Curtiss-Wright Corp.

National Labor Relations Board - Board Decisions

Jul 17, 1941

33 N.L.R.B. 490 (N.L.R.B. 1941)

In the Matter of CURTISS-WRIGHT CORPORATION (PROPELLER DIVISION),
CLIFTON, N. J. and AIRCRAFT LODGE 703 I. A. of M., A. F. OF L.
In the Matter of CURTISS-WRIGHT CORPORATION-PROPELLER DIVISION
and I. A. OF M. AIRCRAFT WORKERS LODGE 703 A. F. OF L. THE
PROPELLER-CRAFT, INC. -
In the Matter of CURTISS-WRIGHT CORPORATION (PROPELLER DIVISION)
and THE PROPELLER-CRAFT INC.
Cases Nos. R-2637, RE-P35, and R-2638, respectively .Decided
July 17,1941
Jurisdiction : airplane propeller manufacturing industry.
Investigation and Certification of Representatives : existence of question:
raised by dispute between two labor organizations as to appropriate unit;
agreed pay-roll date; labor organization whose unit contentions not upheld
permitted to withdraw from election ; election necessary.
Unit Appropriate for Collective Bargaining : two-plant unit held appropriate
where plants operated as one manufacturing unit and bargaining history
has been on that basis ; learners, guards, and working group leaders included
in unit on basis of prior bargaining history' where unions disputed appro-
priateness of their inclusion.
Mr. Alan F. Perl, for the Board.
Spence, Windels, Walser, Hotchkiss d Angell, by Mr. Andre
Maximov and Mr. Desmond Fitz Gerald, of New York City, for the
Company.
Mr. Jerome F. Sturm, of New York City, for Aircraft and the
Metal Polishers.
Mr. Donald G. Collester, of Clifton, N. J., for Propeller-Craft.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 29, 1941, Aircraft Lodge 703 I. A. of M., A. F. of L.,
herein called Aircraft, filed a petition with the Regional Director
for the Second Region (New York City) alleging that a question
affecting commerce had arisen concerning the representation of
employees of Curtiss-Wright Corporation (Propeller Division),
33 N. L. R. B., No. 96.
490
CURTISS-WRIGHT CORPORATION 491
Clifton, N. J., herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9
(c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On June 4, 1941, the Company filed a petition with the
Regional Director alleging that a question affecting commerce had
arisen concerning the representation of its employees, and requesting
an investigation and certification of representatives. On June 5,
1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section
3, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, ordered an investigation and authorized 'the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice; and further ordered, acting pursuant to
Article III, Section 10 (c) (2), of said Rules and Regulations, that
the two cases be consolidated.
On June 6, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company; Aircraft; the
American Federation of Labor; The Propeller-Craft, Inc., herein
called Propeller-Craft; Metal Polishers, Buffers, Platers & Helpers
International Union, Local 121, A. F. of L., herein called the Metal
Polishers; International Association of Machinists: United Automo-
bile Workers of America, C. I. 0., Aircraft Division; and Steel
Workers Organizing Committee, C. I. O.
On June 9,1941, Propeller-Craft filed a petition with the Regional
Director alleging that a question affecting commerce had arisen con-
cerning the representation of employees of the Company and request,
ing an investigation and certification of representatives. On the
same day the Board ordered an investigation with respect to Pro-
peller-Craft's petition, and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due
notice, and further ordered that the case arising on Propeller-Craft's
petition be consolidated with those of Aircraft and the Company.
