Hughes Aircraft Co.

National Labor Relations Board - Board DecisionsSep 17, 1943

52 N.L.R.B. 715 (N.L.R.B. 1943)

In the Matter of HUGHES TOOL COMPANY D/B/A HUGHES AIRCRAFT- COMPANY and NATIONAL UNION, UNITED AIRCRAFT WELDERS OF AMERICA, INDEPENDENT In the Matter of HUGHES TOOL COMPANY D/B/A HUGHES AIRCRAFT COMPANY and WOOD & PLASTIC AIRCRAFT WORKERS, LOCAL 1553, AFFIL. WITH UNITED BRO. OF CARPENTERS & JOINERS OF AMERICA, AFL Cases Nos. R-5832 and R-5833, respectively .Decided September- 17,1943 Mr. Irvin StaLmaster, of Los Angeles , Calif ., and Mr. Abner War- 8havr and Mr. Thomas H. Sisk , of Culver City , Calif ., for the Company. Mr. John Murray, of Santa Monica, Calif ., and Mr . Nick Cordil, Mr. R. R. McKinzie , and Mr. F. G. Scofield, of Los Angeles , Calif., for the Carpenters. Mr. William F. Jebe, of Los Angeles, Calif ., for the Pattern Makers- Miss Viola James, of counsel to the Board. DECISION DIRECTION OF ELECTION AND ORDER STATEMENT OF THE CASE Upon petitions filed respectively by National Union, United Air-- craft Welders of America, herein called the Welders, and Wood & Plastic Aircraft Workers, Local 1553, affiliated with the United Brotherhood of Carpenters & Joiners of America and the American Federation of Labor, herein called the Carpenters, alleging that ques- tions affecting commerce had arisen concerning the representation of employees of Hughes Tool Company d/b/a Hughes Aircraft Com- pany, Culver City, California, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate consoli- dated hearing upon due notice before William B. Esterman, Trial Examiner. Said hearing was held at Los Angeles, California, on August 9, 1943. The Company, the Carpenters, and Pattern Makers 52 N. L. R. B., No. 126. 715 716 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Association of Los Angeles, herein called the Pattern Makers, ap- peared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues.' The Trial Examiner's rulings 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 Hughes Tool Company d/b/a Hughes Aircraft Company is a Dela- ,ware corporation licensed to do business in the State of California. Its aircraft activities within the State of California are conducted ;under the name of Hughes Aircraft Company. One of the divisions ,of Hughes Aircraft Company is the' Cargo Plane Division plant, the only plant involved herein, located at Culver City; California, where the Company is engaged in the engineering and construction of three prototype cargo planes. All of the raw materials used, at the Culver ,City plant are purchased and furnished to the Company without charge by Defense Plant Corporation, an instrumentality of the United States Government. During 1942, raw materials and supplies valued in excess of $500,000 were so furnished, of which not less than 90 percent was purchased from sources outside the State of California. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. r H. THE ORGANIZATIONS INVOLVED Wood & "Plastic Aircraft Workers, Local 1553, affiliated with the United Brotherhood of Carpenters & Joiners of America and the American Federation of Labor,. and Pattern Makers Association of _Los Angeles are labor organizations, each admitting to 'membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to deal with any labor organization in the ,absence of certification by the Board. A statement prepared by a Field Examiner of the Board, intro- ,duced into eyidence at the hearing, indicates that the Carpenters ' The Welders made no appearance and did not participate . After the hearing had been closed, it was found that the Welders had not been served with notice of the hearing. In view of this fact , we are herein ordering the severance of the cases , and further ordering that the Welders ' case, No. R-5832, be remanded to the Regional Director for appropriate action. HUGHES TOOL COMPANY 717 represents a substantial number of employees in the unit hereinafter found to be appropriate.2 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 The Company and the Carpenters substantially agree on an indus- trial unit, similar to the unit found appropriate in the St. Andrews Place plant of the Company.3 Both agree to exclude "welders." Presumably this exclusion covers the employees in the unit sought by the 'Welders! Inasmuch as we are remanding the Welders' case, No. R-5832, we shall exclude welders and their helpers from the unit herein. The Pattern Makers seeks the exclusion of approximately 22 pat- tern makers, to which exclusion the