Textron, Inc.Download PDFNational Labor Relations Board - Board DecisionsMay 25, 1971190 N.L.R.B. 509 (N.L.R.B. 1971) Copy Citation BELL AEROSPACE CO Bell Aerospace Company, ' Division of Textron, Inc. and International Association of Machinists and Aerospace Workers AFL-CIO, Petitioner and In- ternational Union , United Automobile , Aerospace and Agricultural Implement Workers of America, UAW, Petitioner. Cases 15-RC-4535 and 15-RC- 4548 May 25, 1971 DECISION AND DIRECTION OF ELECTION BY CHAIRMAN MILLER AND MEMBERS BROWN AND JENKINS Upon petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Adrian W. Schwing, Jr. The Hearing Officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Following the hearing, these cases were transferred to the National Labor Relations Board in Washington, D.C., pursuant to Section 102.67 of the National Labor Relations Board Rules and Regulations and Statements of Procedure, Series 8, as amended. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its powers in connection with these cases to a three-member panel. Upon the entire record in these cases, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act, and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The labor organizations involved claim to repre- sent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Sections 9(c)(1) and 2(6) and (7) of the Act. 4. We find, in accord with the agreement of the par- ties, as amended at the hearing, that the following em- ployees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the ' The petitions and other formal papers were amended to reflect the correct name of the Employer 509 meaning of Section 9(b) of the Act: All production and maintenance employees, including leadermen, at the Employer's plant located in Michoud, Louisiana, ex- cluding office clerical employees, professional em- ployees, technical employees, guards, watchmen, and supervisors within the meaning of the Act. 5. The Employer moves to dismiss the petitions be- cause of an expanding unit. At the time of the hearing, January 21, 1971, there were approximately 76 em- ployees in the above-described unit. Upon delivery of a ship's hull, to be used in the building of a surface effect vessel at the Employer's Michoud facility, the Employer projected a need to hire an additional 172 employees to outfit the craft. Thus, the record shows that there were outstanding 172 open requisitions to be filled between March 1 and April 18, 1971. Thereafter, much smaller increases in the total work force are an- ticipated.' Also, at the time of the hearing, employees were working in 25 of the 59 planned job classifications and, according to the Employer's projections, virtually all of the remaining 34 job classifications are filled at the present time. From the above it appears that the plant is now substantially operational in all phases. In these circumstances, we find that the Employer's work force constitutes a substantial and representative seg- ment of the ultimate complement of employees. In these circumstances the petitions herein were not prematurely filed.3 Accordingly, we deny the motion to dismiss, and we shall direct an immediate election.' (Direction of Election 5 omitted from publication.] An eventual employment peak of approximately 271 employees is ex- pected in June 1971 See Endicott Johnson De Puerto Rico, Inc, 172 NLRB No 194, Gen- era! Cable Corporation, 173 NLRB No 42 As the size of the present unit substantially exceeds that initially peti- tioned for, the election we direct is conditioned upon an adequate showing of interest among those now eligible In order to assure that all eligible voters may have the opportunity to be informed of the issues in the exercise of their statutory right to vote, all parties to the election should have access to a list of voters and their ad- dresses which may be used to communicate with them Excelsior Underwear Inc, 156 NLRB 1236, NLRB v Wyman-Gordon Co, 394 U S 759 Accordingly, it is hereby directed that an election eligibility list, containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 15 within 7 days of the date of this Decision and Direction of Election The Regional Director shall make the list available to all parties to the election No extension of time to file this list shall be granted by the Regional Director except in extraordi- nary circumstances Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed 190 NLRB No. 91 Copy with citationCopy as parenthetical citation