Laister-Kauffmann Aircraft Corp.

National Labor Relations Board - Board Decisions

Aug 24, 1943

52 N.L.R.B. 155 (N.L.R.B. 1943)

In the Matter of LAISTER-KAUFFMANN AIRCRAFT CORPORATION and
INTERNATIONAL ASSOCIATION OF MACHINISTS, DIsTRIVr No. 9
'Case No. R-5703.-Decided August 24, 1943
Mr. John W. Laister and Mr. Robert D. Abbott, of St. Louis, Mo.,
for the Company.
Mr. Nelson Briner, of St. Louis, Mo., Mr. Oscar Worley, of Overland,
Mo., and Mr. Elmer J. Libert, of St. Louis, Mo., for the I. A. M.
Mr. Roy A. Krehineyer and Mr. Erwin C. Meinert, of St. Louis, Mo.,
for the Carpenters.
Mr. H. P. Koenig and Mr. John T. Meinert, of St. Louis, Mo., for the
I. B. E. W.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
District No. 9, herein called the I. A. M., alleging that a question af-
fecting commerce had arisen concerning the representation of em-
ployees of Laister-Kauffmann Aircraft Corporation, St. Louis, Mis-
souri, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Harry G.
Carlson, Trial Examiner. Said hearing was held at St. Louis, Mis-
souri, on July 20 and 21, 1943. At the commencement of the hearing
the Trial Examiner granted the motions to intervene made by United
Brotherhood of Carpenters and Joiners of America, District Council
of St. Louis, A. F. of L., herein called the Carpenters, and by Interna-
tional Brotherhood of Electrical Workers, Local No. 1, A. F. of L.,
herein called the I. B. E. W. The Company, the I. A. M., the Car-
penters, and the I. B. E. W. were represented and participated in the
hearing. Full opportunity to be heard, to examine and cross- examine
witnesses , and to introduce evidence bearing on the issues was af-
forded all parties. The Trial Examiner's rulings, made at the hearing,
are free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
52 N. L . R. B., No. 25.
155
156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Laister-Kauffmann Aircraft Corporation is a Missouri corporation
with its main office and principal place of business in St. Louis, Mis-
souri. It is engaged in the sole business of the manufacture'of gliders
for the United States Army Air Force. In the course and conduct of
its business the Company uses large quantities of raw materials consist-
ing principally of wood, metal, fabric, and paint. During the year
1942, the Company purchased such materials valued in excess of
$100,000, of which 75 percent was purchased and shipped from points
outside the State of Missouri. Finished products are delivered to the
Army Air Forces at St. Louis, Missouri. At the date of the hearing
the Company employed approximately 1,000 employees.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, District No. 9, is an un-
affiliated labor organization, admitting employees of the Company to
membership.
United Brotherhood of Carpenters and Joiners of America, District
Council of St. Louis, and International Brotherhood of Electrical
Workers, Local No. 1, are labor organizations affiliated with the Amer-
ican Federation of Labor, admitting employees of the Company to
membership.
III. THE QUESTIONS CONCERNING REPRESENTATION
By letter dated November 9, 1942, the I. A. M. informed the Com-
pany that it represented a majority of the Company's employees and
requested that a date be set for a collective bargaining conference. The
Company replied on November 12, 1942, that it would take the matter
under advisement and that a conference would be held following a
meeting of its Board of Directors. In reply to a second letter of the
I. A. M., dated November 13, 1942, the Company replied on November
17, 1942, that it was willing to consent to an election under the super-
vision of the Board to determine whether or not the employees desired
to be represented by the I. A. M. Thereafter, on November 20, 1942,
the Carpenters informed the Company of its claim to majority rep-
resentation and demanded recognition as the collective bargaining
representative of the Company's employees. The Company replied
that the I. A. M. was also claiming to represent the employees and that
the Company would consent to an election to determine the collective
bargaining representative. In view of these facts, the parties stipulated
LAISTER-KATiFFMANN AIRCRAFT CORPORATION 157
that questions concerning representation of the Company's employees
had arisen.
Statements of the Regional Director and the Trial Examiner with
respect to authorization evidence submitted by the I. A. M., the Car-
penters, and the I. B. E. W. were introduced into evidence at the
hearing.'
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNITS
A. Contentions of the parties
The I. A. M. contends that all production and maintenance em-
ployees, including leadmen, but excluding foremen, supervisors, cleri-
cal employees, plant, guards, engineering department employees, and
employees of the loft and template sections, constitute an appropriate
unit. The Company approves of such an industrial unit but dif-
fers with the I. A. M. as to certain inclusions hereinafter discussed.
The I. B. E. W. claims that all electricians engaged in production
and maintenance work constitute an appropriate unit. The Car-
penters would establish the plant-wide unit sought by the I. A. Al.
but would exclude the electricians therefrom.
The production employees work in the following departments :
wood shop, metal shop, covering and painting department, final assem-
bly, jigs and fixtures department, and experimental project depart-
ment. The various parts are fabricated chiefly in the wood and metal
shops. The next step in the production process is painting and cover-
ing. The jigs and fixtures department is concerned with equipment
for both wood and metal work and also is engaged in some production
work. Although the employees in the experimental project are en-
I The following tabulation sets forth the statements of the Regional Director and the Trial Examiner
concerning the authorization evidence submitted by the labor organizations
Number Approxi-
Union Evidence Num Dated
appar_
ently
Number
on pay-
mate
number
her genuine roll6/19/43
in
proposedsignatures unit
LA M______ IAM authorization 437 Between 1/1/42 & 3/31/43 _ 407 192 __ _______
cards
AFL authorization 50 2 undated , 48 between 48 22 - --------
cards 9/1/42 & 12/31/42.
_
Authorization 91 2 undated ; 1 misdated , 35 34 674
cards . 88 between 6/11/43 &
7/2/34
-
Carpenters__ Authorization 76 6 undated , 70 between 74 69 665
cards , 5/15/43 & 6/16/43
I B E W ___ AFL authorization 9 1 undated , 8 on 6/18/43___ 9 9 9I
cards
I
158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gaged chiefly in work of a confidential nature consisting of both wood
