Avco Corp.

National Labor Relations Board - Board Decisions

Dec 9, 1968

173 N.L.R.B. 1199 (N.L.R.B. 1968)

AVCO LYCOMING DIV. 1199
Avco Lycoming Division , Avco Corporation and Inter-
national Union , United Automobile , Aerospace
and Agricultural Implement Workers of America,
UAW, Petitioner. Cases 2-RC-14801 and
2-RC- 14803
December 9, 1968
DECISION AND ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING AND ZAGORIA
Upon petitions duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held in this consolidated proceeding before
Hearing Officer Haywood E. Banks of the National
Labor Relations Board. The Employer and Petitioner
filed briefs.
Pursuant to the provisions of Section 3(b) of the
Act, the Board has delegated its powers in connection
with these cases to a three-member panel.
The Hearing Officer's rulings made at the hearing
are free from prejudicial error and are hereby af-
firmed.
Upon the entire record in these cases, the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The labor organization involved claims to repre-
sent certain employees of the Employer.
3. No question affecting commerce exists con-
cerning the representation of employees of the
Employer within the meaning of Sections 9(c)(1) and
2(6) and (7) of the Act, for the following reasons:
The Employer, a Delaware corporation with an
office and plant located in Stratford, Connecticut, is
engaged in the development and manufacture of gas
turbine aircraft engines and their components, con-
stant speed drives, and missile components. There are
approximately 9700 employees at the Employer's
Stratford plant, of which approximately 4600 are
represented by Local 1010, UAW, in a production
and maintenance unit including plant clericals. Ap-
proximately 530 employees are represented by Local
376, UAW, in a unit of office clerical and technical
salaried employees' excluding, inter alia, experi-
mental and developmental employees.
In Case 2-RC-14801 Petitioner seeks initially a
unit of all Senior, A, B, and C Developmental Test
Technicians in the engineering subdepartments LSA
1, LSD 2, 3, 5, and 7, LSE 3 and 4, and all Senior, A,
B, and C Developmental Assembly Technicians in the
engineering subdepartment LSA 2. As an alternative,
Petitioner seeks separate units of the Senior, A, B,
and C Developmental Test Technicians in each of the
engineering subdepartments LSA 1, LSD 7, LSE 3,
LSE 4; of those in the combined subdepartments LSD
2, 3, and 5; and of the Senior, A, B and C
Developmental Assembly Technicians in LSA 2. As a
second alternative Petitioner asks that an election be
held among the aforesaid employees as a single group
to determine whether they wish to be included in the
unit currently represented by Local 376, UAW.
In Case 2-RC-14803 Petitioner seeks a separate
unit of all employees in the engineering subdepart-
ments 2, 11, and 12 YS in the area occupied by those
subdepartments on the second floor of building 3A,
excluding persons represented by Local 1010, UAW,
and asks that, in the event that a majority of the
employees vote for representation by Petitioner, they
be included in the unit currently represented by Local
376, UAW.
The Employer contends that the petitions should
be dismissed on the ground, inter alia, that the units
sought are inappropriate in that they include some
but not all of the unrepresented technical employees
in the Employer's engineering department.
Technical Employees Sought by Petitioner
On the basis of the facts found below we conclude
that the Senior A, B, and C Developmental Test
Technicians and the Senior, A, B, and C Developmental
Assembly Technicians sought by Petitioner in Case
2-RC-14801, and that the Bill of Materials Men in
subdepartments 2, 11, and 12 YS sought by Peti-
tioner in Case 2-RC-14803 are technicial em-
ployees.
The Developmental Test Technicians,2 who popu-
late various engineering subdepartments, are required
to have a knowledge of aircraft engine testing
methods and procedures equivalent to 4 years of high
school and specialized training of up to 2 years. Their
functions include preparing both the instruments and
components for the testing procedures; planning and
conducting the tests; observing the recognizing equip-
ment and component malfunctions and failures;
making necessary adjustments and repairs; and record-
ing data. In performing their functions these Test
Technicians work from sketches and blueprints, evalu-
ate data, prepare records, and operate machine and
hand tools. They work from general instructions and
are required to exercise initiative and ingenuity.
