Wright Aeronautical Corp.

National Labor Relations Board - Board Decisions

May 4, 1942

40 N.L.R.B. 1164 (N.L.R.B. 1942)

In the Matter Of WRIGHT AERONAUTICAL CORPORATION and INTER-
NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, C. I. O.
In the Matter Of WRIGHT AERONAUTICAL CORPORATION and WRIGHT
AERONAUTICAL EMPLOYEES' ASSOCIATION
In the Matter Of WRIGHT AERONAUTICAL CORPORATION and PATTERN
MAKERS LEAGUE OF NORTH AMERICA
Cases Nos. R-3728 to R-3730, inclusive , respectively.
Decided May 4, 1942
Jurisdiction : airplane engine manutacturing industry.
Investigation and Certification of Representatives : existence of question re-
fusal to accord any union recognition until certified by the Board , elections
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees in plants Nos. 1 to 5 of the Company located in and about Pater-
son, New Jersey, excluding supervisory, office, engineering, and cafeteria em-
ployees, and guards; determination of whether pattern makers and their
apprentices at the five plants' shall constitute a separate bargaining unit
held dependent upon election.
Mr. James C. Paradise, for the Board.
Spence, Windels, Walser, Hotchkiss cC Angell, by Mr. Andre Mani-
mov, of New York City, for the Company.
Leider, Witt cC Cammer, by Mr. D..William Leider, of New York
City, for the U. A. W.
Mr. Arthur M. Wechsler, of New York City, for the W. A. E. A.
Mr. Joseph A. Padway, by 111r. Henry Kaiser, of Washington, D. C.,
for the P. M. L.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by International Union, United Automo-
bile, Aircraft, & Agricultural Implement Workers of America, C. 1. 0.,
herein called the U. A. W., by Wright Aeronautical Employees' Asso-
ciation, herein called the W. A. E. A., and by Pattern Makers League
of North America, herein called the P. M. L., alleging that a question
40 N. L R. B., No 198.
1164
WRIGHT AERONAUTICAL CORPORATION 1165
affecting commerce had arisen concerning the representation of
employees of Wright Aeronautical Corporation, New York City,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Webster
Powell, Trial Examiner. Said hearing was held at New York City,
on April 13, 1942. The Company, the U. A. W., the W. A. E. A., and
the P. M. L. appeared and participated.' All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing oh the issues. The Trial Exam-
iner's rulings, made at the hearing, are free from prejudicial errors
and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY I
Wright Aeronautical Corporation is a New York corporation hav-
ing its principal place of business in New York City. More than 90
percent of the Company's stock is owned by Curtiss-Wright Corpora-
tion, a Delaware corporation engaged in the manufacture of airplanes,
airplane engines, and propellers. The Company's only business is the
manufacture of airplane engines. In this connection, it operates one
plant at Cincinnati, Ohio, and five plants in the Paterson, New Jersey,
area. The latter five plants are involved in this proceeding. The
value of products purchased by the Company each month exceeds
$5,000,000. The value of engines sold by the Company each month
exceeds $10,000,000. Substantially all the materials for use in the
New Jersey plants are purchased outside the State of New Jersey;
substantially all the engines manufactured in the New Jersey plants
-are shipped outside the State of New Jersey.
The Company admits that, in its operations at its New Jersey plants
itris engaged in commerce, within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft, & Agricultural
Implement Workers of America, C. I. 0., is a labor organization
admitting to membership employees of the Company.
Wright Aeronautical Employees' Association is an unaffiliated labor
organization admitting to membership employees of the Company.
'Metal Polishers , Buffers, Platers, & Helpers International Union , A F. of L ; Interna-
tional Molders and Foundry Workers Union of North America, A F of L ; United Associa-
tion of'Journeymen , Plumbers andr Steamfitters , A. F. of L ; and- Local B-102 . Interna-
tional Brotherhood of Electrical Workers, A F of L , although served with notice, did
not appear . International Association of Machinists , although not served with notice,
advised the Regional office that it had no present interest in the instant proceeding.
1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pattern Makers League of North America, (New York Association)
is a labor organization affiliated with the American Federation of
Labor. It admits to membership pattern makers and their appren-
tices employed by the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The parties stipulated that questions concerning representation
have arisen in that the U. A. W., the W. A.. E. A., and the P. M. L.,
each, has informed the Company that it represented a majority of the
employees in the unit it claimed to be appropriate, and that the Com-
pany refuses to bargain with any labor organization until it is certified
by the Board. A statement of the Regional Director introduced in
evidence after the hearing, upon agreement of the parties, indicates
that the U. A. W., the W. A. E. A., and the P. M. L. each represents
a substantial number of employees in the unit each contends to be
a ppropriate.2
We find that questions affecting commerce have 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
The Company and the W. A. E. A. agreed at the hearing that the
unit set forth in the amended petition of the U. A. W. is appropriate.
This unit is as follows : all production and maintenance employees
employed in plants Nos. 1 to 5 of the Company located in and about
Paterson, New Jersey, excluding supervisory,3 office, engineering, and
cafeteria employees, and guards.'
I
"The Regional Director stated that the U A W submitted to hint 1,980 authouzitionn'
cards ; that 1,007 ` were dated between January and April 1942, 24 were dated simply
1941„ and 949 were undated , that all of the cards bore apparently genuine signatures ;
and that a comparison of a substantial number of the cards with the Much 31, 1942, pay
roll of the Company , listing 16 ,413 persons in the appiopriate unit , indicates that 95
percent of the cards bear names of persons contained on the pay, roll
