G & A Aircraft, Inc.

National Labor Relations Board - Board Decisions

Nov 25, 1946

71 N.L.R.B. 767 (N.L.R.B. 1946)

In the Matter of G&-, A AIRCRAFT, IN c., EMPLOYER and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPI E-
MENT WORKERS OF AMERICA, C. I. 0., LOCAL 770, PETITIONER
Case No. 4-R--2246.-Decided November 25, 1946
Jlessrs. Harold Mull and W. H. Hadley, of Willow Grove, Pa., for
the Employer.
Messrs. Albert J. Zankl and Samuel Schervone, of Philadelphia,
Pa., for the Petitioner.
Mr. Conrad A. Wickham, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon a petition duly filed, the National Labor Relations Board on
August 30, 1946, conducted a prehearing election among employees of
the Employer in the alleged appropriate unit, to determine whether
or not they desired to be represented by Petitioner for the purposes of
collective bargaining.
At the close of the election a Tally of Ballots was furnished the
parties. The Tally shows that there were approximately six eligible
voters and that five of these eligible voters cast ballots, of which three
were for, and two were against, Petitioner.
Thereafter, a hearing was held at Philadelphia, Pennsylvania, on
October 1, 1946, before John H. Garver, hearing officer. The hearing
officer's rulings made at the hearing are free from prejudicial error
and are-hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TILE EMPLOYER
G & A Aircraft, Inc., is engaged at its plant at Willow Grove,
Pennsylvania, in the manufacture of radio cabinets, aircraft and air-
craft accessories. Of the raw materials consumed annually by the
Employer, approximately 50 percent, valued in excess of $100,000,
represents shipments from outside the Commonwealth of Pennsyl-
71N L R B. No 131.
71 77 $4-47-v of 71-50 767
768 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vania. Of its finished products, approximately 80 percent, valued in
excess of $100,000, represents shipments to points outside the Com-
monwealth.
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 affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize Petitioner, the current bargain-
ing representative for its rank and file production and maintenance
employees,' as the exclusive bargaining representative of its plant
guards, on the ground, in effect, that its guards are not employees
within the meaning of Section 2 (3) of the Act, and therefore may not
constitute any appropriate unit.- The question of the status of guards
under the Act has been passed upon by the Board in numerous cases,'
and we have always held that guards are employees within the Act's
meaning. And more recently, in the Monsanto Chemical Company
case,' a majority of the,Board reaffirmed prior unanimous holdings
that the benefits of the Act should not be denied to guards where they
seek to be represented for collective bargaining purposes by the same
labor organization which represents the employees over whom their
monitorial function is exercised, provided a separate unit is established.
Accordingly, 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.
IV. THE APPROPRIATE UNIT
Petitioner seeks a unit of the Employer's plant guards. Aside from
its position that these employees may not constitute any appropriate
unit, the Employer has made no contention as to the composition of
the unit.
The Employer employs six guards at its plant in Willow Grove,
Pennsylvania. They are under the supervision of the chief of plant
'Petitioner was ceitilted as the bingauung'rcpiesentative for the Employer's produc-
tion and maintenance employees on August 14, 1945, as the iesult of in election following
the Board's Decision and Direction of Election in Matter of G it A Aircraft, Inc., et al.,
62 N L R B 1275
2 The Employer has cited N. L. R. B V. E. C. Atkins it Co, 155 F (2d) 567 (C. C. A 7),
in support of its contention However the Board does not acquiesce in that decision,
and has filed a petition for cci trorari in the Supreme Court
3 Matter of The Firestone Tire and Rubber Company, 67 N L R B 1355 , Matter of
Cudahy Packing Company, 67 N. L. R B 150, Matter of Armour & Company, 66
N L R B 271
471N L.R.B 11.
G & A AIRCRAFT, I\ C. 769
protection, admittedly a supervisor, and perform monitorial functions
such as preventing infractions of the Employer's rules by its produc-
tion and maintenance employees and checking employees in and out of
the plant. They are uniformed and carry firearms, and although not
militarized, they are deputized as special county police. Their deputi-
zation, however, merely clothes them with authority to exercise police
powers while acting as guards at the Employer's plant. They take
no orders from the county authorities, the Employer paying them and
exercising complete supervisory control over their employment status.
On the basis of the entire record, we find, in accordance with Peti-
tioner's request, that all guards at the Employer's Willow Grove, Penn-
sylvania, plant, excluding the chief of plant protection and all other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, 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 the Section
9 (b) of the Act.
V. THE DETERMINATION OF RI]PRESENTATIVES
The results of the election held before the hearing show that Peti-
tioner has received a majority of the votes cast. Under these circum-
stances we shall certify Petitioner as the collective bargaining repre-
sentative of the employees in the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that International Union, United Antonio-
bile, Aircraft & Agricultural Implement Workers of America, C. I. 0.,
Local 770, has been designated and selected by a majority of all plant
guards of G & A Aircraft, Inc., Willow Grove, Pennsylvania, exclud-
ing the chief of plant protection, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommended such ac-
tion, as their representative for the purposes of collective bargaining,
and that, pursuant to Section 9 (a) of the Act, the said organization
is the exclusive representative of all such employees for the purposes
of collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.
MR. JAMES J. REY- OLDS, JR., d issenting :
For the reasons stated in my dissenting opinion in the illovsanto
Chemical, Company case.-5 which I find equally applicable here, I would
dismiss the present petition.
5 71 E L Iz B 11