Major Aircraft Foundry

National Labor Relations Board - Board Decisions

Jul 27, 1944

57 N.L.R.B. 734 (N.L.R.B. 1944)

In the Matter ofA . JEROME LEONARD ' AND LARRY CROSBY, D/B/A MAJOR
AIRCRAFT FOUNDRY • and INTERNATIONAL MOLDERS AND FOUNDRY
WORKERS UNION , LOCAL 374 , A. F. L.
Case No. 21-R-238..Decided July 37, 1944
Messrs. William A. Lazzarini, and Ben V. Henchal, of Los Angeles,
Calif., for the Union.
Mr. Bernard Goldberg , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE,
Upon a petition duly filed by' International Molders and Foundry
Workers Union, Local 374, A. F. L., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of A. Jerome Leonard and Larry Crosby, do-
ing business as Major, Aircraft Foundry, Puente, California, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Maurice J. Nico-
son, Trial Examiner. Said hearing ,was held at Los Angeles, Califor-
nia, on June 27, 1944. The Union appeared and participated. The
Company did not appear. In lieu of appearance, the Company re-
quested that consideration be given 'to its letter of June 5, 1944, ad-
dressed to the Board, as representing its position in the present pro-
ceeding. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the $oard makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
A. Jerome Leonard and Larry Crosby] doing business as Major
Aircraft Foundry, are engaged in the manufacture of aluminum cast-
57 N. L. R. B., No. 123.
734 •
:MAJOR-AIRCRAFT -FOUNDRY 735;
ings for airplanes at their,foundry,in Puente,. California:, :During the,
past "year, the Company manufactured castings valued in, ,excess. of,
$400,000, a substantial portion of which was shipped to aircraft fac-
tories located outside the State of California.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
International Molders and Foundry Workers Union, Local 374,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees. It states that
because contract cancellations and cut-backs have been so severe re-
cently, there is a serious question as to whether the Company will be
able to remain in business. In these circumstances, the Company re-
quests a postponement of the entire issue until its future is clarified.
There is no authority under the Act permitting a deferment of the
Tights of the present employees to collective bargaining.guaranteed
them by the statute and we accordingly feel constrained to proceed.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that 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.
V
IV. THE APPROPRIATE UNIT
The Union seeks a unit of all production and maintenance em-
ployees, excluding office clerical employees, plant protection em-
ployees; and all supervisory personnel. The Company has taken no
position in respect to the unit.
We find 'that all production and maintenance employees of the
Company, excluding office clerical employees, plant protection em-
ployees, and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
I The Field Examiner reported that the Union submitted 25 application for membership
cards ; that the names of all the persons appearing on the cards were listed on the Com-
pany's pay roll of June 6, 1944, which contained the names of 29 employees in the
appropriate unit ; and that all the cards were dated in May 1944.
T36' ' _DECISIONS pF. NATIONALI;ABOR RELATIONS BOARD
priate foF • the, pu'rpose 's= 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
employees 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.- - --
DIRECTION OF SELECTION
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 [II; Section-9, of National Labor Re-
lations _ Board -Rules and Regulations-Series 3, as amended, it is
hereby
D^riEc, Em'tfiat, as part-of the investigation to'ascertain representa-
tives for the purposes of collective bargaining with A. Jerome Leon-
ard and Lar'ry Crosby, doing business as Major Aircraft Foundry, -
Puente, 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 em-
ployees in the unit found appropriate in Section IV, above, who were
employed during 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
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
International Molders 'and Foundry Workers Union, Local 374, affili-
ated with the American Federation of Labor, for the purposes of
collective bargaining.
,MR. JOHN M. HOUSTON took no part in the consideration of the
above Decision and Direction of Election.