The Aviation Corp.

National Labor Relations Board - Board Decisions

Feb 22, 1943

47 N.L.R.B. 892 (N.L.R.B. 1943)

In the Matter of REPUBLIC AIRCRAFT PRODUCTS DIvIsIoN-THE AVIA-
TION CORPORATION and AMALGAMATED PLANT PROTECTION LOCAL 114,
U. A. W.-C. I. O.
In the Matter of REPUBLIC AIRCRAFT PRODUCTS DIVISION-THE AVIA-
TION CORPORATION and AMALGAMATED PLANT PROTECTION LOCAL 114,
U. A. W.-C. I. O.
Cases Nos. R-4841 and R-4842, respectively.-Decided February 22,.
1943
Jurisdiction : aircraft parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: recog-
nition refused on ground that plant protection employees did not comprise
appropriate bargaining units under the circumstances ; election necessary.
Units Appropriate for Collective Bargaining : separate units held appropriate for
(1) all plant protection employees at Federal Avenue plant, excluding chief
of, plant protection and confidential clerks, and (2) all plant protection em-
ployees at York Street plant, excluding chief of plant protection and confi-
dential clerks.
Mr. Maurice Sugar and Mr. Ernest Goodman, of Detroit, Mich., for
the Union.
Mr. William C. Baisinger; Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions and amended petitions duly filed by Amalgamated
Plant Protection Local 114, U . A. W.-C. I. 0., herein called the Union,
alleging that questions affecting commerce had arisen concerning the
representation of employees of Republic Aircraft Products Division-
The Aviation Corporation , Detroit, Michigan , herein called the Com-
pany, at the Company 's plants located at 5914 Federal Avenue and
441 York Street, Detroit , Michigan , herein respectively called the
Federal Avenue and York Street plants, the National Labor Relations
Board provided for an appropriate hearing upon dues notice before
Robert J . Wiener, Trial Examiner . Said hearing was held at Detroit,
47 N. L . R. B., No. 114.
892 -
REP-U'BLIC AIRCRAFT -PRODUCTS DIVISION 893
Michigan, on February 5, 1943. The Union appeared' and partici=
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce, evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.'
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Republic Aircraft Products Division-The Aviation Corporation,
is a Delaware corporation operating plants located at 5914 Federal
Avenue and 441 York Street, Detroit, Michigan, where it is engaged
in the manufacture, sale , and distribution of precision parts for air-
plane motors and propellers. From August 1, 1940, to February 27,
1941, the Company purchased raw materials valued in excess of
$100,000, more than 50 percent of which was shipped to its Detroit
plants 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 percent of which was shipped from its Detroit
plants to points outside the State of Michigan.2
H. THE ORGANIZATION , INVOLVED
Amalgamated Plant Protection Local 114 , U. A. W.-C. I. 0., is a
labor organization , affiliated with the Congress of Industrial Organ-
izations , admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
Early in December 1942 , the Union advised ' the Company that it
represented a majority of the Company 's plant protection employees
in each of the two plants herein involved and requested recognition
as the bargaining representative of such employees . By a letter
dated December 21, 1942, the Company refused to grant the requested
recognition , stating that it was of the opinion that the plant protec-
1The Company did not appear at the hearing although- it had been duly notified and the
heating, which was originally scheduled for February 3, 1943, was postponed to February 5,
•.,3943, to accommodate the Company. °'%''^ ' .I,
2
The above stated facts concerning the operations 'of the Company are set forth in
Matter of Republic Aircraft Products Divssion-The Aviation Corporation and International
Union, United Automobile Workers of America, affiliated with the Congress of Industrial
Organizations, 30 N L R B 269 In the cited case, the Company admitted that it was
engaged in commerce within the meaning of the National Labor Relations Act. A letter
dated January 9, 1943, addressed to Howard W Klceb, a Field Examiner of the Board,
and signed by Dir. John L Loell, personnel director of the Company, read into the record
at the hearing, states that the present operations of the Company are sabstantially the
same as set forth in the cited decision and that the Company admits that it is engaged
in commerce within the meaning of the Act
894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion employees at its Federal Avenue and its York Street plants did
not comprise appropriate bargaining units for the reason that they
are confidential employees and civilian auxiliaries of the military
police.
A statement of the Regional Director, introduced in evidence at
the'hearing, indicates that the Union represents a substantial number
of employees in the units hereinafter found appropriate for each of
the plants,herein involved.,
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company at its Federal Avenue
and York Street plants, within the meaning of Section,9 (c) and
Section 2 (6) and (7) of the Act.
IV: T14E.APPR0PRIATE UNITS - -
The Union seeks two separate bargau ing units, one composed, of
all of -the plan protection employees employed, at the Federal Avenue
plant, and the other to consist of all plant protection employees em-
ployed at the York Street plant, excluding in each instance the chief
and confidential clerks. Inasmuch as the Company failed to appear at
the hearing, its position with respect to the appropriateness of the
units sought by the Union can only be inferred from the contents of its
letter to.the Union described in Section III, above. We find the Com-
pany's position as set forth in the letter of December 21, 1942, to be
without merit-for•reasons Ave have heretofore stated in similar cases.4
- The two plants involved in this proceeding are located approxi-
mately 5 miles apart in the.city of Detroit, Michigan. It appears that
there is one chief of plant protection who is in charge of the plant
protection departments at both of the Company's plants. There are
approximately three employees employed in the plant protection de-
partment at the Federal Avenue plant and one at the York Street
plant, classified as confidential clerks, whom the Union desires excluded.
The duties of these employees -are essentially, supervisory in nature.
They work directly ulider, the chief of plant protection, and are respon-
sible for the proper execution of his orders. by the guards and patrol-
men who comprise the remainder of the plant protection force. Inas-
'The Regional Diiector states that 5 of the membership application cards submitted
by the Union bear apparently genuine signatures of persons whose names appear on the
Company's pay roll of December 22, 1942, which contains the names of 14 employees in
the alleged appropriate unit at the Federal Avenue plant; and that 8 of the applications
for membership cards submitted by the Union bear apparently genuine signatures of persons
whose names appear on the Company's pay roll of December 22, 1942 , which pay roll
contains the names of 9 employees in the alleged appropriate unit at the York Street plant.
4 Matter of Chi ysle, Corporation, Highland Park Plant and Local 114, United Automobile,
Aircraft and Agrioultural Implement Workers of America, af liated with the C. I. 0.,
44 N L R L' 881, and subsequent cases
REPUBLIC AIRCRAFT PRODUCTS DIVISION - 895
much as these employees perform supervisory functions, we shall
exclude them from the units hereinafter found appropriate.
Accordingly, we find that-the following employees constitute units
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act :
(1) All plant protection employees at the Federal Avenue plant of
the Company, exchuliiig the chief of plant protection and confidential
clerks.
(2) All plant protection employees at the York Street plant of the
Company, excluding the chief of plant protection and confidential
clerks.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct 'that the questions concei-Wing representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed during the pay-roll
period immediately preceding the date of our Direction of Elections
herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relatioiis Board by Section 9 ( c) 'of the National Labor Relations
Act, and pursuant to Article III, Section 9, of Nationa^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 Republic Aircraft
Products Division-The Aviation Corporation , Detroit, Michigan,
elections 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 subject to Article III, Section 10, of said Rules and Regula-
tions, among the employees in tlib ' units-found appropriate in Section
IV, above, who were employed 'during the pay-roll period immediately
preceding the date of this Direction , including 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 employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Amalgamated Plant Protection Local 114, U. A. W.-C. I. 0., for the
purposes of collective bargaining.