Cessna Aircraft Co.

National Labor Relations Board - Board Decisions

Aug 1, 1955

113 N.L.R.B. 450 (N.L.R.B. 1955)

450 DECISIONS. OF NATIONAL LABOR RELATIONS BOARD
engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the
Act.
6. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication.]
APPENDIX
NOTICE To ALL EMPLOYEES
Pursuant to the recommendations of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the Labor Management
Relations Act, we hereby notify our employees that:
WE WILL NOT engage in any acts-in any manner interfering with the efforts
of Bookbinders & Machine Operators Union No, 25, International Brotherhood
of Bookbinders, AFL, to negotiate for or represent the employees in the bar-
gaining unit described below.
WE Will, bargain collectively, upon request, with Bookbinders & Machine
Operators Union No. 25, International Brotherhood of Bookbinders, AFL,
as the exclusive representative of all the employees in the bargaining unit
described herein, with respect to rates of pay, wages, hours of employment,
or other conditions of employment, and if an agreement is reached, embody
it in a signed contract. The bargaining unit is:
All production and maintenance employees employed at our New York
plant, exclusive of all office clericals, guards, professional employees, and
supervisors as defined in Section 2 (11) of the National Labor Relations
Act.
AMERICAN Loosa LEAF CORPORATION,
Employer.
Dated---------------- By----------------------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof, and must not be
altered, defaced, or covered by any other material.
Cessna Aircraft Company, Wichita Division and International
Brotherhood of Electrical Workers, Local' 271, AFL, Petitioner.
Case No. 17-RC-?OOd. August 1, 1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Charles A. Fleming,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.'
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.'
1 The Employer's motion to dismiss the petition on the grounds that the Petitioner failed
to make a proper showing of interest in the unit as amended, is denied. The showing of
interest is an administrative matter ; and, in any event, the unit hereinafter found to
be appropriate is the same as the one originally petitioned for.
3 International Association of Machinists, District Lodge No. 70, AFL, was permitted
to intervene on the basis of its current contractual interest.
113 NLRB No. 48.
'CESSNA AIRCRAFT COMPANY 451
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit :
The Petitioner originally sought to sever all maintenance elec=
tricians from an existing production and maintenance unit at the
Employer's Wichita, Kansas, Pawnee Road and Prospect plants.
However, at the conclusion of the hearing the Petitioner 'amended
its unit request to include all maintenance electricians, all small-tools
repairmen, all trades-helpers regularly assigned to the maintenance
electricians, and employee John Roy Farris. The Employer and
the Intervenor contend that such unit is inappropriate.
At the Employer's Pawnee Road and Prospect plants the mainte-
nance electricians are assigned to a maintenance department that is su-
pervised by a maintenance foreman. However, the maintenance elec-
tricians are separately supervised by electrician leadmen and have a
separate electrical shop where their tools and equipment are stored
and minor repairs on electrical equipment are made. All the Em-
ployer's electrical maintenance and repair work, with the exception
of motor rewinding ,and major construction projects, is handled by
the maintenance electricians. Thus, among other things, they are re-
quired to run conduit, relocate circuits, and service and maintain trans-
formers and electric motors. Moreover, all their work must con-
form to the national electrical code. Although there is no apprentice
program for the maintenance electricians, on-the-job training is uti-
lized and advancement within the electrician classification is predi-
cated upon the electrical skill and knowledge of the employee. Thus,
a maintenance electrician "A" must have 2 to 3 years' electrical wir-
ing and maintenance experience and at least 1 year trouble-shooting
experience, while maintenance electrician "B" needs only 1-year main-
tenance and installation experience. On these facts we find that the
maintenance electricians constitute a distinct group of craft em-
ployees who may, if they so desire, be represented as a separate ap-
propriate unit by the Petitioner which has historically represented
such units.3
As previously noted, the Petitioner would also include in this unit
the small-tools repairmen, the trades-helpers regularly assigned to the
maintenance electricians, and employee John Roy Farris.
The small-tools repairmen repair and maintain small electric and
pneumatic tools. Although they are required to perform a combina-
tion of electrical and maintenance duties, their skills and training
are not described' in the record. There was no evidence presented,
moreover, to indicate that they are in the maintenance electrician
line of progression. Accordingly, we shall not include them in the
group of maintenance electricians. •
0 Lockheed Aircraft Corporation , Georgia Divieion, 111 NLRB 594.
452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
- John Roy Farris is classified as a millwright by the Employer.
The record reflects that he performs 90 percent of the electrical work
that is done on the night shift. However, there was no evidence pre-
sented regarding his training and skills, the type of the electrical
work that he performs, or the amount of time that he devotes to elec-
trical work. We shall not include Farris with the maintenance elec-
trician group.'
The trades-helpers are assigned to the maintenance department, but
none of the employees in this classification are permanently assigned
to the maintenance electricians. On the contrary, as their services are
required, the trades-helpers are assigned to the various craftsmen in
the maintenance department. As the trades-helpers are not regularly
assigned to the maintenance electricians we shall also exclude them
from the voting group.
Accordingly, we shall direct that an election be conducted in the
following voting group of employees at the Employer's Wichita,
Kansas, Pawnee Road and Prospect plants :
All maintenance electricians, excluding all other employees, Elec-
trician Leadmen Sawyer and Hawkins,' and all other supervisors as
defined in the Act.
If a majority vote for the Petitioner they will be taken to have indi-
cated their desire to constitute a separate appropriate unit, and the
Regional Director conducting the election directed herein is instructed
to issue a certification of representatives to the Petitioner for the unit
described in paragraph numbered 4, which the Board, under such
circumstances, finds to be appropriate for purposes of collective bar-
gaining. In the event a majority vote for the Intervenor, the Board
finds the existing unit to be appropriate and the Regional Director will
issue a certification of results of election to such effect.
[Text of Direction of Election omitted from publication.]
4 Southern Paperboard Corporation,-112 NLRB 302. -
5 Beaunit Mills , Inc., 109 NLRB 651, 657, 659.
6 Sawyer and Ha*kins regularly devote approximately 20 percent of their time to-super-
visory duties. They assign work to the maintenance electricians and then inspect the
finished jobs. They also effectively recommend the hiring and promotion of the main-
tenance electricians. On these facts we find that Sawyer and Hawkins are supervisors
within the meaning of the Act See General Electr ie Company, 109 NLRB 2
Truck Drivers Local Union No. 375, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, A.F.L. and George Maxwell . Case No. 3-CD-14.
Augusta, 1955
DECISION AND DETERMINATION OF DISPUTE
This proceeding arises under Section 10 (k) of the Act, which pro-
vides that "whenever it is charged that any person has engaged in-an
113 NLRB No. 50.