North American Aviation Inc.

National Labor Relations Board - Board Decisions

Jul 25, 1939

13 N.L.R.B. 1134 (N.L.R.B. 1939)

In the Matter of NORTH AMERICAN AVIATION INC. and UNITED AUTO-
MOBILE WORKERS OF AMERICA LOCAL No. 228, C. I. O.
In the Matter of NORTH AMERICAN AVIATION INC. and UNITED AIR-
CRAFT WELDERS OF AMERICA INDEPENDENT
Cases Nos. B-1067 and R-1068, respectively.Decided July 25, 1939
Aircraft and Parts Manufacturing Industry-Investigation of Represent-
atives: controversy concerning representation of employees : controversies con-
cerning appropriate units; rival organizations ; refusal by employer to recog-
nize one of competing unions as sole bargaining agency unless so certified ;
contention of employer that no question concerning representation exists with
respect to another competing union because of a contract-Contract: termi-
nable on 30 days' written notice by either party and applicable to members only ;
no bar to investigation or certification of representatives-Units Appropriate
for Collective Bargaining : (1) production employees and employees in cer-
tain specified departments of plant with certain exclusions ; controversy as to
inclusion of other than production employees ; ( 2) welders , excluding super-
visors with power to hire and discharge ; controversy as to-Election Ordered:
in general plant unit-Certification of Representatives : in welders' unit upon
proof of majority representation.
Mr. Frank A. Mouritsen, for the Board.
Gibson, Dunn & Cruteher, by Mr. J. Stuart Neary, of Los Angeles,
Calif., for the Company.
Mr. Charles F. West, Jr., of Los Angeles, Calif., for the U. A. W. A.
Mr. Jimme Goss, of Los Angeles, Calif., for the Welders.
Mr. E. L. Lynch and Mr. Thomas E. McNett, of Los Angeles,
Calif., for the I. A. M.
Mr. Daniel J. Harrington, of counsel to the Board.
DECISION
CERTIFICATION OF REPRESENTATIVES
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 9, 1938, United Automobile Workers of America, Local
No. 228, C. I. 0., herein called the U. A. W. A., and on August 2, 1938,
United Aircraft Welders of America, herein called the Welders,
filed with the Regional Director for the Twenty-first Region (Los
Angeles, California), separate petitions, each alleging that a ques-
13 N. L. R. B., No. 107.
1134
NORTH AMERICAN AVIATION, INCORPORATED 1135
Lion affecting commerce had arisen concerning the representation of
employees of North American Aviation, Inc., Inglewood, California,
herein called the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
September 2, 1938, the National Labor Relations Board, herein called
the Board, acting pursuant to Article III, Section 10 (c) (2), of
National Labor Relations Board Rules and Regulations-Series 1,
as amended , ordered the two cases consolidated for the purposes of
hearing , and acting pursuant to Section 9 (c) of the Act and Article
III, Section 3, of said Rules and Regulations, ordered an investiga-
tion and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
On September 17, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the U. A. W. A., upon the Welders, upon the International Associa-
tion of Machinists, herein called the I. A. M., a labor organization
claiming to represent employees directly affected by the investigation,
and upon the International President of the Grand Lodge, Inter-
national Association of Machinists. Pursuant to the notice, a hear-
ing was held on October 10, 1938, at Los Angeles, California, before
William R. Ringer , the Trial Examiner duly designated by the
Board. The Board, the Company, the U. A. W. A., the Welders,
and the I. A. M. were represented by counsel or other representatives
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties.
At the commencement of the hearing the I. A. M. filed a motion
to intervene in the proceeding on the grounds that it had jurisdiction
over the employees involved therein, that some of these employees
were members of I. A. M. locals, and that numerous other employees
desired to be represented by the I. A. M. The Trial Examiner
granted the motion. At the hearing the Welders moved to intervene
in the case on the petition filed by the U. A. W. A. The motion was
granted by the Trial Examiner. During the course of the hearing
the U. A. W. A. requested leave to amend its petition to exclude
welders from the appropriate unit as alleged in its petition. The
amendment was permitted by the Trial Examiner. During the
course of the hearing the Trial Examiner ruled upon a number of
other motions and on a number of objections to the admission of
evidence. The Board has reviewed the rulings of the Trial Exam-
iner and finds that no prejudicial errors were committed. The rul-
ings are hereby affirmed.
