Vultee Aircraft, Inc.

National Labor Relations Board - Board Decisions

Jun 29, 1940

24 N.L.R.B. 1184 (N.L.R.B. 1940)

In the Matter of VuLTEE AIRCRAFT, INC. and INTERNATIONAL UNION
UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL No. 683, C. I. O.
Case No. R-1897.-Decided June 29, 1940
'Airplane Manufacturing Industry-Investigation of Representatives: contro-
versy concerning representation of employees ; stipulation ; refusal to recognize
petitioner because of lack of knowledge as to majority status-Unit Appropriate
for Collective Bargaining: stipulation : production and maintenance employees,
excluding office workers , employees in the engineering • department, pattern
makers, welders, inspectors, supervisory-Representatives: eligibility to par-
ticipate in choice : controversy as to ; pay roll immediately preceding date of
Direction of Election ; in view of such determination, petitioner may withdraw
petition if it desires-Election Ordered
Mr. Roger McGuire, for the Board.
Gibson, Dunn c6 Urutcher, by Mr. J. Stuart Neary, of Los Angeles,
Calif., and Mr. Frederick C. Bryan, of Vultee Field, Calif., for the
Company.
Gallagher, Wirin & Johnson, by Mr. Leo Gallagher, and Mr. Wynd-
ham Mortimer, of Los Angeles, Calif., for the U. A. W.
Mr. Jimme Goss, of Los Angeles, Calif., for the Welders.
Mr.: E. L. Lynch, of Los Angeles, Calif., for the I. A. M.
Mr. William F. Jebe, of Los Angeles, Calif., for the Pattern
Makers.
Mr. Stanley D. Metzger, 6f counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 22, 1940, International Union United Automobile
Workers of America, Local• No. 683, C. I. 0., herein called the
U. A. W., filed with the Regional Director for the Twenty-first
Region (Los Angeles, California) a petition, and on May 10 and 17,
1.940, amended petitions, alleging that a question affecting commerce
had arisen concerning the representation of employees of Vultee Air-
craft, Inc., Downey, California, herein called the Company, and re-
questing an investigation and certification,of representatives, pursuant
to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
24 N. L. R. B., No. 129.
1184
VULTEE AIRCRAFT, INC. 1185
herein called the Act. On June 4, 1940, 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 June 6, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the
U. A. W., and upon United Aircraft Welders of America, herein
called the Welders, International Association of Machinists, A. F.
of L., herein called the I. A. M., and Pattern Makers Association of
Los Angeles and Vicinity, A. F. of L., herein called the Pattern
Makers, labor organizations, claiming to represent employees directly
affected by the investigation. Pursuant to notice, a hearing was
held on June 13, 15, and 17, 1940, at Los Angeles, California, before
William R. Walsh, the Trial Examiner duly designated by the
Board. The Company and the U. A. W: were represented by counsel,
and the I. A. Al., the Welders, and the Pattern Makers by. their
representatives. All participated in the hearing. A motion to in-
tervene, filed by the I. A. M. at the outset of the hearing, was denied
by the Trial Examiner on the ground that the I. A. M. failed to
show a substantial interest in .the proceeding.' 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 made a number of 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Vultee Aircraft, Inc., is a Delaware corporation, having its prin-
cipal place of business at Vultee Field, near Downey, California,
where it is engaged in the manufacture of airplanes and airplane
parts. Ninety per cent of its raw materials, consisting of aluminum,
aluminum alloy, stainless steel, bronze, magnesium alloy; and brass
are shipped to it from points outside the State of California. All
of its finished products, consisting of airplanes and airplane parts,
are shipped to points outside the State of California. At the hearing
1 The I. A. Al. produced 18 application cards of employees of the Company, some of
which were undated and some of which had been signed a year prior to the hearing ;
the Company had in its employ approximately 2000 persons at the time of the hearing.
1186 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD
the Company admitted that it is engaged in interstate commerce
within the meaning of the Act.
IT. THE ORGANIZATIONS INVOLVED
International Union United Automobile Workers of America,
Local No. 683, affiliated with the Congress of Industrial Organiza-
tions, is a labor organization admitting to its membership production
and maintenance employees of the Company.
United Aircraft. Welders of America' is an unaffiliated labor or-
ganization admitting to its membership welders employed. by the
Company. '
Pattern Makers Association of Los Angeles and Vicinity, affiliated
with the American Federation of Labor, is a labor organization
admitting to its. membership pattern makers employed by the
respondent.
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing the parties stipulated that shortly after February
5, 1940, the Company informed the U. A. W. by letter, in reply to a
request by the U. A. W., that it refused to recognize the U. A. W.
as the sole bargaining agency of its employees because of its lack
of knowledge as to whether the U. A. W. represented a majority of
its employees. 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
At the hearing the parties stipulated that all production and
maintenance employees of the Company at its Downey, California,
plant, excluding office workers, employees in the engineering depart-
ment, pattern makers,2 welders,3 inspectors, Supervisors,. and officials
