Curtiss-Wright Corp.

In the Matter of CURTISS-WRIGHT CORPORATION (PROPELLER DIVISION), CLIFTON, N. J. and AIRCRAFT LODGE 703 I. A. of M., A. F. OF L. In the Matter of CURTISS-WRIGHT CORPORATION-PROPELLER DIVISION and I. A. OF M. AIRCRAFT WORKERS LODGE 703 A. F. OF L. THE PROPELLER-CRAFT, INC. - In the Matter of CURTISS-WRIGHT CORPORATION (PROPELLER DIVISION) and THE PROPELLER-CRAFT INC. Cases Nos. R-2637, RE-P35, and R-2638, respectively .Decided July 17,1941 Jurisdiction : airplane propeller manufacturing industry. Investigation and Certification of Representatives : existence of question: raised by dispute between two labor organizations as to appropriate unit; agreed pay-roll date; labor organization whose unit contentions not upheld permitted to withdraw from election ; election necessary. Unit Appropriate for Collective Bargaining : two-plant unit held appropriate where plants operated as one manufacturing unit and bargaining history has been on that basis ; learners, guards, and working group leaders included in unit on basis of prior bargaining history' where unions disputed appro- priateness of their inclusion. Mr. Alan F. Perl, for the Board. Spence, Windels, Walser, Hotchkiss d Angell, by Mr. Andre Maximov and Mr. Desmond Fitz Gerald, of New York City, for the Company. Mr. Jerome F. Sturm, of New York City, for Aircraft and the Metal Polishers. Mr. Donald G. Collester, of Clifton, N. J., for Propeller-Craft. Mr. Charles W. Schneider, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 29, 1941, Aircraft Lodge 703 I. A. of M., A. F. of L., herein called Aircraft, filed a petition with the Regional Director for the Second Region (New York City) alleging that a question affecting commerce had arisen concerning the representation of employees of Curtiss-Wright Corporation (Propeller Division), 33 N. L. R. B., No. 96. 490 CURTISS-WRIGHT CORPORATION 491 Clifton, N. J., herein called the Company, and requesting an investi- gation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 4, 1941, the Company filed a petition with the Regional Director alleging that a question affecting commerce had arisen concerning the representation of its employees, and requesting an investigation and certification of representatives. On June 5, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations- Series 2, as amended, ordered an investigation and authorized 'the Regional Director to conduct it and to provide for an appropriate hearing upon due notice; and further ordered, acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, that the two cases be consolidated. On June 6, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company; Aircraft; the American Federation of Labor; The Propeller-Craft, Inc., herein called Propeller-Craft; Metal Polishers, Buffers, Platers & Helpers International Union, Local 121, A. F. of L., herein called the Metal Polishers; International Association of Machinists: United Automo- bile Workers of America, C. I. 0., Aircraft Division; and Steel Workers Organizing Committee, C. I. O. On June 9,1941, Propeller-Craft filed a petition with the Regional Director alleging that a question affecting commerce had arisen con- cerning the representation of employees of the Company and request, ing an investigation and certification of representatives. On the same day the Board ordered an investigation with respect to Pro- peller-Craft's petition, and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and further ordered that the case arising on Propeller-Craft's petition be consolidated with those of Aircraft and the Company. Pursuant to notice, a hearing was held on June 9, 10, 11, and 14, 1941, at New York City' before Millard L. Midonick, the Trial Examiner duly designated by the Chief Trial Examiner. The Board, the Company, Aircraft, Propeller-Craft, and the Metal Polishers were represented by counsel and participated in the hear- ing., Full opportunity to be heard, to examine and cross-examine witnesses , and to introduce evidence bearing on the issues was afforded all parties. The Metal Polishers, at the hearing, merged its claim with that of Aircraft. At the hearing the Company moved to withdraw its petition. The Trial Examiner reserved ruling and referred the motion to the Board . Since all issues can be adjudicated 1 The A. F. of L., U. A. W., and S. W. O. C. did not appear. 492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in connection with the disposition of the petitions of Aircraft and Propeller-Craft, the motion is hereby granted. At the hearing Pro- peller-Craft moved to abate the proceedings until Aircraft would agree to withdraw with prejudice a charge previously filed with the Board (and subsequently withdrawn without prejudice) alleging that Propeller-Craft was dominated by the Company within the meaning of Section 8 (2) of the Act. The Trial Examiner reserved ruling and referred the motion to the Board. The motion is hereby denied. During the course of the hearing the Trial Examiner made various rulings on other 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. The Company, at the request of the Trial Examiner, filed a summary of facts, and Aircraft and Pro- peller-Craft filed briefs, all of which the Board has considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company is a Delaware corporation engaged in the manu- facture, sale, and distribution of airplane propellers with its principal office at Caldwell, New Jersey. It operates plants at Caldwell and Clifton, New Jersey; Pittsburgh and Beaver, Pennsylvania; and Indianapolis, Indiana. During the 6 months preceding June 10, •1941, the Company purchased and used at the Clifton and Caldwell plants raw materials valued in excess of $360,000, more than 99 per- cent of which materials were shipped to Clifton and Caldwell from points outside the State of New Jersey. During the last 6 months of 1940 the Company's gross sales of products manufactured at the Clifton and Caldwell plants amounted to more than $7,000,000, over 90 percent of which products were shipped by the Company to points outside the State of New Jersey. , II. THE ORGANIZATIONS INVOLVED Aircraft Lodge 703 is a labor organization affiliated with the Inter- national Association of Machinists which is in turn affiliated with the American Federation of Labor. It admits to membership employees of the Company. The Propeller-Craft, Inc., is an unaffiliated labor organization admitting to membership employees of the Company. CURTISS-WRIGHT CORPORATION 493 III. THE QUESTION CONCERNING REPRESENTATION On May 29, 1941, Aircraft requested recognition as bargaining representative of the Company's employees at its Caldwell, New Jer- sey plant. The Company questioned the, appropriateness of the unit proposed by Aircraft and further stated that it had by contract rec- ognized Propeller-Craft as representative of its employees at the Caldwell and Clifton plants. Aircraft then filed a petition for in- vestigation and certification as representative of the Caldwell em- ployees; the Company filed a petition for an-election and certification in whatever unit the Board should find appropriate; and Propeller- Craft filed a petition for an investigation and certification as repre- sentative of the employees at Caldwell and Clifton in one unit. A report of, the Regional Director shows that both Aircraft and Propeller-Craft represent a substantial number of employees in the units they respectively allege to be appropriate.2 We find that a question has arisen concerning the representation of employees of the Company.3 IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE a 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 Aircraft requests an appropriate unit composed, in substance, of all hourly-paid employees at the Caldwell plant, excluding watch- men, tool designers, cafeteria workers, supervisors, foremen, guards, 2 The Regional Director reported that Aircraft submitted 489 authorization cards dated between November 1, 1940, and May 31, 1941 , all bearing apparently genuine original signatures Of these 399 are the names of persons on the Company 's June 1, 1941 , Caldwell pay roll which lists 858 employees ; and 14 are the names of persons on the June 1 Clifton pay roll nhich lists 919 employees. Propeller-Craft submitted its dues records of members paid up to May 1, 1941 . Of these, 764 are the names of persons on the June 1 Clifton pay roll ; 384 the names of persons on the June 1 Caldwell pay roll Metal Polishers , which organization merged its claim with Aircraft , also submitted evi- dence which consisted of 31 authorization cards-30 dated between March 23 and June 1, 1941, all bearing apparently genuine original signatures . Twenty-nine are the names of persons on the June 1 Caldwell pay roll. 8 The Company and Propeller-Craft have agreed not to assert as a bar to an election at Caldwell or Clifton an exclusive bargaining contract between the Company and Propeller- Craft which expires October 15, 1941 The contract has a clause specifically making it subject to the Act and any "decisions" thereunder. 494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD clerical and time-study employees, and lead men.-' Propeller-Craft requests a unit composed of all hourly-paid employees at the Cald- well and Clifton plants, with substantially the same exclusions' as Aircraft, except that Propeller-Craft would exclude learners and in- clude guards and working group leaders.5 Conversely, Aircraft would include learners and exclude guards and working group lead- ers. The Company takes no position with reference to the scope of the appropriate unit, or with reference to the learners, but would "prefer" exclusion of the guards and the working group leaders from any appropriate unit. The Clifton and Caldwell plants are engaged in the manufacture of airplane propellers and parts therefor which are assembled at Clifton. Clifton began operations in August 1938.6 In October 1940, the Caldwell plant, which is 11 miles from Clifton, was established as a result of expansion in the Company's business and the lack of space at Clifton. Certain departments essential to the operation of Clifton were transferred bodily from Clifton to Caldwell, along with 630 employees, when Caldwell was opened. Clifton and Caldwell are operated as one manufacturing unit. Both plants are under common management and have a common bank account. Caldwell houses the Laboratory, Accounting, Receiv- ing (for