Consolidated Vultee Aircraft Corp.

National Labor Relations Board - Board DecisionsDec 28, 1943

54 N.L.R.B. 103 (N.L.R.B. 1943)

In the Matter of CONSOLIDATED VuLTEE AIRCRAFT CORPORATION (SAN DIEGO DIVISION) and AERONAUTICAL INDUSTRIAL DISTRICT LODGE 1125, INTERNATIONAL ASSOCIATION OF MACHINISTS Case No. 01-R-2095.-Decided December 28, 1943 Pruitt, Hale and Coursen, of New York City, by Messrs. Harris G. Nelson and Frederick C. Bryan, of San Diego, Calif., for the Company. Messrs. K. G. Phillips and L. R. Poesnecker, of San Diego, Calif., for the Union. Mr. William R. Cameron, of counsel to the Board.. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon amended petition duly filed by Aeronautical Industrial Dis- trict Lodge 1125, International Association of Machinists, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Consolidated Vultee Aircraft Corporation (San Diego Division), San Diego, Cal- ifornia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Charles M. Ryan, Trial Examiner. Said hearing was held at San Diego, California, on October 26, 27, 28, and 29, 1943. The Com- pany and the Union appeared, participated, and were afforded full opportunity to be heard; to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues. At the hearing the Company moved the dismissal of the petition upon the grounds that the unit requested by the Union is inappropriate and that the Union had failed to establish the existence of a question affecting commerce concerning representation. For reasons appearing here- inafter the motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with- the Board. 54 N. L. R. B., No. 22. 103 104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY _ Consolidated Vultee Aircraft Corporation, a Delaware corpora- tion, has its main office and plant at San Diego, California, where it is engaged in the design, manufacture, development, and sale of air- craft, aircraft parts and accessories, and in the operation of aircraft for the United States Government. The Company operates 11 divi- sions located in various States of the United States. We are here concerned with its San Diego, California, Division. During the period of 10 months beginning December 1, 1942, the Company pur- chased materials, supplies, and equipment amounting in value to more than $100,000,000, of which more than 50 percent was obtained from points outside the State of California. During the same period the Company sold products amounting in value to more than $200,000,000. At the present time the Company is engaged exclu- sively in the manufacture of military aircraft and its sales are made to the United States Government. We find that the Company is en- gaged in commerce within the meaning of the National Labor Re- ]ations,Act. II. THE ORGANIZATION INVOLVED Aeronautical Industrial District Lodge 1125, International Asso- ciation of Machinists, is a labor organization affiliated with the Amer- ican Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 3,1943, the Union demanded that the Company recognize it as the collective bargaining representative of the Company's salaried employees. The Company denied this request, and refuses to recognize the Union as such representative. A statement of the Field Examiner introduced in evidence at the hearing indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate? 'The Field Examiner's statement shows that the Union had submitted authorization cards, the majority being dated from January through October 1943, bearing the apparently genuine original signatures of approximately 35 percent of the Company's employees in the appropriate unit as of September 8, 1943. The Company introduced in evidence at the hearing a list of the names of all employees on its current flat-salaried pay roll, and moved that the Board cross-check the Unibn's authorization cards against such list. The Company contended that such cross-check would show that the Union had received very few designations by employees on the flat- CONSOLIDATED VULTEE AIRCRAFT CORPORATION 105 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 comprising all salaried employees 2 in the San Diego Division, including stenographers and clerical employees at Camp Consair,3 but excluding fire fighters, guards, and supervisory employees.4 The Company contends that the unit sought by the Union is inappropriate in that, inter alia, it is a heterogeneous group having no mutuality of interest. In the alternative, the Company contends that, if an election is directed among employees in the unit herein sought, the exclusions therefrom should be much broader than those conceded by the Union.-5 It was agreed by the Union and the Company that the employee classifications which are listed in Appendix A, attached hereto, and the entire labor relations section of the industrial relations depart- salaried list and that therefore all employees on that list should be excluded from any unit found to be appropriate . The Trial Examiner overruled the motion. The record discloses that the Company maintains three pay rolls of employees paid on a salary rather than an hourly basis . Of these, the executive pay roll includes only the higher executives of the Company and was considered at the hearing The flat-salaried pay roll comprises executive, administrative , supervisory , and professional employees the nature of whose work excludes them from the payment of overtime under provisions of the Fair Labor Standards Act. All other salaried employees are included in the biweekly pay roll. The flat-salaried list introduced in evidence includes the names of employees in a number of classifications agreed to be properly excluded , as well as some of the classifica- tions sought by the Union to be included. It was conceded that the list of employees previously submitted , and used by the Field Examiner in making his check of the authori- zation cards above set forth, was a composite list of both the flat-salaried and biweekly pay rolls and intended to cover only the employees within the unit claimed by the Union to be appropriate . In view of the foregoing we find no error in the ruling of the Trial Examiner ; it is hereby affirmed. 