Northwestern Aeronautical Corp.

National Labor Relations Board - Board Decisions

May 4, 1943

49 N.L.R.B. 432 (N.L.R.B. 1943)

In the Matter' of NORTHWESTERN AERONAUTICAL CORPORATION and
UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT,
WORKERS OF AMERICA, LOCAL 722, C. I. O,
Case No. R-5154.-Decided. May 4, 1943
Doherty, Rumble, Butler, Sulli^van,& Mitchell, of St. Paul, Minn.;
by Messrs. J. C. Foote and R. J. Leonord, for the Company.
Messrs. Douglas Hall, James E. Kirby and Carl L. Hallquist, of
Minneapolis, Minn., for the U.A. W.-C. I. O.
Messrs. William. D., Geinn and William F. Wright, of St. Piiul,
Minn., for the A. F. of L. and' constituent unions.
Mr. J. H. Bakken, of Minneapolis; Minn., for" the District Council,
Mr. IV. T. Lee per, of Minneapolis, Minn., for the I. B. E. W.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF-ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Automobile, Air-'
craft and Agricultural Implement Workers of America, Local 722,
C. I. O.,' herein called the U.' A. W.-C. 1.-0., alleging that a question
affecting commerce had arisen concerning `the representation of t6'
employees of Northwestern, Aeronautical Corporation,- Minneapolis,
Minnesota, herein called the Company; the National Labor Relations
Board provided for an, appropriate `hearing upon due .notice 'before
Harry Brownstein, Trial' Examiner. 'Said hearing,was held at Min-'
neapolis, Minnesota; on April' 8, l943. "The' Company, the U. A. W.-
C. I. 0., the American 'Federation of Labor, herein ' called the
A. F. of L.,1 the Twin City Carpenteirs''District Council (A. F. L.),
herein called the District Council, and the International Brotherhood
of Electrical' Workers (A. F. L.),- herein called the I. B. E. W:; '
appeared, participated, and were afforded full opportunity to be
1 The A. F.,, of L. represented ; itself, the . International Association of, Machinists, the,
District Council and its constituent unions, and the I. , B.,E, W ., at the hearing.
49 N. L. R. B., No. 57.
432
NORTHWE 'STERN' AE'RON 'AUTICAL CORPORATION- - 433
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..
Upon the entire record in the case, the Board makes the following:'
FINDINGS OF FACT
I. THE -BUSINESS OF THE COMPANY.
Northwestern Aeronautical Corporation, a Minnesota corporation,'
has its office and principal place of business-at Wold-Chamberlain
Field, Municipal • Airport, Minneapolis, Minnesota. The Company
is engaged in the• production by fabrication and assembly of gliders
for the United States Army Air Force under primary contract. The
Company purchases from a variety of sources throughout the United
States the ' raw materials 'and semi-manufactured parts used by its
subcontractors in the manufacture of component parts, and such raw
and finished materials as the Company uses itself, in its assembling
and finishing operations. Numerous subcontractors of the Company
have'their places'of business and inanuf acturing -plants without the
State 'of' Minnesota. - Title reside's in the United States Government
throughout the various manufacturing processes, whether accom-
plished by the subcontractors or by the Company, and delivery to the
United States Government is effected at the Company's plant after
the completion of the assembly operations. The Company contends
that because of these arrangements, with the United States Govern-
ment it 'is not, engaged in interstate commerce within the meaning
of the National. Labor Relations Act. However, in view of the fore-
going, we find that the Company is engaged in commerce within the
meaning of the Act.'
II. THE ORGANIZATIONS INVOLVED
United Automobile, Aircraft and Agricultural Implement Workers,
of America, Local,722, is a labor organization affiliated' with the Con-
gress of Industrial Organizations, admitting to membership em-
ployees of the Company.
American Federation of Labor is a labor organization, admitting
to membership employees of the Company. .
Twin City Carpenters' District Council is an organization com-__
posed of various constituent local unions 'of the American' Federation
of Labor, admitting to membership employees of 'the Company,:
I
l See Matter of Certain-Teed Products Corporation and Order of Railu ad Conductors,.
48 N ; L R. B., 43; .Matter of United States Cartridge Company and International ,
Brotherhood of Dlectracal Workers, Local Union No. 1, 4.'F• of L, 42 N. L , R . ^B ,191, citing
N. L.,R., B v. Fainblatt, 306 U S. 601.- ,
434 DECISIONS OF NATIONAL LABOR RELAMONS BOARD
