of these raw materials are shipped to the plant from points in States other than the State of California. 150 DECISIONS OF NATIONAL - LABOR RELATIONS BOARD During 1939 sales of finished products amounted to approximately $27,600,000, about 80 per cent of which were shipped to points outside the State of California. During the year 1939 aircraft and aircraft parts for export were sold principally to England, France, Brazil, Canada, and Peru. During 1940 and up to the present time there has been no material change in the operation of the plant with respect to exports and imports. II. THE ORGANIZATIONS INVOLVED International Union, United Automobile Workers of America, Local 683, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to its membership production and maintenance employees of the Company. International Association of Machinists, Local No. 720, is a labor organization affiliated with the American Federation of Labor, ad- mitting to its membership production and maintenance employees of the Company. United Aircraft Welders of America is an unaffiliated labor or- ganization. It admits to its membership welders employed by the Company, excluding supervisors who have the power to hire and discharge. III. THE QUESTION CONCERNING REPRESENTATION On or about July 22, 1940, the U. A. W. requested that the Com- pany grant it recognition as the exclusive bargaining representative of the production employees. The Company refused to accord such recognition until the U. A. W. was certified by the Board. At the hearing there was introduced in evidence a statement by the Regional Director showing that the U. A. W. and the I. A. M. each represent a, substantial number of employees within the unit hereinafter found to be appropriate.' It was also shown by the statement that the Welders represent a large majority of the welding employees.2 We find that a question has arisen concerning the representation, of employees of the Company. ' The statement showed that the U . A. W. had submitted to the Regional Director an' authorization' petition signed by 1213 employees , 955 pledge cards, and 564 membership application cards All appeared to bear genuine signatures of employees in the appropriate unit . Of the foregoing employees , 1639 are listed on the Company 's pay roll of November 6, 1940. The I. A. M. submitted 929 authorization cards and 224 application cards which, appeared to bear genuine signatures of employees in the approximate unit. Of these em- ployees , 945 are listed on the Company's pay roll of November 6, 1940. As of November 6, 1940, there were approximately 5500 employees in the appropriate unit. 2 In Matter of North American Aviation Inc. and United Automobile Workers of America, Local No. 228, C. I. O. and Untited Aircraft Welders . of America Independent, 13 N. L. R. B 1134, the Board certified the Welders as the exclusive bargaining representative of all welders employed by the Company. excluding supervisors who have authority to hire and discharge None of the parties herein contest the exclusion of the welders from the unit of production and maintenance employees hereinafter found to be appropriate. NORTH , AMERICAN AVIATION 151 IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, , occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among. the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The U. A. W. and the I. A. M. maintain that the production, inspection, timekeeping, production control, storekeeping, and main- tenance employees, including group and working leadmen, and ex eluding office workers, employees of the engineering department, welders, plant police, supervisors, officials who have the right to hire and discharge, and all other supervisory employees including and above the rank of assistant foremen, constitute a unit appropriate for the purposes of collective bargaining. The Company is in agreement with the U. A. W. and the I. A. M. as to the appropriateness of the foregoing unit, but contends that group leadmen should not be included because they exercise super- visory authority and are thus connected. with the management. It is apparent from the record, however, that group leadmen occupy only a minor supervisory position. Moreover, many of them are members of either the U. A. W. or the I. A. M. and have been the subject of grievance discussions between the Company and the re- spective unions to which they belong.3 We see no reason to depart from our usual rule that minor supervisory employees will be in- cluded within the bargaining unit if so desired by the labor organizations involved 4 ' In Matter,of North American Aviation Inc and United Automobile Workers of America, Local No. 228, C. I. O. and United Aircraft Welders of America Independent, 13 N L. R B. 1134, cited in footnote 2, supra, the Board directed that an election be held among the production employees and the employees in the finished stores department, the dispatch and follow-up department, the electrical maintenance department, the shipping depart- ment, 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, exclusive of supervisors, engineers, police, and office and clerical employees, to determine whether or not they desired to be represented by United Automobile Workers of America, Local No. 228, affiliated with the Committee for Industrial Organization. For reasons not material to the present proceeding, the election was not held. Although the U. A W. entered into a' contract with the Company on March 26, 1937, covering its members only, there is no showing as to whether or not the contract covered group leadmen. * See Matter of Todd-Johnson Dry Docks, Inc. and Industrial Union of Marine and Ship- building Workers of America, Local No. 29, 18 N. L. R. B. 973, and cases cited therein. 