I The technical salaried employees included in this unit are engaged
in product improvement , i e , the testing of products that are in the
production stage of the Employer's operation
2 The Senior , A B, and C Developmental Test Technicians perform
basically the same functions , they differ primarily in knowledge,
experience , and the complexity of functions performed , the Senior
173 NLRB No. 185
Technician occupying the highest level This is equally applicable to the
Senior, A, B , and C Developmental Assembly Technicians It appears
that the Senior Technicians are not classified by the Employer as being
"Test " or "Assembly " technicians , but, with this exception, the
foregoing is a correct characterization of the various technicians
1200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Developmental Assembly Technicians, who
populate engineering subdepartment LSA 2 , are re-
quired to have a knowledge of aircraft engine as-
sembly and service methods, and the ability to work
from sketches and blueprints and to use precision
measuring instruments and aircraft engine tools, all
equivalent to 4 years of high school and 2 years of
specialized training . Their functions include the
assembly and disassembly of the turbine engine, the
measuring of components , recognition and recorda-
tion of the physical reaction of the components to
the testing procedures , the performance of emergency
repair on components , and the maintenance and
repair of test equipment . They are required to use
ingenuity and to suggest solutions to any problems
that may arise in the performance of their duties.
The Bill of Materials Men, who populate engi-
neering subdepartments 2, 11, and 12 YS, are
required to have a broad knowledge of material
controlling methods and procedures equivalent to 4
years of college with a major in accounting , business
administration and other industrial organization
courses. Their job is to break down the engineering
blueprints into the actual material or hardware, to
make the initial determination regarding whether to
manufacture or to purchase the hardware, and to
coordinate the delivery dates with the requirements
of the other engineering subdepartments.
The facts set forth above establish that these
employees perform work of a technical nature involv-
ing the use of independent judgment and requiring
the exercise of specialized training usually acquired in
colleges or technical schools or through special
courses. We therefore find that they are technical
employees.3
Technical Employees Excluded by Petitioner
We further conclude on the basis of the facts found
below that the Senior Technicians , Mock-Up Special-
ists, Draftsmen , Electronic Development Technicians
and Laboratory Technicians A, B, and C , who work in
various subdepartments of the engineering depart-
ment but who are neither currently represented nor
included in the requested units, are also technical
employees.
1. Senior Technicians are assigned to engineering
subdepartments entitled Experimental Constant
Speed Drive ( 13E), Missile Systems Development
(250Z ), and Electronic Development Laboratory
(16E). They are required to have the same training
and qualifications , to perform comparable functions,
and to exercise the same degree of initiative and
ingenuity as the Senior Technicians included in the
unit requested in Case 2-RC- 14801.
2. The Mock-Up Specialists work in the same
engineering subdepartment (LSA 2) as the Develop-
mental Assembly Technicians included in the unit
requested in Case 2-RC-14801 . Working from both
verbal and written instructions , they are engaged in
the fabrication , assembly and alteration of com-
ponent and engine mockups. Their functions require a
broad shop knowledge of mathematics and of fabrica-
tion and assembly methods, a practical knowledge of
parts and assembly design , and the ability to handle
precision measuring instruments . Their objective is to
insure the manufacture of an efficient , practical and
easily serviceable engine. In accomplishing this objec-
tive the Mock-Up Specialists must recognize , investi-
gate, and analyze any problems which arise or may
arise from design of the engine and its components,
and recommend solutions to these problems. The
Mock-Up Specialists are required to have the equiva-
lent of 4 years of high school and 4 years of trades
training , with 4 or 5 years of experience in this field.
3. The Draftsmen work in subdepartment LSA 1
with included Developmental Test Technicians, as
well as in LSB I comprised entirely of excluded
employees . Draftsmen are required to have a knowl-
edge of mechanical drawing techniques equivalent to
2 years' technical college training specializing in
engineering drawing, calculus , descriptive geometry,
and strength of materials . Their duties involve the
preparation of working details and minor layout
drawings of engine components , and providing assist-
ance in determining whether process , material and
tolerance requirements are in strict conformance with
specifications.
4. The Electronic Development Technicians are
located in subdepartment 16E. They are required to
have a thorough knowledge of electronic circuits and
their application to the Employer 's products, and of
the working properties of ferrous and non-ferrous
materials, equivalent to 4 years of high school and 2
years of college . They are engaged in the design,
development , building and maintenance of electronic
testing devices. They are expected to use initiative
and ingenuity in the performance of their job in
suggesting new devices or the modification of pre-
sently existing devices.
