Simmonds Aerocessories, Inc.

National Labor Relations Board - Board Decisions

Aug 26, 1942

43 N.L.R.B. 689 (N.L.R.B. 1942)

In the • Matter of SIMMONDS AEROCESSORIES, INC. and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, C. I. 0., LOCAL 698
In the Matter of SIMMONDS AEROCESSORIES, INC. and METROPOLITAN
CHAPTER 31, FEDERATION OF.,ARCHITECTS, ENGINEERS, CHEMISTS &
TECHNICIANS-C. I. O.
In the Matter of SIMMONDS AEROCESSORIES, INC. and AEROCESSORIES
INDEPENDENT ASSOCIATION
0
Cases'Nos. R-3846,1R-3847, and R-3848, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
August 26,1942
On July 8, 1942, the National Labor Relations Board issued a
Decision and Direction of Elections in the above-entitled proceeding.'-
Pursuant to the Direction of Elections, elections by secret%allot were
conducted on July 24, 1942, under the direction and supervision of the
Regional Director for the Second Region- (New York • City). On
July 27, 1942, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regulations-
Series 2, as, amended, issued and, duly served upon the parties her
Election Report.
As to the balloting and the-results thereof, the Regional Director
reported,as follows :
1. Production and maintenance'employees'
Total on eligibility list__________________________"__________ 148
Total ballots. cast_________________________________________ 131
Total ballots challenged__----------------------------- 8
Total blank ballots ------------- ------------------- 0
Total void ballots -------------------------- 0,
Total valid votes counted__________________123
Votes cast for Aerocessories Independent Association-------- - 50
Votes cast for International Union, United Automobile,, Air-
craft & Agricultural Implement Workers, of, America, Local
698, and Metropolitan Chapter 31, Federation of Architects,
Engineers, Chemists & Technicians, affiliated with the Con,-
gress of Industrial Organizations ____----------------------- 67
Votes cast for neither" union______________________________ . 6
42 N L R B. 179.
43 N. L. R. B., No. 106.
481039-42-vol 43-44 689
690 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Clerical employees I
Total on eligibility list___________________ _________________ 56
Total ballots cast__________________________________________ 53
Total ballots challenged__________'________________________ - 1
Total blank ballots________________________________________ 1
Total void ballots----------------------------------------- 0
Total valid votes counted________________________ __________ '51
Total votes cast for Aerocessories Independent Association__ 49
Total votes cast against Aerocessories Independent Association 2
Since the number of challenged ballots cannot affect the results
of the elections, the Regional Director made no ruling on them. We
find it unnecessary, to make • any determination'' with respect to the-
Ihallenged ballots.
On August 3 and 6, 1942, respectively; Simmonds Aerocessories,
Inc., herein called the Company, and Aerocessories Independent As-
sociation, herein called the Independent, filed with the Regional
Director Objections to the Election Report. On August 11, 1942,
the Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, issued and duly, served upon the parties her Report
on Objections. On August 17, 1942, the Company filed with the
Board Objections to Regional Director's Report. The Independent
contends that the election was unfair because the challenged' ballots
were not counted and not all employees who were eligible to vote
participated in the election. As previously indicated, the number of
challenged ballots could not affect the outcome of the election; the
objections of the-Independent are accordingly overruled. The Com-
pany urges the Board not to certify the C. I. O. for the reason that
a- number of employees have repudiated their vote subsequent to
the election and have indicated that they do not now' desire to be
represented by -either the Independent or, the C. I. O. ' The Com-
pany's objections are hereby overruled - since the ' results of a free',
secret ballot election must normally,,.be; given conclusive, effect, for a
reasonable period if the statutory scheme for the ascertainment of,
representatives, and for the effectuation of collective 'bargaining
is to be operative.2 The Company's request for oral argument, and
an opportunity to file briefs is hereby, denied. '
In the Decision and Direction of Elections previously referred
to, the Board made•no•final determination with regard to the appro-
priate unit. The Board there stated :
If the employees voting in. the two elections select the same
representative,, they will, constitute, a single appropriate unit.
If they choose different representatives, they will constitute two
separate and distinct appropriate units.
0
2 See Matter of Dorset Foods Ltd. and Wholesale and Warehouse Workers Union, Local
65, C. 1 0, at al., 43 N. L. It. B. 390. ,
SIMMONDS AEROCESS0RIE'S,' IINC. 691
SUPPLEMENTAL FINDINGS OF FACT
We find, that each of the groups of employees for which we herein-
after certify exclusive bargaining representatives constitutes a unit
appropriate for the purposes of collective bargaining within the
meaning -of. Section 9 (b) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the' power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
-lations Act, 49 Stat. 449, and pursuant to Article` III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS HEREBY CERTIFIED that International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America, Local
698, and Metropolitan Chapter 31, Federation of Architects, Engi-
neers, Chemists & Technicians, affiliated with the Congress of Indus-
trial Organizations, has been designated- and selected by a majority
of all, production, maintenance, drafting, and designing employees,
including tool, die, and jig fixture makers, shipping and receiving
employees, tool crib employees, and test operators, but excluding
executives and supervisory employees; employed at the Long Island
City' and Hunters Point plants of Simmonds Aerocessories, Inc.,
New York City, as their representative for the purposes'of collective
bargaining, and ' that, pursuant to the provisions of Section 9 (a)
of the 'Act, International' Union, United Automobile, Aircraft &
Agricultural Implement ' Workers of America, Local 698, and Metro-
politan Chapter 31, Federation of Architects, Engineers, Chemists
& Technicians, affiliated 'with the Congress of Industrial Organiza-
tions, is the exclusive representative of all such employees for the
purposes'.of collective =bargaining -in respect to rates of pay, wages,
hours of employment, and other conditions of employment; and '
IT IS FURTHER CERTIFIED 'that Aerocessories Independent Associa-
tion has been designated and selected by a majority of all purchas-
ing, accounting, personnel, production planning, general clerical and
stenographic, - supply receiving, and stock control employees and
guards, excluding executives and supervisory employees, employed at
the New York City office, Hunters Point plant, and Long Island City
plant of Simmonds' Aerocessories, Inc., New York City, ' as their
representative for the purposes 'of collective' bargaining, and that,
pursuantAo the .provisions of, Section 9 (a) of theAct, Aerocessories
Independent Association is' the exclusive 'representative of all such
employees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of employ-
ment.