Bell Aircraft Corp.

National Labor Relations Board - Board Decisions

May 22, 1945

61 N.L.R.B. 1357 (N.L.R.B. 1945)

In the Matter of BELL AIRCRAFT CoRroRATION, ORDNANCE DIVISION
and INTF;RNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA (C. I. 0.), LOCAL 999
Case No. 1-R-0341.-Decided May N2, 1<945
Mr. Robert A. Gaffney, of Niagara Falls, N. Y., and Messrs. Bryant
H. Prentice and hhilhiamn,,D. Robertson, both of Burlington, Vt., for the
Company.
Witt & Cammer by Mr. Abraham Levin, of New York City, for the
C. I. O.
Mr. Clement Bashaw, of Essex Junction, Vt., for the A. F. of L.
Mr. Benj. E. Coolc, of counsel to the board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Union,
United Automobile, Aircraft & Agricultural Implement Workers of
America (C. I. 0.), Local 999, herein called the C. I. 0., alleging that
it question affecting commerce had arisen concerning the representation
of employees of Bell Aircraft Corporation, Ordnance Division, Bur-
lington, Vermont, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before John W. Coddaire, Jr., Trial Examiner. Said hearing was held
at Burlington, Vermont, on March 2T, 1945. At the hearing the Trial
Examiner granted a motion to intervene by the United Brotherhood of
Carpenters and Joiners of America, Local 683, A. F. of L., herein called
the A. F. of L. All parties 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 hear-
ing are free from prejudicial error and are hereby affirmed. All parties
were afforded an opportunity to file briefs with the Board.
GIN L R. B., No. 219.
f39f78-45-voI 61--S7
1357
1358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bell Aircraft Corporation, Ordnance Division, is a New York
corporation. It operates plants at Marietta, Georgia; Buffalo, New
York; and Burlington, Vermont. The Burlington plant, the only one
involved in this proceeding, is engaged in the manufacture of gun
mounts and other ordnance material. During the calendar year 1944,
the Company's purchases of raw materials exceeded $2,000,000 in value,
75 percent of which was shipped from points outside the State of
Vermont. For the same period the Company sold finished products
valued in excess of $10,000,000, all of which was shipped to points
outside the State of Vermont.
The Company admits that it is engaged in commerce, within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implements Workers of America, Local 999, affiliated with the Con-,
gress of Industrial -Organizations, is a labor organization admitting
to membership employees of the Company.
United Brotherhood'of Carpenters and Joiners of America, Local
683, affiliated with the Americana Federation of Labor, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Following a consent election on February 1, 1944, which the A. F.
of L. won, the Company and the A. F. of L. entered into a collective
bargaining contract covering all of the Company's maintenance car-
penters and craters, excluding supervisory employees, which employees
comprise the unit sought herein. The contract provided that it was
to be effective as of May 1, 1944, for a period of 1 year, and thereafter
from year to year unless one of the parties notified the other in writ-
ing not less than 30 days prior to the expiration term or an extended
term of an intention to modify or terminate the agreement. By letter
dated February 27, 1945, the C. I. O. requested the Company to recog-
nize it as the exclusive representative of all craters and maintenance
carpenters. By letter dated March 5, 1945, the Company refused to
grant recognition to the C. I. O. as the exclusive bargaining represent-
ative of said employees until certification by the Board. The parties
make no contention that the contract is a bar to this proceeding.
BELL AIRCRAFT CORPORATION 1359
A statement of a Board agent, introduced into evidence at the hear-
lug, indicates that the C. I. O. represents a substantial number 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
We find, in substantial accord with the agreement of the parties,
that all Craters Nos. I and II of Department 31, and maintenance
carpenters Nos. I, II, and III, but excluding all supervisory em-
ployees 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
We shall direct that the question concerning representation which
has arisen be resolved by in 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.
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 3, as amended, it is
hereby
DniEc'rEn that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bell Aircraft Cor-
poration, Ordnance Division, Burlington, Vermont, 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 First 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-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
I The Field Examiner reported that the C I 0 submitted 13 cards, 13 of which bore
apparently genuine original signatures , that the Company 's pay roll «as not checked;
that the cards were dated February 1945, and that the requested unit included 20 employees.
1360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, t,o determine whether they desire to be represented by the
International Union, United Automobile, Aircraft R Agricultural
Implement Workers of America, Local 999 (C. I. 0.), or by United
Brotherhood of Carpenters and Joiners of America, Local 683, A. F.
of L., for the purposes of collective bargaining, or by neither.
MR. Joan M. HOUSTON took no part in the consideration of the
above Decision and Direction of Election.