Luscombe Airplane Corp.

National Labor Relations Board - Board Decisions

Jul 13, 1946

69 N.L.R.B. 479 (N.L.R.B. 1946)

In the Matter of LusCOMBE AIRPLANE CORPORATION and INTERNATIONAL
UNION, UNITED AUTOMOBILE , AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS or AMERICA, UAW-CIO
Case No. 16-R-1577.Deeided July 13, 1946
Messrs. R. G. Scurry, L. H. P. Klotz, and William T. Wisener, all of
Dallas, Tex., for the Company.
Messrs. I. R. Gray and John W. Vinson, both of Dallas, Tex., for
the UAW.
Messrs. C. L. Mulholland and Henry J. Murphy, both of Dallas,
Tex., for the I. A. M.
Mr. C. F. Ford, of Dallas, Tex., for the I. B. E. W.
Mr. Melvin J. Welles, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF TIIE CASE
Upon a petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America,
UAW-CIO, herein called the UAW, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Luscombe Airplane Corporation, Garland, Texas, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Louis R. Mercado, Trial Ex-
aminer. The hearing was held at Dallas, Texas, on June 4,1946. The
Company, the UAW, International Association of Machinists, herein
called the I. A. M., and International Brotherhood of Electrical
Workers, Local Union No. B-1272, A. F. of L., herein called the
I. B. E. W., 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. All parties were afforded opportunity to file briefs
with the Board. The Company's request for oral argument is denied.
69 N. L. R. B., No. 59.
479
480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Luscombe Airplane Corporation is a New Jersey corporation, with
its principal office and place of business in Garland, Texas. It is en-
gaged in the manufacture of small aircraft. During the period from
September 1945 to May 1946, the Company purchased raw materials
and fabricated parts valued at approximately $2,200,000, of which
approximately 50 percent was shipped to it from points outside the
State of Texas. During this same period the Company sold products
valued at approximately $3,220,000. Substantially all of the airplanes
produced were sold within the State of Texas, for the ultimate use
of individuals outside the State. Many of the parts produced by the
Company were shipped to points outside the State of Texas, such
shipments amounting to approximately 2 percent of the total sales of
the Company during the period in question.
The Company does not deny, and we find, that it is engaged in
commerce within the meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
International Association of Machinists is a labor organization,
admitting to membership employees of the Company.
International Brotherhood of Electrical Workers, Local Union No.
8-1272, is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Evidence adduced at the hearing reveals that the UAW, on Decem-
ber 1, 1945, sent a registered letter, return receipt requested, to the
Company, seeking recognition as the bargaining representative of
certain of the Company's employees. The Company refused to accept
this letter, as is its policy with respect to virtually all registered mail
of this type. On December 4, 1945, the UAW filed its petition herein.
The Company contends that this proceeding should be dismissed
because it did not receive actual notice, prior to the filing of the peti-'
tion, of the UAW's claim to representation. But it is clear from the
record that the Company did not indicate at the hearing that it was
willing to recognize the UAW as collective bargaining agent, despite
the fact that it was aware that the UAW is seeking such recognition.
LL'SCOMBE AIRPLANE CORPORATION 481
In these circumstances, apart from any other considerations, we find
no merit in the Company's contention
The Company contends further that, because no evidence was pre-
sented at the hearing to show that the UAW represents a substantial
number of employees in the unit which it alleges to be appropriate, the
petition should be dismissed. In recent cases, however, we have fully
considered and rejected similar contentions. Accordingly, we find
that this contention of the Company lacks merit.2
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 ; THE DETERMINATION OF REPRESENTATIVES
The UAW seeks a unit consisting of all production and maintenance
employees of the Company, including janitors, the chauffeur, time-
keepers, stenographers to foremen, inspectors, plant guards, and main-
tenance electricians, but excluding administrative, technical and pro-
fessional employees, confidential clerks, 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. The I. A. M. agrees with this unit, except that it would
exclude the janitors and the chauffeur. The I. B. E. W., on the other
hand, seeks a separate unit of the maintenance electricians. And
the Company, taking no position on the maintenance electricians, would
exclude from the unit desired by the UAW timekeepers, stenographers
to foremen, inspectors, and plant guards.
The maintenance electricians constitute a skilled, homogeneous, and
functionally distinct craft group of employees, customarily repre-
sented by craft organizations for the purpose of collective bargaining.
There is no history of collective bargaining for these employees. We
are of the opinion that they may appropriately form a separate bar-
gaining unit or function as part of a production and maintenance unit.
Accordingly, we shall make no final determination of the appropriate
unit or units at this time, deferring such determination pending the
outcome of the elections hereinafter directed among the maintenance
employees and the residual production and maintenance workers.3
There remains for consideration the composition of the residual
production and maintenance voting group. As indicated above, the
parties disagree with respect to the following categories :
Inspectors: The Company's inspectors work under the supervision
of the chief inspector. Their duties consist of inspecting products
i Matter of Houston Blow Pipe and Sheet Metal Works , 53 N. L. R. B. 184.
2 Matter of Nash Motors Division of Nash-Kelvinator Sales Corporation ( Philadelphia
Zone ), 68 N. L . R. B. 651; Matter of O. D. Jennings & Company, 68 N. L. R. B. 516.
8 Matter of General Controls Company, 66 N. L. R. B. 361.
701592-47-vol. 69-32
4S2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the process of production and finished products. They can either
accept or reject these products. The Company argues that the in-
spectors are identified with management, and should, therefore, be
excluded. We have frequently rejected similar contentions 4 For
this reason, and since the inspectors are hourly paid, like production
and maintenance employees, and their duties bring them into close
