Aircooled Motor Corp.

National Labor Relations Board - Board Decisions

Sep 20, 1945

63 N.L.R.B. 1043 (N.L.R.B. 1945)

In the Matter of AIRCOOLED MOTOR CORPORATION and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA (U. A. W.-C. I. 0.)
Case No. 3-R-10/6.Decided September 20, 19.15
Messrs. Melvin c6 Melvin, by Mr. James R. Skahen, of Syracuse,
N. Y., for the Company.
Messrs. George Rigney and Gene Drumm, both of Syracuse, N. Y.,
for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers, of America
(U. A. W.-C. I. O.), herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Aircooled Motor Corporation, Syracuse, New York, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Eugene Von
Wellshelm, Trial Examiner. Said hearing was held at Syracuse,
New York, on July 25 and 26, 1945. The Company, and the Union
appeared and participated. All parties were afforded full opportu-
nity to be heard, to examine and cross-examine witnesses, and to in-
troduce evidence bearing on the issues. The Company moved on sev-
eral occasions at the hearing for a dismissal of the instant proceeding.
For reasons stated below,' and set forth in Sections II, III, and IV,
the motions are hereby denied. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board.
1 The Company asserted , inter alas , in support of its motions , that on the second day of
the hearing , a report indicating that the Union represented a majority of the Company's
employees appeared in the local newspaper and that this report is prejudicial to the con-
duct of a proper election . we find no merit in this assertion.
63 N. L. R. B, No. 160.
662514-46-vol 63 67 1043
1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Aircooled Motor Corporation, a New York corporation, operates
a plant at Liverpool, New York, with which we are solely concerned
herein, where it is engaged in the manufacture of aircraft engines and
ordnance fuses. During the year preceding July 1, 1945, the Company
used at its Liverpool plant raw materials valued in excess of $500,000,
of which more than 75 percent was obtained from points outside the
State of New York. During the same period, the Company manu-
factured finished products valued in excess of $1,000,000, of which
more than 90 percent represented shipments to points outside the
State of New York.
The Company admits'that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TH] ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations , is a labor organization admitting to mem-
bership employees of the Company.2
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representatives of certain of its employees
until the Union has been certified by -the Board in an appropriate
unit.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit it alleges to be appropriate.'
2 The Company contended at the hearing that the Union is the International , and not a
local thereof , and is, therefore , not qualified to represent employees of a designated
employer This contention is clearly without merit.
2 The Field Examiner reported that the Union submitted 266 authorization cards and
that there are approximately 750 employees in the unit sought by the Union
In its brief, as well as at the hearing , the Company raised the issue of the sufficiency
of the Union ' s interest among the employees in the unit , which it seeks and among the
employees in the units which the Company would consider as appropriate It requested
(1) an inspection of the Union ' s designations ; ( 2) a break -down of these designations
into ( a) the number signed by persons excluded by the parties , ( b) the number signed by
persons in disputed classifications , ( c) the number signed by ordnance department workers,
and (d ) the number signed by engine department workers, and (3) a new statement
setting forth this information These requests are denied . The Company misconceives
the purpose of the Field Examiner ' s statement with respect to the Union ' s showing of
AIRCOOLED MOTOR CORPORATION 1045
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. TIIE APPROPRIATE UNITS
The Union seeks a unit comprised of all production and mainte-
nance employees of the Company's Liverpool plant, including em-
ployees of the ordnance department, junior clerks, experimental
assemblers, endurance testers, experimental machinists, tool crib em-
ployees, production tool room' employees, firemen, and inspectors
(grades A, B, and C), but excluding pattern workers, counsellors,
time study men, engineers, draftsmen, chauffeurs, dynamo meter
testers, nurses, cafeteria personnel, salesmen, production control em-
ployees (except stock movers and store attendants), shop clerks,
stock clerks, timekeepers, plant-protection personnel, tool designers,
pilots, airport mechanics, office employees, foremen, assistant fore-
men, leadmen, and all other supervisory employees within the Board's.
customary definition. In addition to disputing the inclusion of cer-
tain categories, hereinafter discussed, the Company contends that the
ordnance department is composed of temporary employees who
should not be included within the same unit as its other employees.
The Company, which is ndrmally engaged in the production of air-
craft engines, has, comparatively recently, added an ordnance depart-
ment to its operations for the purpose of manufacturing fuses under
a war contract which is expected to terminate in April 1946. The
ordnance department is located in a separate wing of the Company's
plant which is leased by the Company from the United States Govern-
ment. The approximately 500 employees engaged in the ordnance
operations 4 consist of a nucleus of older workers formerly employed
in the Company's engine operations, and a large number of new em-
ployees hired solely for the purpose of producing fuses. The older
workers are persons who would have been separated from the Com-
pany's employ had not the ordnance operations been undertaken, and
it appears that the employment of almost all the employees presently
engaged in the ordnance operations will be terminated upon the com-
pletion of the-contract. The ordnance operations are repetitive in
nature, and require, in general, less skill than the engine operations.
There is little interchange of personnel between the two operations and,
interest in representation proceedings. Such showing is an administrative matter, not
subject to direct or collateral attack, and is used solely for the purpose of affording the
Board reasonable assurance that a substantial number of employees desire representation.
Cf Matter of Amos Thompson Corporation, 48 N. L R. B 423; Matter of Seneca Falls
Machine Company, 58 N. L. R B. 1413. We are of the opinion'that the Union submitted
evidence of substantial interest among the employees of the Company.
' There are about 250 employees in the Company' s engine operations.
1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
because of the nature of the products, little integration of work. These
circumstances, we are convinced, outweigh factors indicating the feasi-
bility of a single unit comprised of the employees of both operations,'
and lead to the conclusion that the ordnance workers should be repre-
sented for collective bargaining purposes in a unit separate front the
engine workers.e
