Tennessee Aircraft, Inc.

National Labor Relations Board - Board Decisions

Nov 13, 1942

45 N.L.R.B. 589 (N.L.R.B. 1942)

In the Matter of TENNESSEE AIRCRAFT, INC. and AERo LODGE 735,
INTERNATIONAL ASSOCIATION OF MACHINISTS (A. F. OF L.).
Case No. R-1457.Decided November 13, 1942
Jurisdiction : aircraft parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize petitioner until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including truck driver and employees in department called "Mate-
rial, Stockroom Clerks, Tool Chasers, etc.", but excluding administrative, super-
visory and clerical employees, timekeepers, guards, inspectors, shipping and
receiving clerks, and the nurse.
Mr. Al. A. Prowell, for the Board.
Mr. John J. Hooker and Mr. K. Harlan Dodson, of Nashville, Tenn.,
for the Company.
Mr. James F. Leahy, of Knoxville, Tenn., and Mr. J. ll. Shelton, of
Nashville, Tenn., for the Union.
Mr. Seynwur J. Spelman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMIrNT OF THE CASE
Upon petition duly filed by Aero Lodge 735, International Associa,
tion of Machinists (A. F. of L.), herein called the Union, alleging that-
a question affecting commerce had arisen concerning the representation
of employees of Tennessee Aircraft, Inc., Nashville, Tennessee, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before James C. Batten, Trial
Examiner. Said hearing was held at Nashville, Tennessee. on October
27, 1942. The Company and the Union appeared, 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 preju-
dicial error and are hereby affirmed.
45 N. L R B., No. 85.
589
590 DECISIONS OF -NATIONAL LABOR RELATIONS. BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Tennessee Aircraft, Inc., a Tennessee corporation, having its office
and plant in Nashville, Tennessee, is engaged in the manufacture and
sale of aircraft parts. During the first 10 months of 1942, the Com-
pany purchased raw materials valued at approximately $70,000, about
15 percent of which was shipped to its Nashville plant from points
outside the State of Tennessee. During the same period, the Company '
produced finished products valued at more than $100,000, approxi-
mately 98 percent of'which was shipped to places outside the State of
Tennessee.
II. THE ORGANIZATION INVOLVED
Aero Lodge 735, International-Association of Machinists is a labor
organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION, CONCERNING REPRESENTATION
On August 27 and September 15, 1942, the Union wrote to the Com-
pany, requesting recognition as the exclusive bargaining agent for
the Company's production and maintenance employees, stock clerks
and inspectors. The Company made no reply to these letters. At
the hearing, the Union was permitted to amend its petition to exclude
inspectors from the desired unit, and the Company then stated that its
position was unchanged; that it would not recognize the Union with-
out certification by the Board.
A statement of a Field Examiner, introduced in evidence at, the
hearing, shows that the Union represents a substantial, number of
employees 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 National Labor
Relations Act.
IV. THE APPROPRIATE -UNIT11
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees, including the truck driver
I The Field Examiner stated that the Union submitted 150 authorization cards, all
bearing apparently original signatures and, except for 14 undated cards, dates from June
to September 1942. Of these, 101 bear the apparently genuine signatures of persons whose
names appear on the Company's pay roll of October 1, 1942, which contains 257 employees
in the appropriate unit.
TENNESSEE AIRCRAFT, INC. 591'
and employees in the department called "Material, Stockroom
Clerks, Tool Chasers, etc," but excluding administrative, super-
visory and clerical employees, timekeepers, guards, inspectors, ship-
ping and receiving clerks and the nurse, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
,Section 9 (b) of the Act.2
V. THE DETERMINATION OF REPRESENTATIVES
The Union requested that eligibility to vote be determined by refer-
hence to the pay roll ending September 15, 1942. Since no sufficient
reasons appear for departing from our customary practice, 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 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 Tennessee Air-
,craft, Inc.; Nashville, Tennessee, 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 Tenth Region, acting in this matter
as agent for the National Labor Relations Board and subject to
Article III, Section 10, 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 any such employees who did not
work during said 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 any who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by Aero Lodge 735, International Association of Ma-
chinists (A. F. of L.), for the purposes of collective bargaining.
The Company stated that it expects to establish a new department which will be
devoted to making time , cost and engineering studies. Since this department is not yet
in existence , we make no determination in this proceeding in respect to the inclusion
or exclusion of these prospective employees.