Pursuant to notice, a hearing was held on June 9, 10, 11, and 14,
1941, at New York City' before Millard L. Midonick, the Trial
Examiner duly designated by the Chief Trial Examiner. The
Board, the Company, Aircraft, Propeller-Craft, and the Metal
Polishers were represented by counsel and participated in the hear-
ing., Full opportunity to be heard, to examine and cross-examine
witnesses , and to introduce evidence bearing on the issues was
afforded all parties. The Metal Polishers, at the hearing, merged
its claim with that of Aircraft. At the hearing the Company moved
to withdraw its petition. The Trial Examiner reserved ruling and
referred the motion to the Board . Since all issues can be adjudicated
1 The A . F. of L ., U. A. W., and S . W. O. C. did not appear.
492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in connection with the disposition of the petitions of Aircraft and
Propeller-Craft, the motion is hereby granted. At the hearing Pro-
peller-Craft moved to abate the proceedings until Aircraft would
agree to withdraw with prejudice a charge previously filed with
the Board (and subsequently withdrawn without prejudice) alleging
that Propeller-Craft was dominated by the Company within the
meaning of Section 8 (2) of the Act. The Trial Examiner reserved
ruling and referred the motion to the Board. The motion is hereby
denied. During the course of the hearing the Trial Examiner made
various rulings on other motions and on objections to the admission
of evidence. The Board has reviewed the rulings of the Trial
Examiner and finds that no prejudicial errors were committed. The
rulings are hereby affirmed. The Company, at the request of the
Trial Examiner, filed a summary of facts, and Aircraft and Pro-
peller-Craft filed briefs, all of which the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a Delaware corporation engaged in the manu-
facture, sale, and distribution of airplane propellers with its principal
office at Caldwell, New Jersey. It operates plants at Caldwell and
Clifton, New Jersey; Pittsburgh and Beaver, Pennsylvania; and
Indianapolis, Indiana. During the 6 months preceding June 10,
•1941, the Company purchased and used at the Clifton and Caldwell
plants raw materials valued in excess of $360,000, more than 99 per-
cent of which materials were shipped to Clifton and Caldwell from
points outside the State of New Jersey. During the last 6 months
of 1940 the Company's gross sales of products manufactured at the
Clifton and Caldwell plants amounted to more than $7,000,000, over
90 percent of which products were shipped by the Company to points
outside the State of New Jersey. ,
II. THE ORGANIZATIONS INVOLVED
Aircraft Lodge 703 is a labor organization affiliated with the Inter-
national Association of Machinists which is in turn affiliated with the
American Federation of Labor. It admits to membership employees
of the Company.
The Propeller-Craft, Inc., is an unaffiliated labor organization
admitting to membership employees of the Company.
CURTISS-WRIGHT CORPORATION 493
III. THE QUESTION CONCERNING REPRESENTATION
On May 29, 1941, Aircraft requested recognition as bargaining
representative of the Company's employees at its Caldwell, New Jer-
sey plant. The Company questioned the, appropriateness of the unit
proposed by Aircraft and further stated that it had by contract rec-
ognized Propeller-Craft as representative of its employees at the
Caldwell and Clifton plants. Aircraft then filed a petition for in-
vestigation and certification as representative of the Caldwell em-
ployees; the Company filed a petition for an-election and certification
in whatever unit the Board should find appropriate; and Propeller-
Craft filed a petition for an investigation and certification as repre-
sentative of the employees at Caldwell and Clifton in one unit.
A report of, the Regional Director shows that both Aircraft and
Propeller-Craft represent a substantial number of employees in the
units they respectively allege to be appropriate.2
We find that a question has arisen concerning the representation
of employees of the Company.3
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
a
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I, above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
Aircraft requests an appropriate unit composed, in substance, of
all hourly-paid employees at the Caldwell plant, excluding watch-
men, tool designers, cafeteria workers, supervisors, foremen, guards,
2 The Regional Director reported that Aircraft submitted 489 authorization cards dated
between November 1, 1940, and May 31, 1941 , all bearing apparently genuine original
signatures Of these 399 are the names of persons on the Company ' s June 1, 1941 , Caldwell
pay roll which lists 858 employees ; and 14 are the names of persons on the June 1 Clifton
pay roll nhich lists 919 employees. Propeller -Craft submitted its dues records of members
paid up to May 1, 1941 . Of these, 764 are the names of persons on the June 1 Clifton pay
roll ; 384 the names of persons on the June 1 Caldwell pay roll
Metal Polishers , which organization merged its claim with Aircraft , also submitted evi-
dence which consisted of 31 authorization cards-30 dated between March 23 and June 1,
1941, all bearing apparently genuine original signatures . Twenty -nine are the names of
persons on the June 1 Caldwell pay roll.
8 The Company and Propeller-Craft have agreed not to assert as a bar to an election
at Caldwell or Clifton an exclusive bargaining contract between the Company and Propeller-
Craft which expires October 15, 1941 The contract has a clause specifically making it
subject to the Act and any "decisions" thereunder.
494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
clerical and time-study employees, and lead men.-' Propeller-Craft
requests a unit composed of all hourly-paid employees at the Cald-
well and Clifton plants, with substantially the same exclusions' as
Aircraft, except that Propeller-Craft would exclude learners and in-
clude guards and working group leaders.5 Conversely, Aircraft
would include learners and exclude guards and working group lead-
ers. The Company takes no position with reference to the scope of
the appropriate unit, or with reference to the learners, but would
"prefer" exclusion of the guards and the working group leaders from
any appropriate unit.
