Consolidated-Vultee Aircraft Corp.

National Labor Relations Board - Board Decisions

Jul 28, 1944

57 N.L.R.B. 755 (N.L.R.B. 1944)

In the Matter of CONSOLIDATED-VULTEE AIRCRAFT CORPORATION and
AIRCRAFT INDUSTRIAL LODGE 1773, OF INTERNATIONAL ASSOCIATION OF
MACHINISTS, AFFILIATED WITH AMERICAN FEDERATION OF LABOR
Case No. -15-R-1139.-Decided July 08, 1944
Mr. Johan J.'Grealis, of Chicago, Ill., for the Company.
Messrs.' C. H. Poe and B. C. Clark, of New Orleans, La., for the
Machinists.
Mr. Jack Mantel, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a jjetition duly filed by Aircraft Industrial Lodge 1773, of
International Association of Machinists , affiliated with American
Federation of Labor, herein called the Machinists , alleging that a
question affecting commerce had arisen concerning the representation
of employees of Consohdated-Vultee Aircraft Corporation, New
Orleans, Louisiana , herein called the Company , the National Labor
Relations Board provided for an 'appropriate hearing upon due notice
before LeRoy Marceau , Trial Examiner . Said hearing was held at
New Orleans, Louisiana , on June 19, 1944. United Automobile, Air-
craft & Agricultural Implement Workers of America, affiliated with
the Congress - of Industrial Organizations , was duly served and
acknowledged receipt of the Notice of Hearing , but did not appear or
move to intervene . The Company and the Machinists appeared and
participated . All parties were afforded full opportunity to be heard,
to examine and cross -examine witnesses , and to introduce evidence
hearing on the issues . The Trial Examiner 's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded an opportunity to file briefs with the 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 is a Delaware corpora-
tion maintaining its principal office, at San Diego, California. We are
57 N. L. R. B., No. 12g.
755
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756 DECISIONS OF 'NATIONAL LABOR, RELATIONS BOARD
here concerned with the Comlany's operations at a plant in New
Orleans, Louisiana; where it is engaged in the manufacture of aircraft.
and aircraft parts. The plant is owned by Defense Plant Corpora-
tion, a governmental agency. During 1944, the Company purchased.
raw materials valued in excess of $5,000,000, approximately 90 percent
of which was shipped to its plant from points outside the State of
Louisiana. During the same period, the value of, the Company's fin-
ished products exceeded $600,000. The Company delivered the greater
portion of its finished products at the plant site to the United States
Government, and shipped other products, consisting of spare parts,
to points outside the State of Louisiana.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Aircraft Industrial Lodge 1773, of International Association of
Machinists, affiliated' with American Federation of Labor, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has, refused to grant recognition to the Machinists as
the exclusive bargaining representative of its employees until the
Machinists 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 Machinists represents a substantial number of
employees in the unit hereinafter found appropriate.,
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
We find, in substantial accordance with the agreement of the parties,
that all employees of the Company at its New Orleans.plant, engaged
in tooling, manufacturing and production of "aircraft and aircraft
parts, and all maintenance employees, including material handlers,
but excluding trainees, clerical workers,, medical section, wage ana-
lysts, job analysts, service representatives, flight personnel, plant-pro-
tection,employees, cafeteria employees, industrial relations employees,
professional and administrative personnel, product engineering de-
1 The Board agent reported that the Machinists submitted 719 cards and dues records ;
that the names of 659 persons appearing on the cards and dues records were listed on the
Company's pay roll of May 21, 1944, which contained the names of 1.938 employees in the
appropriate unit
L,
CONSOLIDATED-VULTEE AIRCRAFT CORPORATION 757
partment, inspection department, timekeepers, time checkers, private
chauffeurs, planning staff, production control dispatchers, and all
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. ,
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. The Company is now hiring new
workers at the rate of approximately 300 a month and expects to have
between 5500 and 6000 employees by January- 1945. Assuming that
the rate of employment remains constant, approximately 50 percent
of the anticipated complement of workers will be employed by about
August 1, 1944. Accordingly, we shall depart from our customary
practice in selecting a date for the purpose of eligibility, and shall
direct that the employees of the Company eligible to vote -in the
election shall be_ those who were employed during the pay-roll period
immediately subsequent to August 1,`1944, subject to the limitations
and additions set forth in the Direction.2
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 Rules and Regulations-Series 3, as amended, 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, New Orleans, Louisiana, 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 Fifteenth Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and It, of said Rules and Regu-
lations, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
subsequent to August 1, 1944, including employees who did not work
during said pay-roll period because they were ill or on vacation or
ISee Matter of Fairchild Aircraft Division of Fairchild Engine & Airplane Corporation,
50 N L R. B. 113 ; Matter of Remington Rand, Inc, Propeller Division, 50 N. L R. B.
819 ;'Matter of Avian, Inc., 51 N. L. R . B. 174.
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
temporarily laid -off, and including 'employees- in the armed forces
of the United States who,present themselves in person at the polls, but
excluding those employees who have since quit or been discharged for
cause and'have not been rehired or reinstated prior to the date of the
election, to determine whether or not- they desire to be represented
by Aircraft Industrial Lodge 1773, of International Association of
Machinists, affiliated with the American Federation of Labor, for
the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
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