Airpath Instrument Co.

National Labor Relations Board - Board Decisions

May 3, 1944

56 N.L.R.B. 236 (N.L.R.B. 1944)

In the Matter of AIRPATH INSTRUMENT COMPANY and INTERNATIONAId_
ASSOCIATION OF MACHINISTS , DISTRICT No. 9, A: 'F. L.
Case No.14-R-912.Decided May 3, 1944
Messrs. W. C. Riley and Nelson "Brunner; of", St. Louis, Mo., for the
Union. 4
Messrs. J. 0. Phelps and George W. Cottrill , of Robertson , Mo.,-for-
the Company. • % ,
Mr. A. Sumner Lawrence , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
District No. 9, A. F. L., herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of,
employees of Airpath Instrument Company, Robertson, Missouri,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Keith W.
Blinn, Trial Examiner. Said hearing was held at St. Louis, Missouri,
on March 29, 1944. The Company and the Union appeared, partici-
pated, 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. All parties were
afforded an opportunity to file Briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Airpath Instrument Company, a Missouri corporation, has its prin-
cipal office and place of business at Lambert Field, St. Louis, Missouri,
where it is engaged in the manufacture, sale,, and distribution of
airplane compasses and other aircraft parts. During the calendar
56 N. L. R. B., No. 47.
e
236
0
AIRPATH INSTRUMENT COMPANY 237
year 1943, the Company purchased for use at its St. Louis plant raw
materials valued at approximately $15,000, of which approximately
30 percent was obtained from points outside the State of Missouri.
During the same period, the Company manufactured and sold finished
products valued at, approximately $200,000, of which approximately
60 percent was shipped from the Company's St. Louis plant to points
outside the State of Missouri.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, District No. 9, is a labor
organization, affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about February 23, 1944, the Union requested that the Com-
pany recognize it as exclusive bargaining representative for the Com-
pany's employees. The Company declined to grant the Union's
request for recognition.,
A statement of a Field Examiner for the Board, introduced in
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
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 substantial accordance with a stipulation of the parties,
that all employees of the Company, including the engineer-draftsman,
but excluding office and clerical employees and supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action,2 constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
I The Field Examiner reported that the Union had submitted 28 designations dated Febru-
ary 1914, of which 22 bore the apparently , genuine original signatures of persons whose names
are on a current pay' roll of the Company , containing 46 names within the claimed appro-
priate unit
2 Excluded under the category . of supeivisoi y employees are _ the president , vice presi-
dent , production manager, and manager of the gear division.
I
238 DECISIONS OF ' NATIONAL LABOR RELATIONS BOARD
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 our Direction of
Election herein, subject to the limitations and additions set forth
therein. - ,
It is requested by the,Company that employees -who are members
of the armed forces of the United States be permitted to vote by mail.
The Union opposes the Company's request. -In accordance with our
established policy, recently affirmed after a full review of the reasons
in support thereof,3 we shall deny the Company's request and permit
to vote-only those employees on military, leave who present themselves
in person at the polls.
DIRECTION OF ELECTION -
i By virtue of and pursuant to the power vested dn' 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, it is hereby '
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Airpath Instru-
ment Company, Robertson,-Missouri, 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 Fourteenth 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 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 va-
cation, 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 those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior
to the date of the election; to determine whether or not they desire
to be 'represented by International Association of Machinists, Dis-
trict No. 9, A. -F. ,L., for the purposes of collective bargaining. -
See Matter of Mine Sarety , Appliance Co, Gallery Plant, Gallery, Pa, 55 N L R B
1190.