The Aviation Corp.

National Labor Relations Board - Board Decisions

Mar 12, 1941

30 N.L.R.B. 269 (N.L.R.B. 1941)

In the Matter of REPUBLIC AIRCRAFT PRODUCTS DIVISION-THE
AVIATION CORPORATION and INTERNATIONAL UNION, UNITED
AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE, CON-
GRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-2359.-Decided March 12, 1941
Jurisdiction : airplane parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union exclusive recognition until certified by. the Board ;
election necessary.
Unit Appropriate for Collective Bargaining : all hourly, piece-work, and salaried
production, tool* and die, shipping and receiving room, and maintenance
employees, boiler-operator workers, cafeteria workers, timekeepers in pro-
duction plant, truckers, and bond-room employees, excluding executive and
office help, foremen, supervisors, engineering and planning staff, employment
staff, production follow-up staff, part-time watchmen, watchmen engaged
exclusively in watchmen's duties, and time-study employees.
Mr. John J. Grealis, of Chicago, Ill., and Mr, Ward H. Peck, of
Detriot, Mich., for the Company.
Mr. Maurice Sugar and Mr. Jack N. Tucker, of Detriot, Mich., for
the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 30, 1941, International Union, United Automobile
Workers of -America, affiliated with the Congress. of Industrial Or-
ganizations, herein called the Union, filed with the Regional direc-
tor for the Seventh Region (Detroit, Michigan) a petition alleging
that a question affecting commerce had arisen concerning the rep-
resentation of employees of Republic Aircraft Products Division-
The Aviation Corporation,) Detroit, Michigan, herein called the
Company, and requesting an investigation and certification of rep-
1 Incorrectly designated in the formal papers as Republic Aircraft Products Corporation.
This was corrected by motion at the hearing
30 N. L. R. B., No. 40.
269
270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
resentatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On February 24;.
1941, 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 2, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On February 24, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon 'the Company and
the Union. Pursuant to notice, a hearing was held on February 28,.
1941, at Detroit, Michigan, before Oscar Grossman, the Trial Exami-
ner duly designated by the Chief Trial Examiner. The Company
and the Union were represented by counsel and 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 granted a motion of the Union to amend its
petition to include additional employees. During the course of the
hearing, the Trial Examiner made several rulings on other motions
and on objections to the admission of evidence. The Board has
reviewed all the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a Delaware corporation operating.,.a, plant at
Detroit, Michigan, where it^ is engaged in 'the manufacture, sale, and
distribution of precision parts for, airplane motors and propellers.
From August 1, 1940, to February 27, 1941, the Company pur-
chased raw materials valued in excess of $100,000, more than 50r
per cent of -which was shipped, to it from points outside the State
of Michigan. During the same period, the Company sold finished
products valued in excess of $100,000, more than 50 per cent of which
represented goods sold by it to points outside the State of Michigan.
The Company admits that it is engaged in interstate commerce
within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile Workers of America, is'
a labor organization affiliated with the Congress of Industrial Or-
ganizations. It admits to membership employees of the Company.
REPUBLIC AIRCRAFT PRODUCTS DIVISION 271
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant exclusive recognition to the
Union as the representative of a majority of its employees, until
such time as it is certified by the Board as such representative of
the employees in an appropriate unit. A statement of a field ex-
aminer of the,Board introduced in evidence at the hearing shows that
the Union represents a substantial number of employees in the unit
alleged by it to be appropriate.'
We find that a question has arisen concerning the 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 Union urges that all hourly, piece-work, and salaried pro-
duction, tool and die, shipping and receiving room, and maintenance
employees, part-time watchmen, boiler-operator workers, cafeteria
workers, timekeepers in the production plant, truckers, and bond-
room employees at the Federal Street and York Street plants of
the Company, excluding executive and office help, foremen, super-
visors, engineering and planning staff, employment staff, production
follow-up staff, watchmen engaged exclusively in watchmen's duties,
and time-study employees, constitute an appropriate bargaining unit.
The only dispute concerns the part-time watchmen, timekeepers,
truckers, bond-room employees and cafeteria workers. The, Union
urges the inclusion of all these employees in the unit and the
Company their exclusion.
