Northrop Aircraft, Inc.

National Labor Relations Board - Board Decisions

Jul 30, 1942

42 N.L.R.B. 1109 (N.L.R.B. 1942)

In the Matter of NORTHROP AIRCRAFT, INC and NATIONAL UNION,
UNITED AIRCRAFT WELDERS OF AMERICA, UNAFFILIATED
Case No. R-3980 -Decided July 30,1942
Jurisdiction : ail ciaft and anciaft parts manufacturing industry
Investigation and Certification of Representatives : existence of question Com-
pany's doubt as to appropriateness of proposed unit, election necessary
Unit Appropriate for Collective Bargaining : «eldeis, welders' helpers and
appientice^!, and tack welders
Mr. Geol ge Gore, of Hawthorne, Calif., for the Company
Mr. Jimane Goss, of Rivera, Calif , for the Union
Mr. Stanley D: Metzger, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by National Union, United Aircraft Weld-
ers of America, Unaffiliated, herein called the Union, alleging that a
question affecting commerce had arisen conceining the representation
of employees of Noithrop Aircraft, Inc , Hawthorne, California,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before William P.
Webb, Trial Examiner Said hearing was held at Los Angeles, Cali-
fornia, on June 23, 1942 The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine and ci oss-examme witnesses, and to introduce eviderice bearing
on the issues The Trial Examiner's rulings made at the hearing are
free from prejudicial errors and are hereby affirmed
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I TIIE BUSINESS OF THE COMPANY
Northrop Aircraft, Inc, is a California corporation with its plant
and place of business in Hawthorne, California, where it is engaged
42NLRB,No 199 -
1109
I
1110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the design, manufacture, and sale, of an craft and aircraft parts.
During the year ending April 30, 1942, the Company purchased-raw
materials and other equipment, valued at approximately $14,500,000,
of which i aw materials and equipment valued at $11,000,000 were
shipped to the Company from places outside the State of California.
During the same period, the Company sold finished products, valued
at approx>>riately $13,315,000, of which finished products valued at
approximately $11,150,000 were shipped by the Company to places
outside the State of California The Company admits, for the purpose
of this proceeding, that its business opeiations affect commerce within
the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
National Union, United Aircraft Welders of America, Unaffiliated
is, a labor organization admitting to membership employees of the
Company.
III THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant the Union's request that it be
recognized as the exclusive bargaining agent for welders in the Com-
pany's employ because of doubt as to the appropriateness of the unit
urged by the Union
A statement of the Regional Director, introduced in evidence at the
hearing, shows that the Union represents a substantial number of
employees in 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
The Union alleges that "all employees of the Company who are en-
gaged during more than 50 percent of their working time as oxy-
acetylene, dxy-hydrogen, and electric are welders employed to do fusion
welding as gas torch cutters and as welders' helpers and apprentices,
and excluding operators of mechanical spot welding machines, and all
foremen and supervisors" constitute an appropriate unit. The Union
would include within the above unit tack welders. The Company
takes no position on the appropriateness of the unit desired by the
Union ,
'The Regional Director repotted that the Union had submitted to him 37 member-
ship application cards, and that 34 of these 37 cards bore the appal ently genuine signatures
of persons whose names appeared on the Company' s pay roll of May 22 , 1942 There
_are approximately 52 employees in the appropriate unit
NORTHROP AIRCRAFT, INC. 1111
The 52 welders in the Company's employ work in 4 different depart-
ments, which aie under one root but in separate parts of the building
Twenty-four work in the welding metal fittings department; 6 work
in the jig construction department, 13 are in the experimental depart-
ment, 6 work in the maintenance department; and 3 tack welders, who
are trainees undergoing a 12-week beginners' training period, work
in var sous of the above-mentioned departments. All 52 are engaged in,
the type of ww of k described in the unit desired by the Union. Ai niy and
Navy qualification tests are necessary before a welder may find em-
ploynment in an aircraft factory, and periodic workmanship refresher
tests are required by the Army and Navy in order that such welders
may continue to hold their jobs Army and Navy requirements for
