Bendix Aviaton, Ltd.

National Labor Relations Board - Board Decisions

Oct 5, 1943

52 N.L.R.B. 1182 (N.L.R.B. 1943)

In the Matter of BENDIx AVIATION, LTD., and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WOR11-
ERS OF AMERICA, LOCAL UNION No. 24 (UAW-CIO)
Case No. R-5935.-Decided October 5, 1943
Mr. Leonard Comegys, of Los Angeles, Calif., and Messrs. J. R.
Haney and Aaron Malmquist, of North Hollywood, Calif., for the
Company.
Katz, Gallagher cf Margolis, by Mr. Milton S. Tyre, of Los Angeles,
Calif., and Messrs. James Carbray and Fulton E. Britt, of Los Angeles
Calif., for the C. 1. 0.
Mr. Clifton A. Hia;, of San .Pedro, Calif., Messrs. Roy Brown,
Garry Cotton, and Compton Z. Lindsey, of Los Angeles, Calif., and
Mr. Leland G. Hewitt, of Burbank, Calif., for the I. A. M.
Miss Frances Lopinsky, 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 & Agricultural Implement Workers of America, Local
Union No. 24 (UAW-CIO), herein called the C. I. 0., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Bendix Aviation, Ltd., North Hollywood, California,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate, hearing upon due notice before Bartlett
Breed, Trial Examiner. Said hearing was held at Los Angeles, Cali-
fornia, on August 24 and 25, 1943. The Company; the C. I. 0., and
International Association , of Machinists, District 22, appeared and
participated.' All parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, to introduce evidence bearing
1 Bendix Employees , Inc., herein called the B: E. I, was also served with notice but did
not appear . It filed with the Board a copy of minutes of a B. E. I. meeting held June 27,
1943, at which its membership voted to dissolve and affiliate with the I. A. M. This was
accompanied by a letter dated August 2, 1943, in which the,B. E. I. informed the Board that
it would take no part in any election that might result from this proceeding, and stated its
opinion that Its contract with the company is no bar to this proceeding.
52 N. L. R. B., No. 194.
1182
BENDIX AVIATION, LTD. 1183
on the issues, and to file briefs with the Board. The Company moved
that the petition be dismissed on the grounds (1) that the Company
is bound by a contract executed with the B. E. I.; (2) that the ques-
tion concerning representation raised by the petition has already been
decided by the Board in the recent case of Bendix Aviation, Ltd.,2
decided August 21, 1943. For reasons appearing herein, this motion'
is denied. The Trial Examiner's rulings made at the hearings are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bendix Aviation, Ltd., is a Califorina corporation and a wholly
owned subsidiary of Bendix Aviation Corporation. The Company
manufactures and sells hydraulic and radio equipment for aircraft
at two plants located at 11600 Sherman Way, and at 6454 Lanker-
shim, in North Hollywood, California. During the fiscal year ending
September 30, 1942, the Company purchased raw materials aggregat-
ing more than $10,000 in value, about 50 percent of which originated
outside the State of California. During the same fiscal period the
Company's sales of finished products aggregated more than $10,000
in value, substantially all of which were used for equipping aircraft
which is the property of the United ,States Government. There has
been no substantial, change in the nature of the Company's business
since the fiscal year ending September 30, 1942.
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
Implement Workers of America, Local Union No. 24, is a labor organ-
ization affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
International Association of Machinists, District 22, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 10, 1943, the C. I. O. filed a petition with the Board in Case
No. R-5782 requesting an election in a unit of truck drivers. At the
152 N . L. R. B 59.
I
1184 D,ECISTONG OF NATIONAL LABOR RELATIONS ^BOA,RD
hearing held thereon the B. E. I. and the I. A. M. intervened on the
ground that the unit requested was inappropriate and contended that
an industrial unit of employees of the entire plant including truck
drivers is the only appropriate one. The Board found that the truck
drivers might appropriately either constitute a separate unit, or be
included in a unit with the production and maintenance employees de-
pending upon their own preference and directed an election, stating
that if the drivers voted for the I. A. M. their vote would be taken as in-
dicating that they desire to be included in the industrial unit.3 On
September 15, 1943, the election so directed was held and the truck
drivers unanimously selected the C. I. O. as their bargaining repre-
sentative. Thereupon the Board issued a supplemental decision 4
finding a unit of truck drivers and motorcycle drivers appropriate for
.the purposes of collective bargaining, and certifying the C. I. 0. as
representative for that unit.
On July 9, the C. I. O. requested recognition as the exclusive bar-
gaining representative of the Company's production and maintenance
employees, excluding, among others, truck drivers. The Company
refused to recognize the C. I. O. until it had been certified by the
Board.
The Company maintains that this proceeding is improper at this
time and should be dismissed (1) because it is barred by a contract
executed by the Company and the B. E. I. dated September' 29, 1942,
and extending "for the duration of the war"; (2) because the question
concerning representation herein, presented was determined in the
above-mentioned Case No. R-5782. Neither contention has merit.
The B. E. I. has stated that its contract is no bar to a determination
of representatives at this time. Although this is a unilateral waiver
it is unnecessary to evaluate its effect or to determine, the present
status of the B. E. I.5 The contract is of indefinite duration; it has
run almost a year. In accord with our settled policy under such cir-
cumstances ,, we find it is no bar to a determination of representatives
at this time.'
