General Aviation Equipment Co., Inc.

National Labor Relations Board - Board Decisions

Sep 3, 1943

52 N.L.R.B. 394 (N.L.R.B. 1943)

In the Matter of GENERAL AVIATION EQUIPMENT CO., INC., METALLIC
LINK DIvIsIoN, and DISTRICT #50, U. M. W. OF A.
Case No. B-5809.-Decided September 3, 1943
Mr. A. R. Kerr, of Wilkes-Barre, Pa., for the Company.
Mr. Frank Sobers, of Kingston, Pa., and Mr. Philip Bolen, of
Wilkes-Barre, Pa., for District 50.
Mr. Joseph M. Walsh, of Wilkes-Barre, Pa., and Mr. Joseph Lynch,
of New York City, for the UAW.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by, District #50, United Mine Workers of
America, herein called District 50, alleging that a question affecting
commerce had arisen concerning the representation of employees of
General Aviation Equipment Co., Inc., Metallic Link Division,
,Wilkes-Barre, Pennsylvania, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Robert H. Kleeb, Trial Examiner. Said hear-
ing was held at Wilkes-Barre, Pennsylvania, on August 10, 1$43. The
Company, District 50, and Local 357, United Automobile, Aircraft
& Agricultural Implement Workers of America (UAW-CIO), herein
called the UAW, appeared, participated, and were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing 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 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
General Aviation Equipment Co., Inc., a Delaware corporation,
is engaged in the manufacture of parts for aircraft and the manufac-
52 N. L . R. B., No. 58.
394
GENERAL AVIATION EQUIPMENT CO., INC. 395
ture of links for machine gun ammunition. In the course and conduct
of its business, the Company operates two plants in Wilkes- Barre,
one of which is known as the Metallic Link Division, with' which we
are concerned herein. During the calendar year 1942 the Company
purchased for its Metallic Link Division raw materials valued in ex-
cess of $250,000, of which approximately 95 percent originated from
points outside the State of Pennsylvania. During the same period,
the value of the finished products of the Metallic Link Division
amounted to approximately $750,000, of which approximately 95 per-
cent was shipped to points outside the State of Pennsylvania. All of
the finished products of the Company is destined for the United States
Army Ordnance Department pursuant to direct contracts between the
Company and the United States Army Ordnance Department. The
Company admits that it is engaged in commerce within the meaning-of
the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
District #50, United Mine Workers of America, is a labor organi-
zation , admitting to membership employees of the Company.
Local No. 357, United Automobile, Aircraft & Agricultural Imple-
ment Workers of America (UAW-CIO) is a labor organization af-
filiated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 1, 1942, the Company and General Equipment Workers,
Local Industrial Union 1172, affiliated with the Congress of Indus-
trial Organizations, herein called the L. I. U., executed a contract
which provided for the recognition of the L. I. U. as the exclusive
bargaining representative of all employees of the Company's Metallic
Division with certain specified exceptions. This contract contained
the following clause :
This agreement shall be ... in effect until April 30, 1943, and
shall continue . . . thereafter from year to year unless ...
notice in writing ... be given by either party to the other party
30 days or more prior to said expiration date of this agree-
ment ... In the event the union and the corporation have been
unable to agree on a new or modified contract prior to the said
expiration date, this contract shall remain in effect while such
negotiations continue.
On March 16, 1943, the L. I. U. gave notice to the Company of its
desire to amend the contract; the receipt of this notice was acknowl-
edged by the Company. Thereafter, in April, the membership of
the L. I. U. sought to affiliate itself with an International of the Con-
396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gress of Industrial Organizations, and on April 28, 1943, the member-
ship became affiliated with the UAW and has continued thereafter
as Local 357 thereof. On the same date that the transfer of the mem-
bership was completed, the UAW notified the Company that it wished
to commence negotiations for a new contract pursuant to the provisions
of the contract of May 1, 1942. Negotiations continued until July 6,
1943, when a contract between the Company and the UAW, retro-
active to May 1, 1943, was executed.
On June 5, 1943, a representative of District 50 orally notified the
Company of its claim of representation and requested that the statu's
quo in the bargaining relationships of the Company be maintained.
This oral conversation was confirmed by a letter dated June 7, from
District 50, to the Company.
The UAW contends that the contract executed on July 6 consti-
tutes a bar to this proceeding, arguing that all of its terms had been
agreed upon substantially prior to the presentation of the claims of
District 50, and furthermore, the provisions of the old contract were
continuing in full force and effect pursuant to the provisions herein-
before set out. We do not agree. The predecessor of the UAW gave
notice of its intention to amend the original contract on March 16, and
the UAW itself confirmed such intention by its notice of April 28.
Negotiations between the parties were not reduced to writing until
July 6, 1943, and District 50 gave notice of its claim prior to that date.
We are of the opinion that this notice was timely given.' Nor is the
provision that the terms of the original contract continue until the
execution of the new contract one which we can consider as a bar to
this proceeding. Such a provision is no more than an indefinite exten-
sion of the contract and, as such cannot act as an estoppel to the pro-
ceeding herein.2 We find, therefore, that neither the contract of May 1,
1942, nor any extension thereof or successor thereto constitutes a bar
to the instant proceeding.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that District 50 and the UAW each 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.
1 Matter of Eicor, Incorporated, 46 N L. R. B. 1035
2 Matter of Link Belt Speeder Co ., 37 N L R B 889.
2 The Regional Director reported that District 50 submitted 62 authorization cards
bearing apparently genuine original signatures , of which 60 bore the names of persons
appearing upon the Company's pay roll dated June 21, 1943. This pay roll contained the
names of 203 employees in the appeopriate unit
He further reported that the UAW relies for the establishment of its interest herein
upon a contract , dated May 1, 1942, between its predecessor and the Company.
GENEIRAL AVIATION EQUIPMENT CO., INC.
IV. THE APPROPRIATE UNIT
397
Substantially in accordance with the stipulation of the parties, we
find that all employees of the Company at its Metallic Link Division,
excluding executives, engineers, draftsmen, and all supervisory em-
ployees 4 with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, office employees, and guards, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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 immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.5
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with General Avia-
tion Equipment Co., Inc., Metallic Link Division, Wilkes-Barre, Penn-
sylvania, 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 Direc-
tor for the Fourth Region, acting in this matter as agent for the Na-
tional 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, abovg, who were employed dur-
ing 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 including employees in the armed forces of the United
Production inspectors , with the exception of the chief inspector, and "leaders" are
not considered by the parties herein as supervisory employees as they.do not have the right
to hire or discharge or to recommend such actid 'n We agree and so find.
The UAW requested that it appear upon the ballot as "UAW-CIO Local 357," and Dis-
trict 50 requested that it be listed as "District 50, United Mine Workers of America."
Both requests are hereby granted.
398 DECISIONS OF NAT'ION'AL LABOR RELATION'S BOARD
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause,
to determine whether they desire to be represented by District 50,
United Mine Workers of America, or by UAW-CIO Local 357, for
the purposes of collective bargaining, or by neither.
CHAIRMAN MmLis took no part 'in the consideration of the above
Decision and Direction of Election.