McDonnell Aircraft Corp.

National Labor Relations Board - Board Decisions

Sep 28, 1948

79 N.L.R.B. 1054 (N.L.R.B. 1948)

In the Matter of MCDONNELL AIRCRAFT CORPORATION, EMPLOYER and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. 1,
AFL, PETITIONER and INTERNATIONAL BROTHERHOOD OF FIREMEN
AND OILERS AND MAINTENANCE MEN, LOCAL 6, AFL, PETITIONER
Case Nos. 14-RC-108 and 14-RC-223.-Decided September 28, 1948
DECISION
AND
DIRECTION OF ELECTIONS
Upon petitions duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer'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-man panel consisting of the undersigned Board
Members.*
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 organizations named below claim to represent em-
ployees of the Employer."
3. A 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.
4. The following groups of employees at the Employer's Lambert
Field, St. Louis, Missouri, aircraft plant may constitute, respectively,
separate units appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act : 2
•Houston, Reynolds , and Gray.
I International Association of Machinists, District No. 9, which has represented the
Employer 's production and maintenance employees since 1941 , was represented at the
hearing and does not oppose the petitions filed herein . It does not desire to participate
in the elections directed below.
2 The Employer contends that the existing plant-wide unit is the only appropriate unit
and urges that the petitions herein be dismissed . In spite of varying skills among the
Employer 's electricians , we find, in accordance with our holding in previous cases involving
the aircraft industry , that such electricians constitute a well-defined craft group. We
further find that the powerhouse employees constitute a functionally coherent , homogeneous
and traditional bargaining group of employees . Despite the previous history of bar-
79 N. L. R. B., No. 136.
1054
McDONNELL AIRCRAFT CORPORATION 1055
(a) All construction and maintenance electricians, their helpers
and apprentices, including those included in the classifications elec-
trician-maintenance, Grades 1 and 2,3 but excluding clerical employees,
guards, professional employees, and all supervisors.
(b) All employees at the Employer's powerhouse, including those
classified as firemen, Grades 1 and 2, and maintenance mechanics,
Grades 1, 2, and 3, but excluding the chief boilerhouse engineer, sta-
tionary engineers,4 and all other supervisors.
However, we shall make no final unit determinations at this time,
but shall be guided in part by the desires of these employees as ex-
pressed in the elections hereinafter directed. If a majority in either
voting group vote for the Petitioner for that group, they will be taken
to have indicated their desire to constitute a separate appropriate unit.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, separate elec-
tions by secret ballot shall be conducted as early as possible, but not
later than 30 days from the date of this Direction, under the direction
and supervision of the Regional Director for the Region in which
this case was heard, and subject to Sections 203.61 and 203.62 of
National Labor Relations Board Rules and Regulations- Series 5, as
amended, among the employees in the two groups described below,
who were employed during the pay-roll period immediately preceding
the date of this Direction of Elections, including employees who did
not work during said pay-roll period because they were ill or on
vacation or temporarily laid off, but excluding those employees who
have since quit or been discharged for cause and have not been rehired
gaining on a more comprehensive basis, employees in these two separate groups may, if
they desire, constitute separate units appropriate for purposes of collective bargaining.
Matter of Smith Paper, Inc., 76 N. L. R. B. 1226; Matter of Lockheed Aircraft Corporation,
77 N. L. R. B. 507; Matter of Consolidated Vultee Aircraft Corporation, 75 N. L. It. B. 1276.
s The Employer also contends that some of the electricians engaged part-time in the
operation of electric cranes should be excluded from the proposed unit. We do not agree
with this contention. In connection with its production of aircraft, the Employer has six
electric cranes which are, at times, operated by certain electricians in the unit described
in paragraph 4 (a) above. However, the record indicates, and we find, that all the
Employer's electricians in Grades 1 and 2 are primarily engaged in electrical construction
and maintenance work. We shall accordingly include them in the voting group.
The Employer's classifications also include electrician-maintenance Grade 3 and learner.
helper Since, however, the Employer appears to have no employees in these classifications,
we shall make no determination concerning their unit placement at the present time.
4 It appears from the record, and the Petitioner concedes, that the Employer's stationary
engineers are supervisors within the meaning of the Act. Therefore, we shall exclude
them from the proposed unit.
1056 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or reinstated prior 'to the date of 'the election, and also excluding
employees on strike who are not entitled to reinstatement: (1) among
the construction and maintenance. electricians described in paragraph
4 (a) above to determine whether or not they desire to be represented,
for purposes of collective bargaining, by International Brotherhood of
Electrical Workers, Local No. 1, AFL; and (2) among the powerhouse
employees described in paragraph 4 (b) above, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by International Brotherhood of Firemen and Oilers and Mainte-
nance Men, Local 6, AFL.