Republic Aviation Corp.

National Labor Relations Board - Board DecisionsAug 31, 1945

63 N.L.R.B. 770 (N.L.R.B. 1945)

In the Matter of REPUBLIC AVIATION CORPORATION and PLUMBERS LOCAL 775, OF UNITED ASSOCIATION OF JOURNEYMEN, PLUMBERS AND STEAMFITTERS, AFL Case No. 2-R-5-578.-Decided August 31, 1945 Messrs. John J. Ryan and Clayton Ryle , of Farmingdale. N. Y. Mr. Raymond S. Robertson, of Long Island, N. Y . for the Union. Mr. Harold M. Humphreys , of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Plumbers Local 775, of United Association of Journeymen, Plumbers and Steamfitters, AFL, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Republic Avia- tion Corporation, Farmingdale, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Daniel Baker, Trial Examiner. Said hearing was held at New York City on June 28, 1945. The Company and the Union appeared and participated. All parties 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 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 Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Republic Aviation Corporation, a Delaware corporation, operates plants at Evansville, Indiana, and Farmingdale, New York. This proceeding involves the Company's Farmingdale plant, where it is engaged in the manufacture of fighter aircraft for the United States Government. The annual purchases of raw materials used at this 63 N. L. R. B., No. 113. -770 REPUBLIC AVIATION CORPORATION 771 plant' mount in value to more than $1,000,000, of which approximately 50 percent is shipped from points outside the State of New York. For a similar period the approximate value of the products finished at the Farmingdale plant is in excess of $10,000,000, of which more than 50' percent was shipped to points outside the State of New York. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Plumbers Local 775, of United Association of Journeymen, Plumb- ers and Steamfitters, affiliated with the American Federation of Labor, is a labor organization 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 certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.' 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 In substantial accordance with the agreement of the parties and upon the entire record, we find that all pipe fitters, plumbers, and welder-mechanics in the pipe shop of the maintenance department at the Company's Farmingdale plant, excluding all supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recom- mend such action, constitute a unit appropriate for the purposes 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- "The Field Examiner reported that the Union submitted 26 authorization cards ; that the names of 22 persons appearing on the cards were listed on the Company ' s pay roll of May 3, 1945 , which contained the names of 22 employees in the appropriate unit ; and that all the cards were dated in April 1945. 662514-46-vol 63-50 772 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 the 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Republic Aviation Corporation , Farmingdale , New York, 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 super- vision of the Regional Director for the Second 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 , including employees who did not work during the 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 any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election , to determine whether or not they desire to be represented by Plumbers Local 775 , of United Association of Journeymen , Plumb- ers and Steamfitters , AFL, for the purposes of collective bargaining.