Bendix Aviation Corp.

National Labor Relations Board - Board Decisions

Jun 2, 1941

32 N.L.R.B. 256 (N.L.R.B. 1941)

In the Matter of BENDIx AVIATION CORPORATION and INTERNATIONAL
UNION, UNITED AUTOb1oinLE WORKERS OF AMERICA, C. I. 0.
Case No. R-2574.-Decided June 0, 1941
Investigation and Certification of Representatives : stipulation for eertificai,w,
of representatives upon consent election.
Mr. David Schatzow, for the Board.
Mr. N. A. Blake, of Brooklyn, N. Y., for the Company.
Liebman, Leider & Witt, of New York City, for the United.
Mr. Edward J. McAlinco, of New York City, for the Brotherhood.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On May 3, 1941, International Union, United Automobile Workers
of America, C. I. 0., herein called the United, filed with the Regional
Director for the Second Region (New York City) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Bendix Aviation Corporation, herein called
the Company, engaged in the manufacture and distribution of air-
plane and marine engine parts at Brooklyn, New York, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On March 5, 1941, the Company, the United, and
Local 3, International Brotherhood of Electrical Workers, A. F. of L.,
herein called the Brotherhood, and a Field Examiner of the Board en-
tered into a "STIPULATION FOR CERTIFICATION OF REP-
RESENTATIVES UPON CONSENT ELECTION." On May 6,
1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section
3, of National Labor Relations Board Rules and Regulations-Series
2, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
32 N L R. B, No 52.
256
BENDIX AVIATION CORPORATION 257
Pursuant to the stipulation, an election by secret ballot was con-
ducted on May 7, 1941, nuclei- the direction-and supervision of the
Regional Director, among all plant, production, and maintenance em-
ployees at the Lexington Avenue and Junius Street plants of the
Company, excluding company officials, administrative employees,
superintendents , foremen, assistant foremen, stock chasers, time-
keepers , watchmen, and clerical and office employees , to determine
whether said employees desire to be represented by the United, or by
the Brotherhood, or by neither. On May 9, 1941, the Regional Director
issued and duly served upon the parties an Election Report on the bal-
lot. No objections to the conduct of the ballot or the Election Report
have been filed by any of the parties.
In her Election Report, the Regional Director reported as follows
concerning'the balloting and its Iesults:
Total number eligible to vote -------------------------- ---- 662
Total number ballots cast _____________________________`___ 622
Total number valid ballots ________________________________ 614
Total number votes in favor of Local 3 , International Brother-
hood of Electrical Workers, A F. of L .------------------ 85
Total number votes in favor of International Union , United _
Automobile Workers of America . C I. 0.________________-- 348
Total number votes in favor of neither union__ ____________ 181
Total number blank votes --------------------------------- 1
Total number void ballots --_------- ------------------------ 0
Total number cliallei ged votes ---------------------- ------ 7
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the- rep-
resentation of employees of Bendix Aviation Corporation , Brooklyn,
New York, within the meaning of Section 9 (c) and Section 2 (6)
.end (7) of the National Labor Relations Act.
2. All plant , production , and maintenance employees at the Lex-
ington Avenue and Junius Street plants of the Company , excluding
company officials , administrative employees , superintendents, fore-
men, assistant foremen, stock chasers , timekeepers , watchmen, and
clerical and office employees , constitute a unit appropriate for the
purposes of collective bargaining , within the meaning of Section 9
(b) of the National Labor Relations Act.
3. International Union, United Automobile Workers of America,
C. I. 0., has been designated and selected by a majority of the em-
ployees in the above unit as their representative for the purposes of
collective bargaining and is the exclusive representative of all the
258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees in said unit, within the meaning of Section 9 (a) of the
National Labor Relations Act. -
CERTIFICATION OF REPRESENTATIVES
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
IT IS HEREBY CERTIFIED that International Union, United Automo-
bile Workers of America, C. I. 0., has been selected by a majority
of the plant, production, and maintenance employees at the Lexing-
ton Avenue and Junius Street plants of Bendix Aviation Corpora-
tion, Brooklyn, New York, excluding company officials, adminis-
trative employees, superintendents, foremen, assistant foremen, stock
chasers, timekeepers, watchmen, and clerical 'and office employees, as
their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, International Union,
United Automobile Workers of America, C. I. 0., is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.