Bendix Aviation Corp.

National Labor Relations Board - Board Decisions

Feb 3, 1944

54 N.L.R.B. 1051 (N.L.R.B. 1944)

In the Matter of ILLINOIS DIVISION , BENDIx AVIATION CORPORATION, and
INTERNATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT & AGMCUL-
TURAL IMPLEMENT WORKERS OF AMERICA , C. I. 0., LOCAL 330
Case No. 13-R--2108.Decided February 3, 1944
Messrs. E. H. Cassese, E. A. Michhaelsen, and E. Applegate, of Chi-
cago, Ill., and Mr. M. A. Heidt, of South Bend, Ind., for the Company.
Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
U. A. W.
Messrs. Lee C. Savage, John J. Russo, and A. Taphorn, of Chicago,
Ill., for the Teamsters.
Mr. Frank Wood, of Chicago, Ill., for the Operating Engineers.
Mr. Emory J. Smith, of Chicago, Ill., and Mr. William C. Ryan and
Mr. Thomas J. Harahan, for the I. B. E. W. and the Carpenters.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America, C. I. O.,
Local 330, herein called the U. A. W., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Illinois Division, Bendix Aviation Corporation, Chicago, Illinois,
herein called the Company, the National Labor Relations Board, pro-
vided for an appropriate hearing upon due notice before Robert
Rissman, Trial Examiner. Said hearing was held at Chicago, Illinois,
on December 8, 1943. The Company, the U. A. W., and Local 705,.
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, A. F. L., herein called the Teamsters, and.
International Union of Operating Engineers, Local 399, A. F. of L.,
herein called, the Operating Engineers, and Local B-134, Interna-
tional Brotherhood of Electrical Workers, herein called the I. B. E. W.,
and Chicago District Council, United Brotherhood of Carpenters and
Joiners of America, herein called the Carpenters appeared, partici-
54 N. L. R. B., No. 155.
1051
1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues.' The rulings of the Trial Examiner 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
I. THE BUSINESS OF THE COMPANY
Bendix Aviation Corporation, a Delaware corporation, owns and
operates several plants throughout the United States where it is en-
gaged in the manufacture of airplane parts. The plant which is in-
volved in this proceeding, known as the Illinois Division of the Com-
pany, is located in Chicago, Illinois, and produces carburetors for
airplane engines. The principal raw materials used by the Company
in the operation of this plant are steel, aluminum, brass, and magne-
sium . During the 6-month period ending in December 1943, the total
value of such raw materials purchased by the Company, for use at its
Illinois Division exceeded $1,000,000, of which more than 50 percent
was shipped to the plant from points outside the State of Illinois.
During the same period the total value of the finished products manu-
factured at the Illinois Division exceeded $1,500,000, of which more
than 60 percent was shipped to points outside the State of Illinois.
The Company admits that in its operations at the Illinois Division it
is engaged in commerce within the meaning of, the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, Local 330, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
Local 705, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, is a labor organization af-
filiated with the American Federation of Labor, admitting to member-
ship employees of the Company.
International Union of Operating Engineers, Local 399, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
3 Bendix Aviation Workers Union was served with notice of the hearing and appeared
at the hearing , but its representative stated that it claimed no interest and had no desire
to intervene in the present proceeding.
ILLINOIS DIVISION, BENDIX AVIATION CORPORATION 1053
Local B-134, International Brotherhood of Electrical Workers, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
Chicago District Council, United Brotherhood of Carpenters and
Joiners of America, is a labor organization affiliated with the Amer-
ican Federation of Labor, admitting to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In July 1943, the U. A. W. requested recognition from the Com-
pany as the exclusive bargaining representative of certain produc-
tion and maintenance employees at the Illinois Division. The Com-
pany advised the U. A. W. that recognition would not be granted un-
less and until the U. A. W. was certified by the Board. Each of the
intervenors likewise sought recognition and received similar replies
from the Company.
A statement of the Regional Director, introduced into evidence at
the hearing, as supplemented by a statement of the Trial Examiner
made at the hearing, indicates that each of the labor organizations
involved represents a substantial number of employees in the unit
it contends to be appropriate.2
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 UNITS; THE DETERMINATION OF REPRESENTATIVES
A. Contentions of the parties
The U. A. W. and the Company are in substantial agreement s
that the appropriate unit should be a single unit comprising all pro-
duction and maintenance employees of the Illinois Division plant of
2 See the following table:
Type of unit proposed
Truck drivers ----------------------
Engineers---------------------------
Carpenters--------------------------
Elec mamt- ------------------------
Prod and main ------------ ; -__--___
No of
em-
ployees
in unit
2
4
7
10
1, 900
U A. W.
