Ryan Aeronautical Co.

National Labor Relations Board - Board Decisions

Oct 2, 1939

15 N.L.R.B. 812 (N.L.R.B. 1939)

_In the Matter of RYAN AERONAUTICAL Co. and UNITED AIRCRAFT
WELDERS OF AMERICA, IND.
Case No. B-1421.-Decided October 0, 1939
Aircraft Manufacturing Industry-Investigation of Representatives : contro-
versy concerning representation of employees : refusal of employer to recognize
petitioning union-Unit Appropriate for Collective Bargaining : employees of
-company more than 50 per cent of whose working time is spent in oxy-acetylene,
-oxy-hydrogen and electric are welding , in gas torch cutting and in the work of
welders' helpers ; segregation into one department ; no history of collective bar-
gaining ; no other unions in plant ; determination not a bar to later determina-
tion under changed status of organization-Election Ordered
Mr. William R. Walsh, for the Board.
Sloane & Steiner, by Mr. Fred A. Steiner, of San Diego; Calif., for
-the Company.
Mr. James M. Carter, of Los Angeles, Calif., for the United.
Mr. C. L. Bentley and Mr. Thomas McNett, of San Diego , Calif.,
and Mr. John P. Frey and Mr. Paul R. Hutchings, of Washington,
D. C., for the I. A. M.
.Mr. Robert D. Allen, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 5, 1939, United Aircraft Welders of America, Ind., herein
called the United, filed with the Regional Director for the Twenty-
first Region (Los Angeles, California) a petition, and on June 13,
1939, an amended petition, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Ryan
Aeronautical Co., San Diego, California, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On June 21, 1939, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
15 N. L. R. B., No. 90.
812
RYAN AERONAUTICAL CO. 813
ordered an investigation and authorized the Regional Director to,
conduct it and to provide for an appropriate hearing upon due notice..
On June 23, 1939, the Regional Director issued a notice of hearing,.
copies of which were served'. upon the Company, the United, and
the International Association of Machinists, herein called the I. A. M.,.
a labor organization claiming to represent employees directly affected
by the investigation. Pursuant to the notice a hearing was held on
June 29, 1939, at San Diego, California, before Henry W. Schmidt,.
the Trial Examiner duly designated by the Board. At the hearing
the I. A. M. petitioned for leave to intervene. Its petition was
granted by the Trial Examiner. The Board, the Company, and the
United were represented by counsel, the I. A. M. by representatives,
and all participated in the hearing. Full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. During the course of
the hearing the Trial Examiner made several rulings on motions and
on objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial error
was committed. The rulings are hereby affirmed. Pursuant to notice
duly served on all parties, oral argument was held before the Board
on August 22, 1939. The I. A. M. was represented by counsel and
participated in the argument.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company, a California corporation with its principal place of
business at San Diego, California, is engaged in the manufacture,
and sale of airplanes and airplane parts for both commercial and
military use. The principal raw materials used are aluminum alloy,
chrome molybdenum, stainless steel, fabric, instruments, and acces-
sories, all coming from points outside California, and paints, var-
nishes, standard parts, engines, and rubber, some of which come from
points outside California. The Company annually spends approxi-
mately $120,000 for raw materials, the greater part of which are
brought to its plant. from outside California. During its last fiscal
year the Company's sales of airplanes aggregated $211,000, and its
sales of parts, $233,000. Eighty per cent of the planes and five per
cent of the parts were sold to customers outside California.
1 At the hearing, a question arose as to whether the notice was served within the time
required. However, all parties waived their right to object to this irregularity.
814 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
United Aircraft Welders of America, Ind., is an unaffiliated labor
organization, admitting to membership all welders, apprentice weld-
ers, and helpers employed by the Company.
International Association of Machinists is a labor organization
affiliated with the American Federation of Labor. It admits to
membership all production employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 15, 1939, the United sent a telegram to the Company
stating that it had been designated as bargaining agent of the welders
in the Company's employ and requesting a meeting to discuss a pro-
posed agreement with the Company. To this the Company replied
that it could not meet with the United, giving as its reason the fact
that the Company had had no notice from the Board that the United
represented a majority of the Company's employees. Although meet-
ings between the United and the Company were held thereafter, the
