Curtiss-Wright Corp.

National Labor Relations Board - Board Decisions

Jun 11, 1943

50 N.L.R.B. 408 (N.L.R.B. 1943)

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In the Matter of CURTISS-WRIGHT CORPORATION AIRPLANE FACTORY)
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
#369, A. F. OF L.'
In -the Matter of CURTISS-WRIGHT CORPORATION LOUISVILLE DIVISION
and INTERNATIONAL ASSOCIATION OF MACHINISTS'
In the Matter of CURTISS -WRIGHT CORPORATION - Lornsvn.LE DIVISION
and INTERNATIONAL , BROTHERHOOD OF FIREMEN & OILERS, LOCAL
#320, A. F. OF L.
Cases Nos.,R-5394 to R-5396, inclusively, respectively.-Decided,
June 11; 1943
Mr. Henry G . Hotchkiss, of New York City, for the-Company.
Mr-Lawrence F. Daley, of Washington , D. C., for the I. B. E. W.
Mr. L. O . Thomas, of Washington , D. C., for the I. A. M.
Mr. W. E. Fredenberger, ,of Louisville , Ky., for the Firemen and
Oilers.
Mr. Joseph E. Gubbins , of counsel to the Board.
DECISION
k AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
1
Upon separate petitions duly filed by International Brotherhood
of Electrical Workers, Local #369, affiliated with the A. F. of L.,
herein called the I: B. E. W.; International Association of Machinists,
herein called the I. A. M.; and International Brotherhood of Firemen
& Oilers, Local #320, affiliated with the A. F. of L., herein called the
Firemen and Oilers, each alleging that a question effecting commerce
had arisen concerning the representation of employees of Curtiss-
Wright Corporation, Louisville, Kentucky, herein called the Com
pany, the National LaborRelations Board provided for an appropriate
consolidated hearing upon due notice before William I. Shooer, Trial
1 Although the petition and other formal papers showed that the I . A M as affiliated
with the American Fedeiation of Labor, we take notice of the fact that since the hearing
the I . A. M. has withdrawn from the A. F. of L.
50 N. L R. B, No ' G2.
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408
A
CURTISS-WRIGHT CORPORATION 409
Examiner. Said hearing was held at Louisville, Kentucky, on May
20, 1943. The Company, the I. B. E. W., the I. A. M., and the Firemen
-'and-Oilers appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are herby
affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Curtiss-Wright Corporation is a New York corporation engaged
in the manufacture, sale, and distribution of airplanes and airplane
parts. The Company operates plants in Buffalo, New York, Colum-
bus, Ohio, St. Louis, Missouri, and Louisville, Kentucky. This pro-
ceeding involves the Louisville, Kentucky, plant only. The value of
the raw materials purchased each month by the Company for use in
the Louisville plant exceeds $2,000,000, substantially all of which is
purchased outside the State of Kentucky. The total output of the
airplanes manufactured and sold by the Company in its Louisville
plant is delivered to the United States Army Air Force at Louisville,
Kentucky, for shipment to points outside the State of Kentucky. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, Local #369,
and International Brotherhood of Firemen, & Oilers, #320, both
afdiatecl with the American Federation of Labor, and International
Association of Machinists, are labor organizations admitting to mem-
bership employees of the Company.
III. TILE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to recognize any of the petitioning unions
as the exclusive representative of the employees in the units claimed
to be appropriate, in the absence of certification by the Board. •
Statements prepared by a Field Examiner, introduced in evidence
at the hearing, indicate that each petitioning union represents a sub-
stantial number of employees of the Company within the unit urged
by said union and hereinafter found to be appropriate.2
2 The Field Examiner reported that the I B. E w submitted 15 authorization cards, all
of which bear genuine original signatures , and 11 of which bear the names of persons whose
names appear on the Company 's pay roll of February 7, 1943 , there are 17 employees in
the I. B E W 's unit . Ten cards were dated February 1943 and 1 card in April 1943
The Field.Examiner reported that the Firemen and Oilers submitted 10 authorization
410 DECISION'S OF NATIONAL LABOR - RELATION'S BOARD
1 We find that,questioris affecting commerce have 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 UNITS
We find, in accordance with a stipulation of the parties, that the
following groups of the -Company's employees in the Louisville
plant constitute units appropriate for the purposes of collective bar-
gaining, within the meaning of Section '9 (b) of the Act :
