Hall-Aluminum Aircraft Corp.

National Labor Relations Board - Board Decisions

Mar 1, 1940

21 N.L.R.B. 17 (N.L.R.B. 1940)

In the Matter of HALL-ALUMINUM AIRCRAFT CORP., and, INTER-
NATIONAi. ASSOCIATION OF MACHINISTS
Case No. R-1681.-Decided Marcia 1, 1940
Aircraft Manufacture and Assembly Industry-Investigation of Represent-
atives: stipulation between Company, Petitioning Union, Intervening Union,
and Board as to business of the Company, the question concerning representa
tion, the appropriate unit, and direction of election-Election Ordered
Mr. Geoffrey J. Cunaniff, for the Board.
Mr. David Clydesdale, of Newark, N. J., for the I. A. M.
Mr. Loren J. Houser, of New York City, for the U. A. W.
Mr. Sidney Sugerman, of counsel to the Board.
DECISION
AND
DIRECTION O1' ELECTION
STATEMENT OF THE CASE
On October 9, 1939, International Association of Machinists, herein
called the I. A. M., filed with the Regional Director for the Fourth
Region (Philadelphia, Pennsylvania) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Hall-Aluminum Aircraft Corporation, Bristol, Penn-
sylvania, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On December 22, 1939, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 2, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On December 28, 1939, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the I. A. M., and upon Local Number 479, United Automobile Work-
ers of America, herein called the U. A. W., a labor organization
claiming to represent employees directly affected by the investigation.
'The correct name of the Company in full, as stipulated by the parties, is Hall-Alnmi-
num Aircraft Corporation.
21 N. L. R. B , No. 2
I
17
18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On January 3, 1940, before any hearing was held, the Company,
the I . A. M., the U. A. W., and the Board's attorney entered into the
following stipulation :
STIPULATION
V`
It is hereby stipulated by and between Hall-Aluminum Air-
craft Corporation, herein called the Company; International Asso-
ciation of Machinists , herein called the Association; Local Number
47,9, United Automobile Workers of America, affiliated with
the Congress of Industrial Organizations , hereinafter called
the Union; and Geoffrey J. Cunniff, Attorney for the National
Labor Relations Board, that :
1. Upon a petition duly filed by the Association on October 9,
1939, with the Regional Director for the Fourth Region (Phila-
delphia, Pennsylvania ) alleging that a question affecting com-
merce had arisen concerning the representation of employees of
the Company and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act, the National
Labor Relations Board, herein called the Board , acting pursuant
to Section 9 (c) of the Act and Article III, Section 3, of the
National Labor Relations Board Rules and Regulations , Series 2,
ordered on December 22, 1939, an investigation and authorized
the Regional Director to conduct it and to provide for an appro-
priate hearing upon due notice . The Regional Director on De-
cember 28, 1939, issued a Notice of Hearing, copies of which were
duly served on the Company, on the Association , and on the
Union.
2. The Company is a corporation organized and existing by
virtue of the laws of the State of New York, and was incorporated
in 1927, and on October 29, 1934 was granted a certificate to trans-
- act business in the State of Pennsylvania , with its plant located
at Bristol , Pennsylvania , where it is engaged in the business of
designing, engineering , developing, manufacturing and selling
aircraft and aircraft parts for military and other use. The Com-
pany's principal raw materials are sheet durahunin , sheet steel,
bar and tube steel, bar and tube driving, alloy aluminum forg-
ings, duralumin castings, paints, varnishes, fabrics, cotton, wool,
and glass. Engines, instruments and propellers are furnished
to the Respondent by the United States Government. The Coln-
pany is at the present time, wholly engaged in manufacturing
aircraft for the United States Government. Of the raw ma-
terials above enumerated, 5 percent is transported into the State
of Pennsylvania from other states in the United States. The en-
gines and propellers furnished to the Company by the United
HALL-ALUMINUM AIRCRAFT CORPORATION 19
States Government are shipped to it from New Jersey: The
instruments furnished by the United States Government to the
Company are shipped to the plant at Bristol, Pennsylvania, prin-
cipally from New York and New Jersey. The Company's finished
planes manufactured for the United States Government, includ-
ing the Navy and the Coast Guard, are delivered ready for flight
at the Respondent's plant, and are immediately ferried by the
Government pilots to Government air depots in various parts of
the United States. Spare parts manufactured for the Govern-
ment at the Respondent's plant are shipped on Government bills
of lading to various parts of the United States. During the
years 1937 and 1938, the total sales of the Company amounted to
approximately $900,000. The average number of employees en-
gaged in hourly paid production is 150.
