Wright Aeronautical Corp.

National Labor Relations Board - Board Decisions

Dec 7, 1942

45 N.L.R.B. 1104 (N.L.R.B. 1942)

In the Matter of WRIGHT AERONAUTICAL CORPORATION and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IM
PLEMENT WORKERS OF AMERICA, U. A. W.-C. I. O.
In the Matter Of WRIGHT AERONAUTICAL CORPORATION and INTERNA-
TIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA,
LOCAL 88, A. F. L. • I? I
In the Matter Of WRIGHT AERONAUTICAL CORPORATION and PASSAIC
COUNTY DISTRICT COUNCIL, UNITED BROTHERHOOD OF CARPENTERS &
-JOINERS OF AMERICA
Cases Nos. R-4538 th,ru R-4540, respectively.=Decided December
7,1942
Jurisdiction : aircraft manufacturing industry.
Investigation and Certification of Representatives : existence of question : stipu-
lation as to; election necessary.
Unit Appropriate for Collective Bargaining : elections directed among: (1) all
foundry employees, with specified inclusions and exclusions, (2) all carpenters,
with specified inclusions and exclusions, and (3) all production, maintenance,
and cafeteria employees, with specified inclusions and exclusions, determination
of appropriate units dependent upon results of elections.
Messrs. Spense, Windels, Walser, Hotchkiss, and Angell, of New
York City, by Mr. Andre Mavimov, for the Company.
Mr. Maurice Sugar, of Detroit, Mich., and Messrs. Lieder, Witt, and
Cammer, of New York City, by Mr. Harold I. Cammer and Mr. Irv-
ing R. Pressman, for the U. A. W.
Mr. Jerome Y. Sturm, of New York City, for the Molders.,
Mr. George Lydon, of Paterson, N. J., for the Carpenters.
Mr. Henry Mayer, of New York City, by Mr. Alexander Eltman,
for the Aircraft.
Mr. William C. Baisinger, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
45 N L. R. B., No 159.
1104
WRIGHT AERONAUTICAL CORPORATION 1105
U. A. W.-C. I'. 0., herein called the U'. A. W., International Molders
& Foundry Workers Union of North America, Local 88, A. F. L.,'
herein called the Molders, Passaic County District Council, United
Brotherhood of Carpenters & Joiners of America, herein called the
Carpenters, alleging that questions affecting commerce had arisen
concerning the representation of employees of Wright Aeronautical
Corporation, New York City, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before William T. Little, Trial Examiner. Said
hearing was held at New York City on November 11 and 12, 1942.
The Company, the U. A. W., the Molders, the Carpenters, and Air-
craft Workers of America, herein called the Aircraft, appeared, par-
ticipated, and 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. The Company, the
U. A. W., and the Aircraft filed briefs which the Board has con-
sidered. On December 4, 1942, a stipulation, signed by all parties,
providing for correction of certain errors in the transcript, was filed
with the Board. The stipulation is hereby made a part of the record
and the transcript is ordered corrected in accordance therewith.
Upon the entire, record in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Wright Aeronautical Corporation is a New York corporation hav-
ing its principal place of business in New York City. Over 90 per-
cent of the Company's stock is owned by Curtiss-Wright Corporation,
a Delaware corporation engaged in the manufacture of airplanes, air-
plane engines and propellers. The Company's only business is the
manufacture of airplane engines. , In this connection it operates one
plant in Cincinnati, Ohio, and six plants in the Paterson, New Jer-
sey, area.2 The latter six plants are involved in this proceeding.
