Curtiss- Wright Corp.

National Labor Relations Board - Board Decisions

Jun 26, 1942

41 N.L.R.B. 1367 (N.L.R.B. 1942)

s
In the Matter- of CURTISS .WIGHT ,:CORPORATION and UNITED AUTO-
MOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORuERS OF
AMERICA, C. I. 0. LOCAL 753
In the Matter Of CURTISS-WRIGHT CORPORATION and ASSOCIATED
WELDERS 0F WESTERN NEW YORK, INC.
In the Matter of CURTISS-VVRIGHT CORPORATION and AIRCRAFT LODGE
#585, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Cases Nos. R-384.9, R-3843, and R 3844, respectively.Decided June
26, 194
Jurisdiction : airplane and airplane parts manufacturing industry.
Investigation and, Certification of Representatives : existence, of, question,: re-
fusal to accord any of petitioning unions recognition until certified by the
Board ; elections necessary.
Units Appropriate for Collective Bargaining : single or separate units compris-
ing (1) all welders and welders' apprentices, and all employees who join or
fuse metal by heat, excluding spot welders ; (2) all production and main-
tenance employees at Company's New York plants with specified inclusions
and exclusions ; determination, dependent upon results of elections ; where
history of collective bargaining in industry containing many instances of
industrial units, execution in plant in question of a contract covering an
industrial unit, and integration of plant's operations, supported an industrial
unit; and where the segregation of welders within the various departments
wherein they ,were located, thein separate supervision, differences in, wage
scales from other hourly employees, the skilled nature of their work, and
their separate organization despite absence of recognition, showed that they
could properly function as a separate unit.
Mr. Peter J. Crotty, of Buffalo, N. Y., for the Board.
Spence, Windels, Walser, Hotchkiss, and Angell by Mr. Thomas
Shaw Hale and Mr. Eric Nightingale, of New York City, for the
Company.
Leider, Witt and Cammer by Mr. Harold I. Cammer, of New York
City, and Mr. Maurice Sugar, of Detroit, Mich., for the C. I. 0.
Mr. Solomon Tully, of Buff alo, N. Y., for the Welders.
Mr. Daniel Shortal, of Buffalo, N. Y., for the A. F. of L.
Mr. George H. Gentithes, of counsel to the Board.
41 N. L. R. B., No. 245.
1367
1368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by United Automobile, Aircraft and
Agricultural Implement Workers of America, Local 753, affiliated
with the Congress of Industrial Organizations, herein called ' the
C. I. 0., by Associated Welders of Western New York, Inc., herein
called the Welders, and by Aircraft Lodge #585, International Asso-
ciation of Machinists, affiliated with the American Federation of
Labor, herein called the A. F. of L., each alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Curtiss-Wright Corporation, Buffalo, New York, -herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before R. M. Denham,
Trial Examiner. Said hearing was held in Buffalo, New York, on
May 20, 1942. The Company, the C. .L 0., the Welders, and the
A. F. of L. appeared, participated, and were afforded full oppor-
tunity 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 filed briefs which the Board has duly
considered. Upon the entire record in the case, the Board makes the
following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Curtiss-Wright Corporation is a Delaware corporation engaged at
plants in Tonawanda and Cheektowaga, New York, collectively re-
ferred to as the Buffalo plants) in the manufacture, sale and distri-
bution of airplanes and airplane parts. During the year 1941, the
Company used raw materials at its Buffalo plants valued at $7,350,-
250, of which approximately 91 percent was shipped to said plants
from States other than New York. During the same period, the
value of the Company's finished products amounted to $11,843,872.57,
of which more than 95 percent was shipped from the Buffalo plants
'After the close of the hearing , the welders bled with the Board a motion for a
rehearing , asserting that it had been denied a fair hearing by virtue of allegedly prej-
udicial rulings of the Trial Examiner. In view of our disposition , of the issues herein,
the rights of the welders have not been prejudiced . The motion is denied
CURTISS-WRIGHT CORPORATION 1369
to points outside the State of New York. The Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
- United Automobile, Aircraft and Agricultural Implement Workers
of America, Local 753, is a labor organization affiliated with the
Congress of Industrial Organizations.
Associated Welders of Western New York, Inc., is an unaffiliated
labor organization and Aircraft Lodge #585, International Associa-
tion of Machinists, is a labor organization affiliated with the American
Federation of Labor. All admit to membership employees of the
Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to recognize or to bargain collectively
with any of the petitioning unions until certification by the Board.