8 The Union here, in effect , is seeking a unit of technical and clerical employees. The Union is the present collective bargaining representative of the Company ' s employees in a unit consisting of "the hourly rated employees of the Company, excluding timekeepers and superintendent's clerks " See Matter of Consolidated Aircraft Corporation, 7 N. L. R. B. 1061, and 8 N L. R. B. 205. Although timekeepers were thus excluded from the hourly rated unit , the record herein discloses that they are hourly paid employees whom the Union subsequently represented in negotiations with the Company, and that they are included in the contract for the hourly rated employees which is now in effect. 3 On December 8, 1942, the Board directed an election among "all employees of the Com- pany located at Camp Consair, including administrative assistants, but excluding super- visory employees with the authority to hire and discharge , stenographers and clerical employees ." Matter of Consolidated Aircraft Corporation , 45 N. L. R. B. 1155. On Jan- uary 19, 1943, the Union was certified by the Board as the collective bargaining repre- sentative of the afore-mentioned employees. The Union is here seeking a unit composed of employees within the San Diego Division, as distinguished from those in the Company' s general offices which are also located at San Diego Included within the San Diego Division are employees in 10 "feeder shops" and a warehouse , which are located in various small communities in southern California. These feeder shops are the following, Santa Ana Feeder Shops and warehouse ; Laguna Beach Feeder Shop ; Anaheim Feeder Shop ; Banning Feeder Shop ; Coronado Feeder Shop ; Hunt- ington Beach Feeder Shop; Pasadena Feeder Shop; and Placentia Feeder Shop 6 The Company, at the hearing, also contended that all employees on its flat-salaried pay roll should he excluded . See footnote 1, supra. 106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ment,6 should be excluded. Inasmuch as the record indicates, in each instance, that these employees are either confidential employees, in that they have access to information pertaining to labor relations, or possess supervisory authority within the meaning of our customary definition,' we shall' exclude the, employees listed in Appendix A and the labor relations section of the industrial relations department. At the' hearing the Union stated its contention specifically to be that all employee classifications on the flat-salaried or biweekly pay rolls, other than those which it was stipulated should be excluded, should be included within the unit. The Company stated that in addition to the employee classifications whose exclusion was agreed to by the Union, it is contending for the exclusion of all classifications concerning which evidence was introduced at the hearing. The Com- pany's contentions are, in each instance, based upon its claim that the employees involved bear a confidential relationship to management and, with respect to certain classifications, that such employees are also supervisory. We shall discuss the disputed employee classifica- tions below : Employees whose exclusion is requested by reason of their alleged confidential relationship to management and their alleged super- visory status Staff assistants. It was agreed by the parties that the majority of the staff assistants throughout the various departments should be excluded . Among those concerning whom the parties disagree are two staff assistants , to the chief and assistant chief, respectively, of the subcontracting department . The record discloses that they possess authority to hire and discharge . There is also a staff assistant to the spares control supervisor , in the production control department, who acts as a special assistant to such supervisor with respect to specific problems or projects . In the material department , a staff assistant, reporting directly to the general foreman in charge of the production stores, investigates complaints relating to non-delivery of material, makes recommendations regarding the reassignment of work, and in The record indicates that the industrial relations department is composed of the fol- lowing sections : employment, employee service, industrial training, labor relations, medical, plant defense, safety, and wage and salary administration. "Also listed in Appendix A are the field expediters in the traffic department, and the out- side liaison men in the product engineering department, whom the parties agree should be excluded because the nature of their work requires them to be absent from the plant 50 per- cent or more of their time. Also listed among those excluded by agreement are a confi- dential clerk and two stenographers, in the'office management department, who are em- ployed by Defense Plants Corporation, and a messenger in the same department who is em- ployed by the United States Army. These persons, although not employees of the Company, nevertheless appear on the Company's pay rolls because of an agreement whereby they receive pay from the Company. The Company is later reimbursed for the amounts so ad- vanced. We find that the foregoing employees are properly excluded from the appropriate unit herein. CONSOLIDATED VULTEE AIRCRAFT CORPORATION 