McDonnell Aircraft Corp.

National Labor Relations Board - Board Decisions

May 19, 1943

49 N.L.R.B. 897 (N.L.R.B. 1943)

In the Matter of MCDONNELL AIRCRAFT CORPORATION and INTERNA-.
.TIONAL AssoCIATION or MACHINISTS, DISTRICT No. 9, A. F. L.
Case No. R-518.-Decided May 19, 1943
'Mr. L. A. Smith and Mr. R. B. Hansen, both of St. Louis, Mo., for
the -Company.
Mr. Nelson Briner, of St. Louis, Mo., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND t
DIRECTION OF ELECTION .
STATEMENT OF THE CASE
Upon,petition duly filed by International Association of Machinists,,
District No. 9, A. F. L., herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation' of
employees of the McDonnell Aircraft Corporation, St. Louis, Mis-
souri, herein called the Company, the National Labor Relations'Board'
provided for an appropriate hearing upon due notice before Ryburn L.
Hackler, Trial Examiner. Said hearing was held at St. Louis, Mis-
souri, on April 21, 1943. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
' ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. The Com-
pany and the Union- filed briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY
McDonnell Aircraft Corporation, a Maryland corporation with its
office and principal place of business in St. Louis, Missouri, is engaged
in the manufacture and processing of aircraft parts and accessories.
The instant proceeding relates solely to the Company's operations at
49 N L R B, No. 127.
897 '
898 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
St. Louis, Missouri-. During the calendar year 1942, it purchased and
transported to its St. Louis,plant raw materials valued in excess of
$50,000, and during the same period it sold and transported finished
aircraft parts valued in excess of $50,000, through and into States
other than the State of Missouri. The Company is at present entirely
engaged in the production of war materials, and admits, that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, District No. 9, is a labor
organization affiliated with the American- Federation of Labor,
admitting to membership employees of the Company. -
III. THE QUESTION CONCERNING REPRESENTATION
On or about March 7, 1943, the Union, by letter, requested recogni-
tion as the sole collective bargaining representative of the Company's
employees in the Inspection Department. On or about March 9, the
Company replied by letter requesting a conference with the Union to
discuss the matter. On or about March 16, a conference was held at
which time the Company took the position that the unit sought by the
Union was inappropriate and refused recognition upon that basis.
A statement of-the Trial Examiner, read into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees within the unit hereinafter found appropriate.'
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
In its petition, the Union requested a unit consisting of all inspec-
tors employed by the Company at-its St. Louis Division. However,,
at the hearing, it amended its petition so as to exclude those super-
visory inspectors spending less than 50 percent of their time in actual
inspection operations, and also safety and engineering inspectors.
The Company contends that inspectors, as `a class, should not be
included within any unit for the purposes of collective bargaining,
basing this contention upon the fact that inspectors are responsible
' The Trial Examiner reported that the Union submitted 77 authorization cards of which
54 contained names appearing upon the Company's pay roll of April 18, 1943., All 54
cards bore apparently genuine original signatures The record does not indicate the
number of employees in the appropriate unit , although the petition alleges that the unit
contains approximately 105 employees
McDONNELL AIRCRAFT CORPORATION 899
for the quality of work produced by the production employees, and
have the right to reject articles which do not conform to the specifica-
tions set for them. Under these circumstances , the Company argues
that inspectors are an arm of management . We do not agree with
this contention .' The inspectors do not supervise production ' employ-
ees in the sense that they have the power to hire, discharge , or recom-
mend such action ; they, are only concerned with the quality of the
work' produced . It is evident that inspectors are employees within
the 'meaning of the Act, and we have heretofore included them within
a unit of production and maintenance employee's .2 We have'also
determined that' inspectors and certain skilled employees , exclusive
of production and maintenance employees , constitute an appropriate
Iinit.3 'We find that inspectors are a homogeneous group and consti-
tute a unit appropriate for the purposes of collective bargaining.4
The Company further contends that if a unit of inspectors is deemed
to be appropriate , no inspector exercising any degree of supervision
should be included within the unit. The Union, as heretofore stated,
would , eiclude , in' addition to the safety , and engineering inspectors,'
only those 'inspectors spending less than 50 percent of their time per-
forming actual inspection work, and the balance in supervisory func-
-tions . The record does not disclose the number of inspectors engaged
in supervisory work, nor does it indicate to any sufficient extent the
type or manner of,supervision exercised . Under these circumstances
we shall exclude from the unit hereinafter found appropriate only
those inspectors who, have the right to hire , discharge , or recommend
such action.
In accordance with',the above , we, find that all inspectors at the St.
Louis Division of the Company , excluding safety inspectors, engi-
neering inspectors , and those inspectors - having the right to hire,
2 Matte, of r of th Arne, scan Inc of Kansas and International Union, United Automobile,
4irriaft,' and Agricultuial Implement Worl,e,s of America, affiliated with the, C. I 0.,
44 N L R B. 1372; Mattel of Union Pasts Manufacturing Company Inc and International
Association of Machinists, District No. 15, 41 N. L R. B. 1173; Matter of Pierson Machine
Company and International Associatson,of Machinists, Lodge 311, A F. of L, 43 N. L. R B.
1169 Matter of Gardner-Denver Company and International Association 'of Machinists,
Lodge 822, A" F. of L., 44 N. L. R B. 1192.
s Matter of Westinghouse Electric d Manufacturing' Company, Naval Ordnance Division
and International Association of Machinists, Kentucky Lodge 830, A. F of L, 44 N L.
R B 1071 In this case the Board decided that inspectors and tool designers constituted
and appropriate unit I
4 The fact that the Union presented represents production and maintenance employees
does not preclude the Union fiom representing the inspectors as a separate -unit. See
Matter of Bethlehem Steel Company, Staten Island Yard, and Industrial Union of Marine
tt Shipbuilding Workers of America, Local 12, C 1 0 , 46 N L R B. 1166 -
,5 The safety inspectors are in the personnel department and are intimately associated
with management. ' In the 'exercise of their, duties, they have access' to confidential `
information as to the Company's labor relations policies. The engineering inspectors are
engineers who perform many other functions besides inspection. Due to the nature of
their duties, both the Company and the Union are agreed that these employees should be
excluded troin the appiopiiate unit
900 DECISIONS 'OP NATIONAL LABOR RELATIONS BOARD
discharge, or recommend' such action, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES a
The Company urges that eligibility to' vote be determined by ref-
erence to the pay roll 'of the Company next preceding the date of the
election, arguing that if an election is held, it should reflect the desires
of all employees within the unit as nearly as possible. Although the
record discloses that there may-be an expansion of personnel, the Com-
pany indicated that this expansion is dependent upon the availability
of materials and upon the-desires of the War and Navy Departments.
We shall adhere to our usual procedure, and in accordance therewith,
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
immediately 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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives-for the purposes' of collective bargaining with ' McDonnell Air-
craft Corporation, St. Louis, Missouri, 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 Fourteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, 'but ex-
cluding any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Interna-
tional Association of Machinists, District No. 9, affiliated with the-
American Federation of Labor, for the purposes of collective
bargaining.