The Clifton and Caldwell plants are engaged in the manufacture
of airplane propellers and parts therefor which are assembled at
Clifton. Clifton began operations in August 1938.6 In October 1940,
the Caldwell plant, which is 11 miles from Clifton, was established
as a result of expansion in the Company's business and the lack of
space at Clifton. Certain departments essential to the operation of
Clifton were transferred bodily from Clifton to Caldwell, along with
630 employees, when Caldwell was opened.
Clifton and Caldwell are operated as one manufacturing unit.
Both plants are under common management and have a common
bank account. Caldwell houses the Laboratory, Accounting, Receiv-
ing (for gauges and "tools), Tool Designing, Engineering, Plant
Maintenance, and Sales Departments. Clifton houses the Purchas-
ing, Shipping, Production Planning, Employment, and Personnel
Departments. The Heat Treating and Machine Shop departments
are divided between the two plants because of space considerations.
Under the Company's present organizational scheme the two plants
could not operate separately. Men are transferred and loaned be-
* The complete description of the unit Aircraft requests is as follows • All hourly paid
employees in the Caldwell , New Jersey , plant of the Company, specifically including only
employees in the machine shop , hub department , beat treating and plating department,
metallurgical department , receiving and shipping departments , inspection department , stores
department including the dispatchers , tool service employees except tool designers, main-
tenance department , experimental machinist and (sic ) engineering department , trainees
and learners , including such trainees and learners now stationed at the Clifton , New Jersey,
school of the Company , employees in the steel plate and blade department, and specifically
excluding watchmen , cafeteria workers, supervisors , foremen , guards , clerical and time-
study employees , and lead men who have the power to recommend hiring or discharge.
5,T he complete description of the unit Propeller -Craft requests is as follows : All hourly-
paid employees in the Caldwell and Clifton , New Jersey , plants , specifically including only
employees in the subassembly , final assembly , dural blade department , machine shop, hub
department , beat treating and plating department , metallurgical department , receiving and
shipping departments , inspection departments , stores including dispatchers , tool service
employees except tool designers , maintenance , experimental machinists in (sic ) the engi-
neering department , guards , employees in the steel plate and blade department , working
group leaders , and specifically excluding cafeteria workers, supervisors , foremen, clerks,
time-study employees , and learners.
"The Company also operates a propeller-blade plant at Pittsburgh , Pennsylvania , opened
November 1, 1939; one at Beaver , Pennsylvania , 20 miles from Pittsburgh and now begin-
ning operations ; and also an assembly and parts manufacturing plant at Indianapolis,
Indiana, also beginning operations.
CURTISS-WRIGHT CORPORATION 495
tween the two plants. Liaison is maintained by two direct leased
trunk telephone lines, and three station wagons and five trucks which
constantly shuttle back and forth between the two plants, trans-
porting personnel, materials, and parts. Wages and working condi-
tions are substantially the same for similar employment and the
Company's seniority plan covers both plants.
On October 15, 1938, the Company, and Propeller-Craft entered
into a contract in which the Company recognized Propeller-Craft as
exclusive bargaining agent for the Clifton employees. This con-
tract was revised and renewed in 1939; and on October 15, 1940,
revised again, renewed for 1 year, and on demand of Propeller-Craft,
extended to include the Caldwell employees. There is ample evi-
dence that Propeller-.Craft has continuously bargained for and secured
adjustments for the employees of both plants of the Company on
wages, grievances, and working conditions.
Aircraft began organizing at Caldwell in November 1940 and
formed a local in March 1941. It made its first demand on the
Company for recognition on May 29, 1941. Fourteen of Aircraft's
members are employed at Clifton, two of them being officers in the
Local. Aircraft's organizer stated at the hearing that Aircraft in-
tends to organize Clifton but will establish a separate local there.
Metal Polishers began organizing in March 1941. It has no mem-
bers at Clifton, and as yet has formed no local at Caldwell.
In view of the common origin of the plants, their complete inter-
dependence, their bargaining history, their present organizational
pattern, and that of similar plants within the Company,' the Cald-
well and Clifton plants properly constitute one appropriate unit.'
We therefore find that the unit requested by Aircraft is not appro-
priate.
Aircraft would include in the appropriate unit all learners at Cald-
well and in the Clifton school; Propeller-Craft would excude them
all. Learners are, inexperienced men hired to be taught plant opera-
tions. They are paid 50 cents an hour, which is charged to overhead.
Training requires an average of 3 months, at the end of which time
they are raised in pay and transferred to the production pay roll.