International Brotherhood'of Electrical Workers is' d labor organi-
zation affiliated with the,American Federation of Labor; adthittirig to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about February 20, 1943, the U. A. W.-C. I. O. informed the
Company by letter that it represented a majority of the Company's
'production employees and requested a. conference for the purposes
of collective bargaining . After repeated attempts on , the part of the
-U: A. W.-C. I. O., the Company failed to make available representa-
tives for such a conference , and the petition herein was thereupon
filed.
A statement of the Regional Director , introduced into evidence at
the hearing ,, together with, a statement of the Trial Examiner made
at the hearing , indicate that the U. A. W.-C. I. O. represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate.3 •
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 U: A. 'W.-C. I. O. claims as appropriate a bargaining unit'
composed of the Company's production and maintenance employees.
The Company contends that its operation s' are "so highl'y'integrated
with those of its two principal subcontractors that the unit should
include their- two' plants with the Company's plant, thus constituting
a 3-plant unit. There is a further controversy as to the inclusion
in the unit of two categories of employees discussed below. The
A. F. of L. is in accord with the U. A. W.-C. I. O.'s position through-
out: All parties are agreed on the exclusion of supervisory, employees
having the right to hire and discharge.
The Company, as stated above, employs numerous subcontractors
to manufacture and process various parts which it assembles into the
finished glider. The two major contractors which the Company thus
employs are the Villaume Box & Lumber Company, St. Paul ,'Minne-
3The Regional Director reported that the U. A w-C I 0 submitted 367 designations
of which 321. all bearing apparently genuine original signatures , correspond with names
on the Company 's pay roll of March 27', 1 943, containing ' 628 names The Trial Examiner
reported that the U . A. W-C. I . O. submitted an additional 27 designations of which' 19,
all b'ear'ing apparently genuine ' original -signatures , correspond with' names on-tle ' aforesaid
pay, roll.
The,Regional Director ` reported that the A .' F.•of L ' submi£ted` 48''dd4lgnations of which'
41 all bearing 'apparently genuine original signatures correspond with names' on the above'
company pay roll. , '
` i I
NORT 'HWE'STERN AE-RO 'NAUTICAL CORPORATION - 435
sota, herein called the Villaume Company , and the DePonti Aviation
Company, Minneapolis , Minnesota , herein called the DePonti Com-
pany. The DePonti Company's entire output , metal parts, is em-
ployed • in `6e Company 's operations . The Villaume Company
manufactures wood parts ;.,approximately,80 percent of its entire out-
put goes to the Company : The Company exercises control over the
operation of the minor contractors by means of expediters and in-
spectors , but its relation to the Villaume and DePonti Companies
is much closer . Prior to January 1 , 1943, when the Army changed
from a system of remunerating the Company on a time basis to a
'fixed price basis , the Company hired employees for the Villaume apd
DePonti Companies and there was some interchange of personnel.
The Company continues to advise the Villaume and DePonti Com-
panies on personnel problems, its control over the former being much
greater than over the latter as a result of a contract, dated March 11,
1943, permitting the Company to supervise all Villaume production
activities . The Villaume and DePonti Companies , as well as the
other subcontractors , are separate corporate entities , and are located
12 miles and 5 miles away, respectively , from the Company 's plant.
The Company compensates the Villaume and DePonti Companies for
the value of the operations they perform on a fixed price basis, the
same lnod'e of payment used by the Company to compensate most of
its other subcontractors . Although the Villaume and DePonti Com-
panies' operations are closely connected with the Company 's, such
integration as exists differs in degree rather than in kind from the
Company's relation to the other subcontractors . The employees' of
the Company can function effectively as a collective bargaining unit.
It further appears that the Villaume Company has 'been under con-
tract for a number of years with the Mill and Cabinet Workers,
A.' F. of L. Accordingly ,