107 the absence of the general foreman is charged with some of the latter's responsibilities. He receives a salary comparable to that of a super- visor. In view of their supervisory authority and managerial func- tions we shall exclude the afore-mentioned staff assistants from the unit. Foremen, assistant foremen, supervisors, and assistant supervisors. The parties have agreed to exclude these classifications in the majority of the departments in which they appear. The Union would include certain ones. However, it appears that in all departments the classi- fications in question have the primary duty of supervision of other employees and possess authority either to hire and discharge or ef- fectively recommend such action. The record reveals that foremen and supervisors are comparable in their duties and authority, the title of foremen being applicable to a classification in the shop, and the title of supervisor to a classification in the office. A similar com- parison applies to the titles of assistant foreman and assistant super- visor. We find that foremen, assistant foremen, supervisors and assistant supervisors, are supervisory employees within the meaning of our customary definition; we shall therefore exclude them. Coordinators; assistant coordinators. These employees are em- ployed in several of the departments of the Company and have as their duty the functional coordination of the various divisions, de- partments, or sections of departments. Some of the coordinators and assistant coordinators regularly, and others on occasion, super- vise the work of other coordinators, or of other employees in lower classifications, and in such instances, possess the right to hire and discharge or to make effective recommendations in regard thereto. In all departments they are engaged in special assignments involving coordination, and report directly to the section or department heads. Their salary and grades are similar to that of general foremen, fore- men, and supervisors. We find that the coordinators and assistant coordinators have managerial and supervisory functions; we shall exclude them.,' Buyers. These employees, of whom there are 8 in the subcontracting department and 15 in the material department, contact vendors and purchase parts, equipment, raw materials, and supplies. They super- vise from 3 to 11 employees, are paid a salary comparable to that of foremen, and possess the power either to hire and discharge, or to effectively recommend changes in the status of employees under their supervision. We shall exclude the buyers. Material release men. There are eight of these employees in the subcontracting department, each of whom supervises a group of de- 'As noted in Appendix A, the Union agreed to exclude material coordinators in the sub- contracting department whose duties were comparable to those of coordinators in other sections and departments. 108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD partmental clerks or material control clerks in the listing and requisi- tioning of raw material required in the production of subcontracted items. The record discloses that they possess authority to hire and discharge. We shall accordingly exclude material release men. Chief clerks. This classification of employee is found in the major ity of the departments of the Company. Their duties consist prin- cipally of the supervision of clerical groups. The record indicates that chief clerks in some departments have power to hire and dis- charge and that in others they may make effective recommendations. They also participate in the making of efficiency ratings of employees under their supervision. We shall exclude chief clerks. Schedulers. One employee classified as a "Scheduler A" works under the supervision of the statistical coordinator in the subcon- tracting department, and in.turn supervises two departmental clerks. He schedules the subcontractor's production and coordinates it with the shop schedules in order to insure the proper timing of delivery of subcontracted units. The record discloses that he has authority to recommend the hiring or discharging of the clerks working under him. We find that he is a supervisory employee within the meaning of our customary definition; we shall therefore exclude the scheduler in the subcontracting department. There are, however, in the production control department 8, em- ployees classified as "Scheduler A" and 11 as "Scheduler B." In the traffic department there is 1 employee in each of these classifications under the supervision of a supervisor and his assistant. The differ- ence between the two classifications relates to the degree of experience and difficulty of the work performed. The record discloses that although the schedulers of "A"' classification review the work of those classified as "B" in the production control department, discipline is in the hands of a supervisor or his assistant. Although the schedulers possess knowledge of production schedules of a confidential nature, it does not appear that any of such information pertains to labor rela- tions. We find them to be neither supervisory nor confidential. We shall include the schedulers in the production control and traffic de- partments. Counselors and matrons. The counselors are female employees, of _whom there are approximately 20, assigned to the factory supervision department, and 2 in the experimental department. Their duties are to handle personal problems and employee grievances of women em- ployees, advise and assist such employees, and make recommendations, including that of discharge, to the Company's foreman and other supervisors. Inasmuch as they are directly involved in the adminis- tration of labor relations and