Harvill Aircraft Die Casting Corp.

National Labor Relations Board - Board DecisionsDec 10, 1940

28 N.L.R.B. 417 (N.L.R.B. 1940)

i In'the Matter Of HARVILL AIRCRAFT DIE' CASTING CORPORATION and INTERNATIONAL UNION OF UNITED AUTOMOBILE WORKERS OF AMER- ICA, LOCAL .683, CIO Case No. R-2135.-Decided December 10, 19410 Jurisdiction : die, die casting, and die casting machinery manufacturing industry. -investigation and Certification of Representatives : existence of question : refusal to accord recognition to union ; election necessary. Intervening union accorded place on ballot, despite objection by peti- tioning union thereto on ground it has not shown a substantial interest in the proceedings, inasmuch as an election is to be' conducted, and since it has made some showing of membership. Unit Appropriate for Collective Bargaining : all non-supervisory employees in- cluding dimensional and visual inspectors, but excluding employess classified by the Company as office workers (including all persons performing clerical tasks wherever those tasks are performed), employees in the engineering department, welders, and truck drivers. Martineau cC Stratton, by Mr. Richard C. Heaton,' of Los Angeles, Calif., for the Company. - Gallagher, Wirin c6 Johnson, by Mr. A. L. Wirin and Mr. Wynd- ham Mortimer, of Los Angeles, Calif., for the U. A. W. - Mr. E. L. Lynch, of Los Angeles, Calif., for the I. A. M. Mr. Theodore Thomas Huck, of Bell Gardens, Calif., for the Association. Mr. Jimmie Goss and Mr. Walter S. Binns, of Los Angeles, Calif., for the United. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE - On September 20, 1940, International Union of United Automobile Workers of America, Local 683, CIO, herein called the U. A. W., filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Harvill Air-' craft Die Casting Corporation," Vernon, California,,herein called the I Incorrectly designated In the formal papers as Harvill Die Casting Corp. This was corrected by motion at the hearing. 28 N. L. R. B., No. 70. 417 418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 28, 1940, the National Labor Relations Board, herein called the Board, acting pur- suant to Section 9 (c) of the Act and Article III, Section 3,, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to ' provide for an appropriate hearing upon due notice. On October 30, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the U. A. W., and Harvill Employees Association, Inc., herein called the Associa- tion. Pursuant to notice; a hearing was held on November 7,,1940, at Los Angeles, California, before James A. Cobey, the Trial Examiner duly designated by the Board. At the commencement of the hear- ing International Association of Machinists, herein called the I. A. M., a labor organization claiming to represent employees directly affected -by the investigation, moved to intervene. The Trial Examiner re- served ruling thereon but allowed the I. A. M. to participate in the proceedings. At this same time the Trial Examiner granted a motion to intervene by National Union, United Aircraft Welders of America, herein called the United, a labor organization claiming to represent employees directly affected by the investigation. The Company and ,the U. A. W. were represented by counsel, the I. A. M., the United, grid the Association by their representatives; all participated in the hearing. The, representative of the Association stated for the record that the Association was in process of dissolution and did not wish to participate in an election. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties, including the I. A. M. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed all the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. The Board hereby grants the motion of the I. A. M. to intervene. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Harvill Aircraft Die Casting Corporation Is a California corpora- tion with its principal place of business in Los Angeles, California, where it is engaged in the manufacture and sale of dies, die castings, and die casting machinery. From May 11, 1939, to May 10, 1940, the HARVILL AIRCRAFT DIE CASTING CORPORATION 419 Company purchased 101 tons of materials used by it in manufacture, approximately 8 tons of which were shipped to it from points outside the State of California. During the same period, the Company sold finished products valued at approximately $252,968.00, approximately 12 per cent of which were shipped by it to points outside the State of California. II. THE ORGANIZATIONS INVOLVED International Union of United Automobile Workers of America, Local 683, is a; labor organization affiliated with the Congress of Industrial Organizations. It admits to membership all production and maintenance employees of the Company, including visual and ,dimensional inspectors, but excluding welders; clerical employees, and supervisors. , International Association of Machinists is a labor organization affiliated with the American Federation of Labor. It admits to mem- bership, all production and maintenance employees of the Company, including visual and dimensional inspectors and welders, but exclud- ing clerical employees and supervisors. National Union, United Aircraft Welders of America, is an unaf- filiated labor organization admitting to membership all welders employed by the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 27, 1940, the U. A. W. wrote to the Company requesting a meeting for the purpose of collective bargaining for the employees who were members of the U. A. W. On August 28, 1940, the Company replied stating that inasmuch as it did not appear that the U. A. W. represented a majority of the employees it would be preferable to re- quest the Board to determine the proper representative of the em- ployees. A statement of the Regional Director introduced at the hearing shows that the U. A. W. represents a substantial number of the employees in the unit which it alleges is appropriate? We find that a question has arisen concerning the 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 12 The Regional Director 's statement shows that 112 employees on the Company 's pay roll of September 25, 1940, have designated the U. A. W. as their representative. Sixteen employees on this pay roll have signed application cards in the I. A. M. There are approximately 287 employees in the alleged appropriate unit. . 