65 N.L.R.B. 837 (N.L.R.B. 1946)

Edo Aircraft Corp.

National Labor Relations Board - Board DecisionsFeb 6, 1946

65 N.L.R.B. 837 (N.L.R.B. 1946)

In the Matter of EDO AIRCRAFT CORPORATION and INTERNATIONAL, ASSOCIATION OF MACHINISTS , A. F. L. Case No. RR-6019.-Decided February 6, 1946 Debevoise , Stevenson, Plimpton cC Page, by Mr. Daniel F. McGlinchey, of New York City, for the Company. Mr. Robert A. Reber, of New York City, for the Union. Dlr. Phil F. Thompson, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Association of Ma- chinists, A. F. L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Edo Aircraft Corporation, College Point, Long Island, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Jack Davis, Trial Examiner. The hearing was held at New York City on December 10, 1945. The Company and the Union appeared and participated. All parties 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 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 THE COMPANY Edo Aircraft Corporation is a corporation organized and doing business under the laws of the State of New York, with its principal office and place of business and plants located at College Point, Long Island, New York, where it is engaged in the manufac- ture of aircraft and aircraft parts. Raw materials purchased by the Company and products manufactured and shipped by the Com- pany each equalled or exceeded $1,000,000 in value. During the past 65 N. L. R. B., No. 147. 837 838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD year 90 percent or more of the raw materials used by the Company in its operations was shipped to its plants at College Point, Long Island, New York, from outside the State of New York, and more than 75 percent of the products manufactured by the Company was shipped 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. II. THE ORGANIZATION INVOLVED International Association of Machinists is a labor organization ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of its employees until the Union has been certified by the Board. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate." 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 (0) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, substantially in accord with an agreement of the parties, that all production and maintenance employees of the Company, at its plants at 13-10-111th Street and 13-11-131 Street, College Point, Long Island, New York, excluding office, clerical, technical, and engi- neering employees, cafeteria workers, shop clerks, timekeepers, watch- men, guards, and plant-protection employees, supervisors, foremen, assistant foremen, group foremen, and all or any other supervisory employees of the Company 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. 1 The Field Examiner reported that the Union submitted 188 cards There are approxi- mately 615 employees in the appropriate unit The Company objected to the admission in evidence of the Field Examiner's report on several grounds and contends that the state- ment of the Field Examiner has no probative value because the Field Examiner was not present at the hearing as a witness and could not be cross -examined . We find that the Company's contentions are without merit . As we have frequently stated , the submission of cards is an administrative expedient adopted by the Board to determine for itself whether or not a question concerning representation has arisen . Matter of Buffalo Arms Corporation, 57 N. L . R. B. 1560. EDO AIRCRAFT CORPORATION V. THE DETERJCINATION OF REPRESENTATIVES 839 We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election 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, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Edo Aircraft Corporation, 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, under the direction and supervision of the Regional Di- rector for the Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among 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 including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those em- ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to deter- mine whether or not they desire to be represented by International Association of Machinists, for the purposes of collective bargaining.