2 The parties stipulated at the hearing that pattern makers are "all persons employed
by the Company as, wood pattern makers and plaster pattern makers , exclusive of
11helpers . . .
3 The parties stipulated at the hearing that welders are "all employees at the Downey
Plant of the Company who are engaged more than 50 percent of their * working time as
oxy-acetylene , oxy-hydrogen , electric are welders employed to do fusion welding, as gas
torch cutters and helpers , and apprentice welders , excluding operators of mechanical
spot welding machines .. .
VULTEE AIRCRAFT, INC. -.1187
who have the right to hire and. discharge, constitute an' appropriate
[bargaining unit. We see no reason to alter the unit agreed upon.
We find that all production and maintenance employees of the
Company at its Downey, California, plant, excluding office workers,
employees in the engineering department, pattern makers, welders,
inspectors, supervisors; and officials who have the right to hire and
discharge, constitute a' unit appropriate for purposes of collective
bargaining and that such unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing Roger McGuire, an employee of the Board, stated
that a check of names appearing on a U. -A. W. "petition" and the
Company's pay roll of on or about April 22,-1940, revealed that the
U. A. W. at that time represented approximately 430 out of approxi-
mately 995 employees in the appropriate unit. The U. A. W.
requested an election to determine the question concerning representa-
tion. We find that the question which has arisen concerning the
representation of employees of the Company can best be resolved
by an election by secret ballot.
The U. A. W. desires eligibility to vote in the election to be
determined as of the date of its first petition herein, April 22, 1940.
The Company desires its pay roll of about July 15, 1940, to be used
to determine eligibility, stating that the rapid increase in the size of
the appropriate unit, from approximately 995. on April 22, 1940, to
approximately 2043 on June 12, 1940, will reach a relatively stable
number of approximately 2824 employees on July 15, 1940. The
Company states that to permit a majority of approximately 995 em-
ployees to bargain for approximately 2824 employees would not
effectuate the policies of the Act. Although the increase in the size
of the unit between June 12 and July 15 will be approximately 800
employees, there is no showing that a large .part of that increase will
not have taken place gradually between those dates. There is, there-
fore, no compelling reason to alter our usual policy of determining eli-
gibility to vote in the election by the pay roll immediately preceding
the date of our Direction of Election. It may be, however, that in view
of our determination of the eligibility date, the U. A. W. will not
.desire to participate in an election. In that event, by making appli-
cation therefor to the Board within 5 days from the date of this De-
cision, the U; A. W. may withdraw the petitions which it, has filed in
this proceeding.
We shall direct that those eligible to vote shall be the employees
in the appropriate unit whose names appear upon the 'Company's
1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pay roll immediately preceding the date of this Direction of Election,
including any employees who did not work during said -pay-roll
period because they. were ill or on vacation, and employees who
were then or have since been temporarily laid off, but excluding those
who have since quit or been discharged for cause.
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 repre-
sentation of employees of Vultee Aircraft, Inc., Downey, California,
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 of the Company at
its Downey, California, plant, excluding office workers, employees in
the engineering department, pattern makers, welders, inspectors, su-
pervisors, and officials who have the right to hire and discharge, con-
stitute ^a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the 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 Rela-
tions Act, 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 Vultee Aircraft, Inc., Downey, California, an elec-
tion by secret ballot shall be conducted as early as possible but not
later than thirty (30) days from the date of this Direction of 'Elec-
tion, under the direction and supervision. of the Regional Director
for the Twenty-first Region, acting in this matter as agent for the
National Labor Relations Board and subject to Article III, Section 9,
of said Rules and Regulations, among all production and mainte-
nance employees of Vultee Aircraft, Inc., at its Downey, California,
plant, whose names appear upon the Company's pay roll immediately
preceding the date of this Direction of Election, including any em-
ployees who did not work during said pay-roll period because they
were ill or on vacation', and employees who were then or have since
been temporarily laid off, but excluding office workers, employees
in the engineering department, pattern makers,' welders,' inspectors,
4 See footnote 2, supra.
6 See footnote 3, supra.
VULTEE AIRCRAFT, INC. 1189
supervisors, and officials who have the right to hire and discharge,
and employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Inter-
national Union United Automobile Workers of America, Local No.
683, affiliated with the Congress of Industrial Organizations, 'for the
purposes of collective bargaining.
MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Direction of Election. .
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