(1) All maintenance electricians and maintenance electrician help-
ers, excluding supervisory employees, that is, foremen, assistant
general foremen and general foremen, and those who have the right
to hire or discharge;
(2) All production and maintenance employees, including inspec-
tors, hourly paid traffic department employees, production electricians,
and janitors, but excluding office and clerical. employees, engineering
and time-study employees; employees in the planning department,
factory clerical employees paid on a salary basis, mold, loft and tem-
plate department employees, cafeteria employees, guards, maintenance
electricians and maintenance electrician helpers, steam engineers,
firemen, oilers , machine and equipment operators employed in the
boiler room and power plant, all supervisory employees and those
who have the right to hire or discharge;'and
(3) All steam engineers, firemen, oilers, and machine and equip-
ment operators employed in the boiler room and power plant' but
excluding supervisory employees and those who have the right to
hire and discharge.
V. THE DETEIIMINATION OF REPRESENTATIVES
Operations began in the Louisville plant in September 1942, at
'which time there were approximately 125 employees in the unit
claimed by the I. A. M.; presently, there are approximately 1.900
employees in the unit. ' The contemplated employment peak for this
unit is approximately 4,100, employees, and it is expected that this
peak will be reached in January 1944. It was stipulated by the
parties involved that the Board, if it orders an' election, should base
it,on the pay-roll period ending July 2, 1943, since by that date- the
cards , all 'of which bear genuine original signatures , and all of which bear names of per-
sons whose names appear on the Company ' s pay roll of February 7, 1943; there are 12
employees in the Firemen and Oilers' unit. All the cards were dated in January and Feb-
ruary 1943.
The Field Exammei reported that the I A M submitted 1,658 authorization cards
there are approximately 1,963 employees in the I A M ' s unit He made a sample check
of the cards against 460 names on the May 7, 1943 , pay roll , and reported that the names
on 298 , cards corresponded . The cards wete dated as follows : 1 in December 1941 ; 88 in
1942; 57 in Jannaiy 1943, 27 in'February 1943 ; 13 in March 1943 ; 80 in April 1943; and
32 undated. I '
CURTISS-WR'IGIiT CORPORATION 411
Company estimates it will have in excess of 50 percent of the per-
sonnel employed in the I. A. M.'s unit.', We adopt the stipulation
of the parties and shall direct that the employees of the" Company
eligible to vote in the elections shall be those in the respective groups
who were employed during the pay-roll period ending July 2, 1943,
subject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTIONS
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 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, Louisville, K. ntucky, elections by secret ballot shall be
conducted as early as possible after,July 2, 1943, but not later than
thirty (30) clays from the date of this Direction, under,the direction
and supervision of the Regional Director for the Ninth Region,
acting in this matter as agent for the National Labor Relation's
Board, and subject to Article III, Section 10, of said Rules and
Regulations, among the employees in the units found appropriate in
Section IV, above, who were employed by the Company at its Louis-
ville plant during the pay-roll period ending July 2, 1943; including
employees who did not work during 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 employees who have
since quit or been discharged for cause: (1) to determine, with re-
spect to the employees in the unit described in paragraph 1 of Section
IV, whether or not they desire to be represented by International
Brotherhood of Electrical Workers, Local #369, affiliated with the
A. F. of L., for the purposes of collective bargaining; (2) to de-
termine, with respect to the employees' in the unit described in
paragraph (2) of Section IV, whether or not they desire to be rep-
resented by International Association of Machinists, for the purposes
of collective bargaining; and (3) to, determine, with respect to the
employees in the unit described in paragraph (3) of Section IV,
whether or not they desire to be represented by International Brother-
hood of Firemen & Oilers, Local #320, affiliated with the A. F. of L.,
for the` purposes of- collective bargaining.
'The Company stated on the record that the other two units are stable and that no
material increase in the personnel therein will take place