As noted above, issues exist with respect to certain categories of
employees whom the Union would include and the Company would
exclude. We-turn, therefore, to a consideration of these categories: '
Junior clerks': The Company employs approximately 15 junior
clerks, most of whom have their headquarters in the general office, and
all of whom are salaried employees carried on the office pay roll. These
employees run errands, carry mail, and perform related tasks. We are
of the opinion that the duties, conditions of employment, and interests
of these employees do not warrant their inclusion within a production
and maintenance unit, and we shall therefore exclude them.
Experimental assemblers, experimental machinists, and endurance
testers: The Company employs between 14 and 18 experimental as-
semblers and endurance testers, who, it asserts, are confidential em-
ployees. These employees assemble and test experimental motors un-
der the direction of the Company's engineers. They are hourly paid
workers who perform their duties in a room adjoining the assembly
room in the plant. -The experimental machinists, who the Company
also contends are confidential employees, perform machine work from
drawings of experimental engines. However, when not so occupied,
they have performed regular production work, such as the machining
of crank cases. The working conditions of all three categories of
employees are similar to those of regular production workers. The
mere fact that the major portion of their work is performed on ex-
perimental models rather than on general production work does not
warrant a finding that they are confidential employees within the
meaning of our usual definition. We shall include them.7
Tool crib employees: The Company maintains several tool cribs
located in various departments of the plant. Each of them is attended
by a person who keeps a perpetual inventory of stock and tools, and by
other employees who receive and hand out these items. These em-
ployees are hourly paid and are responsible to the master mechanic,
working under conditions of employment identical to those of the
5 The record indicates that the Company has a single personnel office which hires em-
ployees for both operations The maintenance employees of the Company service both
operations . Several general foremen, as well as top management, exercise supervisory
authority over both operations Both groups of employees are hourly paid, receive the
same overtime rates, have the same hours of work , are entitled to the same vacation
piivileges , and perform their duties under the same working rules.
"See Matter of Bethlehem -Alameda Shipyard , Inc. et al , 53 N L R B 999 , 1003-4
7 See Matter of Republic Aviation Corporation , 54 N L R. B 539 , 543-4 But cf.
Matter of Creamery Package Manufacturing Company, 34 N L R B 108, 110.
AIRCOOLED MOTOR CORPORATION 1047
regular production and maintenance workers. We shall include
them.8
Production tool room employees: These employees make and repair
tools, jigs, fixtures, and gauges. They are hourly paid workers, work-
ing under conditions of employment identical to those of the regular
production and maintenance employees. We shall include them.
Firemen: These hourly employees operate the Company's boilers
and have interests in common with production and maintenance em-
ployees. We shall include them.'
Inspectors, grades A, B, and C: The record indicates that these
employees perform the duties usual to their classification. However,
grades A and B inspectors have authority to make effective recom-
mendations affecting the status of the employees whose work they in-
spect. Thus, as a result of recommendations made by these inspectors,
employees have been shifted to other work, and their wages reduced.
The grade C inspectors have no such authority. We shall exclude
inspectors, grades A and B, since they possess supervisory authority
within the meaning of our customary definition, but we shall include
inspectors, grade C.
We find, therefore, that the following groups of employees of the
Company's Liverpool plant constitute units appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act :
1. All ordnance workers, including experimental assemblers, en-
durance testers, experimental machinists, tool crib employees, produc-
tion tool room employees, firemen, and grade C inspectors, but ex-
cluding pattern makers, counsellors, time-study men, engineers, drafts-
men, chauffeurs, dynamo meter testers, nurses, cafeteria personnel,
salesmen, production control employees (except stock movers and store
attendants), shop clerks, stock clerks, timekeepers, office employees,
plant-protection personnel, tool designers, pilots, airport mechanics,
inspectors (grades A and B), foremen, assistant foremen, leadmen,
and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action.
2. All remaining production and maintenance employees, including
experimental assemblers, endurance testers, experimental machinists,
tool crib employees, production tool room employees, firemen, and
grade C inspectors, but excluding pattern makers, counsellors, time-
study men, engineers, draftsmen, chauffeurs, dynamo meter testers,
nurses, cafeteria personnel, salesmen, production control employees
(except stock movers and store attendants), shop clerks, stock clerks,
8 See Matter of Ideal Roller & Manufacturing Company, 60 N. L. R B. 1105
9 See Matter of Palmer-Bee Company, 60 N. L R B. 972.
1048 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
timekeepers, office employees, plant-protection personnel, tool de-
signers, pilots, airport mechanics, inspectors (grades A and B), fore-
men, assistant foremen, leadmen, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise.
effect changes in the status of employees, or effectively recommend
such action.
V. TIIE DETERMINATION OF REPRESENTATIVES
The Company and the Union ask that the employees of the Com-
pany now in the armed forces of the Nation be permitted to vote. For
reasons stated in Matter of Mine Safety Appliance Co., 55 N. L. R. B.
1190, we shall allow those employees in the armed forces of the United
States who appear in person at the polls to vote.
We shall direct that, the question concerning representation which
has arisen be resolved by elections by secret ballot among the employees
in the appropriate units who were employed during the pay-roll period
immediately preceding the date of the Direction of Elections herein,
subject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTIONS '
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 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for 'the purposes of collective- bargaining with Aircooled Motor
Corporation, Syracuse, New York, two elections 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 Third Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the units 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 dur-
ing said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but exclud-
ing any who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the elections, to deter-
mine whether or not they desire to be represented by International
Union, United Automobile, Aircraft & Agricultural Implement
Workers of America, affiliated with the Congress of Industrial Organ-
izations, for the purposes of collective bargaining.