Embry-Riddle Co.

National Labor Relations Board - Board Decisions

Jan 6, 1944

54 N.L.R.B. 364 (N.L.R.B. 1944)

In the Matter of EMBRY-RIDDLE COMPANY and GUARDS, FEDERAL
LABOR UNION No. 23402, A. F. OF L.
Case No. 10-R-1046.-Decided January 6, 1944
McKay, Dixon d DeJarnette, by Mr. James A. Dixon, of,Miami,
Fla., for the Company.
Mr. Al Kent, of Miami, Fla., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Guards, Federal Labor Union No.
23402, A. F. of L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Embry-Riddle Company, Miami, Florida, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Paul S. Kuelthau, Trial
Examiner. Said hearing was held at Miami, Florida, on November
30, 1943. The Company and the Union appeared at and participated
in the hearing' 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
Embry-Riddle Company operates flying schools in the State of
Florida at which Army, Navy, and Civil Aeronautics Administration
personnel are trained. The Company also operates an aircraft over-
haul division consisting of an aircraft overhaul plant at Miami, Flor-
1 Although International Association of Machinists and Transport Workers Union of
America, C . I. 0., were served with Notice of Hearing , they did not appear.
54 N. L. R. B., No. 48.
364
EMBRY-RIDDLE COMPANY 365
ida, an instrument overhaul plant at Coral Gables, Florida, and an
engine overhaul plant at northwest Miami . All planes repaired by
the Company are owned either by the Army, Navy, or Civil Aero-
nautics Administration. The planes repaired by the Company are
sent to it from the States of North Carolina, South Carolina, Georgia,
and Florida. Repair parts used by the Company are furnished by
the Army, Navy, and Civil Aeronautics Administration , and are
obtained by them from points outside the State of Florida. The
Company furnishes paint and dope for fabrics on the Civil Aero-
nautics Administration planes and during the year ending October
31, 1943, purchased $25,000 worth of paint and dope, all of which
were shipped to it from points outside the State of Florida. During
the year ending October 31, 1943, the Company received about $1,-
500,000 from its overhaul operations. We find that the Company is
engaged in commerce within the meaning of the National Labor Re-
lations Act.
II. THE ORGANIZATION INVOLVED
Guards, Federal Labor Union No. 23402, is a labor organization
affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During the latter part of October 1943, the Union requested the
Company to recognize it as the exclusive collective bargaining repre-
sentative of the guards. The Company did not reply to this request.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
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 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all guards employed by the Company in and around its plants in
Miami, Florida, excluding the captain and any other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
z The Field Examiner reported that the Union presented 38 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of October 15, 1943. There are approximately 45 employees in the appropriate
unit.
366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
such action , 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 means of 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 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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Embry-Riddle
Company, Miami, Florida, an election by secret ballot shall be con-
ducted 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 Director for the Tenth 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 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 including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding any
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 or not they desire to be represented by Guards, Federal Labor
Union No. 23402, A. F. of L., for the purposes of collective bargaining.