Bendix Aviation Corp.

National Labor Relations Board - Board Decisions

Apr 9, 1942

40 N.L.R.B. 376 (N.L.R.B. 1942)

In the Matter of BENDIX AVIATION CORPORATION, WAYNE DIVISION
and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O. ,
Case No. R-3665.-Decided April 9,1912
Jurisdiction : airplane manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including indentured apprentices, and excluding clerical, supervisory,
and certain other specified categories.
Mr. Edwin-H. Cassels, of Chicago, Ill., Mr. Marvin A. Heidt, of
South Bend, Ind., and Mr. Fred J. Boland, of Wayne, Mich., for the
Company.
Maurice Sugar and N. L. Smokier, by Mr. N. L. Smokier, of De-
troit, Mich., and Mr. James E. Schnarrs, of Detroit, Mich., for the
Union.
Mr. Max E. Halpern, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 12, 1942, International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America, affiliated
with the Congress of Industrial Organizations, herein called the
Union, filed with the Regional Director for the Seventh Region (De-
troit, Michigan) a petition alleging that'a question affecting com-
merce had arisen concerning the representation of employees of
Bendix Aviation Corporation, Wayne Division,' Wayne, Michigan,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
' The name of the Company appearing in the petition was amended to include "Wayne
Division "
40 N. L. R. B., No. 61.
376
i
BENDIX AVIATION CORPORATION 377
Labor Relations Act, 49 Stat. 449, herein called the Act. On March 12,
1942, 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.
On March 17, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on March 24, 1942,
at Detroit, Michigan, before Max Rotenberg, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company and
the Union 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 both parties. During the course of the hearing the Trial
Examiner made various 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 committed.
The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bendix Aviation Corporation, a Delaware corporation with its
principal office located in South Bend, Indiana, is engaged in the man-
ufacture, distribution, and sale of airplane parts and accessories.
The Company owns and operates 20 manufacturing plants located
in various States of the United States, including the plant located in
Wayne, Michigan, which is involved herein. During the year ending
December 31, 1941, the Company purchased for use and manufacture
at its Wayne Division plant, such raw materials as aluminum, steel,
brass, and chrome, valued in excess of $1,000,000, approximately 90
percent of which was purchased from sources outside the State of
Michigan and shipped to the Company's Wayne Division in Wayne,
Michigan. During this period the Company's Wayne Division man-
ufactured finished products valued in excess of $2,500,000, approxi-
mately 75 percent of which was shipped to points outside the State
of Michigan. Approximately 1,600 persons are employed at the
Wayne Division plant.
The Company admits that it is engaged in commerce within the
meaning of the Act.
i
378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
International Union, .United Automobile, Aircraft & Agricultural
Implement Workers of America, is a labor organization affiliated-
with the Congress of Industrial Organizations. It admits to mem-
bership employees of the Company. -
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulate that a question concerning representation has'
arisen by reason of the Company's refusal to recognize the Union
until and unless the Union is certified by -the Board. A statement of
the Regional Director introduced in evidence at the hearing indicates
that the Union represents a substantial number of employees in the
unit hereinafter found to be appropriate.2
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 parties stipulate that the appropriate unit comprises all pro-
duction and maintenance employees of the Company's Wayne Di-
vision, "including group leaders, inspectors, receiving and shipping
employees, powerhouse employees, toolroom employes, and crib,at-
tendants, truckers, stock-chasers, stockmen, and all other storeroom
and stockroom employees-and excluding all office and clerical em-
ployees, employees of sales, accounting, personnel, and industrial
relations departments; superintendents, and ' assistant superin-
tendents, general foremen, foremen, and assistant foremen, and all
other employees acting in a supervisory capacity or having the right
to hire or discharge; time-study men, plant protection (which shall
include fire patrol employees), chief engineers; and further exclud-
ing all production estimating, and planning engineers, draftsmen,
2 The statement shows that the Union submitted 1,023 official application -for-membership
cards ; 447 are dated between January 1, 1941, and January 1, 1942 ; 104 are dated between
January 1, 1942, and March 11, 1942; 472 are undated ; 942 cards appear to bear genuine
original signatures , of which 656 are the signatures of persons whose names are on the
Company's pay roll of February 22, 1942; 81 cards bear printed names.
BE'NDIX AVIATION'' CORPORATION 379.
detailers,' chemists, metallurgists, timekeepers, cooperative students,
indentured' apprentices, professional employees, who are receiving
training, and kitchen and cafeteria employees." 3 We are of the
opinion, however, that indentured apprentices, who are learning
electrical, tool and die making, or other trades, should not be placed
within the excluded categories. We shall accept the stipulation of
the parties in all respects except that we shall include in the unit the
indenture apprentices.
We find, therefore, that all production and maintenance employees,
including indentured apprentices, group leaders, inspectors, receiving
and shipping employees, powerhouse employees, toolroom employees,
and crib attendants, truckers; stock-chasers, stockmen, and all other
storeroom and stockroom employees; and excluding all office and
clerical employees, employees of sales, accounting, personnel, and
industrial relations departments; superintendents, and assistant
superintendents, general foremen, foremen, and assistant foremen, and
all other employees acting in a supervisory capacity or having the
right to hire or discharge; time-study men, plant protection (which
shall include fire patrol employees), chief engineers; and further
excluding all production estimating, and planning engineers, drafts-
men, detailers, chemists, metallurgists, timekeepers, cooperative stu-
dents, professional employees,,who are receiving training, and kitchen
and cafeteria employees, constitute a unit appropriate for the pur-
poses of collective bargaining' and that said unit will insure to em-
ployees,of the Company the full benefit of their right to self-organi
