Bendix Aviation Corp.

National Labor Relations Board - Board Decisions

Nov 19, 1942

45 N.L.R.B. 675 (N.L.R.B. 1942)

In the Matter of BENDIX AVIATION CORPORATION, Owosso DIVISION and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AoRICuL-
TURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO
Case No. R-.1.6.Decided November 19, 1912
Jurisdiction : airplane parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to bargain with petitioner until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees with specified inclusions and exclusions.
Mr. 01. A. Heidt, of South Bend, Ind., and Mr. George Stoll, of
Owosso, Mich., for the Company.
Mr. Maurice Sugar, and Mr. N. L. Smokier, of Detroit, Mich., for the
Union.
Mr. Joseph, E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America, affili-
ated with the C. 1. 0., herein called the Union, alleging that a question
affecting commerce had arisen, concerning the representation of em-
ployees of Bendix Aviation Corporation, Owosso Division, Owosso,
Michigan, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice, before
Max Rotenberg, Trial Examiner. Said hearing was held at Detroit,
Michigan, on October 28, 1942. The Company and the Union_ ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce 'evidence
bearing upon the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
45 N. L. R. B., No. 101.
675
0
676
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
4
Bendix Aviation Corporation, a Delaware corporation with its
principal office located at South Bend, Indiana, is engaged in the,
manufacture, distribution, and sale of airplane parts and accessories.
The-Company owns and operates 20 manufacturing plants located in
various States of the United States, including the plant located at
Owosso, Michigan, which is involved herein. During the past 6
months the Company purchased commodities, goods and raw materials
for use and manufacture at the Owosso Division Plant valued in excess
of $500,000, approximately 90 percent of which was purchased from
sources outside the State of Michigan. During the same period the
Owosso Division Plant manufactured finished products valued in
excess of $1,000,000, all of which was shipped to points outside the
State of Michigan. For the past 24 months the Company has been
.engaged almost entirely in the manufacture of war materials for the
United States Government.
The Company concedes it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulate that a question concerning representation has
arisen by reason of the Company's refusal to recognize the Union
until and unless the Union is certified by the Board.
A statement of the Regional Director introduced in evidence at the
hearing indicates the Union represents a, substantial number of
employees in the unit hereinafter found to be appropriate., .
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
The Rrgional Director 's statement concerning claims of authorization for the purpose
of representation shows that the Union submitted 354 cards , of which 281 bore apparently
genuine original signatures of persons whose names appeared on the Company 's pay roll
of September 12. 1942. The cards were dated as follows : 47 in June 1942 ; 115 in July
1942 ; 64 in August 1942 ; 16 in September 1942; and 39 undated. There are about 445
employees in the appropriate unit. o
` BENDIX AVIATION CORPORATION '677
of Section 9 (c) and Section 2 (6) and (7) of the National, Labor
Relations Act. ' • .
IV.,' THE APPROPRIATE UNIT
The parties agree, and we find, that all production and maintenance
employees of the Company at its Owosso Division Plant, including
indentured apprentices, group leaders, inspectors, receiving and ship-
ping employees, powerhouse employees, toolroom employees, and crib
attendants, truckers, stock-chasers, stockmen, and all other storeroom
and stockroom employees; but excluding all office and clerical em-
ployees, employees of sales, accounting, personnel, and industrial rela-
tions departments, superintendents and assistant superintendents,
general foremen, foremen, and assistant foremen, and all other
employees acting in a supervisory capacity or having the right to hire
or discharge, time-study men, plant protection (which shall include
fire patrol employees), chief engineers, and further excluding all
production estimating and planning engineers, draftsmen, detailers,
chemists, metallurgists, timekeepers, cooperative students, professional
employees who are receiving training, and kitchen and cafeteria em-
ployees, constitute a unit appropriate for the purpose 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 em-
ployees 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.
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 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purpose of collective bargaining with Bendix Aviation
Corporation, Owosso Division, Owosso, Michigan, 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 Seventh Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations,
678 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 such pay-roll period because they were ill or on
vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding employees who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America, affiliated
with the C. I. 0., for the purposes of collective bargaining.
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