The Company employs four employees classified by it as part-
time watchmen. These employees, in addition to their duties as
watchmen, tend the Company's boilers. A representative of the
Company testified that the primary function of these employees
is that of watchmen,and that considerably less than 50 per cent
'The field examiner ' s statement shows that 233 employees those names appear on the
Company ' s pay roll of Januaiy 31, 1941, have signed membership application cards in the
Union . All of the cards are dated 'after October 1, 1940 There are approximately 425
employees on the January 31, 1941 , pay roll
272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of their time is spent in tending the boilers. These employees are
paid the same rate as the full-time watchmen. The Company and
the Union agreed that the four full-time watchmen should be ex-
cluded. Under these circumstances, we find that the part-time watch-
men should be excluded from the unit.
The Company employs six employees classified by it as truckers.
These employees transport semi-manufactured products from the
Company's bond room to the various manufacturing operations and
upon completion of a specific operation, return the products to the
bond room. In addition to their trucking duties, these employees
are obliged to sign a work ticket which accompanies the semi-
manufactured goods and to enter the number of pieces completed.
These employees are paid on an hourly basis and also transport
the Company's finished products from the inspection room to the
shipping department. , The Company contends that they should be
excluded from the bargaining unit because their duties are to keep
an accurate account of the work performed by the piece workers in
the plant so that the Company can determine the amount of com-
pensation to be paid to the piece-rate workers. A representative of
the Union testified that all of the truckers are members of the Union.
We find that the truckers should be included-in the unit.
The Company employs four employees classified by it- as bond-
room employees. The bond room' is centrally located in the plant
and all semi-manufactured products are kept in this zoom between
production processes.' The employees in this room are charged with
the flow of the semi-manufactured products and keep a written
account thereof. The Company contends that these employees, like
the truckers, are responsible for the amount of compensation paid
to the piece-rate employees and should be excluded for that reason.
We find that the bond-room employees should be included in the
unit.
The Company employs two timekeepers. These employees "clock"
the other employees when they start a particular job and "clock
them out" when that job is finished. The Company stated that it
desired these employees excluded from the unit for the same reasons
that it desires the bond-room employees and the truckers to be
excluded. A representative of the Union testified that one of the
timekeepers is a member of the Union. We find that the time-
keepers should be included in the unit.
The Company maintains a cafeteria which is located in its plant
for the convenience of its employees. 'In the operation of the cafe-
teria, the Company employs seven employees. The Company con-
tends that they should be excluded from the unit because they are
not engaged in production or maintenance work. The Union claims
REPUBLIC AIRCRAFT PRODUCTS DIVISION 273
to represent a majority of the cafeteria employees and in: view of the
fact that the only union , involved herein desires their inclusion,
we find that they should be included in the unit.
We find that all hourly, piece-work, and salaried production,
tool and die, shipping and receiving room, and maintenance, em-
ployees, boiler -operator workers, cafeteria workers , timekeepers in
the production plant, truckers , and bond-room employees at the
Federal Street and York Street plants of the Company, excluding
executive and office help, foremen , supervisors , engineering and plan-
ning staff, employment staff, production follow-up staff, part-time
watchmen, watchmen engaged exclusively in watchmen's duties, and
time-study employees, constitute a unit appropriate for the purposes
of collective bargaining and that said unit will insure to' 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
We find that the- question concerning representation which has
arisen can best be resolved by an election by secret ballot. The
Company stated that in the event the Board directed an election,
it desired that its pay roll of January 31, 1941, which it presented
to the Regional Director, be used to determine eligibility, to vote.
The Union stated that it desired that the pay roll for the period
immediately preceding the date of the Direction of Election be
used to determine eligibility , inasmuch as new employees have been
hired by the Company since January 31, 1941'. In accordance with
our usual practice, we shall direct that the employees eligible to vote
shall be those employees in the appropriate unit who were employed
during the pay-roll period immediately preceding the date of the
Direction . of Election herein, with the inclusions and exclusions
stated in our Direction hereinafter.
