Bendix Aviation Corp.

National Labor Relations Board - Board Decisions

Apr 12, 1945

61 N.L.R.B. 520 (N.L.R.B. 1945)

In the Matter Of SCINTILLA MAGNETO DIVISION, BENDIx AVIATION
CORPORATION and INTERNATIONAL ASSOCIATION OF MACIIINISTS,
AFL
Case No. 3-R-937.-Decided April 12, 1945
Mr. E. M. Van Name, of Sidney, N. Y., for the Company.
111r. H. I. Smith, of Buffalo, N. Y., and Mr. Victor Kolaski,' of Bing-
hamton, N. Y., for the IAM.
Mr. Frederick R. Livingston, of New York City, and Mr. Willard,
Bliss, of Syracuse, N. Y., and Mr. Ben Kreisberg, of Sidney, N. Y.,
for the UE.
Mr. Charles T. Keane, Jr., of Binghamton, N. Y., for the Inde-
pendent.
Mr. Sidney Grossman, of counsel to the Board.
DECISION
AND
DIRECTION' OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed, by International Association of Machin-
ists, affiliated with the American Federation of Labor, herein called
the IAM, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Scintilla Magneto Divi-
sion, Bendix Aviation Corporation, Sidney, New York, herein called,
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Francis X. Helgesen,
Trial Examiner. Said hearing was held at Sidney, New York, on
March 21, 1945. The Company, the LAM, the United Electrical,
Radio and Machine Workers of America, CIO, herein called the UE,
and Ignition Employees Association, herein called the Independent,
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner re-
served ruling upon the Independent's motion to dismiss the peti-
tion on the ground that an existing contract between it and the Com-
pany constitutes a bar to this proceeding. For the reason set forth
61 N. L. R. B., No. 70.
520
SCINTILLA MAGNETO DIVISION 521
in Section III, infra, the motion is denied. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded an, 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
Bendix Aviation Corporation, a Delaware corporation, is engaged
in the manufacture of airplane parts at its various plants throughout
the United States. We are here concerned with its Scintilla Mag-
neto Division plant, located at Sidney, New York, where it is engaged
in producing ignition apparatus for internal combustion engines and
Diesel fuel,injection devices. During the year 1944, it purchased
raw materials for use at this plant in excess of $1,000,000 in value, of
which approximately 90 percent was secured from sources outside the
State of New York. During the same period it manufactured fin-
ished products in excess of $3,000,000 in value, of which approxi-
mately 98 percent was sold to the United States Government for
use by the armed services.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Association of Machinists, affiliated with the Amer-
ican Federation of Labor, is a labor organization admitting to mem-
bership employees of the Company.
Ignition Employees Association, unaffiliated, is a labor organiza-
tion admitting to membership employees of the Company.
United Electrical, Radio and Machine Workers of America,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 16, 1945, the IAM addressed a letter to the Company
wherein it requested recognition as the exclusive representative of the
Company's employees. The Company refused to accord recognition
to the TAM until the IAM had been certified by the Board in an
appropriate unit. The Independent urges, as a bar to this proceed-
ing, the existence of its contract with the Company, which expired
on March 1, 1945, and contained the usual 30-day automatic renewal
clause. Since the IAM made its demand for recognition prior to the
522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
operative date of the automatic renewal clause, we find that the
Independent's contract with the Company does not preclude a
present determination of representatives.'
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the IAM and the UE represent a substantial
number of employees in the unit hereinafter found 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 UNIT
All parties agree to a unit composed of all production and main-
tenance employees at the Company's plant at Sidney, New York, in-
cluding employees in the classifications listed in Appendix A, attached
hereto, and group leaders, but excluding employees in the classifications
listed in Appendix B, attached hereto, foremen, general foremen, super-
visors, factory superintendent, factory manager, and 'all other super-
visory employees. However, they are in dispute as to the inclusion
or exclusion of the categories hereinafter discussed.
Factory clericals in department 37 and timekeepers in department 91.
The factory clericals in department 37 include both timekeepers and
production clerks. While the position of the parties is not entirely
clear, it appears that the IAM would include, and the Company would
exclude, the production clerks, and the IAM and the UE would in-
clude the timekeepers in department 91. The timekeepers in depart-
ment 37 maintain records relating to the attendance and earnings of
employees; the production clerks maintain records relating to raw
materials and finished stores inventory as work progresses on produc-
tion contracts. The timekeepers in department 91 perform duties
similar to those of the timekeepers in department 37. The employees
in both departments are on the office pay roll as salaried employees.
i Matter of Buffalo Arms Corporation, 57 N L It B. 1560
z The Field Examiner reported that the JAM submitted 1,002 authorization cards, of
which 1 was dated in 1942, 279 bore dates in 1944, 707 in,1945, 11 were partially dated,
and 4 were undated, and that of 587 cards checked, 175 represented the names of persons
on the Company pay roll of February 3, 1945, in an alleged appropriate unit consisting of
2,945 employees At the hearing, the IAM submitted 62 additional cards, of which 1 was
dated in February 1945 and 61 bore dates in March 1945 ; these cards were not checked
against the Company pay roll.
The Trial Examiner reported that the UE submitted 301 membership cards, of which
44 bore dates in 1944 and 257 in 1945 ; the cards were not checked against the Company
pay roll
The Independent relies upon its contract as proof of its representation interest.