can affect the status of women employees throughout the plant, we find that they are confidential employees, having supervisory functions; we shall therefore exclude them. CONSOLIDATED VULTEE AIRCRAFT CORPORATION 109 There are one or two employees classified as matrons in the product engineering department, whose duties and responsibilities are similar to those of the counselors above discussed.9 We shall therefore also exclude the matrons. Production planners. There are approximately 78 of these em- ployees in the production control department, 73 in the tooling department, and 2 in the experimental department. They plan and establish the sequence of fabricating operations, and prepare and issue work orders. They are classified into grades A, B, and C, and are under supervisors and assistant supervisors. In the production con- trol department there are at present none of A classification. The C's are separated into groups, each group having associated with it one or more of the B's who review the work of the C's. The B's do not, however, possess disciplinary authority, and while they might make recommendations to the assistant supervisor concerning dis- charge of the C's with whom they work, the record indicates that such recommendation would not be given consideration apart from an independent investigation in relation thereto. The production planners in the tooling and experimental departments have no one working directly under them. The information possessed by produc- tion planners, although confidential in the sense of constituting trade secrets, nevertheless does not pertain to employee-management rela- tions. In view of all the circumstances, we are of the opinion that the production planners are neither confidential nor supervisory em- ployees ; we shall include them in the unit.l9 Design engineers. Four design engineers are employed in the plant engineering department and eight or more in the product engineering department. In the former department, their duties are to survey, design, and supervise construction, alterations, or maintenance of the Company's buildings and equipment. In the latter department, they originate designs and revisions of aircraft and aircraft parts. In addition to doing the actual work, the design engineers sometimes lay out work and supervise the work of certain mechanical, electrical, or construction engineers. They possess the authority to make recom- mendations concerning hiring or discharging, and they make efficiency ratings for employees working under them. While these employees are confidential in the sense only of possessing technical information which is restricted by the Company or by the Government, in view of their supervisory authority, we shall exclude them. O The parties agreed that 18 matrons in the plant engineering department, exercising supervision over 70 or more maids who take care of the women's rest rooms, should be excluded . See Appendix A herein. 30 In general the production planners appear to have duties in the above-mentioned de- partment; of a nature comparable to those of engineering planners in the product engi- neering department, hereinafter included. See Appendix A. 110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Industrial engineers. Approximately 12 such employees are em- ployed in the industrial engineering department. They constitute a highly trained and experienced technical classification having a broad range of duties consisting basically of the analysis of factory methods, organization, and manufacturing procedure, and the recom- mendation of improvement therein., They analyze time and motion studies, establish standard practices, and issue instructions for the installation and .follow-up of improvements. When working upon certain assignments they may be assisted by other technicians of lower grade, such as methods analysts. The record indicates that the industrial engineers can effectively recommend the change of status of employees working under them. In view of the foregoing we are of the opinion that the industrial engineers are supervisory em- ployees who also enjoy a confidential status closely aligned with management. We shall exclude industrial engineers " Methods analysts. These, and the time-study men, hereinafter dis- cussed, are successively lower grades of employees in the industrial engineering department, having to a less degree the same type of functions as the industrial engineers, to which classification they may progress. They perform research, make analyses, and make recom- mendations concerning the Company's operating procedures. They are required to possess technical training and to have had methods and time-study experience. While the record does not indicate that they have any authority to discharge, discipline, or make recommen- dations affecting the status of other employees, or that they are in any way concerned with collective bargaining or grievance procedure, since their functions are similar to those of the industrial engineers, they nevertheless enjoy a confidential relationship to management. We shall exclude them from the appropriate unit. Time-study men. These employees conduct time and motion studies, make analyses, and prepare statistical data for industrial and engi- neering purposes. They set the standards that are used in efficiency ratings, but do not participate in the rating of any individual em- ployee. Their work is similar in its nature to that of the methods analysts above discussed, to which positions they may advance, and from which, as stated above, they may progress to positions as indus- trial engineers. These classifications we have excluded. For similar reasons we shall exclude the time-study men. Spare parts analysts. Approximately six of these employees in the. contract department, are engaged in determining the probable needs for spare parts in order that the proper parts may be offered to the purchasers of airplanes to repair and maintain them. They work 11 See Matter of Oliver Farm Equipment Company, 53 N L. R B 1078; Matter of Westinghouse Electric & Manufacturing Company, 45 N. L. R. B . 