United Aircraft Corp.

National Labor Relations Board - Board Decisions

Sep 25, 1941

35 N.L.R.B. 789 (N.L.R.B. 1941)

In the Matter Of UNITED AIRCRAFT CORPORATION and INTERNATIONAL
ASSOCIATION OF MACHINISTS
Case No. R-3017.-Decided September 25, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. C. J. McCarthy, of Stratford, Conn., for the Company.
Mr. Fred Cedarholn, of Bridgeport, Conn., for the I. A. M.
Mr. Anthony Grinaldi and Mr. Loren J. Houser, of New York City,
for the U. A. W.
Mr. William H. Bartley, of counsel to the Board.
DECISION
AND
ORDER
On July 16, 1941, the International Association of Machinists,
affiliated with the American Federation of Labor, herein called the
I. A. M., filed with the Regional Director for the Second Region
(New York City) a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of the
United Aircraft Corporation (Vought Sikorsky Division), herein
called the Company, engaged in the manufacturing of airplanes at
Stratford, Connecticut, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On August
28, 1941, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act and Article III,
Section 3,-of National Labor Relations Board Rules and Regulations-
Series 2, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. On August 20, 1941, the Company, the
I. A. M., International Union, United Automobile Workers of
America (C. I. 0.), a labor organization directly affected by this
investigation, and the Regional Director entered into a "STIPULA-
TION FOR CERTIFICATION UPON CONSENT ELECTION."'
35 N. L. R. B., No. 171.
789
790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation , an election by secret ballot was con-
ducted on September 4, 1941, under the direction and supervision of
the Regional Director , among all production and maintenance em-
ployees, timekeepers , shop, tool crib and stockroom clerks, and dis-
patchers , who were on the pay roll of the Stratford , Connecticut,
plant of the Company during the week ending July 23, 1941 , exclud-
ing executives , general foremen, assistant general foremen , foremen,
employees who spend the major portion of their time in supervision
and lead men who have 12 or more employees under their supervision,
plant protection employees , apprentices , students , trainees , inspec-
tors, pay roll and engineering department employees , and main office
and production office clerical employees , to determine whether or not
they desired to be represented for the purposes of collective bargain-
ing by the I. A. M., or by the U. A. W., or by neither . On Septem-
ber 6, 1941 , the Regional Director issued and duly served upon the
parties an Election Report on the ballot.
In her Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list_______ ____________________________ 3, 843
Total ballots cast_________________________________________ 3,525
Total valid votes cast______________________________________ 3,454
Total votes cast for Lodge No. 763, International Association
of Machinists, A. F. of L____________________ ----------- 997
Total votes cast for United Automobile Workers of America,
C. 1. 0-------------------------------------------------- 1,132
Total votes cast for neither union-------------------------- 1,325
Total blank ballots________________________________________ 4
Total void ballots__________________________________________ 7
Total challenged ballots____________________________________ 60
No objections to the conduct of the election or to the Election Report
have been filed by any of the parties.
Since the counting of the challenged ballots is not essential to deter-
mine the results of this election, it is unnecessary to rule upon them.
The results of the election show that no representative has been
selected by a majority of the employees in the appropriate unit.'
The petition of International Association of Machinists for investi-
gation and certification of representatives of employees of United
Aircraft Corporation (Vought Sikorsky Division), Stratford, Con-
necticut, will therefore be dismissed.
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following:,
1 The stipulation contains the provision , "that if in such election a plurality of the
valid ballots cast are for 'neither union ' there shall be no run-off election and the petition
shall be dismissed."
UNITED AIRCRAFT CORPORATION
FINDINGS OF FACT
' 791
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of United Aircraft Corporation (Vought Si-
korsky Division), Stratford, Connecticut, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All production and maintenance employees, timekeepers, shop,
tool crib and stockroom clerks, and dispatchers employed by the Com-
pany at the Stratford, Connecticut, plant, excluding executives, general
foremen, assistant general foremen, foremen, employees who spend
the major portion of their time in supervision and lead men who have
12 or more employees under their supervision, plant protection em-
ployees, apprentices, students, trainees, inspectors, pay roll and en-
gineering department employees, and main office and production office
,clerical employees, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT Is HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of United Aircraft Corporation
(Vought Sikorsky Division), Stratford, Connecticut, filed by the
International Association of Machinists, be, and it hereby is, dismissed.