5. The Laboratory Technicians A, B, and C, in
subdepartment LSA 3, are required to have a general
knowledge of chemistry and physics equivalent to 4
years of high school and 2 years of college plus 1 to 5
years' experience . These technicians perform physical
and chemical analyses on raw materials, and semi-
finished and finished parts to determine whether or
not they are suitable for fabrication and operation as
called for in the specifications . They subsequently
prepare reports in which they discuss the results of
3 Litton Industries of Maryland , Incorporated, 125 NLRB 722, The
Sheffield Corporation, 134 NLRB 1101
AVCO LYCOMING DIV. 1201
the tests and draw conclusions and make recom-
mendations as to the accuracy of the tests and the
necessity for further tests. They are also concerned
with devising new testing methods.
We find that the above facts establish that these
Senior Technicians, Mock-Up Specialists,' Drafts-
men,' Electronic Development Technicians,' and
Laboratory Technicians A, B, and C' are technical
employees. It is therefore clear that the requested
units are composed entirely or substantially of techni-
cal employees, and yet exclude other technical
employees some of whom, Senior Technicians, hold
the same classification and perform the same or
similar functions, and some, Mock-Up Specialists and
Draftsmen, work in the same subdepartments, as do
the included employees.
Other excluded technical employees-the Elec-
tronics Development and Laboratory Technicians and
the Draftsmen in LSB 1 for example-work in sub-
departments which are functionally integrated with
those of included employees, as fully described below.
Departmental Integration
The employees sought by Petitioner populate 11
subdepartments out of approximately 29 in the
engineering department. While all subdepartments of
the engineering department can be grouped in three
basic categories-(1) Control, which is engaged in the
planning and administrative functions,' (2) Develop-
mental, which is engaged in the actual development of
the Employer's products, and (3) Support, which
develops and/or provides the materials, tools and
testing equipment necessary for the development of
the product-the Employer's engineering department
is a functionally integrated operation directed toward
the research and development of products, of which
the following is illustrative:
The Development Subdepartments
The developmental process of the engineering
department is put into motion by the submission of
an idea to a meeting of scientists who develop an
approach calculated to accomplish this idea. The
approach, in the form of a rough sketch, is submitted
to the Mechanical Design (LSB 1) subdepartment,
where an original design, as well as test cells,9 are
created. This drawing is then forwarded to the En-
gineering Material Control subdepartment (2 YS),
where it is broken down into the actual material or
hardware required. The specifications for the material
or hardware are then drawn up and the decision to
buy or manufacture is made by the Bill of Materials
Men referred to above. This same subdepartment
(2 YS), in conjunction with the Material Procurement
subdepartment (11 YS), and the Inventory Control
and Fuel subdepartment (12 YS), the 3 subdepart-
ments whose employees constitute the unit requested
in Case 2-RC-14803, subsequently receive and
disburse the material and hardware to the appropriate
testing sub-departments.
Tests on the materials and components are there-
after conducted by Laboratory Technicians A, B, and
C in the Materials Development Laboratory (LSA 3);
and by Senior, A, B and C Developmental Test
Technicians in the Component Test subdepartments
Fuel Control (LSD 2), Aerodynamic Development
(LSD 3), and Mechanical and Developmental Stress,
(LSD 5), as well as by these same classifications in the
Functional and Engine Test subdepartment (LSE 3),
the Flight Test subdepartment (LSE 4), and the
Experimental Constant Speed Drive subdepartment
(13E). The Technicians in all of these subdepartments
are engaged in testing work of a technical nature
involving basically the same type of process. The unit
requested in Case 2-RC-14801 includes all except
those in LSA 3 and 13E, which it excludes. The
functions performed by the excluded personnel in
13E relate to the development of the constant-speed
drive component which appears to be in the nature of
a special project rather than an integral part of the gas
turbine engine. This is also true of the work of a
group of excluded Senior Technicians in another
special project type development subdepartment
(250Z), Missile Systems Development. Nonetheless,
the techniques of development used in 13E and
250Z are similar in nature to those used by
requested employees in LSD 2, 3, 5.
After design criteria with respect to performance
have been attained, the components are released to
the Experimental Engine Assembly subdepartment
(LSA 2), where the total engine is assembled by the
Developmental Assembly Technicians, whose training
and functions are described above and who are
included in the Case 2-RC-14801 unit. The engine is
then forwarded to the Functional and Engine Test
subdepartment (LSE 3) where it is run to check the
total performance by some of the requested Develop-
mental Test Technicians.
