G. & A. Aircraft, Inc.

National Labor Relations Board - Board Decisions

Jul 12, 1945

62 N.L.R.B. 1275 (N.L.R.B. 1945)

In the Matter of G. & A. AIRCRAFT, INC. AND THE FIRESTONE TIRE
RUBBER Co. and LOCAL #770, INTERNATIONAL UNION, UNITED AUTO-
MOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF Ai\IER-
ICA, U. A. W.-C.I.O.
Case No. 4-R-1686.-Decided July 12, 1945
Mr. Harold Mull, of Akron, Ohio, for the Companies.
Messrs. Benjamin R. Simons and Sid Traurig, of Philadelphia, Pa., foi
the Union.
Mr. Harold M. Huniphreys, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local #770, International Union, United
Automobile, Aircraft & Agricultural Implement Workers of America.
U. A. W. - C. I. 0., herein called the Union 1 alleging that a question affect-
ing commerce had arisen concerning the representation of employees of
G. & A. Aircraft , Inc., Willow Grove , Pennsylvania , herein called G. & A.,
and The Firestone Tire & Rubber Co., Akron, Ohio, herein called Fire-
stone, both herein collectively called the Companies , the National Labor
Relations Board provided for an appropriate hearing upon due notice before
Herman Lazarus, Trial Examiner . Said hearing was held at Philadelphia.
Pennsylvania , on May 15, 1945. The Companies 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 . At the hearing Firestone
objected to being made a party to the instant proceeding . For reasons set
'Although the petition was filed in the name of "Local ##770. United Automobile workers,
C. I 0 ," we take official notice of the correct name of the Union
Aircrafters Guild of G & A Aircraft, Inc cva, duly served with notice of hearing, but failed
to appear
62 N. L. R. B, No. 172.
1275
1276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
forth in Section I, below, the objection is hereby overruled . All parties were
afforded an opportunity to file briefs with the Board
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESSES OF TIIE COMPANIES
G. & A. Aircraft, Inc., a Pennsylvania corporation, is a wholly owned
subsidiary of The Firestone Tire & Rubber Co., an Ohio corporation.
G. & A. operates a plant at Pitcairn Field, Willow Grove, Pennsylvania,
where it is engaged in the manufacture , sale, and delivery of aeronautical
equipment, including gliders and airplanes, for the United States Govern-
ment. During the year 1944, raw materials used by G & A., consisting of
steel , aluminum , spruce lumber , and cotton fabrics, amounted in value to
approximately $2,500,000, of which approximately 75 percent was shipped
to the Willow Grove plant from points outside the Commonwealth of
Pennsylvania. During the same period G & A 's sales of products amounted
in value to more than $5,000,000, all of which was shipped to points outside
the Commonwealth of Pennsylvania-.
Firestone acquired the stock of G. & A in 1943 The record reveals that
the chairman of G. & A.'s Board of Directors is also the chairman of Fire-
stone's Board; that G. & A.'s vice president is president of Firestone Air-
craft Co., another Firestone subsidiary; that G & A.'s vice president and
general manager was formerly the assistant manager of the Aviation Prod-
ucts Division of Firestone, and that the general labor policy of G. & A is
determined by Firestone, although individual problems and matters of
grievances are handled in the plant concerned.
We are of the opinion, and find, that G. & A , as well as Firestone, is the
employer of the employees involved herein within the meaning of Section
2 (2) of the Act, and that both are engaged in commerce within the purview
of the Act.'
H. THE ORGANIZATION INVOLVED
Local #770, International Union, United Automobile. Aircraft & Agri-
cultural Implement Workers of America, affiliated with the Congress of
Industrial Organizations , is a labor organization admitting to membership
employees of the Companies.
III THE QUESTION CONCERNING REPRESENTATION
The Companies have refused to grant recognition to the Union as the
exclusive bargaining representative of certain of their employees until the
Union has been certified by the Board m an appropriate unit.
^ See Mattel of Chrvslcu Vet, oat Company and Chrysler Co; p0;athon , 38 N L R B 313, Matter
of Crucible Steel Company of Aipcieea, 45 N L R B 812,
G. & A. AIRCRAFT, INC. 1277
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the Union represents a substantial number of employees in
the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning the
representation of employess of the Companies, within the meaning of Sec-
tion 9 (e) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In substantial accordance with the agreement of the parties and based
upon the entire record, we find that all production and maintenance em-
ployees of the Companies at the plant of G. & A. Aircraft, Inc., Pitcairn
Field, Willow Grove, Pennsylvania, including employees in the experi-
mental, warehouse and shipping, inspection, stores, receiving, and produc-
tion control departments, but excluding all office clericals, office employees,
clerks in the receiving, production control, shipping, and storage depart-
ments who do not handle materials;-' salaried technicians; employees in
the personnel department, militarized guards ; employees in the engineer-
ing departments; and all supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTAI IVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees in
the appropriate unit who were employed during the pay-roll period imme-
diately 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 Relations Board
Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with G. & A Aircraft, Lnc , Wil-
'i"rhe Field Examiner repotted that the alleged appioprtaic unit consists of approximately 550
employees, and that the Union submitted 225 authorization cards, of which 2 were dated in Fehiu-
aiy 1944, 23 in February 1945; 15 in March 1945, 1 in April 1945, and 184 were undated
'These are female clerks, who do puiely clerical work Male clerks in these departments do
physical woik in handling materials, and are included within the unit
"The Union's request to appear on the ballot as "Local #770, United Automobile Workers,
C 1 0 " is a matter to be disposed of by the Regional Director
1 278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
low Grove, Pennsylvania , and The Firestone Tire & Rubber Co., Akron,
Ohio , 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 Fourth
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 the 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 employees 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 Local #770, International
Union, United Automobile ,, Aircraft & Agricultural Implement Workers
of America , U. A. W. - C. I. 0., for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Election.