'The Aircraft sought to file a petition with the Trial Examiner Rho referred it to the
Regional Director. Inasmuch as the unit set forth in its petition was identical with the
unit "claimed appropriate by the U. A. W and in order to expedite the handling of this
proceeding, the Aircraft withdrew its petition and filed a motion to intervene which 'was
duly granted
2Each of these 7 plants is designated by number. The Cincinnati plant is plant #6
and the Paterson plants are numbers 1, 2, 3, 4, 5, and 7. Plants 1 to 5 inclusive were
considered a single operating unit in a previous proceeding before the Board, Matter of
Wright Aeronautical Corporation and International Union, United Automobile, Aircraft &
Agricultural Implement Workers of America, C 1. 0., et al, 40 N. L R B 1164 Plant
#7 has been recently constructed and, at present, employs only 800 of the contemplated
pay roll of several thousand employees All parties agree that all 6 plants in the Paterson
area should be considered as a single operating unit.
493508-43-vol. 45-70
1106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The value of the raw materials purchased each month by the Com-
pany for use in the Paterson, New Jersey, plants exceeds $5,000,000,
substantially all of which is purchased outside the State of New
Jersey. The value of the engines manufactured and sold by the Com-
pany exceeds $10,000,000 each month, approximately all of which
is shipped to points outside the State of New Jersey. The Company
admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, U. A. W.-C. I. 0., is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
International Molders and Foundry Workers Union of North
America is a labor organization affiliated with the American Feder-
ation of Labor, admitting to membership employees of the Company.
Passaic County District Council, United Brotherhood of Carpen-
ters & Joiners of America, is a labor organization affiliated with the
American Federation,of Labor;; admitting to rriembership employees.
of the Company.
Aircraft Workers of America is an unaffiliated labor organization
admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The parties stipulated that questions concerning representation
have arisen in that the Company has refused to recognize the U. A.
W. - or the - Aircraft 'unless and until one of then is certified by the
Board, and further that the Company refused to recognize the Mold-
ers and Carpenters because it disputed the appropriateness of the
units urged by them. A statement by the Regional Director and
stipulations signed by each union introduced in evidence at the hear-
ing indicate that the U. A. W., the Aircraft, the Molders, and the
Carpenters each represents a substantial number of employees in
the unit it claims to be appropriate.
s The Regional Director 's statement shows that the U A. W submitted to him 6,652
application cards, 3,255 of which were dated between July 1, 1941, and October 31, 1942,
and 3,397 were undated The Aircraft submitted to him 1,363 undated application cards.
There are approximately 20,000 employees in the unit alleged appropriate by the U. A W.
and the Aircraft . The statement shows that the Carpenters submitted to the Regional
Director 70 application cards dated in September and October 1942 (the Carpenters sub-
mitted 7 additional cards to the Trial Examiner at the hearing), and that there are ap-
proximately 139 employees in the Carpenters' alleged unit. The Molders submitted 1,038
application cards of two types, "Type A" designates the Molders as the employees' repre-
sentative, and "Type B'' designates the Ameiican Federation of Labor as. the employees'
representative; 594 Type A cards and 444 Type B cards were submitted These cards aie
WRIGHT AERONAUTICAL CORPORATION ' 1107
We find that questions affecting commerce have arisen concerning
the representation of the 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 DETERMINATION OF REPRESENTATIVES
The Company, the U. A. W., and the Aircraft contend that the ap-
propriate unit should comprise all production, maintenance, and cafe-
teria employees employed in the six Paterson plants, excluding super-
visory, office; and engineering employees,4 factory clerical employees
paid on a salary basis, guards, pattern makers and pattern makers'
apprentices.
The Molders contends that all foundry employees in these plants,
including foundry inspectors, but excluding supervisory, maintenance,
and clerical employees, comprise a separate unit.
The Carpenters contends for a separate unit comprised of all car-
penters, carpenters' apprentices, and carpenters' helpers employed by
the Company in these six plants, including box makers and leadmen,
but excluding non-working foremen, clerical employees, and carpen-
ters employed in the pattern shop.
