Simmonds Aerocessories, Inc.

National Labor Relations Board - Board Decisions

Jul 8, 1942

42 N.L.R.B. 179 (N.L.R.B. 1942)

In the Matter of SIMMONDS AEROCESSORIES, INC and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, CIO, LOCAL 698
In the Matter of SIMMONDS AEROCESSORIES, INC and METROPOLITAN
CHAPTER 31, FEDERATION OF ARCHITECTS, ENGINEERS, CHEMISTS
& TECHNICIANS-CIO
In the Matter of SIM11ONDS AEROCESSORIES, INC. and AEROCESSORIES
INDEPENDENT ASSOCIATION
Cases Nos. R-3846, R-3847, and R-3848, respectively.Decided
July 8, 1940
Jurisdiction aeronautical engineering equipment manufacturing industry
Investigation and Certification of Representatives . existence of question stipu-
lation as to refusal of Company to recognize petitioners until certified by the
Board, elections necessary
Unit Appropriate for Collective Bargaining : elections ordered to determine
whether purchasing, accounting, personnel, production planning, general
clerical and stenographic, supply receiving, and stock control employees, guards,
and the remaining production, maintenance, drafting, and designing employees
of the Company shall constitute a single unit or two separate units
Breed, Abbott ct Morgan, by Mr Thomas E. Kerwin, of New
York City, for the Company
Mr. Nathan Witt, of New York City, for the CIO Unions
Mr John F X Landrigan, of New York City, for the Independent.
Mr Frederic B Parkes, 2nd, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT' OF THE CASE
Upon petitions duly filed by Inteinational Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
CIO, Local 698, and Metropolitan Chapter 31, Federation of Archi-
tects, Engineers, Chemists & Technicians, CIO, herein respectively
called the UAW and Chapter 31 and sometimes collectively called
the CIO Unions, and by Aerocessories Independent Association,
herein called the Independent, alleging that questions affecting com-
42N L R B,No 38
179
180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
merce had arisen concerning the representation of employees of
Simmonds Aerocessoiies, Inc , New York City, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before 'James C. Paradise, Trial
Examiner Said hearing was held at New York City on May 21,
1942 The Company, the CIO Unions, and the Independent 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 made at the
hearing are free from prejudicial error and are hereby affirmed On
June 9, 1942, the Company filed a brief which the Board has con -
sidei ed
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Simmonds Aerocessories, Inc, a New York corporation, is engaged
in the business of designing and manufacturing specialized _ aei o-
nautical engineering equipment, parts, insti uments, and accessories.
It maintains a general executive and sales office in New York City,
factories at Long Island City, New Yoik, and Vergennes, Vermont,
a general office, toolroom, and laboratory at Long Island City, New
Yoik, and a factory and sales office at Los Angeles, California The
present proceeding is concerned solely with the employees of the
Company's New York City and Long Island City offices and factory
During the 6 months' period preceding March 25, 1942, the Company
purchased raw materials valued at approximately $200,000,' a sub-
stantial portion of which was shipped to it from points outside the
State of New York During the same period of time, the Company
sold finished products valued at $500,000, of which approximately
95 percent was sold and shipped to points outside the State of
New York The Company employs approximately 136 non-super-
visory employees at its New York City and Long Island City offices
and factory. i
The Company admits that it is engaged in commerce within the
meaning of the Act
H THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, Local 698, and Metropolitan Chap-
ter 31, Federation of Architects, Engineers, Chemists & Technicians,
are labor organizations affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
SIMMONDS AEROCESSORIES, INC 181
Aeiocessories Independent Association is an unaffiliated labor or-
ganization, admitted to membeiship employees of the Company
III THE QUESTION CONCERNING REPRESENTATION
The CIO Unions and the Independent have requested the Company
to recognize them as the collective bargaining representative of the
Company's employees within the unit which each labor organization
urges to be appropriate In each instance, the Company has iefused
to grant such recognition until the labor organizations are certified by
the Board
A statement of the Regional Director introduced into evidence in-
dicates that the UAW, Chapter 31, and the Independent each repre-
sents a substantial number of employees within the units they claim
to be apps oprlate 1
We find that questions affecting commerce have aiisen 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 UAW and Chapter 31 jointly contend that all production,
maintenance, drafting, and designing employees of the Company's
Long Island City and Hunters Point plants, including tool, die, and
jig fixture makers, shipping and receiving employees, tool crib em-
ployees. and test operators, but excluding purchasing, accounting,
personnel, production planning, general clerical and stenographic,
supply receiving, and stock control employees, guards, executives, and
supervisory employees, constitute an appropriate unit 2 The Inde-
pendent seeks a unit composed of all employees of the Company's
New York City office, Hunters Point plant, and Long Island City
plant, with the exception of executives and supervisors The Com-
pany claims that a single industrial unit composed of all production,
maintenance, office, and technical employees is appropriate
'The UAW submitted to the Regional Director 55 authorization cards dated as follows
42 in December 1941, 8 in January 1942, 1 in February 1942, and 4 undated The Regional
Director reported that all cards hole apparently genuine and original signatures of which
43 were the names of persons on the Company's pay roll of March 21, 1942
Chapter 31 submitted to the Regional Director 9 application cards, of which 7 were
dated in January 1942, and 2 were undated The Regional Director reported that all
cards bore apparently genuine and oiiginal signatures, all of which were names of persons
on the Company's pay roll of March 21, 1942 There are approximately 69 employees
V itbin the unit jointly urged by the CIO Unions
The Independent submitted to the Regional Director 87 application cards of which 5
were undated and 82 were dated in March 1942 The Regional Diiector reported that