The Regional Diiector 'stated that thq W A E A submitted its membership register
and dues records, containing the signatures of 10 , 215 membeis , that all the signatures
appeared to be genuine and original ; and that a comparison of a substantial number of
the signatures with the above-mentioned pay roll indicates that 98 percent of the signatures
are names of persons listed on the pay roll
The Regional Director stated further that the P M L submitted a petition requesting
representation by the P. M L, which contained 71 signatures ; that it was signed by
seven persons on March 11, 1942 , that all the signatures appeared to be genuine and
original ; and that all the signatures are names of persons listed on the Company's pay
roll of March 31 , 1942 , which contains the names of 102 persons in the unit - claimed to be
appropriate by the P . M. L , - n .
a All the parties agreed that "supervisory" employees includes all employees having the
rank of set-up man of lead man or , a higher rank
4 The Company , the \V A E A , and the U A w stipulated that "office, engineering, and
cafeteria employees , and' guards" referred to those employees listed on the Company's
Exhibit No 2 as Sala ry 'Employees.
WRIGHT AERONAUTICAL CORPORATION 1167
At the hearing, the P. M. L. amended its petition, contending for a
separate unit of all pattern makers and their apprentices employed in
the plants of the Company located in and around Paterson, New Jer-
sey. The parties subsequently stipulated that the employees in the
unit proposed by the P. M. L. be given a separate vote to determine
whether they desire to be represented by the P. M. L., by the U. A. W.,
by the W. A. E. A., or by no union.
In view of the stipulation and the fact that pattern making is a well
defined, highly skilled craft,' Ave find that pattern makers and their
apps entices employed at the five plants of the Company in and around
Paterson, New Jersey, excluding supervisors, could properly consti-
tute a separate unit, or be included with production and maintenance
employees as part of it larger unit. We hold, therefore, that the desires
of the employees involved shall govern, and we shall direct that sepa-
rate elections be held (1) among the pattern makers and their appren-
tices employed ' by the Company at its five plants in and around
Paterson, New Jersey, to determine whether they- desire to be repre-
sented by the U. A. -W., the W. A. E. A., the P. M. L., or none, and
(2) among the remaining production and maintenance employees em-
ployed at such plants with the exclusions above noted, to determine
whether they desire to be represented by the U. A. W., the W. A. E. A.,
or neither. Upon the results of these elections will depend in part
our determination of the appropriate unit or units. If a majority of
the pattern-makers and their apprentices select the P. M. L. as their
representative, they will constitute a separate and distinct unit; if a
majority of them, choose the same union as is chosen by the majority
of the remaining production and maintenance employees of the Com-
pany, then the pattern makers and their apprentices will be included
in the larger unit.
V. THE DETERMINATION OF REPRESENTATIVES
W ire find that the questions concerlung representation which have
arisen can best be resolved b}^ means of elections by secret ballot.
Although the parties agreed at the hearing to accept the pay-roll
period ending April 4, 1942, as the basis for determining eligibility
to vote, we see no reason for departing from our customary practice
in this regard. Accordingly, we shall direct that those eligible to
vote shall be the employees in the voting groups above set forth who
were employed during the pay-roll period immediately jn•ecedmg.the
date of our Direction of Elections, subject to the limitations and=addi-
tions set forth therein.
S See Bethlehem Steel Company (Shipbuilding Division) and Pattern Makers League-of
North American, New York Association, 40 N L R. B. 922
1168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS
7 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, 49 Stat . 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DREC'[ ED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Wright Aeronautical Corporation , New York City , elections by
secret ballot shall be conducted as'early as possible , but not later than
thirty ( 30) days from the date of this Direction of Elections, under
the direction and supervision of the Regional Directoi 'for the Second
Region , acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations;
1. Among all pattern makers and their apprentices employed by the
Company in its plants Nos. 1 to 5 located in and about Paterson, New
Jersey, who were employed during the pay-roll period immediately
preceding the date of this Direction of Elections , including employees
who did not work during such pay-roll period because they were ill
or on vacation or in the active military service or training of the
United States , or temporarily laid off, but excluding supervisory em-
ployees and those employees who have since quit or been discharged
for cause , to determine whether they desire to be represented by Inter-
national Union, United Automobile , Aircraft , & Agricultural Imple-
ment Workers of America, C . I. 0., or by Wright Aeronautical
Employees ' Association , or by Pattern Makers League of North Amer-
ica, for the purposes of collective bargaining , or by none.
2. Among all production and maintenance employees of the Com-
pany in its plants Nos. 1 to 5 located in and about Paterson, New
Jersey, who were employed during the pay-roll period immediately
preceding the date of this Direction of Elections , including employees
who did not work during such pay -roll period because they were ill
or on vacation or in the active . military service or training of the
United States , or temporarily laid off, but excluding supervisory , office,
engineering , and cafeteria employees , guards , pattern makers and
their apprentices , and those employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented_by International Union, United Automobile , Aircraft , & Agri-
cultural Implement Workers of America, C . I. 0., or by Wright Aero-
nautical Employees' Association , for the purposes of collective bar-
gaining, or by neither: , `