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 rep-
resentation of employees of Republic Aircraft Products Division-
The Aviation Corporation, Detroit, Michigan, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All hourly, piece-work, and salaried production, tool and die,
shippin and receiving room, and maintenance employees, boiler-
274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
operator workers, cafeteria workers, timekeepers in production plant,
truckers, and bond-room employees at the Federal Street and York
Street plants of the Company, excluding executive and office help,
foremen, supervisors, engineering and planning staff, employment
staff, production follow-up staff, part-time watchmen, watchmen en-
gaged exclusively, in watchmen's duties, and time-study employees,
constitute a unit appropriate for the purposes of,collectiye bargain-
ing within the meaning of Section 9 (b) 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
Relations Act, 49 Stat. 449, and pursuant to Article III, Section
8, of National Labor Relations Board Rules and Regulations-
Series 2, as amended it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with Republic Aircraft Products Division-The Aviation
Corporation, Detriot, Michigan, 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 Seventh Region, acting in this
matter as agent for the National Labor Relations Board and sub-
ject to Article III, Section 9, of said Rules and Regulations, among
all hourly, piece-work, and salaried production, tool and die, ship-
ping and receiving room, and maintenance employees, boiler-opera-
tor workers, cafeteria workers, timekeepers in production plant,
truckers, and bond-room employees at the Federal Street and York
Street plants of the Company who were employed during the pay-
roll period immediately preceding the date of this Direction, in-
cluding employees who did not work during such pay-roll period
because they were ill or on vacation or absent because called for
military service and employees who were then or have since been
temporarily laid off, but excluding executive and office help, foremen,
supervisors, engineering and planning staff, employment 'staff, pro-
duction follow-up staff, part-time watchmen, watchmen engaged
exclusively in watchmen's duties, time-study employees, and em-
ployees who have since quit or been, discharged for cause, to deter-
mine whether or not they desire to be represented by International
Union, United Automobile Workers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.
REPUBLIC AIRCR AFT PRODUCTS DIVISION 2175
[SAME TITLE]
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
April 9, 1941
On March 12 ,' 1941 , the National Labor Relations board, herein
called the Board, issued a Decision and Direction of Election in
the above -entitled proceeding . Pursuant to the Direction of Elec-
tion, r an election by secret ballot `yas conducted on March 19, 1941,
under the direction and supervision of the Regional Director for
the Seventh Region (Detroit, Michigan ). On March 21 , 1941, 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 an Election
Report on the ballot . No objections to the conduct of the ballot
or the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows:
Total on eligibility list_____________________________________ 412
Total ballots cast__________________________________________ 397
Total ballots challenged____________________________________ 5
Total blank ballots_________________________________________ 1
Total void ballots__________________________________________ 0
Total valid votes cast_______________________________________ 391
Votes cast for International Union, United Automobile
Workers of America, affiliated with the C. I. O----------- 297
Votes cast against International Union, United Automobile
Workers of America, affiliated with the C. I. O____________ 94
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, 49 Stat. 449, and pursuant 'to Article III, Sections
8 and 9,' of National Labox Relations Board Rules and Regula
tions-Series 2, as amended,
IT IS HEREBY CERTIFIED that International Union, United Auto-
mobile Workers of America, affiliated with the Congress of Indus-
trial Organizations, has been designated and selected by a majority
of all hourly, piece-work, and salaried production, tool and die,
shipping and receiving room, and maintenance employees, boiler-
'On March 11, 1941, all of the parties involved herein signed a Stipulation for Cori ec-
tion of Record It is hereby ordered that the said stipulation be, and it hereby is, made
a part of the record in the above-entitled case On March 31, 1941. the Board received
Objections to the Decision and Direction of Election filed by the Company The Board
has duly considered the Objections and finds them to be-without merit They are hereby
overruled
440135-42-Vol 30-19
276, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
operator workers, cafeteria workers, timekeepers in 'p'roduction
plant, truckers, and bond-room employees at the Federal Street
and York Street plants of Republic Aircraft Products Division-
The Aviation Corporation, Detroit, Michigan, excluding executive
and office help, foremen, supervisors, engineering and planning
staff, employment staff, production follow-up staff, part-time watch-
men, watchmen engaged exclusively in watchmen's duties, and
time-study employees, as, their representative for, the purposes, of
collective'bargaining, and that, pursuant to Section 9 (a)- of the
Act, International Union, United Automobile Workers of America,
affiliated with the Congress of Industrial .Organizations ,is the ex-
elusive 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.
n
,•r
30 N. L. R. B., No. 40a.