826; Matter of Gar Wood Industries, Inc., 41 N. L. R . B. 1156. CONSOLIDATED VULTEE AIRCRAFT CORPORATION 111 under the supervisor of the section and supervise the work of parts listers. They have authority to recommend hiring and discharging, and their position is comparable to that of assistant to the supervisor. We find that the spare parts analysts possess supervisory authority within the meaning of our customary definition. We shall accordingly exclude them. Group engineers, assistant group engineers. There are 20 or more group engineers, and a few assistant group engineers, in the product engineering department. Each has charge of a group of from 5 to 30 in- design and drafting. They spend all or the majority of their time in supervision. They have the privilege of requesting employ- ment in their department of men whom they believe to be suitable for the work. They have authority to recommend discharge, and such recommendation is usually accepted. They also make final efficiency ratings of employees under their supervision. The record clearly indicates that they are supervisory employees such as we customarily exclude from the unit. We shall exclude the group engineers and assistant group engineers. Employees whose exclusion is requested solely by reason of their alleged confidential relationship Administrative assistants. The Union and the Company agree that administrative assistants in several of the departments should be excluded.12 There are, however, two employees in this classification in the production control department, one in plant engineering, two in product engineering, and two in the material department, whose proposed inclusion within the unit is in dispute. In the production control department, one of these employees is assistant to the staff assistant for personnel at Plant 1. He has substituted for the staff assistant in wage reviews. The other is assistant to the special assist- ant for spares control at Plant 2, and is in general charge of the tabu- lating set-up at that plant. The administrative assistant in the plant engineering department is over the three assistant plant engineers and is second only to the plant engineer in all functions. Those in product engineering assist the administrative supervisor in all matters per- taining to personnel records. In the material department, one is asso- ciated directly with the chief of material, who heads the department, and the other assists the superintendent of the purchased parts and production stores section. Although the majority of the aforegoing administrative assistants serve as assistants to supervisory employees of less degree than those served by administrative assistants whom the Union concedes should be excluded, the record indicates that in gen- 12 I. e. In the factory supervision, traffic, and contract departments. See Appendix A herein. 112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD eral there is no difference in the nature of their duties.13 While the administrative assistants above discussed do not generally possess supervisory authority within our customary definition, or participate directly in matters pertaining to labor relations, the record indicates that they represent, and in some instances substitute for, the super- visors, staff assistants, or other managerial employees for whom they work, and apparently have access to all information relating to mat- ters within the proVince of such supervisory employees. We find that administrative assistants are closely allied to management and we shall, therefore, exclude them from the unit. Personnel assistants. One personnel assistant of grade "B" is em- ployed in the product engineering department where he acts as helper to the administrative assistant in handling the personnel records. In the industrial relations department there are two personnel assistants classified as "A" in grade, and two as "B." One of the former has charge of all company-sponsored employee athletic activities; the two assistants in grade "B" are in the employee service section under the supervisor of rationing, transportation, and housing, and handle gaso- line rationing of employees. The record indicates that it is, in general, the duty of personnel assistants to interpret and apply company per- sonnel policies and assist in their administration. Inasmuch as the personnel assistants are confidential employees, in that they have access to information relating to the Company's personnel policies and represent the Company in its employee relations, we shall exclude the personnel assistants. Secretaries. In addition to the secretaries excluded in accordance with the agreement and stipulation of the parties and listed in Appen- dix A, there are secretaries in the accounting, tooling, material, and industrial relations departments concerning whose inclusion the Union and the Company are in disagreement. These secretaries are assigned to the offices of various managers and supervisory employees. The record does not indicate that in the course of their duties these secre- taries have access to information of a sufficiently confidential nature relating to labor relations to warrant their exclusion. We shall include them in the unit, together with any other secretaries not listed in Appendix A. Confidential clerks. There are 14 employees in