all the signatures were apparently original and genuine, and that 83 of the signatures
were names of persons on the Company s pay roll There are approximately 136 em-
pio3ees in the unit urged by the Independent
2 The unit sought originally by the UAW in its petiton embraced the production and
maintenance employees of the Company s Long Island City plant but was combined by
amendment at the hearing with the unit sought by Chapter 31, which initially had pro-
posed a unit of designing and drafting employees of the Company's Ilunteis Point plant
182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company's New York City offices consist of the executive and
general sales offices In addition to the executive and managerial
staff, seven stenographic and secretarial employees are here employed
The Hunters Point plant is divided into three departments, namely,
the general office, the engmeeiing laboratoiy, and the toolroom, all of
which are housed on the sane floor The genei al office is concerned
with purchasing, accounting, and personnel functions, employing be-
tween 25 and 35 cleiical employees Theengineering laboratory per-
foi ms all drafting, designing, and experimental work in connection
with the parts and accessories produced by the Company at its fac-
tories Tools, dies, jigs, and fixtures for the Company's factories are
made in the toolroom At the Long Island City plant, which is ap-
proximately 11/2 miles from the Hunters Point plant, the products of
the Company are manufactured and assembled It appears that all
the employees here engaged are production and maintenance workers
with the exception of three clerical employees and three guards
Employees are frequently interchanged among the Company's offices
and plants
The CIO Unions have not solicited membership among those clas-
sifications of employees whom the CIO Unions would exclude from
their unit The Independent, on the other hand, commenced its initial
organizational activities among the clerical employees and later ad-
mitted to membership the pi oduction and maintenance workers
From the foregoing, it appears that the purchasing, accounting,
personnel, production planning, general clerical and stenographic,
supply receiving, and stock control employees and guards, whom the
Independent desires to represent, might be merged in a single unit
with all production and maintenance employees or might properly
constitute a separate bargaining unit In this situation, we believe
that the desire of these employees themselves is the chief factor to
be considered in determining whether they shall constitute a separate
unit or become part of a larger unit 3 We shall dii ect that two elec-
tions be held, one among the production, maintenance, drafting, and
designing employees of the Company's Long Island City and Hunters
Point plants, including tool, die, and jig fixture employees, shipping
and receiving employees, tool crib employees, and test operators, to
determine whether they desire to be represented by the CIO Unions,
by the Independent, or by neither, and the other among the purchas-
ing, accounting, personnel, production planning, general clerical and
stenographic, supply receiving, and stock control employees and
guar ds of the Company's New York City office, Hunters Pont plant,
and Long Island City plant, to determine whether or not they desire
to be represented by the Independent If the employees voting in the
8 See Matter of The Globe Machine and Stamping Co and Metal Polishers Union, Local
No 4, International Association of Machinists, District No 54, Federal Labor Union 18788,
and United Automobile Workeis of Anneiice, 3 N L R B 294, and subsequent cases
SIMMONDS AEROCESSORIES, INC 183
two elections select the same representative , they will constitute a
single appropriate unit If they choose different repiesentatives, they
will constitute two separate and distinct appropriate units
V THE DETERMINATION OF REPRESENTATIVES
The CIO Unions urge the use of the pay roll of April 25, 1942, to
deteimine eligibility to vote The Company and the Independent
stated no position as to the pay roll to be used for that purpose We
find no reason to depait from our customaiy practice and shall ac-
coidingly direct that the employees of the Company eligible to vote
in the elections shall be those who were employed duiing the pay-roll
peiiod immediately pieceding the date of the Direction of Elections
herein, subject to such limitations and additions hereinafter set forth
in the Direction
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Boaid 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, as amended, it is
hereby
DIRECTED that, as pait of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with S uninonds Aerocessories, Inc , New Yoi k City, elections by seci et
ballot shall be conducted as early as possible, but not later than thirty
(30) days fiom the date of this Direction, under the direction and
supei 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, Section 9, of said Rules and Regulations, among
the employees of the Company in each of the groups described below
who were employed during the pay-roll period immediately pieced-
ing the date of this Dii ection of Elections, including employees who
did not work during such pay-roll period because they were ill or on
vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding executives, supeivisory
employees, and employees who have since quit or been discharged for
cause
(1) All production, maintenance, drafting, and designing em-
ployees of the Company's Long Island City and Hunters Point plants,
including tool, die, arid jig fixture makers, shipping and receiving
employees, tool crib employees, and test operators, to determine
whether they desire to be represented by International Union, United
Automobile, Aircraft & Agricultural Implement Workers of America,
184 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
Local 698, and Metropolitan Chapter 31, Federation of Architects,
Engineers, Chemists & Technicians, affiliated with the Congress of
Industrial Organizations, or by Aerocessories Independent Associ-
ation, for the purposes of collective bargaining, or by neither; and
(2) All purchasing, accounting, personnel, production planning,
general clerical and stenographic, supply receiving, and stock control
employees and guards of the Company's New York City office, Hunt-
ers Point plant, and Long Island City plant to determine whether or
not they desire to be represented by Aerocessories Independent Asso-
ciation for the purposes of collective bargaining _