Bechtel-McCone-Parsons Corp.

National Labor Relations Board - Board Decisions

Sep 24, 1943

52 N.L.R.B. 831 (N.L.R.B. 1943)

In the Matter of BECHTEL-MCCONE-PARSONS CORPORATION and VULCAN
AIRCRAFT LODGE #1723, INTERNATIONAL ASSOCIATION OF MA-
CHINISTS
Case No. 10-R-9411.-Decided September 04, 1943
Messrs. Jelks H. Cabaniss, John A. Clark, William H. Ivey and
John J. Smith, all of Birmingham, Ala., for the Company.
Mr. J. C. McGlon, of Birmingham, Ala., for the IAM.
Mr. James A. Lipscomb, of Bessemer, Ala., and Messrs. Willard
Dobbs and Michael Volk, both of Birmingham, Ala., for the CIO.
Mr. Glenn L. Holler, of council to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Vulcan Aircraft Lodge #1723, Interria-
tional Association of Machinists, herein called the IAM, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Bechtel-McCone-Parsons Corporation, Birming-
ham, Alabama, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Paul S. Kuelthau, Trial Examiner. Said hearing was held
at Birmingham, Alabama, on September 2, 1943. The Company, the
IAM, and International Union, United Automobile Aircraft & Agri-
cultural Implement Workers of America, CIO, herein called the CIO,
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 prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Bechtel-McCone-Parsons Corporation, a Nevada corporation, oper-
ates a plant at Birmingham, Alabama, which plant is owned by the
52 N. L . R. B., No. 144.
831
•
832 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Defense Plant Corporation and leased to the Company. The Com-
pany's sole activity at the Birmingham plant consists of modifying
airplanes pursuant to a contract with the War Department. The
planes are flown in from the manufacturer and flown out after modi-
fications are completed. A substantial amount of the parts and
fittings for the planes is shipped to the plant from points outside the
State of Alabama. The entire output of the plant is delivered to the
Army Air Force and is sent outside the State of Alabama.
The Company admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Vulcan Aircraft Lodge #1723, International Association of Ma-
chinists, is an unaffiliated labor organization admitting to membership
employees of the Company.
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about July 15, 1943, the IAM requested that the Company
recognize it as the exclusive bargaining representative of certain
of the Company's employees. The Company refused to grant such
recognition until the IAM has been certified by the Board in an
appropriate unit.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the IAM and the CIO repre-
sent substantial numbers of employees in the unit hereinafter found
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
The parties stipulated that there should be included in the appro-
priate unit all hourly paid production, maintenance, and service
employees, all dispatchers who do stock handler's work, and trainees
and advanced trainees who have had more than 5 weeks of training,
' The Field Examiner reported that the IAM submitted authorization cards bearing
apparently genuine signatures of persons whose names were listed on the Company's pay
roll of July 18, 1943 , and which equaled 30 percent of the total pay roll.
The CIO submitted cards indicating that it represents approximately 5 percent of the
employees in the appropriate unit.
BECH'TEL-McCONE-PARSONS CORPORATION 833
and that there should be excluded from the unit all dispatchers who
do not do stock handler's work, guards, puplicating machine oper-
ators, corporals of the guard, escorts, trainees who have had less
than 5 weeks training, advanced trainees who have had less than 5
weeks training, guard trainees, sergeants of the guard, and all super-
visors above the rank of leadman.
The parties are in dispute as to only two categories of employees,
firemen and firemen trainees, whom the CIO seeks to include and
the Company and the IAM seek to exclude from the unit. The fire-
men are a branch of the plant-protection department, the other
branch being composed of guards. Although these branches have
functioned separately in the past, orders have been issued by the
United States Army official in charge of plant protection, that the
functions and duties of guards and firemen are to be combined.
When this change occurs, the firemen will be sworn in as auxiliary
military police, as is presently the case with respect to the guards.
In conformance with our established policy, we shall exclude from
the unit the firemen and firemen trainees, since they will soon be
auxiliary military police.'
In accordance with the stipulation of -the parties and the above
conclusions we find that all hourly paid production, maintenance,
and service employees, trainees and advanced trainees who have had
more than 5 weeks of training, and all dispatchers who do stock
handler's work, at the Company's plant at Birmingham, Alabama,
excluding dispatchers who do not do stock handler's work, guards,
corporals and sergeants of the guard, firemen and firemen trainees,
escorts, duplicating machine operators, trainees who have had less
than 5 weeks training, advanced trainees who have had less than 5
weeks training, and all supervisors above the rank of leadman, and
any other' supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of
employees, or'effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
Early in July 1943, the Company effected a substantial reduction
of personnel, laying off approximately one-third of its -employees in
all classifications. Since that time the Company has increased its
pay roll slightly, including among its recently employed personnel
some of the previously laid-off employees. The Company indicated
2 Matter of Radio Receptor Company, Inc., 45 N L R. B 402, Matter of U S Electrical
Motors, Inc., 45 N. L R. B. 298; Matter of Drava Corp , 52 N L . R B. 322.
834 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at the hearing that. this trend will continue over the next few
months, during which time it will be able to rehire about half of
the laid-off employees. The Company, at the time of the hearing,
had already rehired a few of the laid-off employees, but in each case
the rehired employee had been required to clear his application
through the United States Employment Service, in the same manner
as persons applying for work with the Company for the first time.
The Company stated that the July lay-off, although made "without
prejudice" and because of "force reduction," effected complete termi-
nation of the employment of the persons laid off, and that such
former employees will be reemployed only if they are competent
and if they apply through the regular employment channels. The
IAM contends that the employees who were laid off in July were
only temporarily laid off and that they should be. permitted to vote.
In order to render these persons definitely eligible, the IAM urges
that the Board determine eligibility to participate in the election
on the basis of the Company's pay roll for the period immediately
preceding the lay-offs in July. However, it appears unlikely that
an appreciable number of the separated employees will attempt to
return. We consider such a possibility as too tenuous to warrant
departure from our customary practice. Moreover, it appears that
a large portion of those whom the Company will rehire will have
been reemployed by the time this Decision is issued.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 Bechtel-McCone-
Parsons Corporation, Birmingham, Alabama, 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 Tenth 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 Regula-
BECHTEL-McCONE-PARSONS CORPORATION 835
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately 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 those employees who have since quit or
been discharged for cause, to determine whether they desire to be
represented by Vulcan Aircraft Lodge #1723, International Asso-
ciation of Machinists or by International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America, af6uated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining, or by neither.
CHAIRMAN MII.LIS took no part in the consideration of the above
Decision and Direction of Election.
549875-44-vol. 52-54