152 DECISIONS OF- NATIONAL-LABOR (RELATIONS BOARD We find that the production, inspection, timekeeping, 'production control, storekeeping, and maintenance employees,5 including group and working leadmen, and excluding office workers, employees of the engineering department, welders, plant police, supervisors, of- ficials who have the right to hire and discharge,' and all other super- visory employees including and above the rank of assistant foremen, constitute a unit appropriate for the purposes of collective bargain- ing, and that said unit will insure to employees of the Company, the full benefit of their right to self-organization and collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company within the unit we have found to be appropriate can best be resolved by an election by secret ballot. The I. A. M. and the Company requested that a current pay roll be used as the basis for determining eligibility to vote, whereas the U. A. W. requested that the pay-roll period immediately preceding October 18, 1940, the date on which it filed the petition, be deter- minative. We do not feel that the position taken by the U. A. W. should cause us to depart from our usual practice. Accordingly, we shall direct that the employees of the Company eligible to vote in the election shall be those' within the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, with the limitations and additions appearing in said,Direction. The U. A. W. requested that its name appear on the ballot as United Automobile Workers of America, Local 683, C. I. 0., Aircraft Division. We shall so designate the U. A. W. on the ballot. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of North American Aviation, Inc., Inglewood, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production, inspection, timekeeping, production control, storekeeping, and maintenance employees, including group and work- ing leadmen, and excluding office workers, employees of the engi. In accordance with a stipulation by all parties at the hearing, departments coming' within the general categories set forth above are included in the unit regardless of their number or classification in the Company's organization plan. -NORTH AMERICAN AVIATION 153 neering department, welders, plant police, supervisors,' officials who have the right to hire and discharge, and all other supervisory employees including and above the rank of assistant "foremen, , constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION 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, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collecting bargaining with North American Aviation, Inc., Inglewood, California; an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date df this Direction, under the, direction and supervision of the Regional Director for the Twenty-first Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rule and Regulations, among the production, inspection, time- keeping, production control,- storekeeping, and maintenance em- ployees of the Company who were employed by the Company during the pay-roll period immediately preceding the date of this Direction of Election, including group and working leadmen, employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been tem- porarily laid off, and excluding office workers, employees of the engineering department, welders, plant police, supervisors, officials who have the right to hire and discharge, and all other supervisory employees including and above the rank of assistant foremen, and employees who have since quit or been discharged for cause, to de- termine whether they desire to be represented for the purposes of collective bargain by United Automobile Workers of America, Local 683, C. I. 0., Aircraft Division, or by International Association of Machinists, Local No. 720, affiliated 'with the American Federation of Labor, or by neither. 154 DECISIONS OF NATIONAL LABOR -RELATIONS BOARD [SAME TITLE] Investigation and Certification of Representatives : run-off election directed. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION February ,26, 1941 On January 23, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Election, an election by secret ballot was conducted on,February 20, 1941, under the, direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles , California ). On February 18, 1941, prior to the election , all parties stipulated that loftsmen at- tached to the Engineering Department are production employees and should be included in the unit which the Board found to be appropri- ate. Pursuant to the sitpulation , liftsmen attached to the Engineer- ing Department were permitted to vote in the election. On February 21, 1941 , 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 his Election Report. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility List----------------------------------- 7,652 Total Ballots Cast---------------------------------------- 6,465 Total Ballots Challenged---------------------------------- 39 Total Blank Ballots --------------------------------------- ` 3 Total Void Ballots---------------------------------------- 5 Total Ballots Not Counted --------------------------------- 47 Total Ballots Counted------------------------------------- Total Votes for UNITED AuTo1OBILE WORKERS OF AMERICA, 6,418 LOCAL 683, CIO, AIRCRAFT DIVISION--------------------- 2,739 Total Votes for INTERNATIONAL ASSOCIATION OF MACHINISTS, LocAL No. 720, affiliated with the AMERICAN FEDERATION OF LABOR----------------------------------------------- 2,693 Total Votes for NEITHER----------------------------------- 986 Thereafter, the Company, the U. A. W., and the I. A. M. entered into a stipulation waiving their right to the 5-day period in which to file objections to the Election Report, and requesting. the Board to direct `a run-off election by secret ballot to determine whether the employees of North American Aviation, Inc., Inglewood, California, desire to be represented by United Automobile Workers of America, Local 683, C. I. 0., or by International Association of Machinists, NORTH AMERICAN AVIATION 155 Local No. 720, affiliated with the American Federation of Labor. We shall direct the holding of a run-off election as agreed upon by the parties. SECOND DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relians Board by Section 9 (c) of the National Labor Rela- tions 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 DIRECTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargain- ing with North American Aviation, Inc., Inglewood, California, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Second Direc- tion of Election, under the direction 'and supervision of the Regional Director for the Twenty-first 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 de- scribed in paragraph 2 of the Direction of Election issued on January 23, 1941, including loftsmen attached to the Engineering Department, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by United Auto- mobile Workers of America, Local 683, C. I. 0., Aircraft Diivsion, or by International Association of Machinists, Local No. 720, affiliated with the American Federation of Labor. 29 N. L. It. B. 27a.