The record discloses that between December 1938 and Mareh 1942
industrial unit contracts existed "between the Company and Wright
Aeronautical Employees Association, hereinafter referred, to as the
Association, which the Board disestablished as employer dominated
by a Decision and Order dated October 9, 1942.5 On May 4, 1942, the
Board ordered separate elections in the following groups: (1) pattern
makers and their apprentices, and (2) the residual industrial unit,
excluding cafeteria employees.6 The Molders, although notified, did
not participate in this proceeding. On June 12, 1942, pursuant to an
election' between the above groups held on May 26, 1942, the Board
certified the Pattern Makers League of North America as bargaining
representative of the Company's pattern makers. On October 24,
1942, the Board issued a Supplemental Decision and Order dismissing
the petitions filed by the Association and the U. A. W. in the afore-
mentioned representation case. In October 1942 the Molders and sev-
dated between January and October 1942 , except for 7 which are undated. There are
appioximately;2,160 employees in the Molders' proposed unit.
The unions stipulated that each has it substantial, interest in the unit claimed appropriate
by it, and further that the U. A W and the Aircraft each has a substantial interest
in the ,units claimed appropriate by the Caipenters and Molders The Company did not
join in this stipulation but admitted that all the cards submitted by the unions to the
Regional Director were signed by persons on the Company 's pay roll in the units claimed
appropriate by each union
Q The Company, the U A W, and the Aircraft stipulated that "office employees" in-
cludes all salaried clerical employees of the Company.
5 See Matter of Wright Aeronautical Corporation and International Union, United Auto-
mobile, Aircraft & Agricultural Implement Womkers of America, C 1 0, 44 N L R B 959.
6 See case cited in footnote 2, supra.
C
1108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
eral other American Federation of Labor unions formed a council for
the purpose of organizing, on an industrial basis, all production and
maintenance employees in the six Paterson plants. It was contem-
plated that a single contract would be negotiated with the Company
by the Internatinal Association of Machinists, acting as the Council's
representative. The attempt was abandoned, however, and the Coun-
cil dissolved. Thereafter the Molders, which had been active in the
attempt to organize the employees on an industrial basis, filed its
petition herein seeking to establish foundry employees as a separate
unit. The Company contends that the abortive attempt at industrial
organization by the Council militates against the splitting off of the
Molders' proposed unit. We have found in numerous cases that a
unit comprised of foundry employees is appropriate for the purposes
of collective bargaining.' Moreover, the Council dissolved prior
to perfecting organization on an industrial basis and did not enter
into any collective bargaining with the Company., For these reasons
we reject the Company's contention.
The Company urges that a unit comprised of foundry workers is
inappropriate because the employees claimed by the Molders are an
integral part of the over-all production and maintenance unit. The
Company operates 3 foundries in the Paterson plants which collec-
tively employ approximately 2,200 -employees, including about. 136
maintenance workers. These employees are engaged in making cast-
ings of airplane engine parts. Although the foundries and the
workers therein are an integral part of the Company's entire oper-
ations, nevertheless the foundry employees are a homogeneous and
identifiable ,group engaged in work which we have frequently found
to be sufficiently distinguishable from that of other production em-
ployees to warrant establishing them as a separate unit. Moreover,
there is relatively little interchange of employees between the foun-
dries and the other manufacturing departments, since essentially
different skills are involved. 'In view of these facts, and since there
has been no history of bargaining upon an industrial basi's with a
bona fide labor organization, we are of the opinion that the foundry
workers should be permitted to bargain as a separate unit if they
so desire.
The Molders and the Company differ with respect to the Molders'
request for the inclusion of foundry inspectors and the exclusion of
foundry maintenance employees from the proposed unit. It appears
° See Matter of E T. Fraim Lock Company, et at and International Molders & Foundry
Workers Union of North America (A F. L.), 39 N. L. R. B. 202; Matter of Kennedy'Valve
Manufacturing Company and International Molders & Foundry Workers Union of North
'America, Local Union 150, et at, 30 N L. B B. 653.
