Brewster Aeronautical Corp.

National Labor Relations Board - Board Decisions

May 12, 1941

31 N.L.R.B. 776 (N.L.R.B. 1941)

In the Matter of BREWSTER AERONAUTICAL CORPORATION and LOCAL
NO. 365, INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF
AMERICA, AND LOCAL 807, TEAMSTERS AND TRUCK DRIVERS, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR
Case No. RE, -01.-Decided May 12, 1941
Jurisdiction : aeroplane manufacturing industry.
Practice and Procedure : petition dismissed where no appropriate unit within the
scope of the petition.
Olvaney, Eisner c1 Donnelly, by Mr. Mervin Lewis, of New York
City, for the Company.
Liebman, Leider cO Witt, by Mr: Harold I. Canvmer, of New York
City, for the United.
Mr. Thomas L. Hickey, of New York City, for Local 807.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
. On November 7, 1940, Brewster Aeronautical Corporation, Long
Island City, New York, herein called the Company, filed with the
Regional Director for the Second Region (New York City) a petition
alleging that a question affecting commerce had arisen concerning
the representation of employees of the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act. 49 Stat.,449, herein called-
-the Act. On November 25, 1940, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act
and Article III, Section 9, 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.
On January 10, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon Local No. 365, Interna-
tional Union, United Automobile Workers of America, affiliated with
31N.L R B, No. 130.
776
BREWSTER AERONAUTICAL CORPORATION 777
the Congress of Industrial Organizations, herein called the United,
and Local 807, Teamsters and Truck Drivers, affiliated with the Amer-
ican Federation of Labor, herein called Local 807, labor organizations
claiming to represent employees directly affected by the investigation.'
On January 21 and March 22, 1941, respectively, the Regional Di-
rector issued a notice of postponement of hearing and -a notice of
continuance of hearing. Pursuant to notice, a hearing was held on
April 14, 1941, at New York City, before Millard L. Midonick, the.
Trial Examiner duly designated by the Chief Trial Examiner. The,
Company and the United were represented by counsel, Local 807 by its
representative; all participated in the hearing. Full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. At the close
of the hearing, the United filed a motion to dismiss the-petition on the
ground that the unit urged by Local 807 is inappropriate for the pur-
poses of collective bargaining. The Trial Examiner reserved ruling
thereon.' The-motion is hereby granted for the reasons stated in See-,
tion.III below. During the course of the hearing the Trial Examiner
made several rulings on motions and on objections to the admission of
evidence. The-Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
On April 26, 1941, the Company filed a memorandum which the
Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Brewster Aeronautical Corporation is a New York corporation op-
erating two plants at Long Island City, New York, and one plant, at.
Newark, New Jersey, where it is engaged in the manufacture, sale,
and distribution of aeroplanes, and aeroplane and aircraft parts.-
During 1940 the Company purchased raw materials from points out-
side the States of New York and New Jersey, valued in excess of
$2,000,000, this figure representing approximately , 662/3 per cent of
the gross value of all raw materials purchased by the Company during
such period. During 1940 the- Company shipped finished products
valued in excess of $10,000,000 to points outside the States of New
York and New Jersey, this figure representing at least 80 per cent
of all its finished products. The Company concedes, for the pur-
pose of this proceeding, that it is engaged in commerce within the
meaning of Section 2 (6) and (7) of the-Act.
778 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATIONS INVOLVED
Local No. 365, International Union, United Automobile Workers
of America, is a labor organization affiliated with the Congress of
Industrial Organizations. It admits to membership employees of
the Company.
Local 807, Teamsters and Truck Drivers, is a labor organization
affiliated with the American Federation of Labor. It admits to mem-
bership employees of the Company.
III. THE APPROPRIATE UNIT
Local 807 urges that all chauffeurs employed at the Long Island
City and Newark plants of the Company constitute a single appro-
priate unit. The United and the Company contend that all the em-
ployees at the Long Island City and Newark plants constitute,an
appropriate unit and urge the dismissal of the petition herein on the
ground that the unit sought by Local,807 is inappropriate.
On June 24, 1937, the Company entered into a closed-shop contract
with the United covering all the employees at the Long Island City
and Newark plants. This contract .has been renewed from year to
year and was in effect at the time of the hearing. The last contract
was executed on December 23, 1940, and continues in-effect until De-
cember 12, 1941. Prior to its execution, Local 807 had made known
to the Company its demands to represent the chauffeurs. In October
1940 the United insisted that the five chauffeurs employed by the Com-
pany at that time who had joined Local 807, pay dues to the United.
The chauffeurs refused this demand and thereafter, the United de-
manded that the Company discharge these employees pursuant to its
closed-shop contract. The Company acceded to the demands of the
United and discharged the chauffeurs. Thereafter, Local 807 main-
tained a picket line at the Company's plants. On November 8, 1940,
the Company, the United, and Local 807, entered into, an agreement
whereby the picket line was removed from the plants of'the Com-
pany, the striking chauffeurs returned to work, and all parties agreed'
to be bound by a determination of the Board as to whether or not the
chauffeurs employed by the Company constitute a separate bargain-
ing unit.
In November 1940, the Company employed only five chauffeurs,
all of whom had signed membership application cards in Local 807.
However, at the time of the hearing, the Company had increased its
force of chauffeurs to 13, only three of whom were members of Local
807 at that time. - The chauffeurs at the Long Island City plants of
the Company are listed by the Company under the material-control
BREWSTER AERONAUTICAL CORPORATION 779
department , and at the Newark plant they are listed as a part of the
receiving and shipping department. These departments are and have
been, covered by the contracts between the Company and the United.
In view of the bargaining history on an industrial -unit basis, as
evidenced by the contracts between the United and the Company, we
find that the unit sought to be established by Local 807 in the present
case is not appropriate for the purposes of collective bargaining.
IV. THE QUESTION CONCERNING REPRESENTATION
Since, as we have found in Section III above , the bargaining unit
sought to be established by Local 807 is inappropriate for the pur-'
poses of collective bargaining at the Long Island City and Newark
plants of the Company, we find that no question has arisen concerning
the representation of employees in an appropriate bargaining unit.
Upon the basis of the above findings of fact and upon the entire
record in the case . the Board makes the following :
CONCLUSION OF LAW
No question concerning the representation , of employees at the Long
Island City and Newark plants of Brewster Aeronautical Corpora-
tion, Long Island City, New York, in a unit which is. appropriate for
the purposes of collective bargaining has arisen , within the mean-
ing of Section 9 (c) of the National Labor Relations Act.
ORDER
Upon 'the basis of the above findings of fact and conclusion of law,
the National Labor Relations Board hereby orders that the petition
for investigation and certification of representatives filed -by Brewster
Aeronautical Corporation , Long Island City , New York, be, and it
hereby is , dismissed.