Aero Tool Co.

National Labor Relations Board - Board Decisions

Jun 3, 1943

50 N.L.R.B. 84 (N.L.R.B. 1943)

In the Matter of LESTER, ALEX AND ELEANOR DEUTSCH, ' DOING -BUSI-
NESS AS AERO TOOL COMPANY, and AERONAUTICAL, DISTRICT LODGE
No. 22,- INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL.•
Case No. R-5405.-Decided June 3, 1943
Messrs. Philip E. Holzman and Charles Frankel, Jr., of Los
Angeles, Calif ., for the Company.
Mr. Leland G. Hewlett , of'Burbank , Calif., Mr. G. R. Cotton, of -
Los Angeles , Calif., and Mr . Charles W. Hollinshead , of Inglewood,
Calif., for the Union. _
Mrs. Augusta Spaulding , of counsel to the Board.
DECISION
AND
'DIRECTION OF -ELECTION
STATEMENT OF THE CASE -
Upon petition duly filed by the Aeronautical District Lodge
No. 22, International Association of Machinists , AFL, herein called
the Union ; alleging that a question affecting commerce had arisen
concerning the representation of employees of Lester , Alex, and
Eleanor Deutsch, doing business as Aero Tool Company , Burbank,' "
California , herein called the Company ,' the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Daniel J. Harrington , Trial Examiner . Said hearing , was held at
Los Angeles , 'California, on May 20, 1943 . 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 prejudical 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
Lester, Alex and Eleanor Deutsch, doing business as Aero Tool
Company, are engaged in the` manufacture of aircraft riveting
The correct name•ofrthe Company was disclosed at the hearing .. The petition and other'
formal papers are hereby amended to disclose the correct name of the Company.
50 N-. L. R. B.,' No. 18. •
84 - ,
AERO TOOL COMPANY , 85-
equipment. During the year 1912 the chief product purchased by-
the Company for use in its business was steel and machine tools,
valued in excess of $10,000. During the same period the Company
purchased from sources outside California materials valued in
excess of $10,000. In 1942 the Company sold and distributed riveting
equipment, valued in excess of $10,000, and shipped outside California
from its plant products valued in excess of $10,000.
The.Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act. -
II. THE ORGANIZATION INVOLVED
Aeronautical District Lodge No. 22, International Association of
Machinists, is a labor organization affiliated with the American Fed-
,eration of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 24, 1943, the Union asked the Company by letter to recog-
nize it as .bargaining representative for the Company's employees.
The Company did not reply to this communication.
A statement prepared by the Trial Examiner and read into the
record at the hearing indicates that the Union represents a substan-
tial number of employees in the unit herein found appropriate for
bargaining.2 -
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 Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that
all production and maintenance employees of the Company, including
the shop clerical, the shipping department, the production and .stock
control, inspectors, tool crib and stores, and the experimental depart-
ment, but excluding plant engineering, administrative office employees,,
guards, executives, and employees with the right to hire and discharge,
constitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (c) 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 employees
of the Company in the unit found appropriate in Section IV; above,
2 The Union submitted 73 authorization cards ( dated between September 1942 and May
1943, 46 of which appear to bear genuine signatures of employees on the Company's pay
roll of April 27, 1943. There are approximately 140 employees in the appropriate unit.
536105-44-vol. 50--7
86 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD
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 Relations
Act, and pursuant to Article III, Section 9, 'of National Labor Rela-
tions 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 Lester, Alex and
Eleanor - Deutsch, doing business as Aero Tool Company , Burbank,
California , an election by secret ballot shall be conducted as early.as
possible , bu°t not later than thirty (30) days from the date of this
Direction , under the direction and supervision of the Regional Director
for the Twenty-first 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 all employees of the Company-
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 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 employees
who have since quit or been discharged for cause , to determine whether
or not they desire to be represented by Aeronautical District Lodge
No. 22, International Association of Machinists , AFL, for the purposes
of collective bargaining.