the factory super- vision department, 2 in production control, 2 or 3 in product engineer- ing, 3 in tooling, and 1 in the industrial relations department, who are designated as "confidential clerks." Their exact duties vary according to the departments in which they are employed, but in general they handle files and records containing information considered confidential by the Company, such as production schedules, employment and per- ss Au of the supervisory employees who are assisted by the above-mentioned administra- tive assistants are excluded pursuant to agreement of the parties . See Appendix A. CONSOLIDATED VULTEE AIRCRAFT CORPORATION 113 sonnel records, and similar matters. Those in the product engineering department compile cost records which they obtain from various groups in the department and prepare them for submission 'to the accounting department. The record does not, however, disclose that in any instance such confidential clerks handle matters pertaining specifically to problems of labor relations. We shall include confi- dential clerks within the unit. Insurance section to be added to the treasury department. The record discloses that it is contemplated by the Company to transfer to the treasury department of the San Diego Division an insurance section which is now being set up in the general insurance section of the general offices and which will handle claims in the San Diego Division of the Company. Such transfer will be made probably within 30 to 60 days from the date of the hearing herein. The section to be transferred at present consists of accounting clerks, department clerks, general clerks, file clerks, stenographers, and typists. These employees will be engaged in investigating and processing claims filed by employees under Workmen's Compensation and Group Insurance of the Company, and in issuing and delivering checks or drafts in pay- ment thereof. These employees, although they possess information of a confidential nature as regards both the Company and certain of its employees, nevertheless do not appear to have access to information relating to labor relations, as such. In view of their duties as dis- closed by the record, we are of the opinion that they are not confidential employees possessing information such as to justify their exclusion from the unit. We shall accordingly include them. Beginners or trainees in product engineering department. There are about 50 such employees who are receiving training along engi- neering lines. Before entering the Company's plant, they are sent to one of several schools or universities and receive approximately 14 weeks' training. The Company gives them additional training, after they enter the plant, during which latter period they are engaged in actual work for the Company. They are, however, maintained on the Company's pay roll from the time they enter school. The record indicates that they are classified as "Draftsmen C" during this period of training. The Union desires to include these trainees who have commenced actual work in the Company's plant. The Company would exclude all trainees. Since the trainees, upon completion of the preliminary course, engage in actual production work and become part of the Company's manufacturing process, it is apparent that they possess mutual interests with the other employees herein included. We shall accordingly include the beginners or trainees in the product 567900-44-vol. 54-9 . 114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD engineering department who are engaged in the performance of actual work in the Company's plant 14 Miscellaneous classifications. Other classifications, which the Com- pany contends should be excluded because the employees involved have access to information of a confidential nature with respect to various matters concerning the business of the Company and the United States Army and Navy, are listed in Appendix B.15 The record discloses, however, that such information does not relate directly to the problem of labor relations. We therefore find that these employees do not have a confidential status such as would justify denying them the right to participate in,collective bargaining. Accordingly, we shall include them in the unit. We find that all salaried employees of the Company in its San Diego Division, including schedulers in the production control and traffic departments, production planners, secretaries not listed in Appendix A, confidential clerks, employees in the insurance section of the treas- ury department, beginners or trainees in the product engineering de- partment who are engaged in the performance of actual work at the Company's plant, employees listed in Appendix B, and stenographers and typists at Camp Consair, but excluding employees listed in Ap- pendix A, staff assistants, foremen, assistant foremen, supervisors, as- sistant supervisors, coordinators, assistant coordinators, buyers, ma- terial release men, chief clerks, the scheduler in the subcontracting de- partment, counselors, matrons, design engineers, industrial engineers,' methods analysts, time-study men, spare parts analysts, group engi- neers, assistant group engineers, administrative assistants, personnel assistants, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 14 See Matter of The Singer Manufacturing Company, 53 N. L. R. B 1124; Matter of Bell & Howell Company, 49 N. L. R. B. 42. 