United Aircraft Products, Inc.

National Labor Relations Board - Board Decisions

Nov 24, 1941

36 N.L.R.B. 1198 (N.L.R.B. 1941)

In the Matter of UNITED AIRCRAFT PRODUCTS , Iwo.' and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT, AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, C. I. O., AND LOCAL UNION 785 THEREOF 1
Case No. R-3167-Decided November 24, 1941
Jurisdiction : airplane parts and equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition because of existing contract with rival union ;
contract shortly to expire not asserted as a bar, no bar to ; election necessary.
Unit Appropriate for Collective Bargaining : all employees at the Company's
Dayton, Ohio, plant, except sales and office employees, foremen, supervisory
employes having the right to hire and discharge, timekeepers, and engineering
employees ; separate departmental unit requested by one of the unions involved
held inappropriate.
Mr. J. D. Chamberlain, of Dayton, Ohio, for the Company.
Mr. N. L. Smokier and Mr. Maurice Sugar, of Detroit, Mich., and
Mr. F. J. Holt, of Dayton, Ohio, for the C. I. O.
Mr. Robert F. Youmg, Mr. John G. Witte, Mr. John Loudon, and
Mr. Ediward C. Bennett, of Dayton, Ohio, for the A. F. of L. Unions.
Mr. Edmund Misner, of Dayton, Ohio, for Department No.' 2.
Mr. Gerard J. Manack, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 25, 1941, International Union, United Automobile, Air-
craft, and Agricultural Implement Workers of America, Local Union
785, affiliated with the C. 'I. 0., herein called the C. I. 0., filed with
the Regional Director for the Ninth Region (Cincinnati, Ohio) a'peti-
tion alleging that a question affecting commerce had arisen concerning
the representation of 'employee's of United Aircraft Products, Inc.,
Dayton, Ohio,'herein called the Company, andirequestilig an investiga-
tion and certification of representatives pursuant to Secti6ri:9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
1 The caption in this proceeding originally named only Local 785, but was amended by
agreement at hearing, to include the name of the International Union
36 N L. R. B., No. 245.
1198
UNITED AIRCRAFT PRODUCTS, INC. - 1199
On October 8, 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 October 11, 1941, the Regional Director. issued a notice of"hear-
ing, copies of which were duly served upon the Company and upon
'the C. I. O. Copies were also duly served upon International Associ-
ation of Machinists, Local 225 thereof, and Local 5, Metal Platers'
Polishers', Buffers', and Helpers', International Union, labor organi-
zations affiliated with the American Federation of Labor, herein
called the A. F. of L. Unions, claiming to represent employees
directly affected by the investigation. Pursuant to notice, a hearing
was held on October 16, 1941, at Dayton, Ohio, before Alba B. Martin,
the Trial Examiner duly designated by the Chief Trial Examiner.
The Company, the C. I. 0., and the A. F. of L. were represented by
counsel and participated in the hearing.
At„the,"h'earing;_ one Edmund P1-isner, 'claiming to represent all
the employees of the Company's Department No. 2, in its Dayton
plant, consisting of screw-machine operators, boromatic-machine op-
erators, and inspectors, orally moved to intervene on their behalf.
The Trial Examiner reserved ruling on the motion for the Board.
The motion is hereby granted. The group on whose behalf Misner
appeared is herein called Department No. 2.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties. During the course of the hearing, the Trial Examiner
made ,various rulings, on-motions and, objections; to,the admission of
evidence. The. Board has reviewed all the rulings of the Trial Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
United Aircraft Products, Inc., an Ohio corporation with its prin-
cipal office and plant in Dayton, Ohio, is engaged in the manufacture
of .parts and equipment for airplanes. This proceeding involves only
employees of the' Company's Dayton plant. Approximately 75 per-
cent of the raw materials used at the Dayton plant come from outside
- the State of Ohio. During the course of a year, sales of "products of
the plant exceed 5 million dollars in value. Approximately 95
' 1200 DECISIONS OF- NATIONAL LABOR RELATIONS BOARD
,percent of such: sales --are=made ,Ì€-anti htlie" p''roducts' shipped, `d-irectly to
customers outside the State of 'Ohio. The Cor6pany-eniploys approx-
imately 600 persons at its Dayton plant. '
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft, and Agricul-
tural Implement Workers of America, Local Union 785, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company at its Dayton
plant.
Local 225 of the International Association of Machinists is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company at its Dayton
plant.
Local 5 of the Metal Platers', Polishers', Buffers', and Helpers'
International Union is a labor organization affiliated with the Ameri-
can Federation of Labor, admitting to membership employees of
the Company at its Dayton plant.
Department No. 2 is a 'labor, organization admitting to member-
ship employees of the Company in Department No. 2 of its Dayton
plant.'
III. THE QUESTION CONCERNING REPRESENTATION
On January 21, 1941, the Company entered unto a contract with
the A. F. of L. Unions, recognizing them jointly as the exclusive
bargaining representative of all the employees of the Company in
its. Dayton plant, except sales and office employees, foremen and
supervisors having the right to hire and discharge, timekeepers, and
engineering' employees. By its terms, the contract is effective until
January 12, 1942, and thereafter, unless amended or changed pur-
suant-to 30 days' notice. At the hearing, however, the C. I. 0., the
A. F. of L. Unions, and the Company stipulated that the contract
will expire on January 12, 1942.
On August L'1941, the C. I. O. requested exclusive recognition
as the bargaining agent for said employees, stating that it repre-
sented a majority. The Company denied this request, stating it
was bound to recognize the A. F. of L. Unions as such until the
expiration of the above-mentioned contract. At the hearing, how-
2 During the period of 2 months prior to the hearing, the employees of Department No. 2
had organized by holding three meetings, adopting bylaws, and electing officers During
that period , however , they neither attempted to bargain with the Company nor sought
recognition At the liearmg; however , Misner claimed a place on the ballot in their behalf
It thus appears that they desire to function.through.representatives for,the,purposes of col-
