Fairchild Aviation Corp.

National Labor Relations Board - Board Decisions

Aug 28, 1942

43 N.L.R.B. 763 (N.L.R.B. 1942)

In the Matter of FAIRCHILD AVIATION CORPORATION and UNITED ELEO•
TRICAL, RADIO, AND MACHINE WORKERS OF AMERICA, C. I. O.
Case No. B-41184.-Decided August 08, 1942
Jurisdiction : aviation, equipmentmanufacturing,industry.
Investigation and Certification of Representatives : existence of question : stipu-
lation as to ; election necessary.
Unit Appropriate for Collective Bargaining : all elevator operators, porters,
maintenance help, and foremen's clerks ; stipulation as to.
Mrs. Elinore M. I3errick, for the Board.
Mr. Frank Scheiner, of New York City, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 1217, United Electrical, Radio,
and Machine Workers of America, C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Fairchild Aviation Corporation,
Jamaica, Long Island, New York, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice.
On August 13, 1942, before a hearing was held, the C'onipany, the
Union, and the Regional Director for the Second Region (New York.
City) entered into a stipulation containing an agreed statement of
facts and expressly waiving the-holding of a hearing.by the Board.
The Board hereby approves the stipulation.
Upon the entire record in the case, the Board makes, the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Fairchild Aviation Corporation has its principal place of business
at Jamaica, Long Island, New, York, where . it 4s, engaged in the
manufacture, sale, and distribution of aerial cameras, camera machine
43 N L R. B., No. 121.
763
764 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD
guns, and various aviation precision -instruments. During 1941 the
Company purchased raw materials valued in excess of $2,000,000,
over 50 percent of which was shipped to it from outside the State
of New York. During the same period, the Company shipped finished
products valued in excess of $10,000,000, approximately 90 percent of
which was shipped outside the State of New York. The Company
admits that it is engaged in-commerce' within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 1217, United Electrical, Radio and Machine Workers of
America, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees at the
Jamaica., Long Island, plant of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive repre-
sentative of certain of its employees until such time as the Union is
certified by the Board. The Union and the Company stipulated that
a question affecting commerce had arisen concerning the representa-
tion of employees of the Company. ,
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 accordance with a stipulation of the parties, that all
elevator operators, porters, maintenance help, and foremen's clerks
of the Jamaica, Long Island, plant of the Company, 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 who were employed during the pay-
roll period ending August 2, 1942,1 subject to the limitations and
additions set forth in the Direction of Election herein.
' The parties stipulated the use of the August 2, 1042, pay roll to determine eligibility
FAIRCHILD AVIATION ,C'ORPORATIOfN 765
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 Rela-
tions Act, 49 Stat. 449, 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 to ascertain representa-
tives for the purposes of collective bargaining with Fairchild Avia-
tion Corporation, Jamaica, 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 supervision of the Regional Director for the Second Region,
acting in this matter as agent for the National Labor Relations Board
and subject to Article III, Section 9, 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 ending August
2, 1942, including employees who did not work during such pay-roll
period because they were ill or on vacation or in the active military
service or training of the United States, or temporarily laid off, but
excluding employees who have since quit or been discharged for
cause, to determine whether or not they desire to.be represented by
Local 1217, United Electrical, Radio, and Machine Workers of
America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.