39 N.L.R.B. 54 (N.L.R.B. 1942)

United Aircraft Corp.

National Labor Relations Board - Board DecisionsFeb 20, 1942

39 N.L.R.B. 54 (N.L.R.B. 1942)

In the Matter of UNITED AIRCRAFT CORPORATION (VOUGHT-SIKORSKY, DIVISION) and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIR- CRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA-CIO Case No: R-3519.-Decided February 20,.1942 Investigation and Certification of Representatives : stipulation for certification upon consent election. Mrs. Elinore M. Herrick, for the Board. Mr. C'. J. McCarthy, of Stratford, Conn., for the Company. Mr. S. L. Newman, of Stratford, Conn., for the I. A. M. Mr. Leon Houser, of Stratford, Conn., and Leider, Witt d Cam.- mer, of New York City, and Mr. Charles H. Kerrigan, of New York City, for the United. Mr. Ralph S. Clifford, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On January 7, 1942, International Union, United Automobile, Aircraft and Agricultural Implement Workers of America-CIO, herein called the United, filed with the Regional Director for the Second Region (New York, New York), a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of United Aircraft Corporation (Vought-Sikorsky Division), Stratford, Connecticut, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 15, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, 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 Jan- uary 8, 1942, the Company, the United, and the International Asso- 39 N. L. R. B., No. 12. 54 r UNITED AIRCRAFT CORPORATION 55 ciation of Machinists, Lodge No. 763, A. F. of L., herein called the I. A. M., and t11e Regional Director entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." Pursuant to the stipulation an election by secret ballot was con- ducted on January 28, 1942, under the direction and supervision of the Regional Director, among all production and maintenance em- ployees; timekeepers; shop, tool, crib, and stockroom clerks; and dis- patchers; excluding executives, general foremen, assistant general 'foremen, foremen and employees who spend a major portion of their time in supervision and leadmen who have 12 or more employees under their supervision, and plant-protection employees, trainees and students, inspectors, pay-roll 'and engineering-department employees and main office and production office clerical employees, to determine whether or not they desire to be represented by the United or the I. A. M. for the purposes of collective bargaining. On January 29, 1942, the Regional Director issued and duly served upon the parties his Election Report on the ballot. No objections to the conduct of the ballot or the Election Report has been filed by any of the parties. As to the balloting and its result, the Regional Director reported as follows : ' Total on eligibility list------------------------------------ 4, 264 Total ballots cast----------------------------------------- 3,966 Total ballots challenged---------------------------------- 19 Total blank ballots--------------------------------------- 8 ,Total void ballots----------------------------------------- 7 Total valid votes counted--------------------------------- 3,932 Votes cast for International Union, United Automobile, Air- craft and Agricultural Implement Workers of America- CIO --------------------------------------------------- 2,241 Votes cast for International Association of Machinists, Lodge No. 763, A. F. of L-------------------------------------- 290 Votes cast for neither union------------------------------- 1,401 Upon the basis of the stipulation, the Election Report, and the -entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of United Aircraft Corporation (Vought- Sikorsky Division), Stratford, Connecticut, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees; timekeepers; shop, tool, crib, and stockroom clerks; and dispatchers; excluding execu- 56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tives, general foremen, assistant general foremen, foremen and em- ployees who spend a major portion of their time in supervision, leadmen who have 12 or more employees under their supervision, and plant production employees, trainees and students, inspectors, pay- roll and engineering-department employees, and main office and pro- duction office clerical employees, constitute a unit appropriate for the purposes of collective bargaining, within the mean of Section 9 (b) of the National Labor Relations Act. 3. International Union, United Automobile, Aircraft and Agricul- tural Implement Workers,of America-CIO, has been designated and selected by a majority of all the employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive representative of all employees in said unit, within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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, IT IS HEREBY CERTIFIED that International Union, United Automo- bile, Aircraft and Agricultural Implement Workers of America-CIO, has been designated and selected by a majority of all production and maintenance employees; timekeepers; shop, tool, crib, and stockroom clerks; and dispatchers; excluding executives, general foremen, assist- ant general foremen, foremen and employees who spend a major por--'- tion of their time in supervision, and leadmen who have 12 or more employees under their supervision, and plant-protection employees, trainees and students, inspectors, pay-roll and engineering-depart- ment employees and main office and production - office clerical em- ployees, as their representative for the purposes of collective bargain- ing, and that pursuant to the provisions of Section 9 (a) of the Act, International Union, United Automobile, Aircraft and Agricultural Implement Workers of America-CIO, is the exclusive representative of all such employees for the purposes of collective bargaining in re- spect to rates of pay, wages, hours of employment and other condi- tions of employment.