,contact with the production and maintenance employees, we shall
include the inspectors.
Timekeepers: The Company employs approximately six timekeepers,
who are engaged in checking employees' time cards and posting the
time on labor tickets. They are under the supervision of the Secretary
and Treasurer, unlike the production and maintenance employees, and
work in the plant office, which is apart from the production floor. For
these reasons, and in accordance with our usual practice with respect
to timekeepers, we shall exclude them from the residual production
and maintenance voting group.'
Plant guards: The Company employs seven guards, who engage in
the customary duties of watchmen. They are armed and uniformed,
but are neither deputized nor militarized. Their primary duty is
to protect company property. They also check packages of employees
and outsiders entering and leaving the plant. They are clearly with-
out monitorial duties in relation to other employees .6 Under these
circumstances, we shall include the plant guards in the voting group
hereinafter found appropriate.'
Stenographers to foremen: Each foreman is assigned a stenogra-
pher to perform his clerical work. She occupies a desk next to the
foreman, for whom she works and by whom she is supervised, either
on the production floor or in a separate office. While these employees
are under the supervision of production foremen, their work is purely
clerical in nature, and similar to that of office stenographers and
typists. Their relationship to the foremen for whom they work is
that of a secretary, and the mere fact that they perform the typing
and filing duties of the production departments is not sufficient to
identify their work closely with production and maintenance em-
ployees than with office clerical employees: We shall, therefore, ex-
clude the stenographers to the foremen.'
Matter of Schuler Axle Company, Inc., 64 N. L. R. B. 740, and cases cited in footnote
6 therein.
5Matter of Douglas Aircraft Company, Inc ., 60 N. L . It. B. 876 , and cases cited in foot-
note 9 therein.
4 Thus , there is no evidence to indicate that the plant guards enforce rules and regula-
tions promulgated by the Company with respect to employee conduct in the plant.
Matter of Lord Manufacturing Company, 66 N. L. It. B . 667; Matter of Armour and
Company, 60 N. L. It. B. 393; Matter of Charlottesville Woolen Mills, 59 N. L . It. B. 1160.
8 See Matter of Edward G. Budd Manufacturing Company, 57 N. L. R. B. 1577 ; Matter of
Sharp & Dohme, Inc., 58 N . L. It. B. 1579. Cf. Matter of Kearney & Trecker Corporation,
60 N. L. It. B. 148 ; Matter of Edward 6. Budd Manufacturing Co., 68 N. L. It. B. 153.
LUSCOMBE AIRPLANE CORPORATION 483
Janitors: The janitors keep the offices and factory clean, perform-
ing the usual janitorial services. We are of the opinion that their
interests lie with those of the other production and maintenance em-
ployees. We shall, therefore, include the janitors.
Chauffeur: The Company employs one chauffeur, who drives an
automobile to make deliveries of shall articles and mail. His duties
are similar to those of the truck drivers, except that he drives a lighter
vehicle and carries lighter loads and smaller articles than do the truck
drivers. Since his interests lie with those of the other production
and maintenance employees, including the truck drivers, whom all
parties would include, we shall also include the chauffeur.
The only remaining question is whether we should qualify any
certification that may issue by providing that a new petition may be
filed within a year. The record reveals that the Company expects to
double its pay roll within the next 3 months. However, a critical
shortage of materials may delay any expansion. In these circum-
stances we shall adhere to our usual policy of directing immediate
elections.9
We shall, however, entertain a new petition for an investigation
and certification of representatives affecting the employees involved
herein within less than a year, but not before the expiration of 6
months, from the date of any certification which we may issue in the
instant proceeding upon presentation of the requisite proof pre-
scribed in the Aluminum Company case 10
We shall, therefore, direct that the. question concerning representa-
tion which has arisen be resolved by separate elections by secret ballot
among the employees in each of the following groups described below
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 :
Group 1. All employees of the Company classified as maintenance
electricians, excluding all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
,status of employees, or effectively recommend such action.
Group 2. All remaining production and maintenance employees of
the Company, including inspectors, plant guards, janitors, and the
chauffeur, but excluding timekeepers, stenographers to foremen, ad-
ministrative, technical, and professional employees, confidential clerks,
and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action.
9 Matter of Tuttle Silver Company, Inc., 66 N. L. R, B, 238; Matter of The General Tire
ak Rubber Company, 63 N. L. R. B. 182.
1A See Matter of Aluminum Company of America, 52 N. L. R. B. 1040.
484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the results of the elections in the afore-mentioned groups will
depend, in part, our determination of the appropriate unit or units.
DIRECTION OF ELECTIONS
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 representa-
tives for the purposes of collective bargaining with Luscombe Airplane
Corporation, Garland, Texas, elections 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 Sixteenth 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 em-
ployees in the voting groups described 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 those em-
ployees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, (1) to
determine whether the employees in Group 1, described in Section IV,
above, desire to be represented by International Brotherhood of Elec-
trical Workers, Local Union No. B-1272, A. F. of L., or by Inter-
national Union, United Automobile, Aircraft and Agricultural Imple-
ment Workers of America, UAW-CIO, or by International Association
of Machinists for the purposes of collective bargaining, or by none;
and (2) to determine whether the employees in Group 2, described in
Section IV, above, desire to be represented by International Union,
United Automobile, Aircraft and Agricultural Implement Workers
of America, UAW-CIO, or by International Association of Machin-
ists, for the purposes of collective bargaining, or by neither.
CHAIRMAN HERZOC took no part in the consideration of the above
Decision and Direction of Elections.