General Dynamics

National Labor Relations Board - Board Decisions

Mar 25, 1960

126 N.L.R.B. 1311 (N.L.R.B. 1960)

CONVAIR-POMONA-A DIVISION OF CONVAIR 1311
cease and desist order, the recommendation herein will be limited to any like or
related conduct. Cf. The Multi-Color Company, 122 NLRB 429.
Upon the basis of the above findings of fact, and upon the entire record in the
case, I make the following:
CONCLUSIONS OF LAW
1. International Union, United Automobile, Aircraft and Agricultural Implement
Workers of America (UAW) AFL-CIO, and the Shop Committee are labor or-
ganizations within the meaning of the Act.
2. By threatening to close the plant if the Union should come in and by threaten-
ing to discharge certain employees if the Union was not successful in coming into
the plant, Respondent interefered with, restrained, and coerced employees in the
exercise of the rights guaranteed by Section 7 of the Act and thereby engaged in un-
fair labor practices proscribed by Section 8(a) (1).
3. Respondent has, since January 16, 1958, dominated and interfered with the
formation and administration of the Shop Committee and has assisted and con-
tributed financial and other support to said Committee, thereby engaging in unfair
labor practices proscribed by Section 8(a)(2) and (1).
4. The aforesaid unfair labor practices having occurred in connection with the
operation of Respondent's business as set forth in section I, above, have a close,
intimate, and substantial relation to trade, traffic, and commerce among the several
States, and substantially affect commerce within the meaning of Section 2(6) and
(7) of the Act.
[Recommendations omitted from publication.]
Convair-Pomona-A Division of Convair , a Division of General
Dynamics and Associated Tool and Die Makers of America.
Case No. 21-CA-3586. March 25, 1960
DECISION AND ORDER
Upon a charge duly filed on June 1, 1959, by Associated Tool and
Die Makers of America, herein called the Union, the General Counsel
of-the National Labor Relations Board, by the Regional Director for
the Twenty-first Region, issued a complaint and notice of hearing
dated June 17, 1959, against Convair-Pomona-A Division of Con-
vair, a Division of General Dynamics, herein called the Respondent,
alleging that the Respondent had engaged in and is engaging in
unfair labor practices within the meaning of Section 8 (a) (5) and (1)
of the National Labor Relations Act, as amended (61 Stat. 136, 29
U.S.C., Sec. 151, et seq.), herein called the Act. On June 19, 1959, the
Respondent filed an answer to the complaint in which it admitted cer-
tain allegations thereof, denied others, and moved that the complaint
be dismissed. Copies of the charge, the complaint, notice of hearing,
and the answer were duly served on all the parties.
With respect to the unfair labor practices, the complaint alleges, in
substance, that on or about May 19, 1959, and at all times thereafter,
the Respondent did refuse and is refusing to bargain collectively with
the Union although the Union was certified by the Board as the ex-
clusive representative of the employees in a unit found appropriate
126 NLRB No. 156.
1312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by the Board.' The Respondent admits it refused to bargain with
the Union, but contends that the Board's unit finding, and its finding
that the Union is a labor organization, were erroneous.
Thereafter, all parties entered into a stipulation which set forth an
agreed statement of facts, and joined in a motion to transfer this
proceeding to the Board. In their motion, the parties waived a hear-
ing before a Trial Examiner, the making of findings of fact and
conclusions of law, and the issuance of an Intermediate Report and
recommended order by a Trial Examiner. The motion requested, in
effect, that, upon the stipulation and the record as provided in the
motion, the Board make findings of fact, conclusions of law, and issue
a Decision and Order. On January 18, 1960, the Board granted the
aforesaid motion, and transferred the proceeding to the Board. The
aforesaid stipulation is hereby approved and accepted and made part
of the record in this case. Although the parties were afforded an
opportunity to file briefs, the Respondent elected to stand on its brief
in the representation proceeding, and no brief has been filed by the
Union or the General Counsel.
