Consolidated Vultee Aircraft Corp.

National Labor Relations Board - Board Decisions

Mar 13, 1944

55 N.L.R.B. 443 (N.L.R.B. 1944)

In the Matter Of CONSOLIDATED Vur.TEE AIRCRAFT CORPORATION (ALLEN-
TOWN DIvISION)1 and INTERNATIONAL ASSOCIATION OF MACHINISTS,
A. F. of L.
Case No. 4-R-1307.-Decided March 13, 1944
Pruitt cfi Grealis, by Mr. John J. Grealis, of Chicago, Ill., and Mr.
Mervin Marco, of Allentown, Pa., for the Company.
Mr. Stanley N. Lentz, of Philadelphia, Pa., and Messrs. O. H. Coff-
man and Paul Williams, of Allentown, Pa., for the I. A. M.
Mr. Maurice Sugar, of Detroit, Mich., and Leider, Witt and Cam-
mer, by Mr. Harold I. Cammer, of New York City, and Messrs. Wil-
liam Gibson and George Scheitinger, of Allentown, Pa., for the
U. A. W.
Mr. Bernard Cushman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machin-
ists, A. F. of L., herein called the I. A. M., alleging that a question
affecting commerce has arisen concerning the representation of em-
ployees of Consolidated Vultee Aircraft Corporation (Allentown
Division), herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Geoffrey J. Cuniff, Trial Examiner. Said hearing was held at Allen-
town, Pennsylvania, on January 31, 1944. The Company, the I. A. M.,
and International Union, United Automobile, Aircraft & Agricul-
tural Implement Workers of America, (C. I. 0.), herein called the
U. A. W., appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses and to introduce
evidence bearing upon the issues. At the hearing the Company
moved for the dismissal of the petition upon the ground that the unit
requested by the I. A. M. is inappropriate because the Company has
I It was stipulated at the hearing that the correct name of the Company is that set forth
In the above caption.
55 N. L. R. B.. No. 84.
443
444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
not yet employed a majority of its total anticipated complement of
personnel at the plant in question. Decision thereon was reserved for
the Board. For reasons appearing hereinafter the motion is hereby
denied. The Trial Examiner's rulings made at the hearing are free
from prejudical error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF TILE COMPANY
The Company is a Delaware corporation with its main office and
plant at San Diego, California. It operates 12 divisions or plants in
various parts of the United States. The plant in question here is
known as the Allentown Division and is located at Allentown, Penn-
sylvania. In its various divisions the Company is engaged in the
design, manufacture, development, and sale of aircraft, aircraft parts
and accessories. The Company is one of the largest manufacturers of
airboats in the United States, one of the largest contractors with the
United States Army and Navy in connection with aircraft and oper-
ates one of the largest airplane manufacturing establishments in the
United States. At the present time the Company, through its divi-
sions, is engaged exclusively in the production of military and naval
aircraft and all aircraft produced by the Company is sold to the United
States Government through the United States Army or Navy to fill
various supply contracts in existence between the Company and the
United States Government. The plant operated at Allentown, Penn-
sylvania, is owned by the United Sates Government and is operated
by the Company. During the past 12 months raw materials of ap-
proximately $1,000,000 in value was purchased at and shipped from
points outside Pennsylvania to the Allentown plant.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. TILE ORGANIZATIONS INVOLVED
International Association of Machinists, affiliated with the Ameri-
can Federation of Labor, is a labor organization admitting to mem-
bership employees of the Company.
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
CONSOLIDATED VULTEE AIRCRAFT CORPORATION 445
III. THE QUESTION CONCERNING REPRESENTAZION
On or about November 10, 1943, the I. A. M., requested the Company
for recognition as the exclusive bargaining representative of the em-
ployees within the alleged appropriate unit. The Company refused
such recognition unless and until the I. A. M. was certified by the
Board.
A statement of a Board agent, introduced into evidence at the Board
hearing, indicates that the I. A. M. represents a substantial number of
employees of the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees in the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV THE APPROPRIATE UNIT
The I. A. M. and the U. A. W. contend for a unit consisting of all
production and maintenance employees of the Company at its Allen-
town plant, excluding foremen, supervisory employees, guards and
watchmen, office and clerical employees, engineers, draftsmen, in-
dustrial relations department employees, medical department em-
ployees, cafeteria employees, outside expediters, pay roll clerks, and
planning employees. The Company, while in substantial agreement
with the I. A. M. and U. A. W., contends that certain specific classifica-
tions of employees should be excluded from the bargaining unit.
Classification of employees in dispute
The I. A. M. and the U. A. W. contend for the inclusion and the
Company for the exclusion of the following categories:
Timekeepers-The timekeepers are employees who keep records,
for accounting purposes, as to the distribution of employees' working
time which forms the basis for allocations of costs to various jobs.
Since their duties appear to be entirely clerical we shall, in accordance
with our usual practice, exclude the timekeepers.
inspectors-The inspectors, some of whom are salaried and" some
hourly paid employees, check the various parts manufactured in the
plant to determine whether or not the product is complete and in
2 A Field Examiner of the Board reported that the I A M. submitted 594 ahthorizat,on
cards These authorizations were dated as follows • 3 in October and November 1942; 178
in October 1943 ; 339 in November 1943, 29 in December 1943 , 17 in January 1944, and 28
were undated The Field Examiner stated fm ther that according to the pay roll for the
peiiod ending January 4, 1944, there were 1,045 employees in the unit alleged to be
appropriate
The Field Examiner also reported that the U A. W. submitted 225 application for mem-
bership cards These cards were dated as follows : 2 in January 1943 ; 1 in September
1943 ; 16 in October 1943 , 1 in November 1943 ; 34 in December 1943 ; 174 in January 1944,
