Republic Aviation Corp.

National Labor Relations Board - Board Decisions

Aug 31, 1945

63 N.L.R.B. 770 (N.L.R.B. 1945)

In the Matter of REPUBLIC AVIATION CORPORATION and PLUMBERS
LOCAL 775, OF UNITED ASSOCIATION OF JOURNEYMEN, PLUMBERS AND
STEAMFITTERS, AFL
Case No. 2-R-5-578.-Decided August 31, 1945
Messrs. John J. Ryan and Clayton Ryle , of Farmingdale. N. Y.
Mr. Raymond S. Robertson, of Long Island, N. Y . for the Union.
Mr. Harold M. Humphreys , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Plumbers Local 775, of United
Association of Journeymen, Plumbers and Steamfitters, AFL, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Republic Avia-
tion Corporation, Farmingdale, New York, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Daniel Baker, Trial Examiner. Said
hearing was held at New York City on June 28, 1945. 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
I. THE BUSINESS OF THE COMPANY
Republic Aviation Corporation, a Delaware corporation, operates
plants at Evansville, Indiana, and Farmingdale, New York. This
proceeding involves the Company's Farmingdale plant, where it is
engaged in the manufacture of fighter aircraft for the United States
Government. The annual purchases of raw materials used at this
63 N. L. R. B., No. 113.
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REPUBLIC AVIATION CORPORATION 771
plant' mount in value to more than $1,000,000, of which approximately
50 percent is shipped from points outside the State of New York. For
a similar period the approximate value of the products finished at the
Farmingdale plant is in excess of $10,000,000, of which more than 50'
percent was shipped to points outside the State of New York.
The Company concedes that it is engaged in commerce within
the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Plumbers Local 775, of United Association of Journeymen, Plumb-
ers and Steamfitters, affiliated with the American Federation of Labor,
is a labor organization admitting to membership 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 its 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 hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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
In substantial accordance with the agreement of the parties and
upon the entire record, we find that all pipe fitters, plumbers, and
welder-mechanics in the pipe shop of the maintenance department
at the Company's Farmingdale plant, excluding all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
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-
"The Field Examiner reported that the Union submitted 26 authorization cards ; that
the names of 22 persons appearing on the cards were listed on the Company ' s pay roll of
May 3, 1945 , which contained the names of 22 employees in the appropriate unit ; and that
all the cards were dated in April 1945.
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772 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Republic Aviation
Corporation , Farmingdale , New York, 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 super-
vision of the Regional Director for the Second Region, acting in this
matter 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 pay-roll 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 Plumbers Local 775 , of United Association of Journeymen , Plumb-
ers and Steamfitters , AFL, for the purposes of collective bargaining.