Anderson Air Activities

National Labor Relations Board - Board Decisions

Apr 22, 1953

104 N.L.R.B. 306 (N.L.R.B. 1953)

306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ANDERSON AIR ACTIVITIES and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT and AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, C.I.O., Petitioner.
Case No. 14-RC-2113. April 22, 1953
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Walter A.
Werner, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby
affirmed.i
Pursuant to the provisions of Section 3 (b) of the Act, the
Board has delegated its powers in connection with this case to
a three -member panel [Chairman Herzog and Members Houston
and Murdock] .
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in the sale of aircraft and air-
craft accessories in Wisconsin and in the operation of the
Malden Air Base at Malden, Missouri. It operates the Malden
Air Base under a t:ost-plus-fee contract with the United States
Air Force for the purpose of training flying cadets. During
1952, the Employer purchased and received directly from out-
side the State of Missouri, supplies and equipment valued
at approximately $150,000. In addition, it received supplies
valued at approximately $ 57,000, indirectly from outside the
State. During this period, the United States Air Force reim-
bursed the Employer for services rendered in an amount in
excess of $3,000,000, exclusive of fees.
We find that, even considering the Malden operation separate -
ly, the Employer is engaged in commerce within the meaning
of the Act and that it will effectuate the policies of the Act to
assert jurisdiction.:,
2. The labor organization involved claims to represent
certain employees of the Employer.
3. A question affecting commerce exists concerning the
representation of employees of the Employer within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks to represent at the Malden Air
Base a unit of all maintenance employees, excluding office and
other clerical employees, mess operations employees, guards,
fire department employees, professional and technical employ-
ees, and supervisors. The Employer agrees generally with the
proposed unit, except that it would include fire department
t The hearing officer reserved for the Board ruling on the admissibility of the Employer's
proposed exhibit 8 , a statement of employment policies applicable to hourly paid employees.
The Petitioner objected to its admissibility upon the ground that the exhibit was an attempt
to establish in documentary form what it could not otherwise establish . The objection is
hereby overruled and the document is admitted in evidence.
Z Westport Moving and Storage Company, 91 NLRB 902; Hawthorne School of Aeronautics,
98 NLRB 1098.
ANDERSON AIR ACTIVITIES 307
employees , mess operations employees, and plant clerical
employees.; There is no history of collective bargaining.4
The Employer gives flight training to Air Force cadets at
the Malden Air Base under contract with the United States Air
Force. It operates the field, maintains all facilities, and gives
ground and flight training and instruction. Operations are
divided among the following departments: Base 'maintenance,
mess operations , ground transportation , security, fire, air-
craft maintenance, supply, airfield operations, training, and
message.
The parties disagree as to the placement of the following
employees. The Employer would include and the Petitioner ex-
clude them.
Mess Operations Department Employees
Under its contract with the Air Force, the Employer is re-
quired to feed the cadets. It does this in its messhall. Feeding
time is synchronized with flight operations. In addition to the
messhall, the Employer operates a canteen adjacent to the
flight line . Food is served in the canteento all personnel. Em-
ployees working in the messhall and canteen include cooks,
bakers, meatcutters , storekeepers , waitresses , and dish-
washers. We believe that these employees have interests re-
lated to those of other employees in the unit. We shall there-
fore include them therein.5
Fire Department Employees
There are about 22 firemen. Their primary duty is to be
available to render aid in case of airplane accidents. They are
normally stationed adjacent to landing strips while flying is in
progress. In addition, they repair, inspect, replace, service,
and seal all fire extinguishers on the base, including those in
aircraft. They also help maintain the high octane gasoline
storage tanks. We find that these firemen are not guards within
the meaning of the Act and shall include them in the unit.;
a The parties stipulated to the exclusion of the following classifications of employees:
Academic director, assistant academic director, academic instructors, job training instruc-
tors, chief dispatcher, assistant chief dispatcher, chief parachute rigger, tower operator,
assistant tower operator, meteorologists, aircraft inspectors, pilot instructors, Link training
instructors, flying safety supervisors, club employees, PX employees, iefr'.geration and
electronics engineer, clerk in security department, and secretary to the supply manager.