Upon the basis of the stipulation, and the entire record in the case,
the Board 2 makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The Respondent is a Delaware corporation engaged in the manu-
facture, development , design, and sale of military and commercial
aircraft ( including guided missiles), aircraft parts, and accessories
at various locations throughout the United States. At its Pomona,
California , plant it is engaged in the manufacture of guided missiles
for the Armed Forces of the United States, and annually sells prod-
ucts valued in excess of $50,000 to points outside the State of
California.
We find that the Respondent is engaged in commerce , and that it
will effectuate the policies of the Act to assert jurisdiction.
II. THE LABOR ORGANIZATION INVOLVED
The question as to whether the Union is a labor organization was
fully litigated in the representation proceeding. In its Decision and
Direction of Election, 122 NLRB 41, footnote 2), the Board made the
following finding :
The [Union] was recently organized by a group of employees
to deal with employers concerning wages and working conditions
i Convair ( Pomona ), a Division of Convair , a Division of General Dynamics, 122 NLRB
41, 122 NLRB 1530, herein referred to as the renrelentation proceeding
2 Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its
powers in connection with this case to a three-member panel [Chairman Leedom and
Members Bean and Fanning]
CONVAIR-POMONA-A DIVISION OF CONVAIR 1313•
of tool- and die-makers and toolroom machinists, grinders, and
inspectors, exclusively. We therefore find, contrary to the Inter-
venor . . . that the [Union] is a labor organization which meets
the traditional union test for the purpose of severing the em-
ployees involved herein. Cessna Aircraft Company, 114 NLRB
1191.
In contending that the above finding is erroneous, the Respondent
offers no evidence not previously considered by the Board in the.
representation proceeding. Accordingly, we find, in accord with the
Board's previous determination, that the Union is a labor organization,
within the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
The representation proceeding was initiated by the filing of a peti-
tion by the Union on March 17, 1958. Thereafter, a hearing was duly
held and, pursuant to the Board's Decision and Direction of Election
and Supplemental Decision and Order Amending Direction of Elec-
tion, supra, an election was conducted on March 12, 1959. As a result
thereof, the Union was certified on March 20, 1959, as the exclusive
representative of the employees in the following unit, which was
found appropriate by the Board :
All employees in the tool manufacturing department (depart-
ment 42) at the Employer's Pomona, California, missile plant,,
excluding all other employees and supervisors as defined in the
Act.
On May 14, 1959, the Union requested the Respondent to bargain
collectively with respect to rates of pay, wages, hours of employment,,
and other conditions of employment, in the above-described unit.
Since May 19, 1959, the Respondent has refused to bargain with the
Union, as requested, for the purpose, as stated in the stipulation, of
"afford[ing] itself the means of judicial review of the propriety of
the Board's unit finding."
The question of the appropriateness of the unit was fully litigated.
in the representation proceeding. No evidence has been presented
which was not previously considered by the Board in the representa-
tion proceeding. Under these circumstances, we find, in accord with
the Board's prior determination, that the unit described above is.
appropriate for purposes of collective bargaining, and that the Re-
spondent's refusal to bargain with the Union, as the certified repre-
sentative of all employees in such unit constitutes a violation of Sec-
tion 8(a) (5) and (1) of the Act.'
J See Notional Carbon Company , etc, 110 NLRB 2184; N L R B v. Moss Amber Mfg.,
Company, 2 64 F 2d 107 (CA 9), enfg. 119 NLRB 732.
554461- G0-vol 126-84
1314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set forth in section III, above,
occurring in connection with its operations described in section I,
,above, have a close, intimate, and substantial relation to trade, traffic,
and commerce among the several States, and tend to lead to labor
disputes burdening and obstructing commerce and the free flow of
.commerce.
V. THE REMEDY
Having found that the Respondent has refused to bargain collec-
tively with the representative of its employees, in violation of Section
8 (a) (5) and (1) of the Act, we shall order it to cease and desist there-
from and take certain affirmative action designed to effectuate the
policies of the Act.
Upon the basis of the above findings of fact, and upon the entire
-record in this case, the Board makes the following :
CONCLUSIONS OF LAW
1. Associated Tool and Die Makers of America is a labor organiza-
tion Within the meaning of Section 2(5) of the Act.