A statement.of the-Regional Director introduced in evidence at the
hearing and other evidence adduced at the hearing indicates that the
Welders, the A. F. of L., and the C. I. O. represent a substantial
number of employees in the unit each claims to be appropriate.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 National Labor
Relations Act.
IV. THE APPROPRIATE UNITS; THE DETERMINATION OF REPRESENTATIVES
The petitions of the C. I. O. and the A. F. of L. described vir-
tually identical units. During the course of the hearing these two
organizations and the Company stipulated that the appropriate unit
should consist of all the Company's production and maintenance em-
ployees in the Tonawanda and Cheektowaga plants, including inter-
plant drivers, shop clerks, cafeteria workers, working group leaders,
powerhouse engineers and other powerhouse employees, but excluding
office, clerical, engineering, time-study employees, foremen's clerks,
mold loft employees, watchmen and guards, first-aid employees, train-
2 The Regional Director reported that the Welders submitted two petitions dated March
30, 1942, containing 146 signatures , all appearing to be genuine and original One hun-
dred thirty eight are names appearing on the March 27, 1942, pay roll. The pay roll
lists 93 spot welders and 255 other welders.
The A. F of L. submitted 3,286 application-for-membership cards, of which 3,259 bore
apparently genuine original signatures , 533 were undated , while 2,726 were dated March
and April 1942. Two- hundred two of the cards were spot checked against the Company's
pay roll of March 27 , 1942, and 170 of these names were found on the pay roll. The C. I O.
submitted no evidence to the Regional Director as to the number of employees it repre-
sents , however, during the course of the hearing it offered approximately 2,800 cards.
As of May 1 , 1942 , the Company had 22,427 employees at the Buffalo plants.
1370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing school enrollees, and further excluding foremen, assistant fore-
men, and other supervisory employees.3 The Welders petitioned for
a unit consisting of welders, welders' apprentices, and all employees
who cut, join, or fuse metal by heat. During the course of the hear-
ing, the Welders made a motion that its definition of the unit be
changed to read as follows : "All welders and welders' apprentices and
all employees who join or fuse metal by heat, excluding those em-
ployees classified by the Company and known as spot welders." 4
The motion to amend is hereby granted.
The plant organization of the Company is such that with the excep-
tion of a small number of maintenance welders, all other welders are
interspersed among the other production employees. There is no
welding department as such physically segregated from the other
departments.5 Welders have the same working hours as their fellow
employees, and the same vacations. There is no separate seniority
scheme for welders as such. Their wages are keyed according to a
company scale of skills." Welders within a certain skill grade receive
approximately the same wages as the other workers and craftsmen
in that grade. Bonuses are paid according to departments and not
according to trades. The history of collective bargaining in the in-
dustry contains many instances of industrial units. In the Buffalo
plants themselves, this history dates back to 1933 when a contract was
signed with an A. F. of L. affiliate covering an industrial unit. This
history, combined with the facts recited above, supports the industrial
unit sought by the Company, the C. I. 0., and the A. F. of L. Other
factors, however, favor a separate welders' unit.
The welders although employed in several departments, are segre-
gated within those departments into sections of their own wherein
are located their working benches and tools. Here they report for
duty and receive the work to be performed by them under the super-
vision of a general welders' foreman assisted by three foremen.
Orders are received exclusively through these supervisors who are
solely in charge of welders and in no instance from the foreman of
the department in which they may be employed. A separate wage
scale for welders exists with rates somewhat higher than most other
hourly employees. The testimony indicates that several welding
methods are employed by the use of a number of different metals from
all three of the welding positions and that a test for each alloy must
3 During the course of the hearing , supervision as employed by the Company was defined
as that group with rank of foremen or higher who wear buttons labeled "Supervision."
4 Spot welders are distinguished from other types of welders in that the welding they
perform is purely mechanical , that is, by the operation of a welding machine rather than
by the skillful employment of welding ' tools.
'Arc welders are the sole exception , being physically separated from their fellow em-
ployees by booths constructed of a 7 by 8 feet steel wall frame.
6 There are 10 grades designated numerically , in descending order of skill , from 1 to 10.
Welders are classified in grades 4, 5, and 7.
CURTISS-WRIGHT CORPORATION 1371
be passed before that degree of skill and proficiency required by the
Company and the Welders has been attained. Furthermore, in addi-
tion to a skillful use of welding tools, an ability to read blueprints,
as well as a knowledge of metallurgy, are involved. Welding is
strictly limited to welders who are defined by the Company as
"simple," "complicated," and "all-round." Almost 3 years are neces-
sary for a "simple" welder to advance through "complicated" to "all-
i ound" under company regulations, while the Welders' constitution
requires a 3-year apprenticeship for eligibility to membership. Spe-
cial protective apparatus including respirators, gloves, aprons, and
masks are necessary for the welders to safeguard themselves against
burns, rays, and other dangers that constantly surround their work.
