North American Aviation, Inc. of Kansas

National Labor Relations Board - Board Decisions

Oct 20, 1942

44 N.L.R.B. 1372 (N.L.R.B. 1942)

In the Matter of NORTH AMERICAN AVIATION, INC. OF KANSAS and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAF`r, AND AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, AFFILIATED WITH THE
C.I.O.
Case No. R-1303.-Decided October 00, 1942
Jurisdiction : airplane manufacturing industry.
Investigation and Certification of Representatives : existence of question • re-
fusal to accord petitioner recognition ; immediate election directed notwith-
standing contemplated increase in plant operations ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance eni-
ployees'at one of Company's plants, with specified inclusions and exclusions.
Mr. Henry N. E, 8s and Mr. Carl E. Enggass, of Kansas City, Mo., for
the Company.
Mr. Maurice Sugar, and Mr. Ernest Goodman, of Detroit, Mich., for
the UAW-CIO.
Mr. Eric/c B. Bjurman, of Kansas City, Mo., for the IAM.
Mr. Louis Cokin, of counsel to the Board.,
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, Uziited Automo-
bile, Aircraft, and Agricultural Implement Workers of America, affil-
iated with the C. I. 0., herein called the UAW-CIO, alleging that a
question affecting commerce had arisen concerning the representation
of employees of North American Aviation, Inc., of Kansas, Kansas
City, Kansas, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Robert S. Fousek, Trial Examiner. Said hearing was held at Kansas
City, Missouri, on September 22 and 23, 1942. The Compiiny, the
UAW-CIO and International Association of Machinists, herein called
the IAM, appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. During the course of the hearing,
44 N. L. R. B., No. 255.
1372
NORTH AMERICAN AVIATION,. INC. OF KANSAS- 1373
counsel for' the Company moved to dismiss the petition -on' various
grounds. The Trial Examiner reserved his ruling. The motion is
hereby denied, The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
On October 7, 8, and 9, 1942, respectively, the Company, the IAM,
and the UAW-CIO filed briefs 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
North American Aviation, Inc., of Kansas is a Delaware corporation
operating an airplane manufacturing and assembling plant at Kansas
City, Kansas . The Kansas City, Kansas, plant is wholly owned by
the United States Government and all products manufactured there
are for the Government. The Company purchases raw materials
valued in excess of $100,000 monthly, practically all of which are
shipped to it from outside Kansas, and its finished products are valued
in excess of $100,000 monthly, all of which are turned over to the
United States Government.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft, and Agricul-
tural Implement Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
International Association of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to mem=
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During July 1942 the UAW-CIO requested the Company to recog-
nize it as the exclusive representative of the employees at the Kansas
City plant of the Company. The Company refused this request.
A statement of`the Regional Director, introduced, into evidence at
the hearing, indicates that the UAW-CIO represents a substantial
number of the employees in the unit, hereinafter found to be
appropriate.'
I The Regional Du ector reported that the UAW-CIO presented authorization cards bear-
ing apparently genuine signatures of between 37 and 42 percent of the employees whose
names appear,- on the Company's •pay roll of August 7. 1942 He further reported that
the I A M. presented membeiship application cards beating apparently genuine signatures
of about 3 percent of the employees on that pay roll. There are over 5 , 000 employees
in the unit hereinafter found to be appropriate
1374 DECISIONS OF.NATIONAL LABOR RELATIONS BOARD
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The UAW-CIO and the IAM contend that all production and
maintenance employees at the Kansas City plant of the Company,
including inspectors, timekeepers, store keepers, production control
employees in the modification center, group leaders, and leadmen,
but excluding all office and factory clerical employees, production
control employees in the administrative offices, all employees in the
engineering department, employees in the plant protection, accounting,
and industrial relations departments, and all supervisory employees
above the rank of group leaders, constitute an appropriate unit.
The only controversy with respect to the unit concerns tool designers,
group leaders, and leadmen. The UAW-CIO and the IAM contend
that the group leaders and the leadmen be included in the unit, and
the Company that they be excluded. In addition the IAM contends
that tool designers should be included in the unit and the other parties
urge that they be excluded.
Tool Designers. The record indicates that these employees are an
integral part of the Company's engineering department. All other
employees in the engineering department are excluded by agreement
of the parties. Under these circumstances we shall- exclude tool de-
signers from the unit.
Leadmen. These employees work throughout 1 he Company's plant
and each instructs from 4 to 10 employees. The leadmen transmit
orders from the group leaders to the production employees and spend
a substantial amount of their time actually performing manual duties.
Under these circumstances we shall include leadmen in the unit.
Group Leaders. Each of these employees has from 10 to 25 em-
ployees working under him, and they also have supervisory author-
ity over the leadmen discussed above. It appears that group leaders
ordinarily perform no manual labor and that they have the authority
to recofnmend advancement of ordinary production employees. We
shall exclude the group leaders from the unit.
We find that all production and maintenance employees at the
Kansas City, Kansas, plant of the Company, including inspectors,
timekeepers, production control employees in the modification center,
and leadmen, but excluding all office and factory clerical employees,
production control employees in the administrative offices, all em-
ployees in the engineering department, employees in the plant pro-
NORTH AMERICAN AVIATION, INC. OF KANSAS- 1375
tection, , accounting, and industrial relations departments, group
leaders, and supervisory employees above the rank of group leaders,
constitute a unit appropriate for the purposes of 'collective bargain-
ing, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
Production at the Kansas City, Kansas plant began late in Decem-
ber, 1941. The Company's plans for the next 18 months call for the
quadrupling of the number of its employees. In view of this fact,
the Company contends that no election should be held until at least
50 percent of the employees to be ultimately hired by it are em-
ployed. The UAW-CIO and the IAM request that an election be
held at once. As of the latter part of September 1942, the Company
had in its employ about 281/,, percent of the number of employees con-
templated for the operation of its plant at full capacity. However,
the Company does not contemplate operating at full capacity until
January, 1944. The Company estimates that by the middle of 1943
it will have employed approximately 50 percent of the anticipated
total number of production employees. As stated above, the Com-
pany presently employs more than 5,000 persons at the Kansas City,
Kansas, plant and over 50 percent of the employees to be hired by
the middle of 1943 are presently working. Under all the facts, we
do not believe that the large number of employees of numerous classi-
fications now working should be deprived for several months of their
right to bargaining collectively. We shall-accordingly proceed with
an immediate determination of representatives. We shall direct that
the employees of the Company eligible to vote in the election shall
be those within 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 Rela-
tions Act, and pursuant to Article III, Section 8, 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 North American
Aviation Inc., of Kansas, Kansas City, Kansas, 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
1376 , DECISIONS 'OF NATIONAL LABOR RELATIONS -BOARD
.and supervision of the Regional 'Director for the Seventeenth Region,
acting'in this matter as agent for the National Labor Relations Board,
and subject'to Article III, Section 9, 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 'any such employees
who did not work during said pay-roll period because they were ill
or on vacation or in the active military service or training of the
United States, or temporarily laid off, but.excluding any who have
since quit or been discharged for cause, to determine 'whether they
desire to be represented by International Union, United Automobile,
Aircraft, and Agricultural Implement Workers of America, affil-'
iated with the Congress of Industrial Organizations, or by Inter-
national Association of Machinists, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining, or by
neither.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.