Curtiss-Wright Corp.

National Labor Relations Board - Board Decisions

Dec 11, 1942

45 N.L.R.B. 1268 (N.L.R.B. 1942)

In the- Matter Of CURTISS-WRIGHT CORPORATION and INTERNATIONAL
ASSOCIATION OF MACHINISTS , DISTRICT 76, AFL.
Case No. R-4502.-Decided December 11, 194
Jurisdietkon :;,airplane parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all plant guards at several plants
of Company, excluding assistant to the general manager in charge of plant
protection, chiefs of the plant' guards, lieutenants, sergeants, , receptionists
and escorts, maintenance and safety men, members of.the fire department, and
special investigators.
Definitions : plant-protection employees made civilian auxiliaries of military
police by directive order of War Department, held not deprived of collective
bargaining rights under the Act. -
Spence, Windels, Walser, Hotchkiss d Angell, of New York City,
by Mr. Thomas Shaw Hale, for the Company.- '
Mr.'Dariiel B: Short-al, of Buffalo, N., Y., for the I. A. M.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
District 76, AFL, herein called the I. A. M., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Curtiss-Wright Corporation at its plants located at Tona-
wanda, and Cheektowaga, New York, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Francis V. Cole, Trial Examiner. Said hear-
ing was held at Buffalo, New York, on November 4, 1942. The Com-
pany and the I. A. M. appeared, 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.
45 N. L R. B., No. 175.
1268
CURTISS-WRIGHT - CORPORATION; 1269
Upon the- entire record in the case, the Board makes the following:
FINDINGS OF FACT
I.. THE .BUSINESS OF THE COMPANY
'Curtiss-Wright Corporation is a Delaware corporatioih, authorized
to do business in the State of New York. At the two plants here in-
volved, collectively referred to as the Buffalo plants, the Company
is engaged in the manufacture, sale and distribution of airplane parts.
During the calendar year 1941, the value of the raw materials used by
the Company at its Buffalo plants was $7,350,250, of which approxi-
mately 91 percent was purchased-and shipped to the Company from
points outside the State of New York. During the same period the
value of finished products Cold by the Coii piny amounted to $11,843,-
872.57, of which over 95 percent was shipped by the Company. to
points outside the State of New York. The Company admits that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATION INVOLVED
International Association of Machinists, District 76, is a labor
organization affiliated with the American Federation of Labor. It
admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the I. A. M. as bargaining
agent for the guards employed in the Buffalo plants because it dis-
putes the appropriateness of the alleged unit.
A statement of the Acting Regional Director, introduced in evi-
dence at the hearing, indicates that the I. A. M. represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Company contends that a unit comprised of plant guards em-
ployed in the Buffalo plants is inappropriate for two-, reasons: (a)'
' The statement 'of 'the ' Acting , Regional Director `shows ' that the I. A. W- submitted to
him 136 application cards,. 134 of which bore apparently genuine original signatures '
Of the 134 original signatures, 126 are the names of persons whose names are on the
Company's pay roll of October 19, 1942. Of these cards , 122 were dated between ,July
1942 and October 1942 and 22 were undated. The Company stated ' at the hearing that
there are 290 employees in the appropriate unit.
1270 DECISIONS OF NATIONAL LABOR" RELATIONS BOARD,
the Company` is not-their direct employer because the Army has mili-
tarized the guards as, civilian auxiliaries to the military police and
also has formulated certain employment standards applicable to the
guards; and (b) since the petitioning union and the union which
represents the production and maintenance employees of the Com-
pany are both affiliated with the same national union , certification of
the I. A. M. as their representative would subject the guards to con-
flicting loyalties.
As to the Company's first contention, the record shows that the
plant protection force employed at, the two Buffalo plants of the
Company comprises 290 guards, 13 sergeants, 7 lieutenants, 2 special
investigators, and two police chiefs. The guards are uniformed and
armed and are charged with the duty of preventing sabotage in the
plants. All guards have been militarized by the Army as civilian
auxiliaries to the military police. Also certain employment stand-
ards have been 'set up by the Army. However, the Company retains
the right to discharge for cause and matters such as hiring, compen-
sation and general working conditions will continue to be adjusted
between the employer and its employees. We find that this case is no
different from other cases in which we have found that plant guards
may constitute an appropriate unit.2
On August 29, 1942, pursuant to an election held on July 15, 1942,
the Board certified Aircraft Lodge No. 585, International Association
of Machinists, affiliated with the American Federation of Labor, as
the exclusive bargaining agent for all production and maintenance
employees of the Company! It is on these facts that the Company
bases its contention that the guards would, if represented by the
I. A. M., be subject to divided loyalties. We find this contention to
be without merit for reasons stated in the recent Chrysler case and
subsequent cases,4 wherein we have repeatedly said that we perceive
no necessary conflict between self-organization and collective bargain-
ing and the faithful performance of duty. Freedom to choose a
bargaining agent includes the right to select an affiliate of or the same
representative as the one chosen by other employees of the employer
in a different bargaining unit.
2 See Matter of Chrysler Corporation , Highland Park Plant and Local 114, United
Automobile, Aircraft and' Agricultural Implement Workers of America, affiliated with the
C 1. '0, 44 N L R. B. 881; Matter of Campbell Soup Company ( Camden, New
Jersey plant ) and United Cannery, Agricultural , Packing & Allied Workers , Local 80,
C. 1. 0., 45 N. L. R. B., No 2: Matter of Johns-Manville Products Corporation and Watch-
men's Protective Organization Federal Local , affiliated with the A. F of L ., 45 N. L . R B. 33.
3 Pursuant to 'a stipulation of -the parties in that case , watchmen and guards were
excluded from the production and maintenance unit . See Matter of Curtiss -Wright Corpo-
ration and United Automobile, Aircraft it Agricultural Implement Workers of America,
0. 1. 0., Local 753, at al, 41 N. L. R. B . 1367.
4 See cases cited in footnote 2, supra.
CURTISS-WRIGHT CORPORATION 1271
The parties agreed to the composition of the unit in the event the
Board found the guards here involved could constitute an appropriate
unit. Accordingly we find that all plant guards employed by the
Company at its plants in and near Buffalo, New York, excluding the
assistant to the general manager in charge. of plant protection, chiefs
of, the plant guards, lieutenants; sergeants, receptionists and escorts,,
maintenance and safety men, members of the fire department, and
special investigators,; constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
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
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
Election, 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Curtiss-Wright
Corporation, at its two Buffalo, New York, plants, 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 of Election, under
the direction and supervision of the Regional Director for the Third
Region, acting in this matter as agent 'for the National Labor Rela-
tions Board, and subject to Article III, Section 10, of said Rules'and
Regulations, among all employees of the Company 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 in the active military service
or training of the United States, or temporarily laid off, but excluding
any who have since. quit ox been discharged for cause,.to determine
whether or not they desire to be represented by International Asso-
ciation of Machinists, District 76, 'A. F. L., for the purposes of
collective bargaining. _