40n June 4, 1952, the Petitioner entered into a consent-election agreement covering a unit
substantially like that requested by the Employer. The results of the election were set aside
because of the conduct of the Employer. The Petitioner subsequently withdrew its petition
and filed the present one. An agreement of the parties on an appropriate unit for the purposes
of a consent election is not binding on the Board in a later proceeding, when the unit issue is
litigated. Memphis Cold Storage Warehouse Company, 91 NLRB 1404.
5 Hawthorne School of Aeronautics, 98 NLRB 1098. The parties agree that the chief steward,
chef, and junior chef are supervisors within the meaning of the Act. The parties agreed to the
exclusion of club and PX employees. The Employer did so because individuals working in
these establishments are not its employees.
,Hawthorne School of Aeronautics, supra. The parties have agreed that the fire marshal,
shift commanders, assistant shift commanders, and crew chief lieutenants are supervisors.,
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Clerical Employees
Stenographer in base engineer ' s office: This individual, also
known as a work order clerk , shares an office with the assistant
base engineer . She receives messages about things that go
wrong about the base andprepares requisitions for correctional
work to be done, which she gives or sends to the appropriate
foreman . She also maintains personnel files for employees in
her department and types letters for the base engineer. About
three -fourths of her time is spent filing and typing.
Clerk in mess operations department : This person has an
office adjacent to that of the chief steward , who is in charge of
mess operations department . She types menus after consulta-
tion with the chef, prepares requisitions for supplies from the
supply department , writes letters to off -base suppliers, and
prepares weekly inventories by checking food stores in the
refrigerator storehouse.
Clerk -typist in motor pool office : This employee works in
the motor pool office together with the supervisor of ground
transportation . His primary function is to dispatch vehicles.
He also maintains records of work performed on vehicles,
keeps a daily record of vehicles dispatched , and issues trip
tickets.
Time clerks in aircraft time section : There are seven time
clerks who work in the office of the chief aircraft inspector in
the parts , labor , and maintenance hangar . They work from
5 p.m. to 1:30 a .m., performing clerical work on plane logbooks.
One time clerk works during the day keeping historical records
of aircraft and engines . The clerks who work during evening
hours are supervised by an aircraft inspector , the day time
clerk is supervised by the chief aircraft inspector.
Senior stenographer to director of aircraft maintenance:
This employee works in the office and under the supervision of
the director of aircraft maintenance . He maintains various
records pertaining to personnel , aircraft , and supply matters.
He also handles confidential correspondence of the director
relating to the wage level or wage conditions of hourly paid
employees in the department.
Clerks in stock record section of supply department- The
stock record section is located in the supply office bui lding. It
is in charge of a stock control technician . The clerks in the
section maintain a cardex recordkeeping system of all supplies
and equipment on the base . They also type supply requisitions.
Clerk-typist in building 741: This clerk shares a small
office with the warehouse foreman in building 741. She main-
tains supply records and also handles issuance of some lumber
and building materials . Her work had previously been done by
a storekeeper , an agreed inclusion in the unit.
Clerk -typist in building 742: This individual works in the
receiving section of warehouse building 742. She works in an
office together with the supervisor in charge , two military
airmen , and a supply and receiving clerk . She controls the
vouchers for the receipt of property , prepares bills of lading,
the information for which she receives from storekeepers,
ANDERSON AIR ACTIVITIES 309
receiving clerks, and in-checkers, and gathers information to
prepare monthly summaries of property handled.
Technical order distributor in supply department: This
individual works in the aircraft maintenance office together
with an officer and a group of sergeants . She requisitions and
distributes technical orders, stock catalogues of Air Force
material, and special publications.
Stenographer- clerk in flying safety section: The stenog-
rapher-clerk in this section shares an o ice in the base
operations building with two flying safety supervisors, who are
excluded from the unit. The safety supervisors are concerned
with flight safety matters. The stenographer-clerk notifies the
safety supervisors of accidents, and types their accident investi-
gation and other reports.
Clerk in link training section: This clerk works in the office
of the chief link training instructor. She acts as secretary to
the chief link training instructor, types requisitions for sup-
plies, maintains supply and other files, and schedules cadets
for appointments with link training instructors.