'1,502
Cards in units
I B.E W
5
Carpen-
ters
7
Op
Engrs.
4
Team-
sters
2
No pay-roll check was made, but the Company conceded that the U A W has a substantial
Interest in the unit it claims to be appropriate
a The Company objects only to the U. A. W.'s exclusion of "outside truckdrivers" from.
the proposed unit.
1054 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Company, including inspectors, receiving and shipping employees,
powerhouse employees, toolroom employees, crib attendants, truckers,
and stockmen, but excluding all office and clerical employees, em-
ployees of sales, accounting, personnel and industrial relations de-
partments, superintendents and assistant superintendents, general
foremen, foremen, foreladies, and assistant foremen and foreladies,
and all other employees acting in a supervisory capacity or having
the authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, such as dispatchers and storekeepers, and further ex-
cluding time-study men, plant-protection employees (which shall
include fire patrol), chief engineers, engineers, and further excluding
all production, estimating, and planning engineers, draftsmen, de-
tailers, chemists, metallurgists, timekeepers, counters, follow-up men,
chauffeurs, outside truckdrivers, cooperative students, professional
employees who are receiving training, and kitchen and cafeteria em-
ployees. i
The Teamsters contends that a unit of all outside truckdrivers
employed by the Company at the Illinois Division is appropriate.
The Operating Engineers urges a separate unit of the operating
engineers employed in the powerhouse, excluding the chief engineer.
The I. B. E. W. would excise from the proposed production and
maintenance unit a separate unit of all electricians, electrical main-
tenance men, helpers, supervisors, foremen, and assistant foremen.
The Carpenters seeks a separate unit of all carpenters, maintenance
carpenters, millwrights, cabinet makers, supervisors, foremen, and
assistant foremen, excluding helpers.
B. The proposed production and maintenance -unit
The Board has recognized that the production operations in the
airplane and airplane parts industry are highly integrated and inter-
dependent so that the industry lends itself to collective bargaining
upon an industrial unit basis 4 So, in the instant 'case, it is clear
that a single unit of production and maintenance employees such as
proposed by the U. A. W. and concurred in by the Company would
be appropriate for collective bargaining purposes. On the other
hand, the Board has oftentimes found counterbalancing consider-
ations present which tend to indicate the appropriateness of separate
.craft units, in which event the Board has frequently postponed its
determination of the appropriate unit pending an indication of the
desires of the employees sought to be set off in-separate units. As
is noted, hereinafter, the instant case presents factors in favor of
craft units. Accordingly, no final determination as to the appro-
4 See Matter of The Glenn L. Martin-Nebraska Company, 54 N. L. R B. 424
ILLINOIS DIVISION, BENDIX AVIATION CORPORATION 1055
priateness of a single production and maintenance unit will be made
at this time.
If a production and maintenance unit is found appropriate, the
Company contends that outside truckdrivers should be included
therein. Since the only labor organization seeking to represent em-
ployees in a production and maintenance unit does not wish to repre-
sent the outside truckdrivers, and inasmuch as another labor
organization is seeking to represent them in a separate unit, we find
that they should not be included in any production and maintenance
unit which may, as a result of the instant proceeding, be found
appropriate.
C. The Teamsters' proposed unit
The unit sought by the Teamsters would include only the two out-
side truckdrivers employed by the Company who deliver material and
products to and from the plant. The Company, in addition to its
contention that no craft units are appropriate, urges that a unit of two
truckdrivers is too small for purposes of collective bargaining. We do
not agree that the proposed unit is too small .5
The two outside truckdrivers are members of an indentifiable craft
group. Since only the Teamsters seeks to represent them, we find that
the Company's outside truckdrivers, excluding all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, constitute' a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
D. The Operating Engineers' proposed unit
The Operating Engineers seeks a unit of operating engineers em-
ployed in the powerhouse. The Company has four such employees
who by themselves comprise a separate department at the plant. They
operate and maintain boilers, tend incinerators, unload fuel oil for
the boilers, maintain steam driven machinery and equipment, and
maintain air compressors, air conditioning, and refrigerator equip-
ment. These employees were retained by the Company when it took
over the plant from former occupants. As employees of the former
occupants they had been represented by the Operating Engineers in
collective bargaining relations. All are licensed employees. The above
facts readily support the conclusion not only that the engineers are
skilled craftsmen, but also that they are isloated from other employees.
