Edo Aircraft Corp.

National Labor Relations Board - Board Decisions

Feb 13, 1947

72 N.L.R.B. 574 (N.L.R.B. 1947)

In the Matter of EDO AIRCRAFT CORPORATION, EMPLOYER and INTER-
NATIONAL ASSOCIATION OF MACHINISTS , PETITIONER
Case No. 2-R-7087.-Decided February 13, 19417
Debevoise , Plimpton and Page, by 111r. William. Everdell, of New
York City , for the Employer.
Messrs. Robert A. Reber and Frank Carney, of New York City, for
the Petitioner.
Miss Eleanor Scitwartzbach , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at New
York City, on December 3, 1946, before Jerome I. Macht, hearing
officer.' The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. The Employer, at
the hearing and in its brief, moved to dismiss the petition. For reasons
stated below, the motion is hereby denied.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TILE EMPLOYER
Edo Aircraft Corporation is a New York corporation having its
principal place of business at College Point, Long Island, where it
is engaged in the manufacture of aircraft and aircraft parts. During
the past year, the Employer purchased raw materials valued at more
than '$1,000,000, of which approximately 90 percent was shipped to
its plant from points outside the State of New York. During the
' United Automobile Workers, Local 365, served with notice of hearing, did not appear
at the hearing
2 On December 17, 1946, the Board issued a rule to show cause why a motion for cor-
rection of the record, made by the Employer on December 11, 1946, should not be granted.
No objection having been made by the Petitioner, the motion of the Employer is granted.
It is hereby ordered that the record be, and the same hereby is, corrected in accordance
with the Employer's motion.
72 N. L. R. B., No. 110.
574
EDO AIRCRAFT CORPORATION 575
same period, the Employer sold finished products, valued in excess
of $1,000,000, approximately 15 percent of which was shipped to
customers outside the State of New York.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization claiming to represent em-
ployees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer.
On February 20, 1946, the Board conducted an election in a prior
representation proceeding' among the Employer's production and
maintenance employees. The Petitioner lost the election, and there-
after withdrew its petition. The number of employees at the plant
decreased. On September 23, 1946, the Petitioner filed the petition in
the instant proceedings. The Employer moves to dismiss the petition
on the ground that too short a period of time has elapsed since the
former election. As noted above, the motion is denied.
Almost a year has elapsed since the previous election. Seven months
elapsed between the election and the filing of the instant petition. The
administrative report of our Field Examiner concerning the Peti-
tioner's showing of interest among the employees concerned indicates
that the Petitioner by recently dated authorization cards has satisfied
our requirements of prima facie showing of representation to justify
an election. Considering the lapse of time between the prior election
and our decision herein, the smaller number of employees in the ap-
propriate unit, and the showing of current interest submitted by the
Petitioner, Ave are persuaded that the policies of the Act will best be
effectuated by directing another election at this time."
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
4 Matter of Edo Aircraft Corporation, 65 N L R B 837.
4 One of the grounds asserted by the Employer for dismissing the petition was that no
evidence was introduced at the healing to show that the Petitioner represents a substantial
number of employees in the appiolniate unit we find no merit in this contention Matter
of 0 D Jennings cC Company, 68 N L R B 516 , Matter of Nash Motors Division of Nash-
Kelvinator Sales Corporation (Philadelphia Zone), 68 N L R B 651 , Matter of Midland
National Bank of Minneapoli s, 68 N I. R B 580
5 Matter of American Pad and Tactile Company, 68 N. L R B 572 , Matter of Conti-
n ental Clay Products Company, 65 N L R B 168 , Matter of Hoffman Radio Corporation,
72 N L R B 177 , Matter of J S Detwrle,, et at, 72 N L R B 308.
731242-47-vol. 72 38
.576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
production and maintenance employees at the Employer's plants at
1310 111 Street, and 1311 131 Street, College Point, Lou- Island,
New York, including leachnen, but excluding office, clerical, technical,
and engineering employees, cafeteria workers, shop clerks, timekeep-
ers, watchmen, guards, and plant-protection employees, foremen, as-
sistant foremen, group foremen, 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.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Edo Aircraft Corporation,
College Point, Long Island, New York, 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 super-
Vision of the Regional Director for the Second Region, acting ni this
matter as agent for the National Labor Relations Board, and subject
to Sections 203.55 and 203.56, of National Labor Relations Board
Rules and Regulations-Series 4, among the employes 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 dhcl not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States who pre-
sent 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 deterniine
whether or not they desire to be represented by International Associa -
tion of Machinists, for the purposes of collective bargaining.
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