gauges and "tools), Tool Designing, Engineering, Plant Maintenance, and Sales Departments. Clifton houses the Purchas- ing, Shipping, Production Planning, Employment, and Personnel Departments. The Heat Treating and Machine Shop departments are divided between the two plants because of space considerations. Under the Company's present organizational scheme the two plants could not operate separately. Men are transferred and loaned be- * The complete description of the unit Aircraft requests is as follows • All hourly paid employees in the Caldwell, New Jersey , plant of the Company, specifically including only employees in the machine shop , hub department , beat treating and plating department, metallurgical department, receiving and shipping departments , inspection department , stores department including the dispatchers , tool service employees except tool designers, main- tenance department , experimental machinist and (sic ) engineering department , trainees and learners , including such trainees and learners now stationed at the Clifton , New Jersey, school of the Company, employees in the steel plate and blade department, and specifically excluding watchmen , cafeteria workers, supervisors , foremen , guards , clerical and time- study employees , and lead men who have the power to recommend hiring or discharge. 5,T he complete description of the unit Propeller-Craft requests is as follows : All hourly- paid employees in the Caldwell and Clifton, New Jersey, plants , specifically including only employees in the subassembly , final assembly, dural blade department, machine shop, hub department, beat treating and plating department , metallurgical department , receiving and shipping departments , inspection departments , stores including dispatchers , tool service employees except tool designers , maintenance, experimental machinists in (sic ) the engi- neering department, guards , employees in the steel plate and blade department , working group leaders, and specifically excluding cafeteria workers, supervisors , foremen, clerks, time-study employees , and learners. "The Company also operates a propeller-blade plant at Pittsburgh , Pennsylvania , opened November 1, 1939; one at Beaver , Pennsylvania , 20 miles from Pittsburgh and now begin- ning operations ; and also an assembly and parts manufacturing plant at Indianapolis, Indiana, also beginning operations. CURTISS-WRIGHT CORPORATION 495 tween the two plants. Liaison is maintained by two direct leased trunk telephone lines, and three station wagons and five trucks which constantly shuttle back and forth between the two plants, trans- porting personnel, materials, and parts. Wages and working condi- tions are substantially the same for similar employment and the Company's seniority plan covers both plants. On October 15, 1938, the Company, and Propeller-Craft entered into a contract in which the Company recognized Propeller-Craft as exclusive bargaining agent for the Clifton employees. This con- tract was revised and renewed in 1939; and on October 15, 1940, revised again, renewed for 1 year, and on demand of Propeller-Craft, extended to include the Caldwell employees. There is ample evi- dence that Propeller-.Craft has continuously bargained for and secured adjustments for the employees of both plants of the Company on wages, grievances, and working conditions. Aircraft began organizing at Caldwell in November 1940 and formed a local in March 1941. It made its first demand on the Company for recognition on May 29, 1941. Fourteen of Aircraft's members are employed at Clifton, two of them being officers in the Local. Aircraft's organizer stated at the hearing that Aircraft in- tends to organize Clifton but will establish a separate local there. Metal Polishers began organizing in March 1941. It has no mem- bers at Clifton, and as yet has formed no local at Caldwell. In view of the common origin of the plants, their complete inter- dependence, their bargaining history, their present organizational pattern, and that of similar plants within the Company,' the Cald- well and Clifton plants properly constitute one appropriate unit.' We therefore find that the unit requested by Aircraft is not appro- priate. Aircraft would include in the appropriate unit all learners at Cald- well and in the Clifton school; Propeller-Craft would excude them all. Learners are, inexperienced men hired to be taught plant opera- tions. They are paid 50 cents an hour, which is charged to overhead. Training requires an average of 3 months, at the end of which time they are raised in pay and transferred to the production pay roll. Propeller-Craft has bargained for them in the past and has accepted them as members. It assigns no reason for desiring their exclusion. They will be included in the unit. Aircraft would exclude 'guards; Propeller-Craft would include them. The Company "prefers" their exclusion. Propeller-Craft, has -At the Pittsburgh plant S. W. O. C. and the Company recently negotiated a contract not yet signed at the time of the hearing in which the company recognizes S. W 0 C. as exclusive bargaining agent for the employees of the Pittsburgh and Beaver plants as one unit. A See Matter of Stackpole Carbon Company and, United Electrical & Radio Workers of America, Local No. 502, 6 N. L. R B. 171. 