Although the U. A. W. opposes the separation of operating engi-
neers from its proposed production and maintenance unit, it does not
desire to appear on any ballot where the engineers would be given
6 See Matter of Merchants & Miners Transportation Co., 37 N . L. R. B. 1165, 1188-8.
1056 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the opportunity to determine whether they desire to be represented in
a separate unit. We shall, therefore, treat the Operating Engineers
as the only labor organization having a substantial interest- in the
powerhouse engineers . Such being the case, we find that the operating
engineers employed in the Company's powerhouse, excluding the chief
engineer , and all 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 mean-
ing of Section 9, (b) of the Act.
E. The I. B. E. W.'s proposed unit
The I. B. E. W. seeks a unit of electricians, electrical maintenance
men, helpers, supervisors, foremen, and assistant foremen. The Com-
pany has nine maintenance electricians and one helper. These em-
ployees must be able to wire motors, starters and other electrical de-
vices, must be able to read electrical blueprints and drawings, and
must be familiar with the electrical codes of the State of Illinois and
the City of Chicago. The Company employs them exclusively on
maintenance work. They are, therefore, included in the maintenance
department .with carpenters, millwrights, pipe fitters, welders, jani-
tors, and oilers . Their work carries them all over the plant.
The evidence indicates that the maintenance electricians employed
by the Company constitute a clearly identifiable, skilled craft. In
view of this, and in the absence of any history of collective bargaining,
we are of the opinion that the considerations in favor of a separate
unit of maintenance electricians are balanced with those tending to
favor an industrial unit, so that the maintenance electricians could
function as a separate unit for the purposes of collective bargaining
or be included in a single production and maintenance unit. Under
the circumstances, our determination of the unit issue with respect to
the maintenance electricians will depend in part upon the results of
the election hereinafter directed among them.
The electricians are under the immediate supervision of a chief
electrician, whom the I. B. E. W. would include in its proposed unit.
The Company objects to the inclusion of the chief electrician on the
ground that he is a supervisory employee. The chief electrician is a
salaried employee having the power to recommend hiring or discharg-
ing and the power to take disciplinary action with respect to the elec-
tricians under him. It is clear that the chief electrician is a super-
visory employee. We shall, therefore, exclude him from, the
maintenance electricians' voting group. ,
ILLINOIS DIVISION, BENDIX AVIATION CORPORATION 1057
F. The Carpenters' proposed unit
The Carpenters, in substance, seeks a unit of all woodworking
employees in the plant, including millwrights. The Company em-
ploys 7 carpenters, one carpenter helper, 20 millwrights and 10 mill-
wright helpers, all located in the maintenance department. The quali-
fications of the carpenters include the ability to handle woodworking
construction, tO build cabinets, to operate woodworking machines and
tools, and to read blueprints and drawings. They do no production
work. As in the case of the maintenance electricians, we are of the
opinion that the carpenters may, function as a separate unit for the
purposes of ' collective bargaining or may be included in a single
production and maintenance unit. Under these circumstances, our
determination of the unit issue with respect to the carpenters will
depend in part upon the results of the election hereinafter directed
among them.
The record is clear that the millwrights do not ordinarily perform
carpentry work. Their duties include the moving, setting, and level-
ing of machinery, the erection of other equipment such as conveyors,
tables, and benches, and the moving of heavy motors and pumps. All
millwrights are qualified to do sheet metal work, and, at any specified
time, it is common to find half of the millwrights engaged in sheet
metal work, the Company having no employees classified as sheet metal
workers. Likewise, the Company's only rigger is classified as a mill-
wright. The record is also clear that the carpenters do not ordinarily
perform work assigned to the millwrights. Furthermore, the mill-
wrights share a room with the maintenance electricians and not with
the carpenters, who have a room to themselves. The above facts afford
no basis for including millwrights with carpenters in a separate craft
unit. We shall, therefore, exclude millwrights from the voting group
of carpenters.
As indicated above, the Company employs one carpenter helper.
The Carpenters does not wish to include helpers in its proposed unit.
The helper assists the carpenters by doing heavy lifting and general
roustabout work. On occasion, similar help is rendered by the mill-
wright helpers. In view of, the Carpenters' position, and since helpers
are not ordinarily skilled craftsmen, we shall exclude helpers from the
carpenters' voting group.
Both the carpenters and millwrights are under the supervision of
the millwright foreman. Other than the millwright foreman, the car-
penters have no supervisor directly over them.
