Waco Aircraft Co.

National Labor Relations Board - Board Decisions

Mar 30, 1944

55 N.L.R.B. 894 (N.L.R.B. 1944)

In the Matter of WACO AIRCRAFT COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA (CIO)
Case No. 8-R-1355.-Decided March 30, 1944
Landis, Ferguson, Bieser and Greer, by Mr. Rowan A. Greer, of
Dayton, Ohio, and Messrs. C. J. Brukner, Russell Pearson, and Hugh
R. Perry, of Troy, Ohio, for the Company.
Mr. David A. Guberman, of Toledo, Ohio, Mr. Harold A. Tull, of
Troy, Ohio, and Mr. Howard Seren, of Lima, Ohio, for the Union.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by the International Union, United
Automobile, Aircraft and Agricultural Implement Workers of
America, (CIO), herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of the Waco Aircraft Company, Troy, Ohio, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Louis Plost, Trial Ex-
aminer. Said hearing was held at Troy, Ohio, on March 7, 1944.
The Company and the Union appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Waco Aircraft Company, an Ohio corporation, manufactures air-
craft and aircraft parts at Troy, Ohio. The value of the raw ma-
55 N. L. R. B., No. 160. ^ ^
894
WACO AIRCRAFT COMPANY 895
terials used by the Company during 1943 was in excess of $7,000,000;
approximately 80 percent of the raw materials was received from
points outside the State of Ohio. The value of finished products of
the Company during the same period was more than $14,000,000,
approximately 98 percent of which was shipped to destinations out-
side that State. -
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
If. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of the Company's
employees until the Union has been certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found 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 Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all employees of the Company in its Troy, Ohio, plant, excluding
office and clerical employees, shop-clerical employees, checkers, tool
designing department employees, watchmen, guards, fire chief, fore-
men, assistant foremen, and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.2
'The Field Examiner reported that the Union submitted 346 authorization cards, and
that there were about 393 employees in the alleged appropriate unit.
s The parties stipulated to include group leaders in the unit The record fails to reveal
their duties. Group leaders are included in the unit provided that their duties are not
such as to bring them within our definition of supervisory employees ; otherwise , they are
excluded.
896 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with the Waco Air-
craft Company, Troy, Ohio, 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 Eighth Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
who were employed during the payroll period immediately preceding
the date of this Direction, including employees who did not work
during the 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 any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, for the purposes of collective bargaining.