Propeller-Craft has bargained for them in the past and has accepted
them as members. It assigns no reason for desiring their exclusion.
They will be included in the unit.
Aircraft would exclude 'guards; Propeller-Craft would include
them. The Company "prefers" their exclusion. Propeller-Craft, has
-At the Pittsburgh plant S. W. O. C. and the Company recently negotiated a contract
not yet signed at the time of the hearing in which the company recognizes S. W 0 C. as
exclusive bargaining agent for the employees of the Pittsburgh and Beaver plants as one
unit.
A See Matter of Stackpole Carbon Company and, United Electrical & Radio Workers of
America, Local No. 502, 6 N. L. R B. 171.
496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargained for them in the past also, successfully negotiated a senior-
ity grievance for one, and secured a wage reclassification that abol-
ished pay distinctions between them. In view of the bargaining
history the guards will be included in the unit.
Aircraft would exclude working group leaders; Propeller-Craft
would include them; the Company "prefers" their exclusion. Work-
ing group leaders do manual work in, and direct, a group of six
men. They are paid on an hourly basis and have the power to
recommend discharge or promotion. In view of the fact that they
are primarily production workers, and were apparently included in
the unit set up in the contract between the Company and Propeller-
Craft,9 they will be included in the appropriate unit.
We find that all hourly-paid employees in the Caldwell and Clif-
ton, New Jersey, plants of the Company, specifically including em-
ployees in the sub-assembly, final assembly, dural blade department,
machine shop, hub department, heat treating and plating depart-
ment, metallurgical department, receiving and shipping departments,
inspection departments, stores department including dispatchers, tool
service employees except tool designers, maintenance department,
experimental machinists in the engineering department, learners,
guards, employees in the steel plate and blade department, and work-
ing group leaders, but excluding cafeteria workers, supervisors, fore-
men, clerks and time-study employees, constitute a unit appropriate
for the purposes of collective bargaining and that said unit will
insure to the employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The
parties have agreed that the May 31, 1941, pay roll may be used to
determine eligibility to vote in such election. We shall give effect
to the desires of the parties and direct that the employees of the
Company eligible to vote in the election shall be those in the appro-
priate unit employed during the pay-roll period of May 31, 1941,
subject to such limitations and additions as are set forth in the
Direction hereinafter.
At the hearing Aircraft declined to state whether or not it would
desire to participate in an election covering both the Caldwell and
Clifton employees. We shall provide for participation in the election
by both Aircraft and Propeller-Craft. However, Aircraft will be
a The contract excludes supervisory employees "having the right to hire, lay off , transfer
or discharge "
CURTISS-WRIGHT CORPORATION 497
permitted to withdraw from the election by filing with the Regional
Director within five (5) days from the date of issuance of the Direc-
tion, a request that its name not be placed on the ballot.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUsIONs OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Curtiss-Wright Corporation (Propeller
Division), Caldwell and Clifton, New Jersey, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All` hourly paid employees in the Caldwell and Clifton, New
Jersey, plants of the Company, specifically including employees in the
sub-assembly, final assembly, dural blade department, machine shop,
hub department, heat treating and plating department, metallurgical
department, receiving and shipping departments, inspection depart-
ments, stores department including dispatchers, tool service employees
except tool designers, maintenance department, experimental machin-
ists in the engineering department, learners, guards; employees in the
steel plate and blade department, and working group leaders, but
excluding cafeteria workers, supervisors, foremen, clerks and time-
study employees, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
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 8, 'of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Curtiss-Wright Corporation (Propeller Division), Clifton, New
Jersey, 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 Second Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 9, of said Rules and Regulations, among all hourly-paid
employees in the Caldwell and Clifton, New Jersey, plants of the
Company, specifically including employees in the sub-assembly, final
assembly, dural bladb department, machine shop, hub department,
heat treating and plating department, metallurgical department, re-
498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ceiving and shipping departments, inspection departments, stores
department including dispatchers, tool service employees except tool
designers, maintenance department, experimental machinists in the
engineering department, learners, guards, employees in the steel plate
and blade department, and working group leaders, who were em-
ployed during the pay-roll period ending May 31, 1941, 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 cafeteria
workers, supervisors, foremen, clerks, time-study employees, and em-
ployees who have since quit or been discharged for cause, to determine
whether they desire to be represented by Aircraft Lodge 703, Inter-
national Association of Machinists, A. F. of L., or by The Propeller-
Craft, Inc., for the purposes of collective bargaining, or by neither.