zation and to collective bargaining and otherwise will 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 among the
employees within the appropriate unit who were employed by the
Company during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to the limitations and
additions set forth in the Direction.
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 Bendix Aviation Corporation, Wayne Di-
The description of the bargaining unit contained in the petition was amended to read
as above set forth , upon motion of counsel for the Union.
380 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vision , Wayne, Michigan , within the meaning of Section 9 (c) and
Section 2 ( 6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees of Bendix Avia-
tion Corporation , Wayne Division , Wayne, Michigan , including in-
dentured apprentices , group leaders, inspectors , receiving and ship-
ping employees , powerhouse, employees , toolroom employees, and
crib attendants , truckers , stock-chasers, stockmen , and all other store-
room and stockroom employees; and excluding all office and clerical
employees , employees of sales, accounting , personnel , and industrial
relations depai ,tments ; superintendents , and j assistant superin-
tendents , general foremen , foremen, and assistant foremen, and all
other employees acting in a supervisory capacity or having the right
to hire or discharge ; time-study men, plant protection ( which shall
include fire patrol employees), chief engineers ; and further excluding
all production estimating , and planning engineers , draftsmen, de-
tailers, chemists , metallurgists , timekeepers , cooperative students,
professional employees , who are receiving training , and kitchen and
cafeteria employees , 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 Relations
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 Bendix Aviation Corporation , Wayne Division,
Wayne, Michigan , an election by secret ballot shall be conducted as
soon 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 Seventh Region, acting in this mat-
ter 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 of Bendix Aviation Cor-
poration , Wayne Division ,- Wayne, Michigan , who were employed
by the Company during the pay-roll period immediately preceding
the date of this Direction , including indentured apprentices , group
leaders, inspectors, receiving and shipping employees , powerhouse
employees , toolrooin employees , and crib attendants , truckers , stock-
chasers, stockmen , and all other storeroom and stockroom employees,
and including employees who did not work during such pay-roll
period because they were ill or on vacation or in the active military
BENDIX AVIATION CORPORATION 381
service or training of the United States, or temporarily laid off, but
excluding all office and clerical employees, employees of sales, ac-
counting, personnel, and industrial relations departments; superin-
tendents, and assistant superintendents, general foremen, foremen,
and assistant foremen, and all other employees acting in' a super-
visory capacity or having the right to hire or discharge; time-study
men, plant protection (which shall include' fire patrol employees),
chief engineers; and further excluding all production estimating,
and planning engineers, draftsmen, detailers, chemists, metallurgists,
timekeepers, cooperative students, professional employees, who are
receiving training, and kitchen and cafeteria employees, and em-
ployees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by International
Union, United Automobile, Aircraft & Agricultural Implement
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, for the purposes of collective bargaining.
0
In the Matter of BENDI% AVIATION CORPORATION, WAYNE DIVISION and
'INTERNATIONAL UNION,,UNITED AUTOMOBILE, AIRCRAFT & AGRICIIL.
TURAL IMPLEMENT WORKERS OF AMERICA, C. I. O. f
Case No. R-3665
CERTIFICATION OF REPRESENTATIVES
May 11, 1943
On April 9, 1942, the National Labor Relations- Board, . herein
called ,the Board, issued a Decision and Direction of Election' --iii
the above-entitled proceeding.' Pursuant to the Direction of Elec-
tion, an election by secret ballot was conducted on April 24, -1942,
under the direction and supervision of the Regional Director for the
Seventh Region (Detroit, Michigan). On April 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 an Election
Report. No objections to the conduct of the ballot or to the Election
Report have been filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total on eligibility list____________________________________ 1, 704
Total ballots cast________________________________________ 1,608
Total ballots challenged__________________________________ 3
Total blank ballots____________________________________'__ 2
Total void ballots________________________________________ 7
Total valid votes counted________________________________ 1,596
Votes cast for International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America,
affiliated with the C. I. 0___________------------------------------ 1,227
Votes cast against International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America,
affiliated with the C . I. 0______________________________ 369
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
140 N. L. R. B. 376
40 N L. R. B., No 61a.
382
BENDIX AVIATION CORPORATION 383
IT IS HEREBY CERTIFIED that International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America, affili-
ated with the Congress of Industrial Organizations, has been desig-
nated and selected by a majority of all production and maintenance
employees of Bendix Aviation Corporation, Wayne Division, Wayne,
Michigan, including indentured apprentices, group leaders, inspec-
tors, receiving and shipping employees, powerhouse employees, tool-
room employees, and crib attendants, truckers, stock-chasers, stock-
men, and all other storeroom and stockroom employees; and exclud-
ing all office and clerical employees, employees of sales, accounting,
personnel, and industrial relations departments; superintendents, and
assistant superintendents, general foremen, foremen, and assistant
foremen, and all other employees acting in a supervisory capacity or
having the right to hire or discharge ; time-study men, plant protec-
tion (which shall include fire patrol employees), chief engineers; and
further excluding all production estimating, and planning engineers,
draftsmen, detailers, chemists, metallurgists, timekeepers, cooperative
students,, professional employees, who are receiving training, and
kitchen and cafeteria employees, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9,(a)
of the Act, International Union, United Automobile, Aircraft & Agri-
cultural Implement Workers of America, affiliated with the Congress
of Industrial Organizations, 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.