2. By refusing to bargain with the certified representative of its
employees in the appropriate unit, and thereby interfering with,
restraining, and coercing its employees in the exercise of the rights
-guaranteed them in Section 7 of the Act, the Respondent has engaged
in and is engaging in unfair labor practices within the meaning of
:Section 8(a) (5) and (1) of the Act.
3. The aforesaid unfair labor practices are unfair labor practices
,affecting commerce within the meaning of Section 2(6) and (7) of
,the Act.
ORDER
Upon the entire record in this case , and pursuant to Section 10(c)
.of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent , Convair-
Pomona-A Division of Convair , A Division of General Dynamics,
Pomona, California , its officers, agents, successors , and assigns , shall :
1. Cease and desist from :
(a) Refusing to bargain collectively with Associated Tool and Die
Makers of America, as the exclusive representative , with respect to
-rates of pay , wages, hours of employment , and other conditions of
,employment, of all employees in the tool manufacturing department
(department 42) at the Respondent 's Pomona, California , missile
plant, excluding all other employees and supervisors as defined in the
Act.
CONVAIR-POMONA-A DIVISION OF CONVAIR 1315
(b) In any like or related manner interfering with, restraining,
or coercing its employees in the exercise of the rights guaranteed them
by Section 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Upon request, bargain collectively with Associated Tool and
Die Makers of America as the exclusive representative of all em-
ployees in the above-described unit.
(b) Post at its Pomona, California, plant, copies of the notice
attached hereto marked "Appendix."' Copies of said notice, to be
furnished by the Regional Director for the Twenty-first Region, shall,
after being signed by Respondent's representative, be posted by Re-
spondent immediately upon receipt thereof and maintained by it for
a period of 60 consecutive days thereafter, in conspicuous places, in-
cluding all places where notices to employees are customarily posted.
Reasonable steps shall be taken to insure that said notices are not
altered, defaced, or covered by any other material.
(c) Notify the Regional Director for the Twenty-first Region, in
writing, within 10 days from the date of this Order, what steps it has
taken to comply herewith.
4In the event that this Order is enforced by a decree of a United States Court of
Appeals, there shall be substituted for the words "Pursuant to a Decision and Order" the
words "Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order "
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, you are notified that :
WE WILL NOT refuse to bargain collectively with Associated
Tool and Die Makers of America as the exclusive bargaining rep-
resentative of our employees, in the appropriate unit described
below, with respect to rates of pay, wages, hours of employment,
and other conditions of employment.
WE WILL NOT in any like or related manner interfere with,
restrain, or coerce our employees in the exercise of their rights
guaranteed by Section 7 of the Act.
WE WILL bargain collectively, upon request, with Associated
Tool and Die Makers of America as the exclusive bargaining
representative of our employees in the following unit :
All employees in the tool manufacturing department (de-
partment 42) at our Pomona, California, missile plant, ex-
1316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
eluding all other employees and supervisors as defined in the
Act.
CONVAIR-POMONA-A DIVISION OF CONVAIR,
A DIVISION OF GENERAL DYNAMICS,
Employer.
Dated---------------- By-------------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Yakima Cascade Fuel Co., et al. and Teamsters, Chauffeurs,
Warehousemen & Helpers, Local Union No. 524, Petitioner.
Case No. 19-RC-2506. March 25, 1960
DECISION AND ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing off'icer's.
rulings made at the hearing are free from prejudicial error and are,
hereby affirmed.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Leedom and Members
Rodgers and Jenkins].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent employees
of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9(c) (1) and Section 2(6) and (7) of the Act, for the following
reasons:
The Employer, primarily engaged in the retail sale of heating oils,
coal, and wood to homeowners, contends that the Board should not
assert jurisdiction herein. During the last fiscal year , the Employer
made direct and indirect out-of-State purchases amounting to
$109,549.13, and its total sales, all made within the State, amounted
to $153,921.27. Wholesale sales consisted only of $1,500 worth of
fuel sold to grocery stores in and near Yakima; $3,500 worth of fuel
sold to J. M. Perry Institute, a privately endowed school of tech-
126 NLRB No. 161.