567900-44-vol. 54-68
1058 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
G. Concluding findings
In view of our findings with regard to the maintenance electricians
and the carpenters employed by the Company, we shall make no final
determination of a unit as regards the, production -and, maintenance
employees at this time. We shall direct that the question concerning
representation which has arisen be resolved by separate elections by
secret ballot among the employees in the following voting groups who
were employed during the pay-roll period immediately preceding the
,date of our Direction of Elections, subject to the limitations and ad-
ditions set forth therein: (1) all maintenance electricians and helpers,
excluding the chief electrician, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, to determine whether they desire to be represented by the
I. B. E. W., the U. A. W., or neither; (2) all maintenance carpenters,
excluding helpers, millwrights, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such ac-
tion, to determine whether they desire to be represented by the Car-
penters, the U. A. W., or by neither; (3) all remaining production and
maintenance employees, including inspectors, receiving and shipping
employees, toolroom employees, crib attendants, truckers, and stock-
men, but excluding all office and clerical employees, employees of sales,
accounting, personnel and industrial 'relations departments,, superin-
tendents and assistant superintendents, general foremen, foremen,
foreladies, assistant foremen and foreladies, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, such as dispatchers and storekeepers, and
,further excluding powerhouse operating engineers, time-study men,
plant-protection employees (which shall include fire patrol), chief
'engineers, engineers, all production, estimating,' and planning engi-
neers, draftsmen, detailers, chemists, metallurgists, timekeepers', count-
ers, follow-up men, chauffeurs, outside truckdrivers, cooperative
students, professional employees who are receiving training, and
kitchen and cafeteria employees, to determine whether or not they
desire to be represented by the U. A. W. ; (4) all outside •truckdrivers,
excluding all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, to determine whether
or not they desire to be represented by the Teamsters; (5) all operating
engineers employed in the powerhouse, excluding the chief engineer
and all other supervisory employees with authority to hire, promote,
•
ILLINOIS DIVISION, BENDIX AVIATION CORPORATION 1059
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, to determine whether
or not they desire to be represented by the Operating Engineers. Upon
the results of the first three elections will depend in part our deter-
mination of the appropriate unit of production and maintenance
employees. 11
DIRECTION OF ELECTIONS
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Illinois Division,
Bendix Aviation Corporation, Chicago, Illinois, elections by secret
ballot shall be conducted as early as possible, but not later than thirty
(30) days from the date of this Direction of Elections, under the di-
rection and supervision of the Regional Director for the Thirteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the following employees who were
employed by the Company during the pay-rill period immediately
preceding the date of this Direction of Elections, 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 per-
son at the polls, but excluding 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:'
1. All maintenance electricians and helpers, excluding the chief elec-
trician and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, to deter-
mine whether they desire to'be represented by International Brother-
hood of Electrical Workers, Local B-134, A. F. L., or by Bendix Local
No. 330, UAW-CIO, for the purposes of collective bargaining, or by
neither; '
2. All maintenance carpenters, excluding helpers, millwrights, and
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, to determine whether they desire
'The several unions expressed preferences at the hearing that their respective names
appear on the ballot as set forth in the Direction of Elections.
1060 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to be represented by Chicago District Council of Carpenters, A. F. L.,
or by Bendier Local No. 330, UAW-CIO, for the purposes of collective
bargaining, or by neither; -
3. All production and maintenance employees, including inspectors,
receiving and shipping employees, toolroom employees, crib attend-
ants, truckers, and stockmen, but excluding all office and clerical em-
ployees, employees of sales, accounting, personnel and industrial re-
lations departments, superintendents and assistant superintendents,
general foremen, foremen, foreladies, assistant foremen and fore-
ladies, and all other supervisory employees with, authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, such as dispatch-
ers and storekeepers, and further excluding powerhouse operating
engineers, time-study men, plant-protection employees (which shall
include fire patrol), chief engineers, engineers, all production, esti-
mating, and planning -engineers, draftsmen, detailers, chemists,
metallurgists, timekeepers, counters, follow-up men, chauffeurs, out-
side truckdrivers, cooperative students, professional employees who
are receiving training, kitchen and cafeteria employees, and all em-
ployees included in groups 1 and 2, above, to determine whether or
not they desire to be represented by Bendix Local No. 330, UAW-CIO,
for the purposes of collective bargaining;
4. All outside truckdrivers, excluding all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, to determine whether or not they desire to be represented
by Truck Drivers and Chauffeurs Union, Local 705, I. B. of T., A.
F. L., for the purposes of collective bargaining;
5. All operating engineers employed in the powerhouse, excluding
the chief engineer and all other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the.status of employees, or effectively recommend such action, to de-
termine whether or not they desire to be represented by International
Union of Operating Engineers, Local 399, A. F. of L., for the purposes
of collective bargaining. -