496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD bargained for them in the past also, successfully negotiated a senior- ity grievance for one, and secured a wage reclassification that abol- ished pay distinctions between them. In view of the bargaining history the guards will be included in the unit. Aircraft would exclude working group leaders; Propeller-Craft would include them; the Company "prefers" their exclusion. Work- ing group leaders do manual work in, and direct, a group of six men. They are paid on an hourly basis and have the power to recommend discharge or promotion. In view of the fact that they are primarily production workers, and were apparently included in the unit set up in the contract between the Company and Propeller- Craft,9 they will be included in the appropriate unit. We find that all hourly-paid employees in the Caldwell and Clif- ton, New Jersey, plants of the Company, specifically including em- ployees in the sub-assembly, final assembly, dural blade department, machine shop, hub department, heat treating and plating depart- ment, metallurgical department, receiving and shipping departments, inspection departments, stores department including dispatchers, tool service employees except tool designers, maintenance department, experimental machinists in the engineering department, learners, guards, employees in the steel plate and blade department, and work- ing group leaders, but excluding cafeteria workers, supervisors, fore- men, clerks and time-study employees, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to the employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The parties have agreed that the May 31, 1941, pay roll may be used to determine eligibility to vote in such election. We shall give effect to the desires of the parties and direct that the employees of the Company eligible to vote in the election shall be those in the appro- priate unit employed during the pay-roll period of May 31, 1941, subject to such limitations and additions as are set forth in the Direction hereinafter. At the hearing Aircraft declined to state whether or not it would desire to participate in an election covering both the Caldwell and Clifton employees. We shall provide for participation in the election by both Aircraft and Propeller-Craft. However, Aircraft will be a The contract excludes supervisory employees "having the right to hire, lay off, transfer or discharge " CURTISS-WRIGHT CORPORATION 497 permitted to withdraw from the election by filing with the Regional Director within five (5) days from the date of issuance of the Direc- tion, a request that its name not be placed 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 Curtiss-Wright Corporation (Propeller Division), Caldwell and Clifton, New Jersey, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All` hourly paid employees in the Caldwell and Clifton, New Jersey, plants of the Company, specifically including employees in the sub-assembly, final assembly, dural blade department, machine shop, hub department, heat treating and plating department, metallurgical department, receiving and shipping departments, inspection depart- ments, stores department including dispatchers, tool service employees except tool designers, maintenance department, experimental machin- ists in the engineering department, learners, guards; employees in the steel plate and blade department, and working group leaders, but excluding cafeteria workers, supervisors, foremen, clerks and time- study employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the 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 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 part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Curtiss-Wright Corporation (Propeller Division), Clifton, New Jersey, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Election, under the direction and supervision 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 all hourly-paid employees in the Caldwell and Clifton, New Jersey, plants of the Company, specifically including employees in the sub-assembly, final assembly, dural bladb department, machine shop, hub department, heat treating and plating department, metallurgical department, re- 498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ceiving and shipping departments, inspection departments, stores department including dispatchers, tool service employees except tool designers, maintenance department, experimental machinists in the engineering department, learners, guards, employees in the steel plate and blade department, and working group leaders, who were em- ployed during the pay-roll period ending May 31, 1941, including employees who did not work during said 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 cafeteria workers, supervisors, foremen, clerks, time-study employees, and em- ployees who have since quit or been discharged for cause, to determine whether they desire to be represented by Aircraft Lodge 703, Inter- national Association of Machinists, A. F. of L., or by The Propeller- Craft, Inc., for the purposes of collective bargaining, or by neither.