15 At the hearing the Union introduced no evidence relating to the inclusion or exclusion of any specific classification of employees, its evidence in that regard being confined to cross-examination of witnesses appearing on behalf of the Company. The Company stated at the hearing that it was not its intention to introduce evidence relating to any specific classifications save those which it contended should be excluded from any unit which might be found appropriate The record indicates that the Company presented evidence concerning the majority of salaried classifications in the several departments listed. Evi- dence was not, however, introduced relative to all departments or to all classifications (i. e. shop follow-up men, department clerks, file clerks, general clerks, messengers, dupli- cating operators, parts testers, tabulating set-up men, and beginners, in the production control department) Appendix B 'does not, therefore, constitute a comprehensive list, to- gether with the classifications discussed elsewhere herein, of the Company' s salaried em- ployees included within the unit hereinafter found appropriate. CONSOLIDATED VULTEE AIRCRAFT CORPORATION 115 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 em- ployees 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 Rela- tions Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Consolidated Vultee Aircraft Corporation (San Diego Division), San Diego, Cali- fornia, 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, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and includ- ing employees in the armed forces of the United States who present - themselves in person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election, to determine whether or not they desire to be represented by Aeronautical Industrial District Lodge 1125, International Association of Machinists, affiliated with the American Federation of Labor, for the purposes of collective bargaining. APPENDIX A Factory Liaison Department : Chief of Factory Liaison Secretary to Chief of Factory Liaison Supervisors 116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Accounting Department : Controller Secretary to Controller Supervisors Assistant Supervisors Foremen Assistant Foremen Treasury Department : Division Treasurer Secretary to Division Treasurer Assistant Division Treasurer Supervisor of the Insurance Section Supervisors Subcontracting Department : Chief of Subcontracting Secretary to Chief of Subcontracting Assistant Chief of Subcontracting Chief Buyer Assistant Chief Buyer Supervisor of Engineering and Tooling Section Engineering Representatives Supervisor of Material Section Material Coordinators Supervisor of Statistical Section Chief of Field Representatives Field Expediters Chief Clerk Factory Supervision Department; Production Works Manager Administrative Assistants Factory Managers Assistant Factory Managers Factory Superintendents Assistant Factory Superintendents Superintendents Assistant Superintendents General Foremen Assistant General Foremen Foremen Assistant Foremen Salvage Director Chief of Inspection Chief Counselor Staff Assistant (Chief Clerk) Supervisors Secretaries and Confidential Secretaries to Supervisors or higher CONSOLIDATED VULTEE AIRCRAFT CORPORATION 117 Production Control Department : Production Control Superintendent Secretary to Production Control Superintendent Production Control Supervisors Chief of Production Planning and Ordering Secretary to Chief of Production Planning and Ordering Personnel Staff Assistant Secretary to Staff Assistant for Personnel Special Assistant Spares Control Secretary to Spares Control Supervisor Superintendents General Foremen Assistant General Foremen Foremen Assistant Foremen Supervisors Traffic Department: Traffic Manager Secretary to Traffic Manager Administrative Assistant General Foremen Foremen Assistant Foremen Supervisors Field Expediters Office Management Department : Office Manager Secretary to Office Manager Assistant Foreman Supervisor of the Switchboard Supervisor of the Commissary Confidential Clerk (Employee of D. P. C.) Stenographers (Employees of D. P. C.) Messenger (Employee of Army) Plant Protection Department : Chief of Plant Protection Secretary to Chief of Plant Protection Chief of Police Assistant Chief of Police Fire Chiefs Fire Captains Captains of Police Sergeants of Police Investigator Assistant Chief Investigator 118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Plant Protection Department-Continued. Stenographer to Assistant Chief Investigator Assistant Supervisor All Firemen and Guards Fire Engineers Plant Engineering Department: Plant Engineer - Secretary to Plant Engineer Assistant to Plant Engineer Assistant Plant Engineers Maintenance Superintendents Secretary to Maintenance Superintendent in Plant 2 Assistant Maintenance Superintendents Chief Construction Inspector Supervisory Construction Inspectors Office Supervisor Supervisor of Contracts and Estimating Assistant Supervisors Field Engineer Assistant Field Engineers General Foremen Foremen Assistant Foremen Matrons Industrial Engineering Department: Chief Industrial Engineer Secretary to Chief Industrial Engineer Assistant Chief Industrial Engineer Secretary to Assistant Chief Industrial Engineer Staff Assistant Supervisors . I - Assistant Supervisors Contract Department : Chief of Contracts Confidential Secretary Administrative Assistant Staff Assistant Contract Administrators Secretary to Army Contract Administrator Assistant Contract Administrators Supervisors Assistant Supervisor in Contract Termination Section Secretary to Supervisor of Master Authorization Section CONSOLIDATED VULTEE, AIRCRAFT CORPORATION 119 Product Engineering Department: Chief Division Engineer Secretary to Chief Division Engineer Assistant Chief Division Engineer Chief Design Engineer Chief Project Engineer Project Engineers Assistant Project, Engineers Chief Draftsman Chief Structures Engineer Chief Service Engineer Administrative Supervisor Staff Assistant Supervisors Outside Liaison Men Tooling