United Aircraft Products, Inc.

National Labor Relations Board - Board Decisions

May 29, 1942

41 N.L.R.B. 501 (N.L.R.B. 1942)

i
In the Matter Of UNITED AIRCRAFT PRODUCTS, INC. and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT^AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, C. I. O.
Case No. B-3776. -Decided May 29, 194
Jurisdiction : airplane parts and equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition until certified by Board; election
necessary.
Unit Appropriate for Collective Bargaining : all timekeepers held to constitute
a separate bargaining unit despite sole union's contention that they be added
to a production and maintenance unit previously found appropriate by the
Board.
Mr. James G. Manley, of Cincinnati, Ohio, for the Company.
Mr. F. J. Holt, of -Dayton, Ohio, for the United.
Mr. Frederic B. Parkes, and, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union , United Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
CIO, herein called the United, alleging that a question affecting
commerce had arisen concerning the representation of employees of
United Aircraft Products , Inc., Dayton , Ohio, herein called the Com-
pany, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Alba B . Martin, Trial
Examiner. Said -hearing was held at, Dayton , Ohio, on April 28,
1942. The Company and the United 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
prejudicial error and are hereby affirmed.
41 ti L. R. B., No. 100.
501
0
502 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
United Aircraft Products, Inc., an Ohio corporation with its prin-
cipal office and plant in Dayton, Ohio, is engaged in the manufac-
ture of parts and equipment for airplanes. Approximately 75 per-
cent of the raw materials used at the Dayton plant comes from
outside the State of Ohio. During the course of a year, sales of
products of the Company exceed 5 million-dollars in value. Ap-
proximately 95 percent of such sales are made, and the products are
shipped, directly to customers outside the State of Ohio. Of the 600
employees of the Company's Dayton plant, 9 are concerned with
the instant proceeding.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers Of America, is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to .membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 24, 1941, the Board issued its Decision and Direction
of Election 1 finding that all employees of the Company, with the
exception of sales and office employees, foremen, supervisory em-
ployees having the right to hire and discharge, timekeepers, and engi-
neering employees constitute an appropriate unit, in accordance with
the stipulation of the parties. On January 10, 1942, the United was
certified as the statutory representative of those employees.2 On
March 27, 1942, the Company and the United entered into a collective
bargaining contract governing such employees.
In a conference with the Company on February 15, 1942, the United
,claimed to represent a majority of the Company's timekeepers and
requested that the Company recognize the United as the bargaining
agency for those employees. - The Company refused to grant' such
,recognition until the Board certified the United as the statutory
representative of the timekeepers.
'United Asrcraft Products , Inc and International Union, United Antoniobile. Aircraft,
and Agricultural Implement Workers of America , C 1 0, and Local Union 785 Thereof,
36 N. L. R. B . 1198.
2 3SN L R B 153
UNITED AIRCRAFT PRODUCTS, INC. ' 503
A statement' of the Trial Examiner made at the hearing indicates
that the United represents a 'substantial number of employees in the
unit hereinafter found to be appropriate.3 '
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.
I\'. THE APPROPRIATE UNIT
The United contends that timekeepers should be added to the unit
previously found to be appropriate by the Board.4 The Company
contends that timekeepers should be excluded from that unit because
they perform managerial functions and are confidential employees.
The timekeepers work under the supervision of the chief timekeeper
in the plant among the production employees. After punching the
time clock in the morning, the timekeepers check the time clock cards
of the plant's employees, noting employees who were late and com-
piling a list of absentees. They next check the overtime worked by
the employees of the preceding shift, comparing their job time cards
against their clock cards. Every production employee keeps a job
time card for each operation he performs, listing the number of
articles he works on and the amount of time consumed 'by such work.
The timekeepers check the total hours shown by each employee's job
time cards against the total of hours given by his time clock card;
they also ascertain if his piece-work tabulation conforms to the
amount of work being done in his department.
After checking the overtime, the timekeepers make their rounds
'to see that employees are supplied with job time cards and are filling
them out correctly. They collect the cards and send them to the cost
department. If an employee is absent or is working, on an operation
different from his job classification, the timekeepers consult the fore-
man. They also report to the foremen employees who are constantly
late but do not recommend discipline.. After lunch, the timekeepers
repeat the routine described above, checking first those 'employees
returning late from lunch and those who have left for the day, making
their rounds, and comparing job time cards against the time clock
cards.
The timekeepers are paid on an hourly rate basis, as are all produc-
tion and maintenance workers. Foremen and office clerks are paid
on a salary basis. We- find nothing in the duties of the timekeepers
8 The United submitted to the Trial Examiner nine authorization cards, of which eight
were dated between June and December 1941 and one was undated. The Trial Examiner
stated that all cards bore apparently genuine and original signatures , eight of which
were names of persons on the Company 's pay roll There are nine employees within the
unit found below to be appropriate.
See footnote 1, supra
504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
set forth above to warrant depriving them of their rights to self-
organization and collective bargaining guaranteed employees under
the Act. They clearly do not perform the functions of managerial
or confidential employees. On the other hand, we are of the opinion
that they should not be included in the unit of production and main-
tenance employees recently found to be appropriate.5 We therefore
find that all timekeepers of the Company's Dayton, Ohio, plant con-
stitute 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-
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 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 part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with United Aircraft
Products, Inc., Dayton, Ohio, 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 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 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 that 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 International Union, United Automobile, Aircraft
and Agricultural Implement Workers of America, CIO, for the
purposes of collective bargaining.
O See footnote 1, supra.
In the Matter Of UNITED AIRCRAFT PRODUCTS, INC. and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, C. I. O.
Case No. R-3776
CERTIFICATION OF REPRESENTATIVES
June 07, 1942
On May 29, 1942, the National. Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding."
Pursuant to the Direction of Election, an election by secret ballot
was conducted on June 12, 1942, under the direction and supervision
of the Regional Director for the Ninth Region (Cincinnati, Ohio).
On June 13, 1942, the Regional Director, acting pursuant to Article
111, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series 2,'as amended, issued and duly served upon the parties
his Election Report. No objections to the conduct of the ballot or
the Electon Report have been filed by any_ of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total on eligibility list---------------------------------- 8
Total ballots cast---------------------------------------- 7
Total ballots challenged---------------------------------- 0
Total blank ballots--------------------------------------- 0
Total void ballots---------------------------------------- 0
Total valid votes counted--------------------------------- 7
Votes cast for International Union, United Automobile, Air-
craft & Agricultural Implement Workers of America,
C.I. 0-1 ------------------------------------------------ 6
Votes cast against International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America,
C.I. 0------------------------------------------------- 1
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
141 N. L. R B. 501.
41 N. L. R. B., No. 100a.
505
506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY CERTIFIED that International Union; United Automo-
bile, Aircraft and Agricultural Implement Workers of America,
CIO, has been designated and selected by a majority of the time-
keepers of United Aircraft Products, Inc., Dayton, Ohio, as their
representative for the purposes of collective bargaining, and that
pursuant to Section 9 (a) of the Act, International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, CIO, is the exclusive representative of all, such employees for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.