Carpenters agrees. The Com- pany, although agreeing to the exclusion of welders, contends that the pattern makers should be included in the industrial unit. Pattern makers have long been recognized as a skilled and identifiable craft. The pattern makers herein are highly skilled and command rates of pay in the highest bracket. We shall exclude them from the unit.' We find that all production and maintenance employees at the Cul- ver City plant of the Company, including leadmen, but excluding welders and their helpers, pattern makers, clerical, engineering, plant 2The Field Examiner reported that the Carpenters submitted petitions bearing 313 apparently genuine original signatures , and 363 application -for-membership cards, all bear- ing apparently genuine original signatures ; that all the petitions and cards , but 4 which were undated , were dated variously from January through June 1943; and that 201 of the '676 signatures are the names of persons on the Company 's pay roll of April 15, 1943, which lists approximately 557 employees in the appropriate unit. The Pattern Makers, as intervenor , submitted 7 authorization cards, dated in March 1943, to the Field Examiner , who found that all 7 bore apparently genuine original signatures , and that all 7 signatures are the names of persons on the Company 's pay roll of April 15, 1943, which contains the names of 22 pattern makers. See Matter of Hughes Tool Company d/b/a Hughes Aircraft Company, 51 N. L R B 203, in which the unit found to be appropriate was "all production and maintenance employees at the St Andrews Place plant of the Company , including leadmen and truck drivers, but excluding all clerical , engineering, plant protection , administrative , executive, professional , office , and technical employees, welders, supervisors above the rank of leadmen, or any other supervisory employees with authority to hire, promote , discharge , or otherwise effect changes in the status of employees , or effectively recommend such action " 4 The unit set out in the welders ' petition is: "All employees who are engaged more than 50 percent of their time as oxy-acetylene , oxy-hydrogen , electric are welders employed to do fusion welding , gas torch cutters , helpers in the foregoing categories , tackers, and apprentice 'welders, including leadmen, but excluding operators of mechanical spot welding machines, as distinguished from what is known in the trade as tack welding , foremen, supervisory and administrative employees , and all production and maintenance employees other than those specifically indicated above " 6 We note that the record herein reveals that no pattern makers are employed at the St. Andrews Place plant. 718 DECISIONS OF NATIONAL LABOR RELATIONS BOARD - protection, administrative, executive, professional, office and technical employees, supervisors above the rank of leadmen, and any other super- visory emloyees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the pur- poses 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 immediately preceding the date of the Direction of Elec- tion herein, subject to the limitations and additions set forth in said Direction. 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, and pursuant to Article III, Section 9, 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 Hughes Tool Com- pany d/b/a Hughes Aircraft Company, Culver City, 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, Sections 10 and 11, 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 immediately preceding the date of this Direction , includ- ing employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off , and including em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding any who have since quit or been discharged for cause , to determine whether or not they" desire to be represented by Wood & Plastic Aircraft Workers, Local 1553, affiliated with the United Brotherhood of Carpenters & Joiners of America and the American Federation of Labor, for the purposes of collective bargaining. 11 HUGHES TOOL COMPANY ORDER 719 IT IS HEREBY ORDERED , pursuant to Article III, Section 12 (c) (4) of National Labor Relations Board Rules and Regulations-Series 2, as amended, that cases R-5832 and R-5833 be, and they hereby are, severed, and it is further ordered that Case No. R-5832 be, and it hereby is, remanded to the Regional Director of the Twenty-first Region for appropriate action. CHAIRMAN MILLIS took no part in the consideration of the above De- cision, Direction of Election and Order.