Solar Aircraft Co.

National Labor Relations Board - Board Decisions

Apr 23, 1943

49 N.L.R.B. 46 (N.L.R.B. 1943)

In the Matter of SOLAR AIRCRAFT Co. and INTERNATIONAL ASSOCIATION
OF MACHINISTS, AERONAUTICAL LODGE 685, A. F. of L.
Case No. R-5133.-Decided April X3,1943
Mr. Clifton A. Hix, of San Pedro, Calif., Mr. Roy M. Brown, of South
Gate, Calif., Mr. L. E., Poesnecker, and Mr. Harry H. Park, of San
Diego, Calif., for the I. A. M.
Mr. Burton D. Wood, Mr. Ralph W. Wallace and Mr. Edward TV.
Craft, of San Diego, Calif., for the Association.
Mr. Milton S. Tyre, and Mr. William. P. Goodman, of Los Angeles,
Calif., for the U. A. W.-C. I.-O.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND -
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by International
Association of Machinists, Aeronautical Lodge 685, A. F. of L., herein
called the I. A. M., alleging that a question affecting commerce had
arisen concerning the representation of employees of Solar Aircraft
Co., San Diego, California, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Daniel J. Harrington, Trial Examiner. Said hearing
was held at San Diego, California, on April 1, 1943. At the commence-
ment of the hearing the Trial Examiner granted a motion of Inter-
national Union, United Automobile, Aircraft & Agricultural Imple-
ment Workers of America, herein called the U. A. W.-C. I. 0., to
intervene. The I. A. M., the U. A. W.-C. I. 0., and Solar Employees
Association, herein called the Association, appeared at and participated
in the hearing, and all parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues.' The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
' The Company did not enter a formal appearance at the hearing but participated
through one of its representatives.
49 N. L. R. B., No. 7.
46
SOLAR AIRCRAFT CO. 47
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Solar Aircraft Company, is a California corporation with its prin-
cipal place of business at San Diego, where it is engaged in the manu-
facture of exhaust manifolds, cowls, and sundry parts for aircraft.
The Company purchases raw materials valued in excess of $215,000
annually, approximately 95 percent of which is shipped to it from
points outside the State of California., and manufactures finished prod-
ucts valued in excess of $715,000 annually , approximately 85 percent
of which is shipped to points outside the State of California. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Association of Machinists, Aeronautical Lodge 685, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
Solar Employees Association is an unaffiliated labor organization,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 18, 1943, the I. A. M., claiming to represent a majority
of the Company's employees, requested the Company to recognize it as
the exclusive representative of such employees. The Company refused
this request on the ground that it was operating under a contract with
the Association.
On March 31, 1942, the Company and the Association entered into an
exclusive bargaining contract 2 The contract provides that it shall
remain in full force and 'effect until 90 days after the Armistice in the
present war. Inasmuch as the contract has been in effect for over a
9 The I . A. M contended at the hearing that the Association was no longer in existence
and that the Association had assigned its property to the I. A! M . The Association appeared
at the hearing by separate counsel, presented authorization cards to the Trial Examiner
showing that 356 employees of the Company had designated the Association as their
bargaining representative since the alleged dissolution , and evidence -introduced at the
hearing shows that no steps had ever been taken to legally dissolve the Association. We
find that the Association is still in existence for the purposes of this case.
i
48 DECISIONS OF. NATION'AL LABOR 'RELATIONS BOARD
period of 1 year, and inasmuch as it is for an indefinite period of time,
we find that it does not constitute a bar to a determination of repre-
sentatives at this time.
A statement of an agent of the Board, introduced into evidence at the
hearing, indicates that the I. A. M. represents a substantial number of
employees in the unit hereinafter found to' be appropriate.g
- 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 I. A. M. contends that all-production, maintenance, spot welding
machine operators, tool design employees, timekeepers, direct and in-
direct stores employees, inspection and shipping department em-
ployees, and production planning department employees at the San
Diego and National City plants of the Company, including regular
part time employees, but excluding office, clerical, inspection, and ship-
ping employees, dispatch clerks, plant guards, research and engineer-
ing department employees, supervisory employees having the authority
to hire and discharge, and welders who are engaged more than 50
percent of their time as oxy-acetylene, oxy-hydrogen, electrical are
welders employed to do fusion welding, gas torch cutters, helpers, and
apprentice welders, constitute a unit appropriate for the purposes of
collective bargaining. The only controversy with respect to the unit
concerns regular part time employees.
The Company employs approximately 70 persons classified by it as
regular part time employees. The record indicates that such em-
ployees work 4 hours each day and full time on Saturday. Such em-
ployees are considered permanent by the Company and perform the
same type of work as employees admittedly in the unit. The U. A. W.-
C. I. 0. requests that they be excluded from the unit and the I. A. M.
and the Association that they be included. The Company took no
position with respect to these employees. We find that all regular
part time employees should be included in the unit.
We find that all production, maintenance, spot welding machine oper-
ators, tool design employees, timekeepers, direct and indirect stores
employees, inspection and shipping department employees, and pro=
duction planning department employees at the San Diego and National
8 The Board agent reported that the I A. M. presented 1,523 authorization cards bearing
apparently genuine signatures of persons alleged to be employees of the Company. No
check was made of these -cards against a pay roll because of the Company 's failure to,
submit one. The Trial Examiner reported that the Association presented 356 authorization
cards beating apparently genuine' signatures of persons alleged to be employees of the
Company , and that the U A w.-C I. 0. presented 62 authorization cards bearing appar-
ently genuine signatures of persons alleged to be employees of the Company . There are
approximately 1,700 employees in the appropriate unit.
SOLAR AIRCRAFT CO. 49
City plants of the Company, including regular part time employees,
but excluding office clerical, inspection, and shipping employees, dis-
patch clerks, plant guards, research and engineering department em-
ployees, supervisory employees having the authority to hire and dis-
charge, and welders who are engaged more than 50 percent of their
time working as oxy-acetylene, oxy-hydrogen, electrical arc welders
employed to do fusion welding, gas torch cutters, helpers, and appren
tice welders, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall .direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees 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 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 Relations Act,
and pursuant to Article III, Section, 9, of the 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 Solar Aircraft Co.,
San Diego, 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 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 10, 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 temporarily laid
off, and including employees in the armed forces of the United States
who present themselves in person at the polls, but excluding any who
have since quit or been discharged for, cause, to determine whether
they desire to be represented by International Association of Machin-
ists; Aeronautical Lodge 685, A. F. of L., by International Union,
United Automobile Aircraft & Agricultural Implement Workers of
America, affiliated with the Congress of Industrial Organizations, or
by Solar Employees Association, for the purposes of collective bar-
gaining, or by none of said organizations.