those designated as Class A and Class B welders require 21/2 years' and
1 year's experience, respectively.
The Union's constitution limits membership to persons classified as
described in the unit desired by the Union herein 2 With regard to
tack welders, who are persons with less than 3 months' experience and
are being trained to become welders, the Union's practice is to accept
them as members after 2 weeks' employment, but if at any time during
their 12-week training period they fail to show promise of becoming
welders, and are discharged or transferred by the Company employing
them, the Union refunds them any monies which they may have paid
to the Union and drops them from membership.
The Union was formed in September 1936 by welders employed by
the Douglas Aircraft Company and other larger aircraft companies
in Southern California as an unaffiliated labor organization for air-
craft welders Thereafter, the Union enrolled members among weld-
ers at several aircraft plants in Los Angeles and San Diego, and pres-
ently enjoys considerable membership among welders in the Southern
California aircraft industry, being a party to collective bargaining
contracts at Douglas Aircraft Company, Ryan Aeronautical Company,
and Vultee Aircraft, Inc, among others During 1941, the Union
engaged in wage stabilization conferences with all the larger aircraft
companies of ,Southern California, the Company here involved had
observers at such conferences.
No union possesses, or, so far as the record shows, has ever possessed
bargaining rights or contracts with the Company. A representative of
the Union stated that a representative of International Union, United
Automobile, Aircraft & Agricultural Implement Workers of America,
affiliated with the Congiess of Industrial Organizations, herein called-
U. A W -C I' 0, had informed him that.the U A. W -C I. 0 had
' We have held the unit desired by the Union to be appropriate in Matter of Ryan Aero-
nautical Co and United Aircraft Welders of America, Ind, 15 N L R B 812
1112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
no inteiest in the welders herein involved; and Inteinational Asso-
ciation of Machinists, affiliated with the American Federation of
Labor, the other large aircraft union in Southern California, ex-
hibited no interest in this proceeding, although notified of the filing
of the petition.
Under these circumstances, we find that all employees of the Com-
pany who are engaged during more than 50 percent of their working
time as oxy-acetylene, oxy-hydrogen, and electric arc welders em-
ployed to do fusion welding as gas torch cutters, as welders' helpers
and apprentices, and as tack welders, excluding operators of mechani-
cal spot welding machines, and all foremen and supervisors, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act.' Our determination in this
case that the welders employed by the Company constitute an appro-
priate unit is, however, no bar to a later determination at another
stage of self-organization among the Company's employees, consistent
with a change in the status of such self-organization 4
V THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. Both the
Company and the Union desire that a current pay roll be used to deter-
mine eligibility to vote In accordance with our usual practice, we
shall direct that the employees of'the Company eligible to vote in
the election shall be those 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 condi-
tions 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
3See Matter of The Patterson -Kelly Company, Inc and International Brotherhood of
Boilermakers , Iron Shipbuilders, Welders, Welders' Helpers of America, Local No 397
(A F L ), 38 N L R B 1229, Matter of The Paraffins Companies , Inc ,_ and United
Welders, Cutters & Helpers of America , 38 N L R B 118 , Matter of The Douglas Air-
craft Co , Inc, El Segundo Division and United Aircraft Welders of America (Independent),
16 N L R B 93, Matter of Ryan Aeronautical Co and United Aircraft Welders of
America, Ind, 15 N L R B 812
'Matter of Ryan Aeronautical Co and United Aircraft Welders of America, Ind
15 N L R B 812, 815
NORTHROP AIRCRAFT, INC 1113
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Northrop Air-
craft, Inc , Hawthorne, California, 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 super-
vision of the Regional Director for the Twenty-first 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 appi opriate in Section IV above, who
were employed at the Company's Hawthorne, California, plant 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 employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
National Union, United Aircraft Welders of America, Unaffiliated,
for the purposes of collective bargaining