WRIGHT AERONAUTICAL CORPORATION 1109
that the production employees in the foundry are under the super-
vision of the works manager who is in charge of one of the seven
main departments in the Paterson plants; the inspectors'are under
the supervision of the quality manager and the maintenance employ-
ees are under the supervision of the plant engineer. The Company
argues that the -Molders is' being, inconsistent in requesting that. one
group which is not under the supervision of the production depart-
ment be excluded from the unit and that another group which does
not come within the jurisdiction of the production department be
included in the unit. The foundry maintenance employees, with the
exception of a small group of laborers, are craftsmen who keep the
foundries in working order and are not eligible for membership in
the Molders. Since the foundry maintenance employees are all under
the jurisdiction of the plant engineer and are ineligible for member-
ship in the Molders, we shall exclude them. While the foundry in-
spectors are under the supervision of the quality manager, they de-
vote their entire time to the inspection of castings in the Company's
foundries, and as such-are an;integr-all part of the foundry production
unit. We shall, therefore, include them.
. The Company contends that the Carpenters is seeking to segregate
a small group of employees from a closely knit maintenance group
composed of laborers, carpenters, masons, pipefitters, electricians, and
millwrights. However, the employees sought by the Carpenters are
an identifiable craft and have separate interests. The Carpenters
requests the inclusion in its proposed unit of leadmen, carpenter-shop
laborers, and box makers, and the exclusion of non-working foremen,
clerical employees, and carpenters employed in the pattern shop. The
Company objected to the inclusion of carpenter-shop laborers on the
ground, that their duties are similar to those of other laborers em-
ployed by the Company whom the Carpenters would exclude. The
Carpenters contends that these carpenter-shop laborers act as car-
penters' helpers. The Company employs 125 carpenters, 6 box mak-
ers, and 11 carpenter-shop laborers. It maintains a separate car-
penter shop located in plant #1 which employs 106 carpenters and
-all the box makerse, aril carpenter-shop laborers. -The_ balance of
the carpenters are assigned to the 5 other plants' maintenance car-
penters. Of the 106 carpenters employed in plant #1, 35 are engaged
in fabricating engine boxes in which finished airplane motors are
shipped. They work with the 6 box makers who are semi-skilled
employees. Inasmuch as the box makers do work similar to the other
carpenters employed by the Company and since there is no dispute
as to them, we shall include the box makers in the proposed unit.
1110 DECISIONS Or NATIONAL LABOR . RELATIONS BOARD
The balance of the carpenters employed in plant #1 are assigned
to construction work. The carpenters engaged in construction and
maintenance work in the various plants are supervised by leadmen
whose duties are entirely supervisory. Since their duties are strictly
supervisory, we shall exclude the leadmen. The 11 carpenter-shop
laborers assist the carpenters in plant #1 by carrying around materials
and. in effect act as carpenters' helpers. We shall include them in
the proposed unit as carpenters' helpers. We shall further exclude
from the unit the carpenters working in the pattern shop inasmuch
as it appears that they are within the jurisdiction of the Pattern
Makers League of North America which, as previously stated, is
certified for all pattern makers employed by the Company. We shall
also exclude non-working foremen and clerical employees since there
is•no,dispute astto,them.