lective bargaining and-compnse a labor organization within the meaning of Section 2
,(5) of the Act .
UNITED AIRCRAFT PRODUCTS, INC. 1201
ever, neither the Company nor the A. F. of L. Unions contended that
the contract constitutes a bar to an election. On the contrary they
and the C. I. O. stipulated that an election should be held.
At the hearing Department No. 2 claimed the right to represent
employees of that department separately for the purposes of col-
lective bargaining with the Company.
A statement by a Field Examiner of the Board, introduced at the
hearing, discloses that the C. I. O. represents a substantial number
of employees in the unit hereinafter found to be appropriate.3 The
A. F. of L. Unions relied on their contract to show substantiality of
interest. A statement by the Trial Examiner at the hearing shows
that Department No. 2 represents a substantial number of employees
in the unit it claims to be appropriate 4
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
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The contention of Department No. 2 is that separate representation
should be granted employees of that department as skilled, "preci-
sion" workers. The department employs 71 persons. The record
does not reveal in what respects, other than that they comprise a
single department, these employees differ from or are more skilled
than other employees in the plan. It was disclosed, however, that
approximately half of the employees of Department No. 2 had
been members of the A. F. of L. Unions which achieved the cur-
'The C I 0 submitted 444 signed application-for-iiicmbersliip cards, dated from May
1941, to and including September 1941, of which 439 appeared to bear genuine, of iginal
signatures Further, 392 of the names on said cards appealed on the Conpa n)'S pay roll
of September 19, 1941, which contained 606 names
'Department No 2 submitted tNso pages of yellow tablet paper, beaiing no date, the
caption of the first of which is "If von inc in tavor of trying to get our own bargaining
agreement and not beuiq, affiliated with any other union, sign name below" The tvvo
pages beai 60 signatures, all of which appear to be genuine, original signatures, and 63
of which appear on the pay ioll of Department No 2 for September 8 1941, which cat nod
the names of 71 emploiees listod as Sciew Machine Operators, Boromatic Machine
Operators, and Inspectors in Department No 2
4 i1118-42-vol '16-77
1202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rent contract between the Company and the A. F. of L.5 In view
of the past history of collective bargaining in the Dayton plant
of the Company, and the lack of sufficient showing in the record
to support the claim for separate representation, we find that the
unit sought to be established by Department No. 2 is not appropriate
for the purposes of collective bargaining.
On the other hand, we find, in accord with a stipulation en-
tered into by the Company, the C. I. 0., and the A. F. of L. Unions
at the hearing, that all employees working for the Company at its
Dayton plant, except sales and office employees, foremen, super-
visory employees having the right to hire and discharge," timekeepers,
and engineering employees, constiute a unit appropriate for the
purposes of collective, bargaining, and that said unit will insure
to the said employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise ef-
fectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved in an election by secret ballot. It was
stipulated at the hearing by the Company, the C. I. 0., and the
A. F. of L. Unions that an election should be held between December
5, 1941, and December 19, 1941, and that the pay roll for the week
ending November 22, 1941, should be used to determine eligibility
to vote. It was further stipulated that the two A. F. of L. unions
involved should have one place on the ballot, • and appear thereon
as .American Federation of Labor or A. F. of L. We see no reason
to alter the agreement of said parties. We shall accordingly direct
that an election be conducted during the period from December 5,
1941, to December 19, 1941, inclusive, and that the employees of
the Company eligible to vote shall be those in the appropriate unit
who were employed during the pay-roll period next preceding Novem-
ber 22, 1941, subject to the limitations and additions set forth in
the Direction. Our Direction will provide for the designation of
the A. F. of L. Unions upon the ballot as the American Federation
of Labor.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
Jhsner testified that these employees "had a grievance with the A F of L, and
decided to pull away from it "
6
The Company, the C I. O , and the A F of L agreed that the exclusion of supervisory
employees covers E 0 Kantner and' Joseph V Aldoia
UNITED AIRCRAFT PRODUCTS, INC. 1203
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees at the Dayton, Ohio, plant of United Air-
craft Products, Inc., within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees at the Dayton, Ohio, plant of the Company,
except sales and office employees, foremen, supervisory employees
having the right to hire and discharge, timekeepers, and engineering
employees, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the National
Labor Rehitions Act.
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 Re-
lations Act, 49 Stat. 449, 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 part of the investigation authorized by the Board'
to ascertain representatives for the purposes of collective bargain-
ing with United Aircraft Products, Inc., Dayton, Ohio, an election
shall be conducted during the period from December 5, 1941, to
December 19, 1941, inclusive, under the direction and supervision of
the Regional Director for the Ninth 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 all'
employees of the Company at its Dayton, Ohio, plant, who were
employed by the Company during the pay-roll period next preceding
November 22, 1941, including employees who did not work during
such pay-roll period because they were ill or on vacation or in active
military service or training of the United States, or temporarily laid
off, but excluding sales and office employees, foremen, supervisory
employees having the right to hire and discharge, timekeepers, and
engineering employees, and employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by International Union, United Automobile Aircraft, and
Agricultural Implement Workers of America, Local Union 785, af-
filiated with the C. I. 0., or by the American Federation of Labor,
for the purposes of collective bargaining, or by neither.