Rohr Aircraft Corp.

In the Matter of ROHR AIRCRAFT CORPORATION and UNITED AIRCRAFT WELDERS OF AMERICA, UNAFFILIATED In the Matter of ROHR AIRCRAFT CORPORATION and INTERNATIONAL ASSOCIATION OF MACHINISTS Cases Nos. R-0601 and R-.602,-Decided August 14, 1941 Jurisdiction : aircraft manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition; union whose unit contentions not upheld and who has shown no substantial interest in unit found appropriate and has not requested participation in election, excluded from ballot; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, including welders, shop clerks, timekeepers, and expediters, but excluding lead men and supervisory employees with power to hire and fire. Practice and Procedure : separate unit for welders held not appropriate; petition alleging such unit dismissed. Mr. Fred H. Rohr, of San Diego, Calif., and Mr. E. P. Campbell, of Chula Vista, Calif., for the Company. Mr. Walter S. Binns, of Santa Monica, Calif., and Mr. Jimiine Goss, of Los Angeles, Calif., for the United. Mr. C. L. Bentley, of San Diego, Calif., for the I. A. M. Mr. John H. Murphy, Mr. Hugh A. Sanders, and Mr. Irvin J. Kahn, of San Diego, Calif., for the Association. Mr. James Dickerson, of San Diego, Calif., and Gallagher and Wirin, by Mr. Victor Kaplan, of Los Angeles, Calif., for the C. I. O. Mr. Gilbert V. Rosenberg, of counsel to the Board. DECISION DIRECTION OF ELECTION AND ORDER STATEMENT OF THE CASE On April 1, 1941, United Aircraft Welders of America, Unaffili- ated, herein called the United, and on April 10, 1941 , International Association of Machinists, herein called the I . A. M., filed with the 34 N L. R. B., No 39. 266 ROHR AIRCRAFT CORPORATION 267 Regional Director for the Twenty-first Region (Los Angeles, Cali- fornia) petitions alleging that a question affecting commerce had arisen concerning the representation of employees of Rohr Aircraft Corporation, Chula Vista, California, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 17, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, and Section 10 (c) (2), 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 on due notice, and further ordered that the cases be consolidated. On May 19, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the United, the I. A. M., and Rohr Employees Association, herein called the Asso- ciation, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on May 27, 1941, at San Diego, California, before Richard A. Perkins, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the United, the I. A. M., and the Association were rep- resented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the opening of the hearing, United Automobile Workers of America, Aircraft Division, C. I. 0., herein called the C. I. 0., another labor organization claiming to represent employees directly affected by the investigation, appeared by counsel and moved to dismiss the petition filed by the I. A. M. on the grounds (1) that the C. I. O. was not served with notice of hearing' and (2) that charges against the Company involving employees in the unit claimed by the I. A. M. were then pend- ing before the Board.2 The Trial Examiner denied the motion.3 The Trial Examiner granted a motion by the Association to intervene in this proceeding. , During the course of the hearing, the Trial Ex- aminer made other rulings on motions and on objections to the ad- The record shows that pi for to the hearing the C 1. O. failed, at the request of the Regional Director , to submit proof of its membership among employees of the Company 2On April 18, 1941, the C I 0 filed charges against the Company. On May 8, 1941, the Regional Diiector informed the C. I 0 that a complaint would not be issued upon said charges . On July 29, 1941 , the Board sustained the Regional Director 's action in refusing to issue a complaint. On May 10, 1941, the C I 0 filed other charges against the Company which were with- drawn by the C I 0 on July 31, 1941. 1 After denial of its motion , the C. I O. elected not to submit evidence of its alleged representation and stated that it would not participate further in the hearing 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mission of evidence. The Board has reviewed all the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. The United and the I. A. M. filed briefs with the Board which it has considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Rohr Aircraft Corporation, organized in August 1940, is engaged in the production of airplane parts and assemblies at- a plant in Chula Vista, California. The Company obtains its raw materials from two other California aircraft companies, Consolidated Aircraft Corpora- tion and Lockheed Aircraft Corporation, and sells all its finished products to these two companies 4 which, according to a stipulation of the parties, are engaged in commerce within the meaning of the Act. The Company stated that it does not object to the Board's juris- diction in this proceeding. II. THE ORGANIZATIONS INVOLVED International Union, United Aircraft Welders of America, is an unaffiliated labor organization,, admitting to membership all workers of the aircraft industry employed as gas welders, electric arc welders, electric welders, gas burners, gas cutters, apprentice welders, and helpers. International Association of Machinists is a labor organization affili- ated with the American Federation of Labor, admitting to membership .employees of the Company. Rohr Employees Association is an unaffiliated labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In February 1941, the United, claiming to represent a majority of the Company's welders, requested the Compay to recognize it as the exclusive representative for these employees. The Company refused this request, challenging the United's claim of majority representation. A report prepared by the Regional Director shows that the United represents a substantial number of employees in the unit alleged in its petition to be appropriate and that the I. A. M. and the Association, * The Company's operations dovetail with the operations of the Consolidated and Lock- heed companies. During the period between August 1940 and March 1941, these com- panies received products manufactured by the Company valued at approximately $500.000. 