Universal Moulded Products Corp.

National Labor Relations Board - Board Decisions

Dec 17, 1942

46 N.L.R.B. 99 (N.L.R.B. 1942)

In the Matter of UNIVERSAL MOULDED PRODUCTS CORPORATION, BRISTOL
AIRCRAFT DIVISION and INTERNATIONAL ASSOCIATION OF MACHINISTS,
A.. F. oF'L.
Case No. R-4507.-Decided December 17, 1919
Jurisdiction : aircraft parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to accord recognition to petitioner ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including janitors, but excluding all supervisory, clerical, guard,
inspection, engineers , draftsmen, and technical personnel.
Mr. Leonard R. Hall and Mr. Nelson W. Burris, of Bristol, Va.,
for the Company.
Mr. C. C. Cochran, of Bristol, Va., for the Union.
Mr. Joseph E. Gubbins, of counsel to the•Board.
DECISION
AND
.DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of, Machin'
ists, affiliated with the American Federation of Labor, herein called
the Union, alleging ' that a question affecting commerce had arisen
concerning the representation of employees of Universal 'Moulded
Products Corporation, Bristol Aircraft Division, Bristol, Virginia,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Anthony
E. Molina, Trial Examiner. Said hearing was held at Bristol, Vir-
ginia, on November 10, 1942. The Company and the Union ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing upon 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:
46 N. L. R. B., No. 14.
99
100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Universal Moulded Products Corporation, Bristol Aircraft Divi-
sion, is - a Delaware corporation with its principal office and plant
at Bristol, Virginia, where it is engaged in the manufacture of air-
craft bodies and parts. It is a wholly owned subsidiary of the Bristol
Aircraft Products Ltd., a Canadian corporation. During the year
ending June 30, 1942, the Company purchased raw materials, namely,
wood, canvas, paint, rope, and glue, valued at approximately $500,000,
all of which originated in places outside the State of Virginia.
During the same period the Company sold products valued in excess
of,$1,240,000, all of which was shipped to points outside the State`of
Virginia.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, affiliated with the Ameri-
can Federation of Labor, is a labor organization admitting employees
of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
On October 8, 1942, at a conference attended by a representative
of the Union, a representative of the Company, and an agent of
the Board, the Union requested recognition as exclusive bargaining
agent for the employees' of the Company. The Company declined to
recognize the Union unless and until it had been certified by the
Board.
A ,statement `of the Regional Director, introduced in evidence at
the hearing, indicates that the Union "represents a substantial number
of e'naployees in the unit hereinafter, found to,be appropriate.'
We find that a question affecting commerce has arisen concerning-
the representation of-employees of the Company., within the meaning'
of Section,9 (c) and'Secti'oh 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The parties agree that, all production and maintenance employees,.
including janitors, should be included in the bargaining unit. The,
I The Regional Director's statement 'shows that the Union submitted 291 authorization-
for-membership cards,' all of which appear to bear apparently genuine signatures, and
239 of which are the names of persons whose names are on the Company's pay roll for
the period ending October 16, 1942. Since the compilation of the Regional Director's
statement concerning representation, the Union had submitted 55 additional,authorization-
for-membership cards, all of which bear apparently genuine signatures of persons listed
on the Company's pay roll of October 16, 1942. There are approximately 600 employees
in the appropriate unit. -
UNIVERSAL MOULDED PRODUCTS CORPORATION 101
parties further agree that all supervisory employees, should be ex-
cluded. There is a dispute over the following personnel, namely,
clerical, guard, inspection, engineer, draftsman, and technical ; the
Union would exclude all these categories whereas the Company
would include them.
Inasmuch as the work of clerical employees is substantially differ-
ent from that of the production and maintenance employees, in ac-
cordance with our customary, practice, we shall exclude clerical
employees from the unit.
The guard personnel can be divided into two groups; one group
is charged with the duty of plant protection and the other group,
called patrolmen, is charged with the duty of guarding against-fire
hazards. The guards are equipped with uniforms and are furnished
with side arms for the performance of their work. They are sta-
tioned' at the various gates outside the plant, and at designated places
within the plant- for the purpose of protecting the plant from any
damage that might arise from fire or sabotage. They are also
charged with the duty of enforcing the safety rules formulated for
the employees. We shall exclude the guards from the unit.
The Inspection Department is a distinct unit within the Company
and is composed of a chief inspector and approximately 60 inspectors.
Each inspector is assigned permanently to a particular department
but remains under the jurisdiction of the chief inspector. They are
intermingled with the production employees while inspecting the
products in their various stages of manufacture. They do not partic-
ipate iri the initial assembling of the products but make minor ad-
justments where needed. The Company contends, and the Union did
not offer any evidence to the contrary•that they have no disciplinary
authority., They 'are paid on an hourly basis at a rate which is equal
to that of the highest paid production employee in the department to
which they are assigned. The inspectors are generally pre-trained
before they are given a permanent assignment. We shall exclude the
inspectors from the unit since their duties and interests are substan-
tially different from those of the production employees?
It appears that the technical personnel is comprised principally of
engineers and draftsmen. The Engineering Department is under the
supervision of a chief engineer and two assistants. The majority of
the engineers are located in one office which is removed from the various
production departments. Their ' principal duties-are to estimate the
requirements for the purchasing department and to set up proceedure
for the machine shop, tooling, and various production departments to
follow. They also perform an appreciable amount of clerical work.
The Company contends that they have no supervisory authority and
are paid on an hourly basis. - The majority of the engineers have
'102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
received college training. They shall be excluded from the unit, inas-
much as they are professional and technical employees. For the same
reason draftsmen will be excluded. -
We find- that all production and maintenance employees, including
janitors, but excluding all supervisory, clerical, guard, inspection,
engineer, draftsmen and technical personnel, constitute a unit appro-
priate- for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall -direct that the question concerning representation which
-'has' arisen-- be resolved 'by an election by secret ballot among the
employees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein; subject to the limitations and additions set forth in the
Direction. _
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, and pursuant to. Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED, that, as part of the investigation to ascertain represent-
atives for the purpose of collective'bargaining with Universal Moulded
Products Corporation, Bristol Aircraft Division, Bristol, Virignia,
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 Fifth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 10, of, said Rules
and Regulations, among the employees in the unit found appropriate
in Section IV above, who were employed during the pay-roll period
immediately Weceding 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 dis-
charged for cause to determine whether or not they desire to be repre-
sented by International Association of Machinists, affiliated with the
A. F. of L., for the purposes of collective bargaining.