Columbia Aircraft Corp.

National Labor Relations Board - Board Decisions

Jan 29, 1945

60 N.L.R.B. 257 (N.L.R.B. 1945)

In the Matter of COLUMBIA AIRCRAFT CORPORATION and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, UAW-CIO , LoCAL 547
Case No. 2-R-5167.Decided,January 29, 1945
Putney, Twambly, Hall d Skidmore, by Mr. Thomas M. Kerrigan,
,of New York City, for the Company:
Messrs. Benjamin Rubenstein, Charles Kalmzanson, Paul Krebs, and
Frank Torino, *of New York City, for the C. 1. 0.
Messrs. Stephen M. Estey, and Richard Thuser, of New York City,
for the A. F. L. -
Miss Virginia A. Miller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition 1 duly filed by the International Union,
United Automobile, Aircraft & Agricultural Implement Workers of
America, UAW-CIO, Local 547, herein called the C. I. 0., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Columbia Aircraft Corporation, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Richard J. Hickey,
Trial Examiner. Said hearing was held at New York City, on Decem-
ber 21, 1944. At the commencement of the hearing, the Trial Ex-
aminer granted a motion of the International Association of Machin-
ists, A. F. of L., herein called the A. F. L., to intervene.2 The Com-
pany, the C. I. O., and the A. F. L., appeared and participated. All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were af-
' The Trial Examiner granted an oral motion by the C I. 0. to amend the petition with
reference to the unit requested.
2 The C. I. 0 objected to the motion for intervention on the ground that the A . F. L. had
not shown sufficient evidence of interest.
60 N. L. R. B., No. 54.
628563-45-vol. 60-1S 257
Ic
258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
forded an opportunity to file briefs with the Board. The Company
filed a motion to reopen the record for the adducing of additional
evidence regarding the showing of representation made by the C. I. 0.,
and further requested that oral argument be presented; the motion
and the request are hereby denied for reasons hereinafter set forth.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Columbia Aircraft Corporation, a New York corporation, has its
principal office and one plant at Valley Stream, Long Island, New
York, where it is engaged in the manufacture of aircraft and aircraft
parts for the United States Navy. In addition to 'its Valley Stream
plant, the Company also maintains and operates similar plants-at
Franklin Square, Lynbrook and Baldwin, Long Island, New York-,
together with a warehouse at Jamaica, New York, all of which are
involved in the present proceeding, and are hereinafter referred to
collectively as the Long Island plants. During the period from
December 1, 1943, to November 30, 1944, the Company received for
use at its Long Island plants, raw material- valued in excess of $500,-
000, approximately 50 percent of which was shipped to it from points
outside the State of New York. During the same period, the Com-
pany manufactured and produced finished airplanes and parts, valued
in excess of $1,000,000, approximately 75 percent of which was shipped
to various points outside the State of New York and to foreign
countries. _
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, U. A. W., Local 547, affiliated with
the Congress of Industrial Organizations, is a_ labor organization ad=
mitting to membership employees of the Company.
International Association of Machinists, affiliated with the Ameri-
can Federation of Labor, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about November 9, 1944, the C. I. O. notified the Company of
its claim to represent a majority of the Company's employees in the
alleged appropriate unit. The Company refused recognition on the
COLUMBIA AIRCRAFT CORPORATION 259
ground that it believed that the C. I. 0. did not, in fact, represent
such a majority. -
The Company contends that, inasmuch as less than a year has elapsed
since an election was conducted by the Board on June 26, 1944, in sub-
stantially the same unit as that which it here alleges to be appropri-
ate,3 no election should be held on the present petition. In that elec-
tion, a majority of the votes cast were against representation by the
C. I. 0. Six months, however, have elapsed since the election, and
the C. I. 0. has submitted a number of additional designations dated
subsequent to the election of June 26, 1944, which constitutes a suffi-
ciently substantial showing of representation to warrant an election
at this time,4 and we believe that the policies of the Act will best
be effectuated by so directing.5
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within ,the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We-find, substantially in accordance with the stipulation of the
parties, that all production and maintenance employees of Columbia
Aircraft Corporation, employed at its plants at Valley Stream, Frank-
lin Square, Jamaica, Lynbrook, and Baldwin, Long Island, New York,
including tool crib employees, shipping and receiving employees,
stock handlers, expediters, dispatchers, dispatching clerks, inside
truckers, chauffeurs, helpers,, truck drivers, freighters, material han-
dlers, packers, keymen, inspectors, lay-out men, and loftsmen, but
excluding the chief inspector, assistant chief inspector, all office em-
ployees, timekeepers, guards, plant-protection firemen, airport control
operator, architect, all pilots, draftsmen, aeronautical, design, electri-
cal, material and processing, research and analytical, spare parts,
industrial, methods, plant, radio and safety engineers; field service
representatives, radio operator, time and motion study men, liaison
men, and all foremen, assistant foremen, leadmen, and all other super-
visory employees-with authority to hire, promote, discharge, disci-
8 Matter of Columbia Aircraft Corporation , 56 N. L R B. 1134.
4 The Field Examiner reported that the C . I. 0 submitted 877 membership application
cards, 701 of which appeared on the Company's pay roll of November 5, 1944. Of these
701 cards , 11 are dated prior to the date of the previous election • 567 are dated subse-
quent thereto and 123 are undated. With reference to the undated cards , the report indi-
cates that the C. I 0 representative in charge of the organizing drive submitted an
affidavit that the undated cards were obtained subsequent to the prior election . The Trial
Examiner rendered a Report of Investigation wherein it appears that the A. F . L. sub-
mitted 226 membership application cards, 190 of which checked against the Company's
pay roll of the above date . Of these 190 cards , 187 are dated subsequent to the prior elec-
tion date and 3 are undated . There are approximately 1,585 employees in the appropriate
unit.
8 Matter of Superior Castings Corporation , 56 N. L . R B. 1785; Matter of Wagner Electric
Corporation, 53 N. L . R. B. 543, and cases therein cited.
260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the-Act.6
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Columbia Air-
craft Corporation, Long Island, New York, 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 super-
vision of the Regional Director for the Second Region, acting in this
matter as agent for the National Labor Relations Board,, and subject
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 preced-
ing the'date of this Direction, including employees who did not work
during the 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 and have not been rehired or reinstated prior to the date of
the election, to determine whether they desire to be represented by
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, U. A. W.-C. I. 0., Local 547, or by
International Association of Machinists, A. F. L., for the purposes of
collective -bargaining, or by neither.
U The unit found appropriate herein is substantially the same and differs from that
found appropriate by the Board in 56 N L. R. B 1134 (see footnote 3, supra ) only in
that it includes the Baldwin plant which was established by the Company subsequent to the
prior proceeding and that it includes lay-out men and loftsmen and excludes liaison men,
which three job classifications have also been created since that time.