Consolidated Vultee Aircraft Corp.

National Labor Relations Board - Board Decisions

Dec 28, 1944

59 N.L.R.B. 1276 (N.L.R.B. 1944)

In the Matter Of CONSOLIDATED VIrLTEE AIRCRAFT CORPORATION and
INTERNATIONAL ASSOCIATION OF MACHINISTS, PALM CITY LODGE
#745, A. F. of L.
Case No. 10-R-1339.-Decided December 08, 19414
Messrs. Loftin, Anderson, Scott, McCarthy & Preston, by Messrs.
Alfred L. McCarthy and R. H. Biron, of Miami, Fla., for the Com-
pany. -
Messrs. H. C. Swrnmers, Howard S. Davis, and E. 0. Kimpton, of
Miami, Fla;, for the Union.
Mr._$amucel G. Hamilton, of eounsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition, duly filed by International Association of Ma-
chinists, Palm City Lodge #745, A. F. of L., herein called the Union,
alleging bat a question affecting commerce had -arisen concerning
the representation of employees of-Consolidated Vultee Aircraft Cor-
poration, Miami Springs, Florida, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Paul S. Kuelthau, Trial Examiner. Said'
hearing was held at Miami, Florida, on November 22, 1944. The
Company and the Union appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-ex-
amine witnesses, and to introduce evidence bearing on the issues. The
Trial Examiner's rulings made at the hearing are free from prejudi-
cial error and are hereby affirmed. On December 5 and 6, 1944, re-
spectively, the Company and the Union filed briefs, 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
Consolidated Vultee Aircraft Corporation, a Delaware corporation,
operates a plant at Miami Springs, Florida, at which it is engaged in
59 N. R. L. B., No. 232.
1276
CONSOLIDATED VULTEE. AIRCRAFT CORPORATION 1277
the manufacture and assembly of aircraft parts. Annually, the
Miami Springs plant uses raw materials valued in excess of $100,000,
95 percent of which is shipped to the plant from points outside the
State of Florida. The Miami Springs plant ships annually to points
outside the State of Florida all of its products, which are valued in ex-
cess of $500,000.
The Company does not deny, and we find, that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, Palm City Lodge #745,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.1
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of•the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit composed of all nurses employed by the
Company at its Miami Springs, Florida, plant, excluding supervisory
personnel. However, the Company contends that nurses are compa-
rable to supervisory employees because they exercise in behalf of man-
agement similar discretion and independent judgement, and conse-
quently "are not entitled to bargaining rights under the Wagner Act."
It also asserts- that the-Union, currently. representing the, production
and maintenance employees at the Company's Miami Springs, Florida,
plant, may not properly represent the nurses as well, for the reason
that the Union "will be in a position to exert influence upon the nurses
which may interfere with their exercise of independent judgment and
discretion in their dealings with other employees" of the Company.
In addition, it argues_ that,, nurses may be compelled by the Union
1 The Field Examiner reported that the Union submitted four authorization cards ; that
the names of four persons appearing on the cards were listed on the Company 's pay roll of
October 28 , 1944 ; that the cards were dated "October- 1944" ; and that there were six
employees in the alleged appropriate unit.
1278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to strike with other employees of the Company and consequently their
allegiance to the Union would be inimical to a purported code of ethics
requiring that they "take orders only" from the doctor or the patient.
If overruled in these contentions, the Company urges that, in any
event, the visiting nurse should be excluded, inasmuch as she has no
community of interest with the other nurses concerned.
All nurses are registered and work under the plant doctor.2 Three,
known as first-aid nurses, are stationed in the plant's first-aid room.
There, they administer to employees suffering from industrial injuries
and minor ailments. They may determine whether or not employees
are physically capable of working and, in cases of serious industrial
injury, may send,employees home directly. In instances of industrial
injury, employees are paid for time not worked.. Two other nurses,
are engaged in the plant doctor's office where all preemployment physi-
cal examinations are conducted and where all cases are referred which
require more than first aid, or redressing which the doctor himself
desires to control. These two nurses assist the doctor and give such
treatment as he may prescribe: They also act as first-aid nurses in
the latter's absence and when emergencies arise., The visiting nurse
treats employees at their homes, administering to them in accordance
with the plant doctor's instructions in cases of industrial injury, and
pursuant to the orders of personal physicians in instances of other
illnesses. While she may, in her reports to the plant doctor, indicate
whether or not an employee is ill, she makes no recommendation, as
such, in that connection, and renders no decision to that effect. She is
paid a salary, whereas the nurses in the plant are paid on an hourly
basis. She earns less than the first-aid nurses and more than the
nurses working in the doctor's office. She works on a different hourly
schedule than do the other nurses. She has no supervisory authority
over the other nurses and exercises functions requiring essentially the
same training, skill, and experience.
The functions of all nurses, exercised largely in a subordinate role,
involve treatment of injuries received by employees in, the course of
employment or minor ailments from which they suffer. Relating
solely to the health of employees, such functions are obviously not
managerial or supervisory in character.3 Nor do we believe that there
is any necessary conflict between self-organization and the faithful
performance of duty. Therefore, in our opinion, the Union may
properly represent the nurses.4 Undoubtedly, the nurses' code of
ethics prescribes a course of conduct having as-its goal the healing of
,the sick. , Inasmuch as the nurses involved herein administer solely
2 On Sundays the plant doctor is not present.
8 See Matter of Consolidated Vultee Aircraft Corporation, 56 N. L. R. B. 1785.
4 See Matter of Consolidated Vultee Aircraft Corporation, supra.
CONSOLIDATED VULTEE AIRCRAFT CORPORATION 1279
to the Company's other employees, it would appear that this code
redounds to • the latter's benefit. Thus, to assume in the instant pro-
ceeding.that the Union, apparently composed in large measure of the
Company's production and maintenance employees, will insist upon
the nurses' adherence to it in such manner as to cause them to violate-
their code of ethics, is to presuppose that all employees of the Com-
pany who are not nurses and who are members of the Union will act
against their own interests. Accordingly, we find no merit to the
Company's contention relating to the nurses' code of ethics. Further-.
more, it is clear that the visiting nurse, contrary to the Company's
assertion, has a community of interest with the other nurses.
Consequently, we find that all nurses in the employ of the Company
at its Miami Springs, Florida, plant, including the visiting nurse, but
excluding supervisors in the medical department and all other super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation, which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed 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.
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 9, of National Labor
Relations Board Rule's and Regulations-Series 3, as amended, it is
hereby I
DIRECTED that, as part of the investigation to ascertain-represent-
atives for the purposes of collective bargaining with Consolidated
Vultee Aircraft Corporation, Miami Springs, Florida, 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 Tenth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among -the employees fin the unit found appropriate in Section
IV„above, who were employed during the pay-roll period immediately
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1280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
preceding the date of this Direction, including employees who did
not work during the said pay-roll period because they were ill or on
vacation or temporarily laid off,-and iiiclbding employees in-the