7- 413597-42-vol. 28-28 420 DECISIONS OF NATIONAL LABOR RELATION'S 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 commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The U. A. W. urges that all non-supervisory employees of the Company, including dimensional and visual inspectors, but exclud- ing employees classified by the Company as office workers (including all persons performing clerical tasks wherever those tasks are per- formed), employees in the engineering department, welders,,and truck drivers, constitute an appropriate bargaining unit. At the hearing controversy arose concerning the proposed exclusion of the welders and the proposed inclusion of the dimensional inspectors. The I. A. M. objected to the exclusion of the welders from the unit urged by the U. A. W. We are of the opinion, however, that weight should not be given to such objection on the part of the I. A. M. in- asmuch as the I. A. M. made no showing on the record that more than a few employees of the Company ' desire representation by it. There is but one welder presently employed by the Company and a repre- sentative of the United testified that he is a member of that organi- zation and requested his exclusion from the unit. We find That welders should be excluded from the unit. The Company objected to the proposed inclusion of the dimen- sional inspectors in the unit. The Company contends that the di- mensional inspectors should be excluded because they are supervisory and confidential employees. The dimensional inspectors work with technical instruments testing the-various castings and dies made by the Company, and' have the authority to stop a job and have correc- tions made whenever necessary. They do not take up any defects with the employees but report these defects to the foremen who in turn take them up with the employees at fault. The Company con- tends that these employees have the right to recommend the hiring and discharging of employees., However,'the dimensional, inspectors are paid on an hourly basis as are the admittedly non-supervisory em- ployees of the Company, and are eligible to membership in the U. A. W. Moreover there are members of the U. A. W. among the dimensional ; inspectors. We are of the opinion that they do not exercise such a degree of. supervisory authority as to require their exclusion from the unit. Nor does their alleged confidential status justify such' ex- clusion. We find that the dimensional inspectors should be included in the unit. We find that all non-supervisory employees of the Company, including dimensional and visual, inspectors, but excluding employees - -HARVILL AIRCRAFT DIE CASTING CORPORATION 421 classified by the Company as office workers ("including all, persons performing clerical tasks wherever those tasks-are performed), em- ployees in the engineering department, welders, and truck drivers, constitute -a unit appropriate for the purposes of collective bargain- ing, and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bar- gaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES - We find that the question concerning the representation of em- ployees of the Company can best be resolved by an election by secret ballot. The U. A. W. objects to the appearance of the name of the I. A. M. on the ballot on the ground that the I.A. M. has not shown a substantial interest in these proceedings. However, inasmuch as an election is to be conducted, and inasmuch as the I. A. M. has made some showing of membership, we shall accord a place on the ballot to the I. A. M. ' The U. A. W. requests the use of the pay roll for the period ending October 31, 1940, to determine eligibility to vote in the election. However, no reason appears why the pay roll immediately preceding the date of the Direction should not be used. We shall direct that the employees eligible to vote shall be those employees in the appro- priate unit who were employed during the pay-roll period imme- diately preceding the date of the Direction herein, including employ- ees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause. Upon the basis of the above findings of fact and upon the entire record in the case, the Board make's the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Harvill Aircraft Die Casting Corporation, Vernon, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All non-supervisory employees of the Company, including dimen- sional and visual inspectors, but excluding employees classified by the Company as office workers (including all persons performing clerical tasks wherever those tasks are performed), employees in the engineering department, welders, and truck drivers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 422 DECISIONS ^ OF NATIONAL LABOR RELATIONS -BOARD 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, authorized by the Board to ascertain representatives for the purposes of collective bargaining with Harvill Aircraft Die Casting Corporation, Vernon, California, 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 Twenty-first 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 non-supervisory em- ployees of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including dimensional and visual inspectors, employees who did not work dur- ing such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding employees classified by the Company as office workers (including all persons performing clerical tasks wherever those tasks "are performed), employees in the engineering department, welders, truck drivers, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by International Union of United Automobile Workers of America, Local 683, affiliated with the Congress of Industrial Organizations, or by International Association of Machinists, affiliated with the American Federation of Labor, for the purposes of collective bar- gaining, or by neither. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Direction of Election.