1136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On January 12, 1939 , oral argument was had before the Board in
Washington , D. C. The U. A. W. A. and the I. A. M. were repre-
sented by counsel and participated in the oral argument.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
North American Aviation, Inc., is a Delaware corporation, having
manufacturing plants situated in Inglewood, California, and Dun-
dalk, Maryland. The present proceeding involves only the plant at
Inglewood, at which th'e Company manufactures aircraft and air-
craft parts solely for the United States Government and for export.
In the operation of its Inglewood plant the Company uses large
quantities of raw materials, chiefly aluminum, aluminum alloys, steel
bar, sheet, tubing, fabrics, paints, dopes, and processing supplies.
During the year 1937 the aggregate value of raw materials used in
the plant was approximately $1,136,000 and larger annual amounts
were being used at the time of the hearing. Approximately 70 per
cent of these raw materials are shipped to the plant from points out-
side the State of California. During 1937 sales of finished products
amounted to approximately $3,500,000, about 25 per cent of which
were shipped by the Company out of the State of California. Prac-
tically the entire remaining 75 per cent is sold f. o. b. the plant and
taken "flyaway" by Army pilots for destinations outside the State of
California. In the year 1937 aircraft and aircraft parts for export
were sold principally to the Argentine Republic and Government of
Australia." During the year 1938 there was no material change in
the operation of the plant with respect to exports and imports.
II. THE ORGANIZATIONS INVOLVED
United Automobile Workers of America, Local No. 228, is a labor
organization affiliated with the Committee for Industrial Organiza-
tion, admitting to its membership production and maintenance
employees of the Company with certain exceptions.
United Aircraft Welders of America is an unaffiliated labor
organization. It admits to its membership welders employed by the
Company, excluding supervisors who have power to hire and
discharge.
International Association of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to
membership production workers and hourly paid, employees in the
aircraft industry.
I The above facts relative to the business of the Company were stipulated to by all
the parties.
NORTH AMERICAN AVIATION, INCORPORATED 1137
III. THE QUESTION CONCERNING REPRESENTATION
On March 26, 1937 , the Company entered into a contract with
Locals 228 and 257 of the U. A. W. A.; covering the employees of
the Company who were members of the two locals. The contract
provided that it should remain in effect for 1 year. During April
1938 representatives of the U. A. W. A. and the Company conferred
relative to a contract , but no agreement was reached due to the fact
that the U. A. W. A. requested sole bargaining rights which the
Company refused to grant. The Company and the U. A. W. A.
agreed at that time to continue the contract of March 26 , 1937, in
effect until another contract could be negotiated.
On April 13 , 1938, the Company and the Welders entered into a
contract covering such of the employees of the Company "as are from
time to time members" of the Welders. The contract by its terms
was to be effective for 1 year and thereafter until 30 days' written
notice of modification or termination was given by either party.
All parties stipulated that the Company had at no time recognized
the U. A. W. A. as the sole bargaining representative of its produc-
tion employees and that it refuses to do so unless and until it has
been certified as such bargaining agent . By its petition , the Welders
seek certification as the exclusive bargaining representative of the
welders employed by the Company . The Company contends that
there is no present question concerning the representation of the
Welders because of the contract entered into on April 13, 1938, be-
tween it and the Welders . The contract has been in effect for a year,
however, and may now be terminated on 30 days ' notice . Moreover,
it is applicable only to welders who are members of the Welders.
Accordingly , the contract constitutes no bar to any investigation or
certification by the Board.
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
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
with foreign countries, and tends to lead to labor disputes burdening
and obstructing commerce and the free flow of commerce.
2 The welders , originally unaffiliated , had been granted a charter by the U. A. W. A,
and was designated as Local 257 . The charter was subsequently withdrawn by the
U. A. W. A. and the welders aeain became an independent labor organization.
1138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNITS
The petition of the U. A. W. A., as amended, alleges that all the
production employees of the Company, exclusive of welders, consti-
tute an appropriate unit. At the hearing the U. A. W. A. took the
position that an appropriate unit should consist of all production
employees and employees in the finished parts stores department, the
dispatch and follow-up department, the electrical maintenance de-
partment, the shipping department, the general plant maintenance
department, the inspection department, the material control-stores
department, the flight test and service department, the tool-design
department, and the loft and pattern section of the factory and gen-
eral clerical department, exclusive of welders, employees with the
power to hire and discharge, foremen, supervisors, engineers, com-
pany police, and office and clerical employees.
