Fairchild Aviation Corp.

National Labor Relations Board - Board Decisions

May 8, 1942

40 N.L.R.B. 1222 (N.L.R.B. 1942)

In the Matter of FAIRCHILD AVIATION CORPORATION and LOCAL 1217
OF THE UNITED ELECTRICAL , RADIO AND MACHINE WORKERS OF
AMERICA, C. I. O.
Case No. R-3780.Decided May 8, 1942
Jurisdiction : aviation equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition until certified by the Board; pay roll
stipulated by the parties used to determine eligibility ; election necessary.
Unit Appropriate for Collective Bargaining : all stockroom, receiving, shipping,
and routing clerks, and timekeepers.
Mrs. Elinore M. Herrick, for the Board.
Cravath, deGersdorff, Swainw d Wood, of New York City, for
the Company.
Mr. Frank Schemer, of New York City, 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 Local 1217 of the United Electrical,
Radio and Machine Workers of America, C.,I. 0., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Fairchild Aviation Cor-
poration, Jamaica, Long Island, New York, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice.
On April 20, 1942, before a hearing was held, the Company, the
Union, and the Regional Director for the Second Region (New York
City) entered into a stipulation containing an agreed statement of
facts and expressly waiving the holding of a hearing by the Board.
The Board hereby approves the stipulation.
Upon the entire record in the case, the Boarcl makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Fairchild Aviation Corporation has its principal place of business
at Jamaica, Long Island, New York, where it is engaged in the
40 N. L R. B., No. 215.
1222
FAIRCHILD AVIATION CORPORATION 1223
manufacture, sale, and distribution of aerial cameras, camera machine
guns, and various aviation precision instruments. During 1941 the
Company purchased raw materials valued in excess of $2,000,000,
over 50 percent of which was shipped to it from outside the State of
New York. During the same period, the Company shipped finished
products valued in excess of $10,000,000, approximately 90 percent of
which was shipped 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
Local 1217 of the United Electrical, Radio and Machine Workers
of America is a labor organization affiliated with the Congress of
Industrial Organizations, admitting to membership employees at the
Jamaica, Long Island, plant of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive repre-
sentative of certain of its employees until such time as the Union is
certified by the Board. The Union and the Company stipulated that
a question affecting commerce had arisen concerning the representa-
tion of employees of the Company.
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 accordance with the stipulation of the parties, that all
stockroom clerks, receiving clerks; shipping clerks, routing clerks,
and timekeepers at the Jamaica, Long Island, plant of the Company
constitute a unit appropriate for the purposes of collective bargain-
ing, 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 within the appropriate unit who were employed during
the pay-roll period ending April 15, 1942,1 subject to the limitations
and additionsset forth in the Direction of Election herein.
1 The parties stipulated the use of the April 15, 1942 , pay roll to determine eligibility.
1224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 8, 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 Fairchild Avia-
tion Corporation, Jamaica, Long Island, New York, 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 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 the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period ending April
15, 1942, including employees who did not work during such 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 employees who have since quit or been discharged
for cause , to determine whether or not they desire to be represented
by Local 1217 of the United Electrical, Radio and Machine Workers
of America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.