Consolidated Vultee Aircraft Corp.

National Labor Relations Board - Board Decisions

May 2, 1945

61 N.L.R.B. 869 (N.L.R.B. 1945)

In the Matter of CONSOLIDATED VULTEE AIRCRAFT CORPORATION, FORT
WORTH DIVISION and INTERNATIONAL ASSOCIATION OF MACHINISTS,
LODGE 776-A, AFL
Case No. 16-R-533 (R-4712)
SUPPLEMENTAL DECISION
AND
AMENDED CERTIFICATION OF REPRESENTATIVES
May °3, 1945
On January 26, 1943, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.:,
On March 10, 1943, it issued a Certification of Representatives desig-
nating International Association of Machinists, Lodge 776-A, AFL,
herein called the Machinists, as exclusive bargaining representative of
all hourly rated production and maintenance employees of Consoli-
dated Aircraft Corporation, Fort Worth Division, Fort Worth, Texas,
herein called the Company, including confidential employees perform-
ing manual labor, tool designers who perform manual labor, tool
provers, and leadmen, but excluding executives, administrators, pro-
fessional employees, draftsmen and technicians, general office em-
ployees, general foremen, foremen and assistant foremen, supervisors
and assistant supervisors, department heads, assistants to department
heads, engineers, medical employees, plant-protection employees, ac-
counting and cost employees, timekeepers and time clerks, inspectors,
tool designers not performing manual labor, tool design checkers, tool
clerks, and student employees.
On January 22, 1945, the Machinists filed a motion with the Board
stating that the Company refused to bargain with it with respect to
"department clerks" and "tool liaison employees," and requesting that
the Board clarify the appropriate unit so as to include specifically
these categories of Qmployees. On February 10, 1945, the Board issued
a notice to all parties to show cause why the Machinists' request should
not be granted. In a reply dated January 27, 1945, the Company
objected to the Machinists' request and asked for a hearing. On
1 Matter of Consolidated Aircraft Corporation , 47 N. L. R. B. 30 . Consolidated Aircraft
Corporation is now known as Consolidated Vultee Aircraft Corporation.
61 N. L. R. B., No. 141.
869
870 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
March 9, 1945, the Board issued an order reopening the record and
providing for a hearing.
Pursuant thereto, a hearing was held upon due notice at Fort Worth,
Texas, on April 11, 1945, before John H. Garver, Trial Examiner.
The Company and the Machinists appeared and participated, and 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 afforded an oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
Department clerks: It appears that the Company employs approxi-
mately 800 department clerks who work in the general offices, general
foremen's offices, and in the factory in connection with production and
control records and tool control records. The parties agree that the
department clerks employed`in the general offices are to be excluded,
and those employed in the factory in connection with production and
control records are to be included. There is a dispute, however, with
regard to clerks employed in the general foremen's offices.
There are approximately 50 general foremen's officers, where from 1
to 3 department clerks are employed. Although the Machinists asserts
that only 1 clerk from each of the general foremen's offices cannot be
deemed to be within the unit, the Company contends that all such
clerks cannot properly be included therein. Since all these employees
handle personnel records, prepare wage review sheets, and have access
to confidential labor relations matters, we agree with the Company's
contention.
Tool liaison employees: 2 Tool liaison employees are part of the tool
department and work under "tool project engineers," who in turn
receive their instructions from the tool engineer. The Company em-
ploys approximately 75 workers in this category and classifies them
as tool liaison mgn "A", "B" and "C".
Although these employees are now hourly rated, at the time the
Board issued its certification they were on the Company's bimonthly
pay roll. When the engineering department makes changes in air-
craft parts or assemblies, it is sometimes necessary to change or modify
the tools. It is the duty of tool liaison employees, to determine, from
an inspection of the tools what changes are necessary and then to re-
port their recommendations to the tool project engineer. The work of
these employees is nonmanual and requires a high degree of skill. It
is clear that their duties are more closely related to those of technical
2 The Machinists also refer to these employees as "trouble shooters."
CONSOLIDATED VULTEE AIRCRAFT CORPORATION 871
employees who were excluded from the unit than to those of hourly
rated production and maintenance employees. Consequently, tool
liaison employees are properly excluded from the unit.
AMENDED CERTIFICATION OF REPRESENTATIVES 3
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, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3, as amended,
IT IS HEREBY CERTIFIED that, International Association of Machin-
ists, Lodge 776-A, AFL, has been designated and selected by a majority
of all hourly rated production and maintenance employees of Con-
solidated Vultee Aircraft Corporation, Fort Worth Division, Fort
Worth, Texas, including confidential employees performing manual
labor, tool designers who perform manual labor, tool provers, leadmen,
and department clerks working in the factory in connection with pro-
duction and control records, but excluding executives, administrators,
professional employees, draftsmen and technicians, general office em-
ployees (including department clerks employed in the general offices),
department clerks employed in the general foremen's offices, general
foremen, foremen and assistant foremen, supervisors and assistant
supervisors, department heads, assistants to department heads, en-
gineers, medical employees, plant-protection employees, accounting
and cost employees, timekeepers and time clerks, inspectors, tool de-
signers not performing manual labor, tool design checkers, tool clerks,
tool liaison employees, and student employees, as their representative
for the purposes of collective bargaining, and that pursuant to Section
9 (a) of the Act, the said organization is the exclusive representative
of all such employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other con-
ditions of employment.
8 This is not to be construed as a recertification of the Machinists.