The petition of the Welders alleges that all aircraft welders of
the Company, excluding supervisors who have the authority to hire
and discharge, constitute an appropriate unit.
The Company claims that the employees in the various depart-
ments mentioned by the U. A. W. A. at the hearing are not produc-
tion employees and that, inasmuch as the petition of the U. A. W. A.
refers only to production employees, the said other employees should
not be included in a unit with the production employees. We find it
unnecessary to pass upon the scope of the term "production employ-
ees" as used in the petition of the U. A. W. A. Even if we assume
that the U. A. W. A. sought at the hearing a unit differing somewhat
from that referred to in its petition, it is clear that neither the Com-
pany nor any other party was prejudiced thereby. All parties were
fully informed at the hearing relative to the position of the
U. A. W. A. and had adequate opportunity to state their own views
and introduce evidence with respect thereto.
Although the Company claims, as noted above, that no question
exists at this time concerning the representation of welders, it did
not dispute the appropriateness of a separate unit composed of the
welders.
The I. A. M. objected at the hearing to establishment of the
welders as a separate unit and contended that they should be included
in one unit with the employees covered by the claim of the U. A.
W. A. We are of the opinion, however, that weight should not be
given to such objection and contention on the part of the I. A. M.
inasmuch as the record shows that at most only a few employees of
the Company desire representation by the I. A. M. and in view of the
fact that the I. A. M. conceded that it was not at the time of the
hearing engaging in any organizational activities among the employ-
ees of the Company. There was introduced in evidence at the hear-
NORTH AMERICAN AVIATION, INCORPORATED 1139
ing a telegram from the International representative of the I. A. M. in
San Diego, California, to E. L. Lynch, Grand Lodge representative
of the I. A. M., stating that seven named employees of the Company
were affiliated with an I. A. M. local. In addition, a witness for the
I. A. M. testified that members of several I. A. M. locals were
employed in the plant and that the I. A. M. had been asked by these
members and other employees to request the Board to permit the
employees to vote as they pleased. There is, however, no other indi-
cation in the record tFiat any employees desire representation by the
I.A.M.
Inasmuch as the objection of the Company to the claims of the
U. A. W. A. relative to the appropriate unit is based upon a ground
which we have found to be without merit and inasmuch as we have
found that weight is not to be attached to the contentions of the
I. A. M. in the present proceeding, we find no reason for concluding
that the units sought by the U. A. W. A. and the Welders, respec-
tively, are inappropriate for the purposes of collective bargaining.
We find that the production employees and the employees in the
finished parts stores department, the dispatch and follow-up de-
partment, the electrical maintenance department, the shipping
department, the general plant maintenance department, the inspec-
tion department, the material control-stores department, the flight
test and service department, the tool-design department, and the loft
and pattern section of the factory and general clerical department, of
the Company at its Inglewood, California, plant, exclusive of
welders, employees with the power to hire and discharge, foremen,
supervisors, engineers , police, and office and clerical employees, con-
stitute 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 welders of the Company at its Inglewood,
California, plant, excluding supervisors who have the authority to
hire and discharge, 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.
VI. THE DETERMINATION OF REPRESENTATIVES
(a) The general plant unit
The Company has within its employ approximately 2,484 persons
in the general plant unit which we have found to be appropriate.
The U. A. W. A. claims to represent approximately 1,400 of such
1140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees . Although it failed to submit proof of its membership,
its claim as to a substantial membership among the employees of
the Company was not disputed . It has in the past , as noted above,
bargained with the Company with respect to employees who are its
members. We have pointed out above that there is no indication in
the record that any substantial number of employees desire repre-
sentation by the I. A. M.
