Vega Airplane Co.

National Labor Relations Board - Board Decisions

Jun 24, 1941

32 N.L.R.B. 1110 (N.L.R.B. 1941)

In the Matter Of VEGA AIRPLANE COMPANY and UNITED AIRCRAFT
WELDERS OF AMERICA (UNAFFILIATEDQ)
Case No. R-2535.-Decided June 24,1941
Jurisdiction : airplane manufacturing industry.
Practice and Procedure : petition dismissed where no appropriate unit within
scope of petition.
Mr. H. C. Tallmedge and Mr. John C. Harpert, of Burbank, Calif.,
for the Company.
Mr. Jimnne Goss and Mr. Walter S. Binns, of Los Angeles, Calif.,
for the United.
Mr. Charles Tigar, of Burbank, Calif., Mr. Dale 0. Reed, of Los
Angeles, Calif., and Mr. E. L. Lynch, of -Inglewood, Calif., for the
I. A. M."
Mr. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On March 24, 19411 United Aircraft Welders of America, Unaffiliated,
herein called the United, filed with the Regional Director for the
Twenty-first Region (Los Angeles, California) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Vega Airplane Company, Burbank, Cali-
fornia, herein called the Company, and requesting an investigation
and certification of representatives pursuant to_ Section 9 (c) of the
-,National Labor Relations Act, 49-Stat. 449, herein called the Act. On
April 11, 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.
'International Association of Machinists and its athhates , Aeronautical Mechanics
-District No. 2 and Lodge No. 727 , were represented at the hearing . They are herein
collectively referred to as the I. A. M.
32 N. L. R. B., No. 170.
1110
VEGA AIRPLANE COMPANY 1111
On April 22, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the United, and
International Association of Machinists, Lodge No. 727, herein called
the I. A. M., a labor organization claiming to represent employees of
the Company. Pursuant to notice, a hearing was held at Los Angeles,
California, from May 1 to 6, 1941, before William R. Walsh, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com=
pany, the United, and the I. A. M. were represented by counsel and
participated in the hearing. Full opportunity to be heard, to ex-
amine and cross-examine witnesses; and to introduce evidence bearing
upon the issues was afforded all parties. During the course of the
hearing the Trial Examiner made several rulings on motions and on .
objections to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed. The Company, the
United, and the I. A. M. filed briefs which the Board has'duly con-
sidered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Vega Airplane Company was organized in August 1937 by Lockheed
Aircraft Company, herein called Lockheed . The Company is engaged
in the manufacture of aircraft and aircraft parts for commercial and
military operations at two plants at Burbank , California ; The Com-
pany uses raw materials , consisting principally of aluminum , steel,
and alloys , all of which are obtained by it outside of California. The
Company's annual sales are valued at several million dollars. A great
percentage of its products are shipped to destinations outside of
California.
The Company admits that it is engaged in commerce , within the
meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Aircraft Welders of America is an
unaffiliated labor organization, admitting to membership all workers
of the aircraft industry employed as gas welders, electric-arc welders,
aluminum welders, gas burners, gas cutters, apprentice welders, and
helpers.
Aeronautical Mechanics, Lodge No. 727, is a labor organization
affiliated with International Association of Machinists and, through
it, with the American Federation of Labor. It admits to membership
employees of the Company.
1112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE APPROPRIATE UNIT
In its petition the United alleges that the following employees of
the Company constitute a unit appropriate for the purposes of col-
lective bargaining : oxy-acetylene, oxy-hydrogen, and electric-arc
welders, gas-flamo cutters, burners, welders' helpers, and apprentice
welders, excepting electric-spot welders, all foremen, and supervisors
with authority to hire or discharge. The Company employs approxi-
mately 5,500 persons comprising about 200 production-work classifica-
tions. There are about 114 welders employed in four departments at
the Company's two plants. Welding is one of the interrelated
operations used in the fabrication of airplanes and parts.
In support of the unit proposed by it the United contends that
welding is a highly skilled craft, requiring about 4 years' experience
to become a journeyman welder; that certain welders are required
to pass Army tests for proficiency; that the .work of welders involves
peculiar occupational hazards; and that its organizational activities
among welders of the Company antedates the latter's first industrial
contract?
The Company and the I. A. M. urge dismissal of the United's peti-
tion for the stated reasons that welders are not a distinct craft; that
the industrial unit covered by their exclusive bargaining contracts
is appropriate ; and that in view of the interrelationship between the
Company and its parent organization, Lockheed, a separate unit for
the Company's welders is inappropriate.
In the fall of 1936 a group of welders employed by the major air-
craft companies in southern California formed the United to organize
all welders in the industry on a craft basis. The United now claims
to represent about 90 per cent of the welders employed in that local-
ity and claims to have been recognized by a number of aircraft
companies in exclusive bargaining contracts as the statutory repre-
sentative of the welders employed by them. The United organized
welders at Continental Aeronautical Company, herein called Conti-
nental, and bargained for them as their exclusive representative until
January 1940 when Continental sold its physical assets and plant
to the Company. Substantially all Continental welders were reem-
ployed by the Company. Shortly thereafter the United, claiming
to represent a majority of the Company's welders, requested the
2 In support of its claim to represent a majority of welders of the Company, the United
submitted to the Regional Director application cards signed by 60 persons whose names
appeared on the Company's pay roll of February 21, 1941. The Company employs ap-
proximately 114 welders.
The I. A. M. submitted 3 cards signed by welders whose names appeared on the above
pay roll, contending , as discussed below, that a separate unit for the Company's welders
k inappropriate.