Company persisted in its refusal to bargain with or grant any recog-
nition to the United. It contends that a unit consisting of welders
alone is not appropriate. The impasse thus reached culminated on
June 15, 1939, in a strike by the United which was still in progress
at the time of the hearing. Twenty-six employees participated in
the strike.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The United contends that all oxy-acetylene, oxy-hydrogen and
electric are welders employed to do fusion welding and all gas torch
cutters and all welders' helpers employed by the Company, exclud-
ing those with authority to hire and discharge, constitute a unit ap-
propriate for the purposes of collective bargaining. The Company
employs some 308 hourly paid production and maintenance workers,
RYAN AERONAUTICAL CO. 815
of which 33 are claimed by the United to be welders and welders'
helpers. The Company maintains a distinct welding department
where most of the work of this type is performed. That depart-
ment employs 31 persons, excluding the foreman.
The I. A. M. contends that welders do not constitute a distinct
craft but are members of traditional crafts performing work of
which welding is a necessary part, and that a unit consisting of
welders alone is therefore not appropriate.
The I. A. M. made no showing of membership among the Com-
pany's employees. Aside from the United, there has been no labor
organization in the plant. A determination in this case that the
welders employed by the Company constitute an appropriate unit is
no bar to a later determination at another stage of self-organiza-
tion among the Company's employees, consistent with a change in
the status of such self-organization. Under the circumstances of this
case , we are of the opinion that the welders and welders' helpers em-
ployed by the Company constitute an appropriate unit. The record,
however, insufficiently defines the functions of the individuals claimed
by the United. We believe that the welding unit should be re-
stricted to employees who devote the major portion of their work-
ing time to welding.
We accordingly find that all employees of the Company, more
than 50 per cent of whose working time is spent in oxy-acetylene,
oxy-hydrogen and electric are welding, in gas torch cutting and in
the work of welders' helpers, excluding those with authority to hire
and discharge, constitute a unit appropriate for the purposes of col-
lective bargaining, and that said unit will insure to such employees
of the Company the. full benefit of their right, to self-organization
and to collective bargaining and otherwise effectuate the policies
of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
• The United claimed as members almost all of those in the pro-
posed unit, but offered no satisfactory proof of such membership.
Under the circumstances, the question concerning representation
which has arisen must be resolved in an election by secret ballot.
At the hearing all parties stipulated that the pay roll of June 9,
1939, might be used as a basis for determining eligibility of those
employees entitled to vote in the event of an election. This was the
last pay roll previous to the strike. We shall accordingly direct that
employees within the appropriate unit during the pay-roll period
ending June 9, 1939, including such employees who did not work
during such pay-roll period because they were ill or on vacation
or were then or have since been temporarily laid off, but excluding
816 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
any who have since quit or have been discharged for cause, shall be
eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Ryan Aeronautical Co., San Diego, Cali-
fornia, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All employees of the Company, more than 50 per cent of whose
working time is spent in oxy-acetylene, oxy-hydrogen and electric
are welding, in gas torch cutting and in the work of welders'
helpers, excluding those with authority to hire and discharge, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (a) of the National Labor Relations
Act.
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, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Ryan
Aeronautical Co., an election by secret ballot shall be conducted
within fifteen (15) days from the date of this Direction, under the
direction and supervision 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 of the Company, more than
50 per cent of whose working time is spent in oxy-acetylene, oxy-
hydrogen and electric are welding, in gas torch cutting and in
the work of welders' helpers, who were employed by the Company
during the pay-roll period ending June 9, 1939, including such of
those employees who did not work during such pay-roll period because
they were ill or on vacation or who were then or have since been
temporarily laid off, but excluding such of those employees having
the right to hire and discharge or who have since lquit or been dis-
charged for cause, to determine whether or not they desire to be
represented by United Aircraft Welders of ^ America, Ind., for the
purposes of collective bargaining.