The objections of the UE and the Independent as to the sufficiency of the IAM's interest
in the proposed unit are without merit. See Matter of Buffalo Arms Corporation, supra;
Matter of Seneca Falls Machine Company, 58 N L R B. 1413.
SCINTILLA MAGNETO DIVISION 523
We shall exclude the timekeepers in accordance with our usual policy,3
and while the record does not disclose that production clerks have in-
terests or duties which would of necessity prevent their inclusion in
the present bargaining unit, in the absence of any compelling circum-
stances warranting a departure therefrom, we shall adhere to our usual
practice and not disturb the contract unit established as the result of
collective bargaining between the Company and the Independent.'
We find that all production and maintenance employees 5 at the
Company's plant at Sidney, New York, including employees listed in
Appendix A, attached hereto, and group leaders,s but excluding em-
ployees, in the classifications listed in Appendix B, attached hereto,
timekeepers and production clerks in departments 37 and 91, assistant
working foremen, foremen, general foremen, supervisors, factory
superintendent, factory manager, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise ef-
fect changes in the status of employees, or effectively recommend such
action, constitute a unit approprite 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 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.
Since it appears, under circumstances similar to those disclosed in
Matter of Bendix Radio Division of Bendix Aviation Corp., that
indefinitely laid-off employees have, for 6 months after lay-off, a
sufficient expectancy of reemployment by the Company with previ-
ously accumulated seniority, we shall, except as hereinafter noted,
permit such employees, who have been laid off within 6 months
immediately preceding the date of the Direction of Election herein,
to participate in the selection of a bargaining representative. How-
3 Matter of Bendix Radio Division of Bendix Aviation Corp. 59 N L R B 1470.
4 Matter of Petersen & Lytle, 60 N . L R. B 1070.
6 Since there is no cogent reason for confining the unit to hourly employees , as requested
by the Company , our unit finding herein includes both hourly and salaried employees.
6 The record discloses that group leaders, who formerly occupied the status of assistant
working foremen and whom all the parties would include, have been bargained for as non-
supervisory employees . On the other hand , the assistant working foremen were excluded
from the Independent 's contract with the Company in conjunction with other supervisory
employees , and, although those presently occupying such status are about to be reclassi-
fled as group leaders, they still possess indicia of supervisory authority consonant with our
customary definition ; we shall therefore exclude the assistant working foremen.
7 59 N. L. R B. 1470.
524 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ever, those employees who have failed to respond to an offer of
reemployment by the Company- or who have obtained permanent
employment elsewhere shall not be entitled to vote.
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, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Scintilla Magneto
Division, Bendix Aviation Corporation, Sidney, New York, an elec-
tion 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 Third
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 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 the said pay-roll period
because they were ill or on vacation or temporarily laid off, or who
were indefinitely laid off by the Company during the 6-month period
immediately preceding the date of the Direction herein, 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, to determine whether they
desire to be represented by International Association of Machinists,
affiliated with the American Federation of Labor, or by United
Electrical, Radio and Machine Workers of America, U. E.-C. I. 0.,
or by Ignition Employees Association, I. E. A., for the purposes of
collective bargaining, or by none.'
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
8 The requests of the IA11I , the UE, and the Independent, to appear upon the ballot as
above designated , are hereby granted.
SCINTILLA MAGNETO DIVISION 525
APPENDIX A
Dept. No Name
10__ Service Repair
11__ Tool Room
12__ Experimental
13__ Tool Inspection
15__ Coil
16__ Assembly
17__ Lathe
18__ Paint Shop
19__ Automatics
20__ Stock CC
21__ Punch Press
22__ Maintenance
23__ Inspection
24__ Moulding
25__ Receiving & Shipping
26__ Finished Stock C
27__ Snagging
28__ Heat Treat
30__ Buffing & Plating
31-- Fuel Pump
32__ Truckers & Sweepers
34__ Sundry (Machine)
36__ Tool Grinding
39__ Moulding Machines
41__ DF & 8 Pole Housing
Machining
42__ DF 18 & Front Mounted
Hous. Mach.
44__ Radio Shield Machining
46__ Coil Covers Machining
47__ Adaptor & Breakers Cups
Mach.
49_- Aircraft Rotors Machin-
ing
5L_ Axles & Shafts Machining
52__ Nelix Gears Machining
54__ Breaker Cams Machining
55__ Gleason Gears
57__ Inserts
59__ Spark Plug Machining
61__ Lead Department
63__ Spark Plugs
66__ Tool Crib
67__ Ha r n e s s Experimental
(Prod.)
69__ Spare Parts Bond Room &
Packing
639678-45-vol. 61-35
Dept No. Name
70__ Boiler Room
71__ Salvage
74__ Truckers & Chauffeurs
80__ Production Control (Ex-
pediters)
96__ Contract Cancellation
(Expediters Hourly
Pd.)
1___ Administration
2___ Purchasing
3___ Sales
4___ Office Supervisors & Secre-
taries
5___ Tool Design
6___ Engineering
7___ Factory & Production
Management
8___ Service
9___ Factory Supervisors
29__ Engineering Research
33__ Police
35__ Engineering Laboratory
37__ Clerical (Shop Clerks or
Timekeepers)
75__ Personnel
76__ Medical
77__ Training & Wages
78__ Tabulating
81__ Material Control
82__ Production Scheduling
83__ Sub-Contracting
84__ Cost Control
85__ Plant Engineering (De-
signers)
86__ Tools, Methods & Equip-
ment
87__ Production & Engineer
Coordination
88__ New York Engineering
90__ Payroll & Bond
91__ Timekeeping
92__ Factory Cost Department
93_ _ General Accounting
94__ Legal
97__ Telephone, Central Files,
Traffic
98__ Mail and Stock D