We find that the question which has arisen concerning the repre-
sentation of the employees in the general plant unit can best be
resolved by an election by secret ballot to determine whether or not
such employees desire to be represented by the U. A. W. A. for the
purposes of collective bargaining . The employees in such unit who
were employed by the Company during the pay-roll period next pre-
ceding the issuance of this Direction of Election , including employees
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, shall be eligible to participate in the election.,
(b) The welders' unit
The Welders submitted in evidence at the hearing a list of welders
employed by the Company on August 4, 1938. The Company stip-
ulated that such list, one name being stricken therefrom, contained
the names of all welders employed by the Company as of October
4, 1938. At the hearing the Company agreed to furnish the names
of all welders employed by the Company subsequent to August 4,
1938. Subsequent to the hearing, the Company furnished a list con-
taining the names of 77 welders employed by the Company, together
with a stipulation signed by the Company, the U. A. W. A,, the
I. A. M., and the Welders, stating that the list contained the names
of all welders employed by the Company on October 10, 1938, and
that the same might be incorporated as part of the record in the case.
At the hearing, the Welders introduced in evidence a petition
dated July 12, 1938, signed by 79 persons, stating that they desired to
be represented by the Welders. J. P. Weed, a member and former
plant representative of the Welders, testified that he and the secre-
tary of the Welders had examined the records of the Welders and
that the persons signing the petition were members in good standing
in the Welders as of October 7, 1938, and had paid dues to the
Welders. The names of 75 of the 77 welders employed by the
Company on October 10, 1938, appear on the Welders' petition.
The Company and the U. A. W. A. did not dispute the Welders'
claims as to representation and membership.
We find that the Welders has been designated and selected by a
majority of the welders of the Company, excluding supervisors who
NORTH AMERICAN AVIATION, INCORPORATED 1141
have the authority to hire and discharge, as their representative
for the purposes of collective bargaining. It is, therefore, the
exclusive representative of all such employees for the purposes of
collective bargaining and we will so certify.
Upon tle basis of the above findings of fact and upon 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 North American Aviation, Inc., Inglewood,
California, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. The production employees and the employees in the finished
part stores department, the dispatch and follow-up department, the
electrical maintenance department, the shipping department, the
general plant maintenance department, the inspection department,
the material control-stores department, the flight test and service
department, the tool-design department, and the loft and pattern
section of the factory and general clerical department, of the Com-
pany at its Inglewood, California, plant, exclusive of welders, em-
ployees with the power to hire and discharge, foremen, supervisors,
engineers, police, and office and clerical employees, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
3. The welders employed by the Company at its Inglewood plant,
excluding supervisors who have authority to hire and discharge, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
4. United Aircraft Welders of America is the exclusive representa-
tive of all the employees in such unit for the purposes of collective
bargaining, within the meaning of Section 9 (a) of the National
Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 8, of National Labor
Relations Board `Rules and Regulations-Series 2,
IT IS HEREBY CERTIFIED that United Aircraft Welders of America has
been designated and selected by a majority of the welders, employed by
North American Aviation, Inc., Inglewood, California, excluding
supervisors who have authority to hire and discharge, as their repre-
187930-39-vol 13-73
1142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sentative for the purposes of collective bargaining and that, pursuant
to the provisions of Section 9 (a) of the Act, United Aircraft Welders
of America is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purpose of collective bar-
gaining with North American Aviation, Inc., Inglewood, Califor-
nia, an election by secret ballot shall be conducted within fifteen
(15) 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 Regu-
lations, among the production employees and the employees in the
finished part stores department, the dispatch and follow-up depart-
ment, the electrical maintenance department, the shipping depart-
ment, the general plant maintenance department, the inspection
department, the material control-stores department, the flight test
and service department, the tool-design department, and the loft and
pattern section of the factory and general clerical department, of
North American Aviation, Inc., Inglewood, California, who were
employed by the Company during the pay-roll period next preceding
the issuance of this Direction, including employees who did not work
during such pay-roll period because they were ill or on vacqtion, and
employees who were then or have since been temporarily laid off, but
excluding welders, employees with the power to hire and discharge,
foremen, supervisors, engineers, police, office and clerical employees,
and employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by United
Automobile Workers of America, Local No. 228, affiliated with the
Committee for Industrial Organization, for the purposes of collective
bargaining.
MR. WILLIAM M. LETSERSON took no part in the consideration of the
above Decision, Certification of Representatives, and Direction of
Election.