Department : Chief Tool Engineer Secretary to Chief Tool Engineer Assistant Chief Tool Engineer Staff Assistants Head of Tool and Operations Planning Section Assistant Chief in Tool and Operations Planning Section General Foreman of Tool Proofing Superintendent of Tool and Die Manufacturing Superintendent of Miscellaneous Tool Manufacturing Superintendent of Jigs and Fixtures General Supervisor of Equipment Control Chief Tool Designer Head of Tool Control Section Assistant Chief in Tool Control Section General Supervisor of Tooling and Methods Assistant General Supervisor General Foremen in Tool Proofing General Foremen in Tool and Die Manufacturing General Foremen in Miscellaneous Tool Manufacturing General Foremen in Jigs and Fixtures Foremen Assistant Foremen Supervisors 'Assistant Supervisors Material Department : Chief of Material Secretary to Chief of Material Purchasing Agent 120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Material Department-Continued. Superintendent of Purchased Parts and Production Stores -Material Supervisor (Raw Materials Section) Supervisor of Commercial Material Section Material Control Supervisor General Foremen Assistant General Foremen Engineering Representative Experimental Department : Factory Manager Experimental Secretary to Factory Manager Experimental Staff Assistant General Foremen Assistant General Foremen Foremen Assistant Foremen Supervisors Industrial Relations Department: Director of Industrial Relations, Confidential Secretaries to Director of Industrial Relations Assistant Director of Industrial Relations Managers of Sections of the Department. Secretaries to Section Heads Assistant Managers of the Sections Staff Assistants in Employment Staff Assistants in Employee Service Staff Assistants in Industrial Training Medical Director of Medical Department Confidential Secretary to Head of Medical Section Staff Assistants in Medical Section Staff Surgeon Assistant Chief Surgeon Physicians Chief Nurse Assistant Chief Nurse Head Laboratory- Technician Supervisor of Plant Defense Section Chief Staff Engineer'of Safety Section Staff Engineer of Safety Section Staff Assistant in Safety Section Safety Inspector Wage and Salary Representatives All Staff Representatives of the Department Supervisors Interviewers CONSOLIDATED VULTEE AIRCRAFT CORPORATION 121 APPENDIX B Factory Liaison Department : Factory Liaison Analysts Tool Liaison Men Engineering Liaison Men Department Clerks Accounting Department : Accountants Accounting Clerks Key Punch Verifiers Key Punch Operators Tabulating Set-Up Man Tabulating Operators File Clerks General Clerks Stenographers Typists Treasury Department : Accountants Accounting Clerks Department Clerks File Clerks General Clerks Bookkeeping Machine Operator Stenographers Typists Subcontracting Department: Tool Liaison Men. Engineering Liaison Men Material Analysts Procurement Follow-up Men Statisticians Department Clerks Comptometer Operators Stenographers Typists Beginner Typists Beginner Material Control Clerks Factory Supervision Department: Department Clerks Stenographers 122 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD Production Control Department: Production Engineer Technical Illustrators Key Punch Verifiers Key Punch Operators Tabulating Operators Stenographers Traffic Department : Traffic Rate Clerks Department Clerks File Clerks Stenographers Typists Beginner Typists Messenger Office Management Department : Receptionists Switchboard Operators Teletype Messengers Plant Protection Department : Department Clerks Typists Plant Engineering Department : Construction Engineers Mechanical Engineers Electrical Engineers Plumbing and Heating Engineers Construction Inspectors Estimators Draftsmen Material Control Clerk Accounting Clerk File Clerks Stenographers Industrial Engineering Department : Statistician Draftsmen Technical Illustrators Department Clerks Comptometer Operators Stenographers Contract Department : Estimators Parts Listers Department Clerks CONSOLIDATED VIILTEE AIRCRAFT CORPORATION 123 Contract Department-Continued. File Clerks General Clerks Comptometer Operators Duplicator Operators Stenographers Typists Beginner Typists Messengers Product Engineering Department: Engineering Liaison Men Engineering Planners Engineering Technicians Contract Liaison Men Material Conservation Analyst Mathematicians Process Analysts Stress Analysts Service Liaison Men Weight Analysts Standards Analysts Service Engineers Material Engineers Parts Listers Major Layout Draftsmen Engineering Draftsmen Engineering Drawings Checkers Illustration Draftsmen Technical Writers Technical Illustrators Technical Computers Blueprinters Engineering Clerks Department Clerks File Clerks General Clerks Duplicator Operators Stenographers Typists Beginners Tooling Department : Tool Engineers Process Engineers Tool Designers Tool Proofers 124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Tooling Department-Continued. Tool Planners % Procurement Follow-up Men Shop Follow-up Men Standards Analysts Material Conservation Analysts Statistician Estimators Technical Writer Technical Illustrators Draftsmen Blueprinters Department Clerks File Clerks Stenographers Typists Beginner Typists Material Department : Engineering Liaison Men Clerks (Miscellaneous) Stenographers Typists Experimental Department : Experimental Planners Tool Designers Tool Planners Beginners in Tool Design General Clerks Stenographers Industrial Relations Department: Library Attendant Special Courses Instructors Statistician Technical Writers Technical Illustrators Commercial Artist Draftsmen Laboratory Technician Department Clerks File Clerks Receptionists Switchboard Operators Stenographers Typists Beginner Typists 0