General Aircraft Corp.

National Labor Relations Board - Board Decisions

May 19, 1943

49 N.L.R.B. 916 (N.L.R.B. 1943)

I
In the Matter of GENERAL AIRCRAFT CORPORATION and LOCAL 106,
UNITED FURNITURE WORKERS OF AMERICA , C. I. O.
Case No. R--5296-Decided May 19, 1943
k
White & Case, by Mr. Alfred Heuston, of New York City, for the
Company.
Mr. Alexander E. Racolin, of New York City, for the Union.
'Mr. Joseph E. Gubbins,, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon petition duly filed by Local 106, United Furniture Workers
of America, affiliated with the C. I. O.,-herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of General Aircraft Corporation, Astoria,
Long Island, New York, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Sidney Reitman, Trial Examiner. Said hear-
ing was held at New York City on May 3, 1943. The Company
and the Union appeared , participated , and were afforded full oppor-
tunity 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. The Company filed a brief which the Board has
considered.
Upon the entire record in the case, the Board - makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Aircraft Corporation , a Delaware corporation licensed to
do business in the State of New York , with its main plant and general
offices at Astoria, Long Island, New York, is presently manufacturing
cargo gliders , under contract , exclusively for the United States'
Army Air Forces. The Company 's plants located at Astoria and
Jackson Heights, Long Island, New York, are both involved in this
49 N. L R B., No 129.
916
..
GENERAL AIRCRAFT CORPORATION ,917
proceeding. During the year 1942 the Company purchased raw
materials, valued in excess of $200,000, 8 percent of which was shipped
'to both plants from points outside the State of New York., All of
the cargo gliders manufactured by the Company are delivered to the
United States Army Air Forces at several air fields located in the
State of New York. The Company employs approximately 1,800
persons in both plants. We find that the Company, contrary to its
contention, is engaged in commerce within the meaning of the
National.Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 106, United Furniture Workers of America, affiliated with
the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 9, 1942, the parties entered into an agreement, for a
consent election and, pursuant to such agreement, an election was held
on November 20, 1942; the Union lost the election. Approximately 5
months thereafter the Union again requested recognition for purposes
of collective bargaining, which request was refused by' the Company
on the ground that the parties, at the time of the consent election, had
a verbal agreement whereby the Union agreed to adhere to the Board's
"one, year doctrine" with respect to the filing of a new petition.' The
record shows that the Company had approximately 800 persons in the
unit, which was agreed on by the parties, at the time of the consent
election, while at the present time it appears that the Company em-
ploys approximately 1400 persons who would be eligible for the same
unit.
We find that the position taken by, the Company with respect to the
verbal agreement it had with the Union to be untenable. There is no
provision in the Act which permits the Board, the employer, or a labor
organization not acting as the statutory representative of the em-
ployees whose rights are in issue, to'prevent such employees from exer-
cising their right to bargain collectively in an appropriate unit through
any bargaining agent whom they may desire to act as their exclusive
representative. We accordingly find that the verbal. agreement be-
tween the Company and the Union is not a-bar to this proceeding.'
1 The Board has held that a provision in a consent election agreement by which a peti-
tioning union agreed to be bound by the result of an election for a petiod'of at least 1
year, flies in the face of Section I of the Act and does not constitute a bar to a determi-
nation of representatives prior to the expiration of 1 year from the date the union lost the
consent election . See Matter of Southport Petroleum Company of. Delaware and, Oil
Workers Intbrnational Union, Local 449, 39 N. L. R B. 257 ; Matter of Automatic Products
Company and International Union, United Automobile Irorleis of America, Local 736
(AFL), 40 N L. R B.941. ,
918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A'statement prepared by the Regional Director, introduced in evi-
dence-at the hearing, indicates that'theaUnion represents a substantial
number of,employees.in the,unit hereinafter'found,to be appropriate.2
We "find that a question affecting commerce has arisen concerning
the rrepresentation. 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 production'and maintenance-employees•df the Company at its
Astoria and Jackson.Heights plants, including planning department
dispatchers, tool crib employees, stock clerks, and leadmen, crew chiefs
and working foremen who have no authority to recommend hire or
discharge,' but excluding office employees, foremen and other super-
visory employees who-have authority to hire, discharge, or recommend
such action, guards and truck drivers, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.4
V. THE DETERMINATION OF REPRESENTATIVES
'It°appears from the-record that'the"Company is unable to state-what,
if any,, change-will-occur with respect to its operations within-the next
'few months 'but it does appear that the Company's hiring for the
present has ceased. The Company is also unable to'state what its
future position wilVbe since*its contract with theUnited States Army
Air Forces-will expire, about the middle of July 1943. ,
`Under the circumstances, and-in order to effectuate-the purposes and
policies of the Act, we shall direct that the question concerning repre-
sentation which has" arisen •be-resolved by an election by secret'ballot
-among'the employees in the `appropriate unit who •were employed
during the payroll -period 'imm'ediately preceding the -date of 'the
'1'jired ion'of'Election`herein,'subject`to the limitations and -additions-
set' forth 'in-'the' Direction.
2,The Regional, Director 's statement ;shows that - the 'Union' submitted . 825, authorization
caids , all of whicli' bear , apparently ,genuine signatures 'and were dated as follows : 192
-dated -prior"to;November 20; 31942 ;'483 "dated since 'November 20,X1942 ; ,and 150 -undated.
The Company declined -to furnish , a, current pay roll -whereby , a, determination could be
made = df the number of designations bearing signatures of individuals - whose names appear
on such pay roll. The Company stated that there are approximately 1400 , employees in the
appropriate unit. -
'a'The - parties "agreed to include leadmen , crew chiefs , and working foremen .without
qualification . ' The' record 'does not disclose-the extent of their supervisory authority,
if any. '
' The unit is substantially ' the same , as.the one set forth in the . agreement for consent
election.
GENERAL AIRCRAFT CORPORATION 919
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 2, as amended,, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with General Aircraft
Corporation, Astoria, 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 su-
pervision of the Regional Director for the Second Region,, acting in,
this matter as`agent for the National Labor Relations B'oar&, and'sub-
ject to Article III, Section 10, 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, to
determine whether' or not they desire to be represented- by Local 106,
United Furniture Workers of America, affiliated with the C. I. O., for
the purposes' of collective bargaining. '