and metal fabrication and assembly thereof, they also are engaged from
time to time in both production and final assembly work. It appears
that the experimental project department will be discontinued in the
near future and that its employees will be transferred to other depart-
ments. The record indicates that there is a considerable amount of
interchange of employees among the various departments. Approxi-
mately 75 percent of the employees in all departments are shifted from
time to time from the departments where they are regularly employed
to other departments where they work temporarily.
Of the nine employees whom the I. B. E. W. desires to represent,
three are employed in the maintenance departments and are engaged
in the repair and maintenance of the plant's electrical equipment. The
remaining six employees are employed in the final assembly depart-
ment where they install in the gliders, panel instruments, radio equip-
ments, and the electrical wiring for wing and rudder lights.
Upon the foregoing facts, and in the absence of any history of col-
lective bargaining, we find that the electricians engaged in production
and maintenance work might properly constitute a separate unit or
might be included with the other production and maintenance em-
ployees'in a single plant-wide unit.
B. The voting units
There remains for consideration the specific composition of the
voting units.
Inspectors. The I. A. M. desires to represent inspectors. The Com-
pany urges their exclusion from the unit on the ground that their
interests are identified with management and that their inclusion in
the unit might lead to the approval of inferior work. The Carpenters
took no definite position with regard to the inspectors. Since the in-
spectors are primarily concerned with production work and have no
supervisory duties beyond reporting occasional evidence of sabotage,
a duty also exercised by crew leaders, or reporting consistently poor
work, we shall include them in- the unit of production and mainte-
nance employees.2
Stock room and receiving room employees are included in the unit
proposed by the I. A. M. The Company urges their exclusion from
the unit. Receiving room employees unload materials and supplies
and check them into the stock room. The employees of the stock room
check out tools and materials upon requisitions, keep records of such
transfers, and maintain a perpetual inventory. Although these em-
ployees are paid like the regular office force on a semi-monthly basis,
rather than weekly, as are production employees, this factor is not
2 Ct Matte' of McDonnell Aircraft Corpoi ataon, 49 N. L. R B. 897.
LAISTER-KAUFFMANN AIRCRAFT CORPORATION 159
controlling.3 We shall include stock room and receiving room em-
ployees in the unit of production and maintenance employees 4
In view of our above findings with regard to the electricians, we
shall make no final determination of unit at this time, but shall direct
that the questions concerning representation which have arise]) be
resolved by separate elections by secret ballot among the employees in
the following voting groups who were employed during the pay-roll
period immediately preceding the date of the Direction of Elections,
subject to the limitations and additions set forth therein : (1) among
all electricians engaged in production and maintenance work, exclud-
ing foremen and supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees or effectively recommend such action, to determine
whether they desire to be represented by the I. A. M. or by the
I. B. E. W. for the purposes of collective bargaining, or by neither,
and (2) among all remaining production and maintenance employees,
including inspectors, stock room employees, and receiving room em-
ployees, but excluding office and clerical employees, plant guards, engi-
neering department employees, foremen, and supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees or effectively recommend such
action, to determine whether they desire to be represented by the
I. A. M. or by the Carpenters-for the purposes of collective bargain-
ing, or by neither. Upon the results of these elections will depend
in part our determination of the appropriate unit or units. If a ma-
jority of the electricians selects the I. B. E. W. as their representative,
they will constitute a separate unit; if a majority in each voting group
chooses the I. A. M., the groups will together constitute a single unit.
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 Re-
lations Act, 49 Stat. 449, 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 representa-
tives for the purposes of collective bargaining with Laister-Kauff-
mann Aircraft Corporation, St. Louis, Missouri, 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 Fourteenth
See Matter of Consolidated i4trcraft Corporation , 46 N. L. R. B. 493.
• See Matter of Hughes Tool Company, 33 N. L . R. B. 1089 ; Matter of Colonial Sugars
Oomrpany, Gramercy Refinery, 39 N. L. R. B. 417; Matter of^ Ohio Ferro-Alloys Corporation,
41 N. L . R. B. 103; Matter of Sheffield Steel Corp. of Texas, 43 N. L. R. B. 956.
160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 10, of said Rules and
Regulations, among the following groups of employees who were
employed during the pay-roll period immediately preceding the date
of this Direction, incluling employees who did not work during such
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 :
(1) All electricians engaged in production and maintenance work,
excluding foremen and supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees or effectively recommend such action, to determine
whether they desire to be represented by International Association
of Machinists, District No. 9, or by International Brotherhood of
Electrical Workers, Local No. 1, A. F. of L., for the purposes of col-
lective bargaining, or by neither; and
(2) All remaining production and maintenance- employees, includ-
ing inspectors, stock room employees, and receiving room employees,
but excluding office and. clerical employees, plant guards, engineering
department employees, loft and template section employees, foremen,
and supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees or
effectively recommend such • action, to determine whether they desire
to be represented by International Association of Machinists, District
No. 9, or by United Brotherhood of Carpenters and Joiners of Amer-
ica, District Council of St. Louis, A. F. of L., for the purposes of
collective bargaining, or by neither.
CHAIRMAN MILLIs took no part ,in the consideration of the above
Decision and Direction of Elections.