Although recognition had never been accorded the Welders as such,
by the Company, it appears that the welding employees have beer
separately organized by the Welders since 1935. We find, therefore,
that all welders and welders' apprentices and all employees who join
or fuse metal by heat, excluding those employees classified by the
Company and known as spot welders, could properly function as a
separate bargaining unit or as part of a plant-wide unit 7 Under
these circumstances, we shall make no final determination of the ap-
propriate unit but shall permit the scope of the unit or units to
depend in part upon the results of elections.8
We shall direct that the questions concerning representation which
have arisen 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 our
Direction of Elections subject to the limitations and additions set
forth therein: (1) among all welders and welders' apprentices, -and
all employees who join or fuse metal by heat, excluding those em-
ployees classified by the Company and known as spot welders, to
determine whether they desire to be represented by the C. I. 0., the
A. F. of L., the Welders, or by none of these organizations, and (2)
among all of the Company's production and maintenance employees
at the Tonawanda and Cheektowaga, New York, plants, including
interplant drivers, shop clerks, cafeteria workers, working group
leaders, powerhouse engineers , and other powerhouse employees, and
° See Matter of National Aniline Division, Allied Chemical and Dye Corporation and
District 50, United Mine Workers of America, Local 12330 and Associated Welders of
Western New York, Inc., 40 N. L. R. B . 1351; Matter of North American Aviation.
Inc., and United Automobile Workers of America Local No. 328, C. I. C. and United
Aircraft Welders of America Independent, 13 N. L. R. B. 1134 ; Matter of Ryan Aero-
nautical Company and United Aircraft Welders of Ame)ica, Ind., 15 N. L. R. B. 812;
Matter of The Douglas Aircraft Co ., Inc., and United Aircraft Welders of America (Inde-
pendent ) 16 N L. R B. 93.
8 See Matter of Globe Machine and Stamping Company and Metal Polishers Union,
Local No. 3 ; International Association of Machinists , Distract No 544 ; Federal Labor
Union 18788 and United Automobile Workers of America , 3 N. L. R. B 294.
1372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
spot welders, but excluding office, clerical, engineering, time-study
employees, foremen's clerks, mold loft employees, watchmen and
guards, first-aid employees, training school enrollees and further ex-
cluding foremen, assistant foremen and other supervisory employees,
to determine whether they desire to be, represented by the A. F. of L.,
the C. I. 0., or neither.
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
Relations Act and pursuant to Article III, Section 8, of the National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Curtiss-Wright Corporation, Buffalo, New York, 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 Third 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 :
1. Among 'all welders and welders' apprentices and all employees
who join or fuse metal by heat employed by the Company 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 those employees classified by the Company and known
as spot welders, to determine whether they desire to be represented
by the United Automobile, Aircraft and Agricultural Implement
Workers of America, Local 753, affiliated with the Congress of In-
dustrial Organizations, the Aircraft Lodge #585, International As-
sociation of Machinists, affiliated with the American Federation of
Labor, the Associated Welders of Western New York, Inc., or by
none.
2. Among all of the Company's production and maintenance em-
ployees at the Tonawanda and Cheektowaga, New York, plants, who
were employed during the pay-roll period immediately preceding the
date of this Direction of Elections, including interplant drivers, shop
clerks, cafeteria workers, working group leaders, powerhouse en-
gineers and other powerhouse employees, spot welders, and employees
who did not work during such pay-roll period because they were ill
CURTISS-WRIGHT CORPORATION 1373
or on vacation or in the active military service or training of the
United States, or temporarily laid off, but excluding office, clerical,
engineering, time-study employees, foremen's clerks, mold loft em-
ployees, watchmen and guards, first-aid employees, training school
enrollees, and further excluding foremen, assistant foremen, other
supervisory employees, and welders, welders' apprentices, and all
employees other than spot- welders who join or fuse metal by heat,
and those employees who have since quit or been discharged for cause
to determine whether they desire to be represented by the Inter-
national Association of Machinists, affiliated with the American Fed-
eration of Labor, or by the United Automobile, Aircraft and Agri-
cultural Implement Workers of America, Local 753, affiliated with
the Congress of Industrial Organizations, for the purposes of col-
lective bargaining or by neither.