and 27 were undated.
446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
accordance with specifications. The Company contends that these
employees work with blueprints which are confidential in nature and
that hence inspectors should be excluded. So far as the record dis-
closes the rejection of work by an inspector does not affect the job
status of employees. It does not appear that the inspectors have any
part in formulating the specifications or that they have authority to
recommend disciplinary action in the event that their examination
discloses defective work on the materials . Since none of the aspects
of their work is sufficiently confidential to be fairly described as allied
with management functions, we see nothing in the Company' s conten-
tion to warrant us from departing from our ordinary practice and
we shall accordingly, include the inspectors.
Inside expediters-These employees follow the production process
with a view toward facilitating the arrival of raw materials and parts
at the various departments in time to prevent any delay in the pro-
duction process . Production employees are at times transferred to
work as inside expediters. They receive approximately the same rate
of pay as do ordinary production workers. We shall, in accordance
with our usual practice include the inside expediters.
Checkers-These employees keep records concerning the shipment
and receipt of materials and parts forwarded to and received from
subcontractors performing work for the Company. While they do
no manual work they carry on their duties in the finished and raw stock
stores department which are located in the plant. Their work is
closely related to that of the production and maintenance employees.
Nothing in the nature of their duties appears to be confidential in the
sense that such duties may be classed as managerial. We shall include
the checkers in the appropriate unit.
Counters-These employees spend the bulk of their time counting
manufactured parts for inventory purposes. They do some manual
labor in connection with the moving of such manufactured parts. The
Company contends that their work is confidential and not related to
the productive processes. The duties of these employees are similar
to those of the checkers whom we have included. We shall include
the counters in the appropriate unit.
Shop clerical employees.-These employees are located in so-called
plant offices and keep production and stock records . Some of these
employees have duties which take them into the operating departments
and wear a regulation uniform as do the production and maintenance
employees. The Company contends that the work of these employees
Is confidential and should result in their exclusion . The record fails
to indicate that their work may fairly be described as managerial in
nature. It appears that these employees have interests more in com-
mon with those of the production employees than with those in other
CONSOLIDATED VULTEE AIRCRAFT CORPORATION 447
offices. We shall include shop clerical employees in the appropriate
unit.
We find that all production and maintenance employees, including
inspectors, checkers, counters, inside expediters, and shop clerical em-
ployees, but excluding timekeepers, foremen, guards, watchmen, engi-
neers, draftsmen, industrial relations department employees, medical
aepartment employees, office and clerical employees, outside expe-
(liters, planning employees, pay-roll clerks, cafeteria employees, and
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. TIIE DE ERIIINATION OF REPRESENTATIVES
The Company contends that no election should be directed at the
present time because it contemplates a substantial increase in its per-
sonnel. The record discloses that the Company is presently employ-
ing 2,500 persons of whom there are approximately 1,000 employees
engaged in production and maintenance activities. Mervin Marco,
industrial relations director of the Company, testified that at the
present time the Company is engaged in a so-called modification op-
eration and in various experimental operations; that the Company is
also "tooling up" and making ready for the production of a new type
of aircraft and that such production is expected to reach its peak in
May 1944, at which time the Company anticipates a total complement
of about 1,400 production and maintenance employees, and a total
complement of personnel of approximately 5 ,200 persons. There is
presently employed a representative number of persons in all produc-
tion and maintenance classifications. The Company argued that be-
cause of the existence of an alleged agreement between the War and
Navy Departments and the parent organizations with which the I. A.
M. and the U. A. W. are affiliated, whereby no afraliated labor organi-
zation would seek certification as exclusive bargaining representative
until such time as there were employed in the appropriate unit a ma-
jority of the personnel expected to be employed therein the petition
should be dismissed. It appears that the Company is presently em-
ploying a majority of the persons making up the ultimate anticipated
complement of employees in the unit herein found appropriate. We
find nothing inconsistent on this record either with the alleged agree-
ment referred to by counsel for the Company or with our present
practice in cases involving expanding units.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees in the appropriate unit who were employed during the pay-
ioll 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 Rela-
tions Board Rules and Regulations-Series 3, it is hereby
Dnu:CTi_D that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Consolidated
Vultee Aircraft Corporation (Allentown Division), Allentown, Penn-
sylvania, an election by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the (late of this Direc-
tion, Linder the direction and supervision of the Regional Director
for the Fourth Region, acting in this matter as u^rent 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 preceding 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 in-
cluding employees in the armed forces of the United States who pre-
sent 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 Association
of Machinists, A. F. of L., or by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
C. I. 0., for the purposes of collective bargaining, or by neither.
Dlr. JoiiN M. HOUSTON took no part in the consideration of the
above Decision and Direction of Election.