Textron, Inc.

National Labor Relations Board - Board Decisions

May 25, 1971

190 N.L.R.B. 509 (N.L.R.B. 1971)

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