56 N.L.R.B. 1334 (N.L.R.B. 1944)

Curtiss-Wright Corp.

National Labor Relations Board - Board DecisionsJun 9, 1944

56 N.L.R.B. 1334 (N.L.R.B. 1944)

In the Matter Of CIIRTISS_1VRIGHT CORPORATION and AIRCRAFT LODGE #585, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR In the Matter Of CIIRTISSJVRIGHT CORPORATION and INDUSTRIAL DIS- TRICT LODGE #585, INTERNATIONAL ASSOCIATION OF - MACHINISTS, AFFILIATED-WITH THE A. F. OF L. Cases Nos. R-3844 and 3-R-78., respectively SUPPLEMENTAL DECISION AND AMENDMENT TO CERTIFICATION OF REPRESENTATIVES -June 9, 1944 On August 29, 1942, the Board issued a Supplemental Decision and Certification of Representatives,' certifying that in an election con- ducted by secret ballot pursuant to the Decision and Direction of Elec- tions in Case No. R-3844 herein,2 Aircraft Lodge #585, International Association of Machinists, affiliated with the American Federation of Labor, herein called the IAM, had been designated and selected by a majority of the employees, within, the unit found appropriate in the aforesaid Decision as their exclusive representative for the purposes of collective bargaining.3 On April 18, 1944, following an election by secret ballot conducted pursuant to a Stipulation for Certification- Upon Consent Election -(Case No. 3-R-782) entered into on March 29, 1944, by the Company and Industrial District Lodge #585, 'Inter- national Association of Machinists, affiliated with the A. F. of L.,4 herein called the IAM, the Board certified the IAM as the exclusive ' 43 N L R B. 795. _ 2 41 N L R B 1367. 2 The unit therein found appropriate consisted of all production and maintenance em- ployees employed by Curtiss-Wright Corporation at its Tonawanda and Cheektowaga, New Yoi'k, plants, including interplant drivers, shop clerks , cafeteria workers , working group leaders, powerhouse engineers and, other, powerhouse employees , and 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 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 Aircraft Lodge ##585, International Association of Machinists , affiliated with the Amer- ican Federation of Labor, certified in Case No . R-3844, is the same union as Industrial District Lodge ## 585 , International Association of Machinists , affiliated with the A. . F. of L., certified in Case No 3-R-782. . 56 N. L. R. B., No. 236. , - ' ,1334 ; P CURTISS-WRIGHT CORPORATION ' 1335 bargaining representative of a unit comprising all plant-protection firemen in the Company's Buffalo and vicinity plants,5 excluding the Chief and assistant chiefs and all supervisory employees with author- ity to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. The aforesaid Stipulation contained the following provision : "The em- ployer and the Union hereby agree that if the Union is certified by the' Board as exclusive bargaining agent for the unit as a result of the election provided for in this agreement, the employer and the Unibn will thereafter jointly petition the Board to consolidate the unit pro- vided for herein with the unit for which the Union has been certified in Case R-3844, in the Matter of Curtiss-Wright Corporation and Air- craft Lodge #585, International Association of Machinists, affiliated with the American Federation of Labor, and request that the Board amend its certification in Case No. R-3844 to that effect." On May.22, '1944, pursuant to said provision, the Company and the IAM filed a joint petition, stating that collective bargaining' could be more effec- tively conducted if the unit established in Case No. R-3844 were con- solidated with the unit established by stipulation in Case No. 3-R-782, and requesting the Board to amend the Certification in Case No. R-3844 to accomplish the desired consolidation. The Board has considered the joint petition and is satisfied that the consolidation of the two units will achieve a more effective collective' bargaining relationship. Accordingly, the certification in Case No. R-3844 will be hereinafter amended to that effect. AMENDMENT TO CERTIFICATION OF REPRESENTATIVES The Certification of Representatives in Case No. R-3844 is hereby amended as follows : between the word "including" and the words 6'interplant drivers" are hereby inserted the words "all plant protection firemen (except the chief and assistant chiefs)." ` MR. GERARD D. REILLY took no part in the consideration of the above Supplemental Decision,and Amendment to Certification 'of Repre- sentatives. These plants are the same as those involved in Case No . R-3844.