Clerks in academic section : The academic section gives
academic training to cadets and on-the -job-training to me-
chanics. In connection with the schoolwork, the clerks in this
section type course and study outlines and examinations, record
grades of students, and mimeograph material for the entire
base.
PBX and switchboard operators: The switchboard is located
in a locked section of the administration building. The operators
handle all telephone, teletype, and Western Union communica-
tions. They also coordinate the crash system. They are super-
vised by a senior operator.
Mail clerks: There are two clerks working in the base post
office. They sort mail, keep records of location of personnel,
and rent post office boxes owned by the Employer.
Messenger: The messenger drives a truck with which he
picks up and delivers mail at the post office in the city of
Malden, Missouri. He also helps the mail clerks with sorting
of mail, delivers the mail throughout the base, and collects
and delivers interoffice communications and papers.
Time clerks in airfield operations department: The students'
time section, which is supervised by the chief dispatcher, is
located in the base operations building. The time clerks in this
section keep the flying time records of students and instructors.
They obtain their information from dispatch sheets turned in
by the dispatchers.
Dispatchers: The dispatchers work in blisters located along
the flight line. Their major duty relates to the proper utilization
of aircraft by students and instructors. The dispatchers also
keep records of student flying activities. They issue to flyers
such equipment as radio headsets, seat cushions, and flash-
lights for night flying.
We find that, of the foregoing clerical employees, the fol-
lowing are either office clerical employees or have interests
283230 0 - 54 - 21
310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
linking them to such employees:T Stenographer in base en-
gineer's office, time clerks in aircraft time section, senior
stenographer to director of aircraft maintenance, clerk-typist
in motor pool office, dispatchers,8 clerks in stock record
section of supply department, technical order distributor in
supply department, stenographer-clerk in flying safety section,
clerk in link training section, clerks in academic section,
PBX and switchboard operators , mail clerks, and time clerks in
airfield operations department. We. shall exclude them from the
unit. 1 11
We find that the following are plant clericals and shall in-
clude them in the unit: Clerk in mess operations department,
clerk-typist in building 741, clerk-typist in building 742, and
messenger.
We find that the following employees constitute aunt appro-
priate for the purposes of 'collective bargaining within the
meaning of Section 9 (b) of the Act:
All employees of the Employer at the Malden Air Base,
Malden, Missouri , including mess-operations departmentem-
ployees, fire department employees, clerk in mess operations
department, clerk-typist inbuilding 741, clerk-typist inbuilding
742, and messenger, but excluding office clerical employees,
academic director , assistant academic director , academic
instructors , job training instructors , draftsman , chief dis-
patcher, assistant chief dispatcher, chief parachute rigger,
hangar chief, assistant line chief, foreman-mechanic, chief
time clerk , tower operator, assistant tower operator, mete-
orologists , aircraft inspectors , pilot instructors , link training
instructors , flying safety supervisors , club employees, PX
employees , refrigeration and electronics engineer , clerk in
security department, secretary to supply manager, chief
steward, chef, junior chef, fire marshal, shift commanders,
assistant shift commanders , crew chief lieutenants , stenog-
rapher in base engineer's office, time clerks in aircraft time
section, senior stenographer to director of aircraft main-
tenance, clerks in stock record section of supply department,
technical order distributor in supply department, stenographer-
clerk in flying safety section, clerk in link training section,
clerks in academic section, PBX and switchboard operators,
mail clerks, time clerks in airfield operations department,
clerk-typist in motor pool office, dispatchers , guards, pro-
fessional employees , and supervisors as defined in the Act.9
[Text of Direction of Election omitted from publication.]
7 Hawthorne School of Aeronautics . supra
8 Auto Transports , Inc., 100 NLRB 272.
9 There is a hospital on the base which, at the time of the hearing , was staffed by Air Force
and civil -service employees , except for a janitor who is furnished by the Employer. The
Employer expects to take over the operation of the hospital , but the date of takeover and the
table of organization have not been established . In these circumstances , we are not presently
able to make any determination of the unit of placement of employees who may be employed
in the hospital in the future . The hospital janitor, as an employee of the Employer , is included
in the unit.