The above process may be repeated several times,
first to work out any flaws, incorporating changes and
preparing the engine for a flight rating program
conducted by requested Developmental Test Techni-
4 Litton Industries of Maryland, Inc., supra.
5 Allis-Chalmers Manufacturing Company-Pittsburgh Works, 128
NLRB 87
6 Westinghouse Electric Corporation (Naval Reactors Facility), 137
NLRB 332.
7 Ibid.
8 The record is vague as to the employee complement of the
engineering subdepartments in Control , but a population of engineers,
high-level administrators , and clericals is indicated.
9 The test cell is a room containing the testing instruments produced
and/or supplied by the support subdepartments for use in developing
the gas turbine engine and its components . In connection with the test
cell, there is a control room containing that part of the instrumentation
from which the actual test readings are taken.
1202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
clans in the Flight Test subdepartment (LSE 4), and
then with the object of developing a production item.
The Support Subdepartments
Testing of the components and of the engine in the
several stages of development is facilitated by em-
ployees in the support subdepartment Test Facilities
(LSA 1), who together with employees in the
development subdepartment referred to above,
Mechanical Design (LSB 1), design the test cells.
Other support subdepartments, Electronic In-
strumentation Laboratory (LSD 7), Electronic De-
velopment Laboratory (16E), sometimes in con-
junction with the development subdepartments, de-
velop, build, rework and maintain the test rigs and
test equipment. Additional support subdepartments
are Tool Design (2 and 8 YT); Engineering Repro-
duction (LSA 7), Quality Control (56Q); and Con-
figuration Control (LSE 2). Of this entire support
group, only Developmental Test Technicians popu-
lating Test Facilities subdepartment (LSA 1) and the
Electronic Instrumentation Laboratory (LSD 7) are
included in the Case 2-RC-14801 unit. Among
those excluded are Senior Developmental Test Tech-
nicians and the Electronic Development Technicians
in the Electronic Development Laboratory (16E). All
of these employees are engaged in essentially the same
operations-the construction, repair, installation, cali-
bration and maintenance of electrical components,
recorders and measuring devices which are used both
in included subdepartments LSD 2, 3, and 5, LSE 3
and 4, and in excluded 13E.
Additional Functional Integration
Integration of the various engineering subdepart-
ments also involves the exchange of information and
the performance of functions by technicians in
subdepartments other than those to which they are
assigned. For example, included technicians in Test
Facilities (LSA 1) coordinate the test facility require-
ments of the various development test subdepart-
ments. These employees also work with excluded
Mechanical Design (LSB 1) employees in designing
the test rigs. Further, included Engine Assembly (LSA
2) employees supply information, obtained while
performing assembly, disassembly and rework in the
various development subdepartments, to the excluded
LSB 1 employees for their use in continually revising
component and engine designs. Along this same line,
both included Electronics Instrumentation Labora-
tory (LSD 7) and excluded Electronic Development
Laboratory (16E), which subdepartments, as des-
cribed above, construct, repair and maintain electrical
components, recorders and measuring devices, install
and calibrate this equipment for use in testing by
employees in included subdepartments LSD 2, 3, and
5, LSE 3 and 4 and excluded subdepartment 13E
The excluded Quality Control (56Q) personnel per-
form their function, which is to see that procedures
conform to requirements, in both included subdepart-
ments LSA 2, LSE 3 and excluded subdepartment
13E where they witness the building up and tearing
down of the turbine engine.
From the above it is clear that the units petitioned
for do not constitute functionally distinct or homo-
geneous groups of employees. Thus, the Senior
Technicians populating subdepartments 13E, 25OZ,
and 16E, the Mock-Up Specialists, the Draftsmen, the
Electronic Development Technicians, and the Labora-
tory Technicians A, B, and C, who are presently
unrepresented but are excluded from the requested
units, perform functions similar in nature to those
performed by the technicians in the units sought by
Petitioner and/or perform functions which are es-
sential to and an integral part of the total product of
the Employer's engineering department, as are the
functions performed by those technicians in the
requested units. Accordingly, we find that the various
proposals of the Petitioner are inappropriate, either as
bargaining units or as voting groups. As no other
appropriate unit or voting group has been requested,
we shall dismiss the petitions.' 0
ORDER
It is hereby ordered that the petitions in Cases
2-RC-14801 and 2-RC-14803 be, and they hereby
are, dismissed.
10 In view of our decision herein, we find it unnecessary to rule on
the additional grounds advanced by the Employer for dismissing the
petitions