3. International Association of Machinists, a labor organization
within the meaning of Section 2 of the Act, is affiliated with the
American Federation of Labor.
4. Local Number 479, United Automobile Workers of America,
a labor organization within the meaning of Section 2 of the Act,
is affiliated with the Congress of Industrial Organizations.
5. A question of representation affecting commerce within the
meaning of the Act has arisen, in that the Company refuses to
recognize the Association as the sole representative of its employees
in the unit set forth in Paragraph 6 below, until the Association
has been certified by the Board as the proper representative, in
view of the claim of the Union to the Company that it should be
recognized as the sole bargaining representative.
6. All of the hourly paid employees of the Company engaged
in production and maintenance, except foremen, sub-foremen, dis-
patchers, engineers, officers of the company, and its clerical staff,
including.inspectors, draftsmen and blueprint operators, constitute
a unit appropriate for the purposes of collective bargaining, and
the said unit will insure the employees the full benefit of their
right to self-organization and to collective bargaining, and other-
wise effectuate the policies of the Act.
7. The taking of testimony or evidence, and the making of
findings of fact and conclusions by the Board prior to any election
to be held by the Board, are hereby expressly waived.
8. This stipulation, together with the Petition, the Order
Directing Investigation and Hearing, Notice of Hearing, and
Rules and Regulations of the National Labor Relations Board,
Series 2, may be introduced,as evidence by filing them with the
Chief Trial Examiner of the Board at Washington, D. C. I
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
9. Upon this stipulation, if approved by the Board, and upon
the pleadings, the Board may issue a Direction of Election, direct-
ing that, as part of the investigation authorized by the Board to
ascertain representatives for collective bargaining with the Com-
pany, an election by secret ballot shall be conducted within thirty
(30) days from March 1, 1940, under the direction and supervision
of the Regional Director for the Fourth Region, acting in this
matter as agent for the Board and subject to Article III, Section 9
of the National Labor Relations Board Rules and Regulations,
Series 2, among all hourly paid production and maintenance em-
ployees of the Hall-Aluminum Aircraft Corporation, except fore-
men, sub-foremen, dispatchers, engineers, officers of the company,
and its clerical staff, including inspectors, draftsmen and blue-
print operators, whose names appear on the payroll last preceding
the date of the said Direction of Election, to determine whether
or not they desire to be represented for the purposes of collective
bargaining by the International Association of Machinists, af-
filiated with the American Federation of Labor, or by Local
Number 479, United Automobile Workers of America, affiliated
with the Congress of Industrial Organizations, or by neither.
This stipulation, together with the papers recited in Paragraph 8
above, the Direction of Election, the report on the results of
said election, and the papers which may be filed by the parties
pursuant to Article III, Section 9 of the Board's Rules and Regu-
lations, Series 2, shall constitute the record of the above-captioned
matter, and this stipulation and the report on the results of said
election shall constitute competent evidence in the said matter;
and on the basis thereof the Board may make its certification or
other disposition of the case pursuant to Section 9 (c) of the Act.
10. It is further stipulated that the true and correct name of
the Company is Hall-Aluminum Aircraft Corporation. Wher-
ever in the pleadings the Company is designated by any other
name, the said pleadings shall be amended so as to conform to
the true and correct name.
11. This stipulation is subject to the approval of the Board.
12. This stipulation contains the entire agreement of the parties,
and there is no verbal agreement of any kind which varies, alters
or adds to this stipulation.
