Bell Aircraft Corp.

National Labor Relations Board - Board Decisions

Feb 23, 1944

54 N.L.R.B. 1578 (N.L.R.B. 1944)

In the Matter of BELL AIRCRAFT CORPORATION and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, (UAW-CIO)
Case No. 3-R-710.-Decided February O, 194!
Dudley, Stowe & Sawyer, by Mr. Horace C. Winch, of Buffalo, N. Y.,
for the Company.
Mr. David Diamond, of Buffalo, N. Y., for the Union.
Mr. Leon Novak, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America,
(UAW-CIO), herein called the Union, alleging that a question af-
fecting commerce had arisen concerning the representation of employ-
ees of Bell Aircraft Corporation, Buffalo,,New York, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Peter J. Crotty, Trial Ex-
aminer. Said hearing was held at Buffalo, New York, on January 24,
1944. The Company and the Union appeared and participated.' All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the is-
sues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were af-
forded an opportunity to file briefs with the Board.2
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bell Aircraft Corporation is a New York corporation, which, at its
Niagara Frontier Division, with which we are here concerned, is en-
'The International Association of Machinists , AFL, which subsequent to the filing of a
petition herein, had indicated its interest in this proceeding , appeared at the hearing and
stated that it did not desire to participate.
2 Subsequent to the hearing the Company filed a motion to correct the record in certain
minor respects . The motion is hereby granted.
54 N. L. R. B., No. 254.
1578
BELL AIRCRAFT CORPORATION 1579
gaged in the manufacture of airplanes. During the year 1943, the
Company purchased raw materials, to be used at the Niagara Fron-
tier Division, valued in excess of $1,000,000, a substantial portion of
which was shipped to the Company from points outside the State of
New York. During the same period, the Company sold finished prod-
ucts valued in excess of $1,000,000, a substantial portion of which was
shipped by it to points outside the State of New York.
The Company admits, for the purposes of this proceeding, that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, affiliated with the Congress of Indus-
trial Organizations, is a labor organization admitting to membership
employees of the Company. -
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the Company's militarized
plant-protection employees, contending, in effect, that such employees
are not employees within the meaning of the Act, and that, in any
event, guards cannot constitute an appropriate bargaining unit.
A statement of a Board agent,' introduced into evidence at the
hearing, indicates, contrary to the contention of the Company, that the
Union represents a substantial number of employees in the unit here-
inafter found appropriate.3
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 Union contends that all militarized guards in the employ of
the Company at its Niaghra Frontier Division, including sergeants,
but excluding lieutenants and captains, constitute an appropriate
bargaining unit. The Company contends that guards cannot con-
stitute an appropriate bargaining unit because (1) they are repre-
sentatives of management and (2) they cannot be represented by the
Union because that organization is already the exclusive bargaining
representative of the Company's production and maintenance e'm-
'The Field ' Examiner's report shows that the Union submitted 216 cards and that the
names of 184 persons appearing on the cards were listed on the Company 's pay roll of
December 15, 1943, which contained the names of 596 employees in the appropriate unit.
1580 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees in a unit from which guards were specifically excluded by
agreement of the parties. We find no merit in the Company's' con-
tention 4
The remaining issue concerns the inclusion or exclusion of sergeants.
The Union seeks to include these employees in the appropriate unit.
The Company, contending that they exercise supervisory authority,
seeks to exclude them. The record indicates that sergeants are in
charge of approximately 7 guards, to whom they convey the instruc-
tions of the lieutenants, and whose posts they inspect from time to
time, to ascertain whether they are at their stations. In the event, of
infractions on the part of guards, sergeants are charged with the duty
to report them to a lieutenant. While they do not have the authority
to hire or discharge, sergeants occasionally make recommendations
concerning proposed disciplinary action. Under the circumstances,
we find that sergeants have substantial supervisory authority. We
shall, therefore, exclude the sergeants from the unit hereinafter found
appropriate.
We find that all militarized guards employed by the Company at its
Niagara Frontier Division, excluding sergeants, lieutenants and cap-
tains, and all or 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.
u
V. THE DETERMINATION OF REPRESENTATIVES
We shah 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 the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. The Union requests that it bd designated on the ballot as
UAW-CIO. We hereby grant this request.
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 Relations 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 Bell Aircraft Cor-
poration, Buffalo, New York, an election by secret ballot shall be
' See Hatter of Dravo Corporation, 52 N. L R. B 322
BELL AIRCRAFT CORPORATION 1581
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 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 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 ex-
cluding 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 UAW-CIO, affiliated with the Congress of Industrial Organiza-
tions, for the purposes of collective bargaining.