Aero Supply Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Dec 18, 1942

46 N.L.R.B. 125 (N.L.R.B. 1942)

In the Matter of AERo SUPPLY MANUFACTURING COMPANY, INC. and
UNITED STEELWORKERS OF AMERICA
Case No. B-4610.-Decided December 18, 1942°
Jurisdiction : aircraft parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition because of alleged existing contract ; contract re-
newed with notice held no bar to a present determination ; election necessary.
Unit Appropriate for Collective Bargaining : all production and. maintenance
employees , with specified inclusions and exclusions ; agreement as to.
,Mr. T. Lowry Whittaker, for the Board.
Mr. Sam J. Irvine and Mr. Harold Cragg, of Corry, Pa.,, for the
Company.
Mr. John W. Grajciar, of Sharon, Pa., for theXSA.
Mr. Paul R. Hutchings and Mr. A. P. Kohlenburg, of Washing-
ton, D . C., and Mr. George R. Nelson, of Jamestown, N: Y., for, the
Machinists.
Mr. Leon Novak, of counsel to the Board.,
DECISION
AND °
,DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United. Steelworkers of America, C. I.
0., herein called the USA, alleging that a question affecting com-
merce had arisen concerning the representation of,-employees of
Aero Supply Manufacturing Company, Inc., Corry, Pennsylvania,
herein called the Company, the National' Labor Relations 'Board
provided for an appropriate hearing upon due notice before Charles
E. Persons, :Trial Examiner. Said.hearing was- held at Erie, Penn-
sylvania, on November 27, 1942. The Board, the Company, the
USA,. and International Association, of Machinists, affiliated' with
the American Federation of Labor; herein called the. Machinists,
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
46 N. L . R. B., No. 20. '
125
126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
at the hearing are free, from prejudicial error and are hereby
affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Aero Supply Manufacturing Company, Inc., is'a New York corpora-
tion with its principal office and place of business in Corry, Penn-
sylvania. The Company is engaged in the manufacture of aircraft'
hardware, such as bolts, turnbuckles and similar, items, in addition to
which it supplies- fuel pumps, valves, engine controls, and various
anits required in the mechanism of aircraft. The ' principal raw,
'materials used in the manufacture of the Company's products' are
steel, brass, and aluminum alloy. During the first 6 months of 1942,
the value- of the raw materials used by the. Company was $1,800;000,
of which approximately 90 percent came from points outside.the
State of Pennsylvania.. During the same period, the Company .sold
'finished, products' ,valued at. approximately $7,885,000, of which 99
percent was shipped to'points outside the'State of Pennsylvania..' The
Company admits that -it is engaged in commerce within the meaning -
of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Uiiited Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations; admitting to member-
ship employees of the Company.
' International Association of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company. - ' -
III. THEiQUESTION CONCERNING REPRESENTATION
On September 2, 1942, the USA. requested the Company to recognize
it as the exclusive bargaining represenative of the employees of. the
Company.' The Company refused for the asserted reason that the I
Company is now operating under a contract with the Machinists and
at.the hearing,.the Company and the Machinists contended that the''
contract is a bar to this proceeding.
On December 22, 1941, the Company and the,Machinists entered
into an exclusive 'bargaining contract covering certain employees of
the Company.' By 'its terms, the contract continued in force for 1
year, and from year to year thereafter unless notice of a contrary-ih-
i
AFRO SUPPLY MANUFACTURING - COMPANY., , INC. 127
tention was given upon 30 days' notice in writing. No notice was
given by either party to the contract prior to the renewal date in 1942.
Between June and September 1942, certain of the Company's employ-
ees became members of the USA. In August 1942, the USA -granted
the membership a charter and on September 2, 1942, as -stated above,
the USA requested recognition as the exclusive bargaining representa-
tive. Since the USA requested recognition more than 30' days prior
to the renewal date, we find that the renewal contract does not con-
stitute a bar to this proceeding. _
A report prepared by the Regional Director and introduced in
evidence at the hearing indicates that the USA represents a substantial
number of the employees in the unit hereinafter found to be
appropriate.'
IV. THE APPROPRIATE UNIT
The-parties are in agreement that the appropriate unit should be the
unit now covered by the contract between the Company, and the
Machinists.
We find that all production and' maintenance employees, including
assistant foremen and watchmen, and excluding policemen, depart-
ment foremen, office workers, clerical employees, and the executive
force, constitute a unit appropriate for the purposes of, collective bar-
gaining, 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
employees in the appropriate unit who were employed during, the
pay-roll period immediately preceding the date of 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
DIREarED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Aero Supply Manufac-
The Regional Director reported that the USA had submitted 944 membership cards
of which 922 bear apparently genuine ' signatures ; that 896 of these cards are the names
of persons whose names are on the Company 's pay roll of October 1, 1942; which contains
the names of 2360 persons within the appropriate unit . The Machinists made no show-
ing, relying on its contention that the contract is a bar to this proceeding.
I
J
128 DECISIONS , OF NATIONAL LABOR RELATIONS BOARD
turing Company,, Inc., Corry, Pennsylvania, 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 Sixth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 10', of said Rules and Regulations, among
the employees in the unit found appropriate in Section IYabove, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
said, pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
any who have since quit or been discharged for cause, to determine
whether they desire to be represented by United Steelworkers of
America, affiliated with the Congress of Industrial Organizations, or
by International Association of Machinists, affiliated with the Amer-
ican Federation of,Labor, for the purposes of collective bargaining,
or by neither. -