In the afore-mentioned case involving the truck drivers, no ques-
tion concerning the representation of the production and maintenance
employees was presented or decided by the Board. It is therefore
manifest that that proceeding does not bar our investigation of the
issues raised by the instant petition.
n Bendix Aviatiohi , Ltd, 52 N. L R. B . 59. Only the C. I 0. and the I. A. M. were
accorded places on the ballot as the Board found that the B. E. I. was in process of
dissolution.
September 29, 1943.
See footnote 3, supra.
Matter of The Trailer Company of America , 51 N. L. R B. 1106.
BENDIX AVIAIrION, LTD. 1185
Statements of an agent of the Board and of the Trial Examiner
indicate that the C. I. 0. and the I. A. M. each represents a substantial
number of employees of the Company in the appropriate unit.?
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 IINIT -
All parties agree that all maintenance and production employees,
as hereinafter defined, constitute a unit appropriate for the purposes
of collective bargaining. The Company and the I. A. M. would in-
clude and the C. I. 0. would exclude from this unit truck drivers
and timekeepers. The I. A. M. would also include shop clerks. The
Company would exclude them on the ground that it employs none
and the C. I. 0. maintains they are covered by the agreed inclusions.
The Company would qualify the description of the unit by the inser-
tion of the words "hourly paid." The unions are opposed to this
restriction.
The question of inclusion or exclusion of the truck drivers has
already been decided in the supplemental decision heretofore referred
to. In accordance with that decision we shall exclude them from the
unit.
The timekeepers are salaried employees under the jurisdiction of
the head of the accounting department. They make rounds of the
plant transferring job numbers to a worker's job card, question workers
on how long a job has taken, see that the employees truly set forth
the time they spend on their work, check time standards for jobs and
determine whether or not a man has met, exceeded or fallen below
the standard. They were part of the unit bargained for under a
collective bargaining agreement made in 1941, but were excluded
from the bargaining unit in 1942.8 Their headquarters is not in the
shop but in a small room off the shop. We find that the timekeepers are
clerical employees and shall exclude them from the unit-9 `
7 The C. I. O. submitted 606 authorization cards to the Board's , agent and 178 cards to
the Trial Examiner . Of these, 335 bore apparently genuine original signatures which
corresponded with names appearing on the Company 's pay roll for July 14, 1943. The
I. A. M. submitted 444 authorization cards to the Board's agent and 82 cards to the Trial
Examiner. Of these, 455 bore apparently genuine original signatures which corresponded
with names appearing on the Company 's pay roll for July 14, 1943. The said pay roll
contains the names of 1,189 maintenance and production employees. ,
8 The reason for exclusion is not entirely clear from the record . The Company contends
it was because the parties to the 1942 election agreed'that they are clerical . The C. I. 0.
contends it was because they were changed from hourly paid to salaried employees.
8 See Matter of Lyon Metal Products , Inc., 51 N. L. R; B. 1243; Matter of American
Propeller Corp, 43 N. L. R. B. 518, and Matter of The Liquid Carbonic Corp., 35
N. L. R. B. 674.
1186 DECISIONIS OF NATIONAL LABOR RELATIONS BOARD
The record does not indicate the presence of shop clerks in the
Company's plant. We, therefore, consider it unnecessary to pass
upon their, status at this time.
The unit description in the collective bargaining agreements which
the Company and its employees have operated under since 1941 con-
tains the words "hourly paid." All employees in the unit agreed upon
by the parties are hourly paid so that the inclusion or omission of this
modifier is of no practical significance at the present time. Never-
theless, since all production and maintenance employees would still
be eligible for inclusion in the unit if all circumstances remained
stable except their basis of pay, we shall omit the words "hourly paid"
from the description.
We find, in substantial accord with the agreement of the parties,
that all production and maintenance employees, including leadmen,
experimental machinists, inspectors, receiving and shipping employees,
toolroom employees, crib attendants, material handlers, parts movers,
stockmen, and all other storeroom and stockroom employees; and
excluding all office and clerical employees, shop timekeepers, em-
ployees of sales, accounting and personnel and industrial relations
departments, superintendents and assistant superintendents, general
foremen, foremen and assistant foremen, and all other supervisory em-
ployees having authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, time-study men, plant-production employees,
all production, estimating and planning engineers, draftsmen, de-
tailers, chemists, metallurgists, and service mechanics, and truck
drivers and motorcycle drivers 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 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 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
BENDIX AVIATION, LTD. 1187
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bendix Aviation,
Ltd., North Hollywood, California, 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 Twenty-first Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject 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 pre-
ceding 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 those employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by Inter-
national Union, United Automobile, Aircraft & Agricultural Im-
plement Workers of America, Local Union No. 24, affiliated with the
Congress of Industrial Organizations, or by International Associa-
tion of Machinists, District 22, for the purposes of collective bargain-
ing, or by neither.
549875-44-vol. 52-76