We find that all foundry employees employed by the Company at
`its plants located in and around Paterson, New Jersey, including the
inspectors, but excluding supervisory, maintenance, and clerical'em-
ployees, may properly constitute a separate unit or be included with
the other production and maintenance employees as part of a larger
unit. We further find that all carpenters, carpenters' apprentices,
and carpenters' helpers employed by the Company at its plants in and
around Paterson, New Jersey, including box makers and carpenter-shop
laborers, but. excluding non-working foremen, leadmen; clerical em-
ployees, and carpenters employed in the pattern shop, also may prop-
erly constitute a separate unit or be included with the other production
and maintenance employees as part of a larger unit. We hold, there-
fore, that the desires of the employees involved, shall govern, and we
shall. direct that separate elections be held (1) among all foundry
employees employed by the Company at its plants in and around Pat-
erson, .New Jersey, including. inspectors, but excluding supervisory,
maintenance, and clerical employees, to determine whether they desire
to be represented by the Molders,, the Aircraft, the.U. A. W., or none;
(2) among all, carpenters, carpenters' apprentices, and carpenters'
helpers employed by the Company at its plants in and around Paterson,
New Jersey, including box makers and carpenter-shop laborers, but
excluding*non-working foremen, leadmen, clerical, employees, and 'car-
penters employed in the pattern shop, to determine whether they desire
to be represented by the Carpenters, the Aircraft, the U. A. W., or
none; (3) among the remaining production, maintenance, and cafeteria
employees employed by the Company at its plants in and around
..Paterson, New Jersey, :excluding.supervisory, office,, ,and, engineering
employees and factory clerical employees paid on a salary basis, guards,
pattern nmakers, and pattern makers' apprentices, to determine whether
they desire to be represented by the Aircraft, the U. A. W., or neither.
WRIGHT AERONAUTICAL CORPORATION 1111
Upon the results of these elections will depend in part the determination
of the appropriate unit or units . If a majority of the employees
designated in, voting unit ( 1) above select , the Molders as their repre-
sentative , 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 Company,
they will then be included in the larger unit. If a majority of the
employees designated in voting unit (2) above select the Carpenters as
their representative , they will also 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 Company , they will then be included in the larger unit.
We shall direct that the questions concerning representation which
have arisen ,be.,resolved by:means of : elections by, secret `ballot among
the employees in the voting groups above set forth who were employed,
during the pay-roll period immediately preceding the date of the
Direction of Elections herein, subject to the .limitations and additions
set forth in the Direction. _
DIRECTION OF ELECTIONS
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 2, as amended, it is
hereby
DIRECTED that, as•part of the investigation to-ascertain the represent-
atives for the purposes of collective bargaining with Wright Aero-
nautical 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 Director for the Second Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 10, of said Rules and Regulations, among
the groups of employees described below who were employed by the
Company at its plants in and around Paterson, New Jersey, 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 mili=
tary service or training of the United States, or temporarily laid off,
but-excluding employees who have since quit or, been discharged for
cause:
(1) all foundry employees, including inspectors, ' but excluding su-
pervisory, maintenance, and clerical employees, to determine whether
they desire to be represented by International Molders & Foundry
1112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Workers Union of North America, Local 88, A. F. L., or by Interna-
tional Union, United Automobile, Aircraft & Agricultural Implement
Workers of America, U. A. W.-C. I. 0., or by Aircraft Workers of
America, for the purposes of collective bargaining,'or by none;
(2) all carpenters, carpenters' apprentices, and carpenters' helpers,
including box makers and carpenter-shop laborers, but excluding non-
working foremen, leadmen, clerical employees, and carpenters em-
ployed in the pattern shop, to determine whether they desire to be
represented by Passaic County District Council, United Brotherhood
of Carpenters & Joiners of America, or by International Union, United
Automobile, Aircraft & Agricultural Implement Workers of Amer-
ica, U. A. W.-C. I. O., or by Aircraft Workers of America, for the pur-
poses of collective bargaining, or by none ;
(3) all production, maintenance, and cafeteria employees, excluding
supervisory, office, 'and engineering' employees, factory clerical em-
ployees paid on a salary basis, guards, pattern makers, and pattern
makers' apprentices, foundry employees (including foundry inspec-
tors), carpenters, carpenters' apprentices, and carpenters' helpers, box
makers, and carpenter-shop laborers, to determine whether they-desire
to be represented by International Union, United Automobile, Aircraft
& Agricultural Implement Workers of America. U. A. W.-C. I. 0., or
by Aircraft Workers of America, for the purposes of collective bar-
gaining, or by neither.