9 ROHR AIRCRAFT CORPORATION 269 respectively, represent a substantial number of employees in the unit hereinafter found to be appropriate.' We find that a question has arisen concerning the representation of employees of the Company. 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. TIIE APPROPRIATE UNIT In its petition the United alleges that the following employees of the Company constitute a unit appropriate for the purpose of collec- tive bargaining : oxy-acetylene, oxy-hydrogen, and electric-arc weld- ers, gas-flame cutters, burners, welders' helpers, and apprentice welders, but excluding electric-spot welders, all foremen, and super- visors with authority to hire or discharge. The I. A. M. urges dis- missal of the United's petition, contending that the welders should be included in the plant-wide unit set forth in its petition.° At the hearing the Association and the Company made no contention con- cerning the question of a separate unit for welders. However, the I. A. M. and the Association stipulated that, aside from the question of the inclusion of the welders, all production and maintenance em- ployees of the - Company, including shop clerks, timekeepers, and expediters, but excluding lead men, and supervisory employees with the power to hire and discharge, constitute an appropriate unit. The Company employs approximately 740 persons, 11 of whom are employed in the welding department. These latter employees are student welders who are being trained by the Company and have had no previous welding experience in the aircraft industry. The record shows that only about 1 per cent of the Company' s total pro- 5 The Regional Director' s report shows that in support of its claim for a unit restricted to welders, the United submitted application cards signed by 6 employees whose names appear on the Company's pay roll of April 8, 1941 ; and that in support of their claim for a plant-wide unit, the I A. M. submitted 214 application cards signed by employees whose names appear on the above-named pay roll, and the Association submitted 15 petitions signed by 266 employees whose names likewise appear on the above pay roll . There are 11 employees in the unit claimed by the United and approximately 700 employees in the plant-wide unit hereinafter found to be appropriate. °Although the I. A. M's petition included only production employees in the unit , during the hearing it agreed to include also maintenance employees. 270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD duction operations consist of. welding work. Most of the parts on which welding is required are manufactured by and purchased from other manufacturers. The Company does not contemplate any ex- pansion of its welding department. There is no history of collective bargaining among the Company's employees. Under all the cir- cumstances, we find that a separate unit for welders of the Company is not appropriate for the purposes of collective bargaining and, accordingly, we shall dismiss the United's petition.' We find that the production and maintenance employees of the Company, including welders, shop clerks, timekeepers, and expediters, but excluding lead men, and supervisory employees with the power to hire and discharge, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to 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 which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. Inasmuch as the United has shown no substantial interest in the unit heretofore found appropriate and has not requested to participate in the election to be held among em- ployees in such unit, we shall not place the United's name on the ballot. The I. A. M. requests that the pay roll of May 15 be used to determine eligibility for participation in the election. We see no reason to depart from our usual practice in this regard. Accordingly, we shall direct that an election be held among all employees in the appropriate unit who were employed by the Company during the pay-roll period last preceding the date of this Direction, subject to such limitations and additions as are set forth in the Direction, to determine whether they desire to be represented by the I. A. M., or by the Association, or by neither. 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 Rohr Aircraft Corporation, Chula Vista, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. ° Cf. Matter of Vega Airplane Company and United Aircraft Welders of America (Un- afftiltated), 32 N. L. R. B. 1110. ROHR AIRCRAFT CORPORATION 271 2. The production and maintenance employees of the Company, in- cluding welders, shop clerks, timekeepers, and expediters, but exclud- ing lead men, and supervisory employees with the power to hire and discharge, 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 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 Duu;cTEm that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Rohr Aircraft Corporation, Chula Vista, 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 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 Rules and Regulations, among all production and maintenance employees who were employed by the said Company during the pay-roll period last preceding the date of this Direction, including welders, shop clerks, timekeepers, expediters, 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 lead men, supervisory employees with the power to hire and discharge, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by International Association of Machinists, or by Rohr Employees Association, for the purposes of collective bargaining, or by neither. ORDER On the basis of the foregoing findings of fact and conclusions of law, the National Labor Relations Board orders that the petition for investigation and certification filed by United Aircraft Welders of America, unaffiliated, be, and it hereby is, dismissed. Mx: EDWIN S . SMrrH took no part in the consideration of the above Decision, Direction of Election, and Order.