On January 12, 1940, the Board issued its order approving the above
stipulation, making it a part of the record in the case, and, pur-
suant to Article III, Section 10, of National Labor Relations Board
Rules and Regulations-Series 2, transferring the case to and con-
tinning it before the Board for the purpose of entry of a direction of
election by the Board pursuant to the provision of the stipulation.
HALL-ALUMINUM AIRCRAFT CORPORATION 21
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Hall-Aluminum Aircraft Corporation, a New York corporation hav-
ing its plant at Bristol, Pennsylvania, is engaged in the manufacture
and sale of aircraft and aircraft parts for the United States Gov-
ernment. The principal raw materials used are sheet duralumin,
sheet steel, bar and tube steel, bar and tube driving, alloy aluminum
forgings, duralumin castings, paints, varnishes, fabrics, cotton, wool,
and glass. Of these raw materials 5 per cent is transported into the
State of Pennsylvania from other States in the United States. The
United States Government furnishes the engines and propellers from
New Jersey and the instruments from that State and New York, for
assembly by the Company. The finished planes are delivered to the
United States Government at the Company's plant, from which Gov-
ernment pilots fly the ships to air depots in various parts of the United
States. The Company also manufactures spare parts and ships them
to the Government at various points in the United States. The Com-
pany's total annual sales amount to approximately $900,000. The
Company employs an average of 150 workers in hourly paid
production.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists is a labor organization
affiliated with American Federation of Labor.
Local Number 479, United Automobile Workers of America, is a
labor organization affiliated with Congress of Industrial Organizations.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the I. A. M. as sole representative
of its employees in the appropriate unit set forth in Section V below,
until the I. A. M. has been certified by the Board as the proper rep-
resentative, in view of the claim of the U. A. W. that it should be
recognized by the Company as sole bargaining representative.
. We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
28 ;032-41-vo1 21--3
22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
described in Section I above, has a close, intimate , and substantial
relation to trade, traffic , and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
We find that all the hourly paid employees 'of the Company engaged
in production and maintenance , except foremen, subforemen, dis-
patchers , engineers , officers of the Company, and its clerical staff,
including inspectors , draftsmen , and blueprint operators, constitute
a unit appropriate for the purposes of collective bargaining , and that
said unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective , bargaining and
otherwise effectuate the policies of the Act.
We further find that the question concerning representation can
best be resolved by means of an election by secret ballot.
Upon the basis of the above findings of fact, the above stipulation,
and the entire record in the case, the Board makes the following:
CoNcLusioNs OF LAW
1. A question affecting commerce has arisen concerning ' the• repre-
sentation of employees of Hall-Aluminum Aircraft Corporation,
Bristol , Pennsylvania , within the meaning of Section 9 (c) and Section
2 (6) and ( 7) of the National Labor Relations Act.
2. All the hourly paid employees of the Company engaged in pro-
duction and maintenance , except foremen , subforemen , dispatchers,
engineers , officers of the Company, and its clerical staff , including
inspectors , draftsmen , and blueprint operators, constitute a unit
appropriate for the purposes of collective bargaining , within the
meaning of Section 9 (b) of the Act.
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 Relation
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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Hall-Aluminum Aircraft Corporation , Bristol , Pennsylvania, 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 of
Election , under the direction and supervision of the Regional Director
HALL-ALUMINUM AIRCRAFT CORPORATION 23
for the Fourth 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 all the hourly paid employees of Hall-
Aluminum Aircraft Corporation engaged in production and inainte-
nance, who were employed by the Company during the pay-roll period
last preceding the date of this Direction, including employees who did
not work during such pay-roll period because they were ill or on vaca-
tion, and employees who were then or have since been temporarily
laid off, excepting foremen, subforemen, dispatchers, engineers,
officers of the Company, and its clerical staff, including inspectors,
draftsmen, and blueprint operators, and excluding any employees who
have since quit or been discharged for cause, to determine whether
they desire to be represented for the purposes of collective bargaining
by International Association of Machinists, affiliated with American
Federation of Labor, by Local Number 479, United Automobile
Workers of America, affiliated with Congress of Industrial Organiza-
tions, or by neither.