Douglas Aircraft Co., Inc.

National Labor Relations Board - Board Decisions

Jan 11, 1945

59 N.L.R.B. 1515 (N.L.R.B. 1945)

In the Matter of DOUGLAS AIRCRAFT COMPANY, INC., SANTA MONICA
PLANT and LOCAL UNION B-11, INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, A. F. L.
Case No. V-R-2523.-Decided January 11, 1945
Messrs. Louis Lieber and A. C. Galbraith, of Santa Monica, Calif.,
for the Company.
Messrs. C. DeMontreville and Jack Smith, of Los Angeles, Calif.,
and Mr. Theodore Nielsen, of Santa Monica, Calif., for the Union.
Mr. Harry Nathanson, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by Local Union B-11, International
Brotherhood of Electrical Workers, A. F. L., herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Douglas Aircraft Company, Inc.,
Santa Monica Plant, Santa Monica, California, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Charles M. Ryan, Trial Examiner.
Said hearing was held at Los Angeles, California, on November 24,
1944. 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 af-
forded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Douglas Aircraft Company, Inc., is a Delaware corporation with
its principal place of business located at Santa Monica, California.
' Although duly served with Notice of Hearing, the following organizations failed to
appear : International Association of Machinists ; United Automobile, Aircraft & Agricul-
tural Implement Workers of America ; Central Labor Council ; and Los Angeles Independent
Union Council.
59 N. L. R. B., No. 277.
1515
1516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
It is engaged in the manufacture of aircraft and aircraft parts. In
the course and conduct of its business, the Company operates several
plants in the State of California and in other States of the United
States. We are concerned herein with the plant of the Company lo-
cated at 3000 Ocean Park Boulevard, Santa Monica, California, desig-
nated as the Santa Monica plant. The Company purchases for use at its
California plants raw materials annually valued at approximately
$70,000,000, of which approximately 93 percent is purchased from
sources located outside the State of California. The Company pro-
duces at its California plants aircraft and aircraft parts annually
valued at more than $180,000,000, almost all of which is produced for
delivery to points outside the State of California.
The company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local Union B-14 International Brotherhood of Electrical Workers,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company..
III. THE ALLEGED APPROPRIATE UNIT
The Union seeks a unit of all hourly paid telephone switchboard
operators "A" and "B," telegraph and teletype operators, department
clerks "A" and "B," and accounting clerks "A," employed at the Com-
pany's Santa Monica plant, excluding group leaders and all other
supervisory employees. The Company disputes the appropriateness
of this unit, contending that (1) the employees sought to be included
are ineligible to membership in the Union, (2) their work is of a
confidential nature, and (3) similar categories of employees working
in outlying locations of the Santa Monica plant are not included in
the unit sought.
The Company's communications department, known as Department
302, includes telephone switchboard operators "A" and "B," telegraph
and teletype operators, department clerks "A" and "B," and account-
ing clerks "A" at the Santa Monica plant and at its outlying locations
as well 2 Switchboard operators "A" and "B" operate the multiple
and auxiliary switchboards and the teletypewriters.s Department
clerks "A" and "B" record departmental data. Accounting clerks
"A" perform general clerical duties involving general accounting, cost
2 The outlying locations comprise nine plants , of which the most distant is approximately
18 miles from the Santa Monica plant.
8 It appears that telegraph and teletype operators are edibraced by the classifications
"telephone switchboard operators 'A' and `B'."
DOUGLAS AIRCRAFT COMPANY, INC. 1517
accounting, pay-roll work, auditing, and bookkeeping. An "A"
classification receives more pay than a "B" classification.4
There are approximately 41 employees in Department 302 who
work at the Santa Monica plant and approximately the same number
in that department who work at the outlying locations. The Union
seeks to represent only the former. However, they are all under the
supervision of the manager of communications who is in charge of
Department 302. Moreover, the record discloses that all similarly
classified employees in Department 302 enjoy substantially the same
wages and working conditions. In addition, there are frequent trans
fers of employees in this department between the Santa Monica plant
and the outlying locations, all employees in the department are hired
at the Santa Monica plant, and there is department-wide seniority.
In view of the foregoing facts, we find that the unit proposed by
the Union is inappropriate. We shall, therefore, dismiss the petition
herein.
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since, as found in Section III, above, the bargaining unit sought
by the Union is inappropriate, we find that no question has arisen
concerning the representation of employees of the Company within
the meaning of Section 9 (c) of the National Labor Relations Act.
ORDER
IT is HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees of the Douglas Aircraft
Company, Inc., Santa Monica Plant, Santa Monica, California, filed
herein by Local Union B-11, International Brotherhood of Electrical
Workers, A. F. L., be, and it hereby is, dismissed.
MR. GERARD D. RmLLY took no part in the consideration of the
above Decision and Order.
4 Although the Company contends that these employees are ineligible for membership in
the Union , the Union asserts that they are. In any event, we do not regard this matter as
germane to the issue of the appropriate unit. See Matter of Grand Rapids Fiber Cord
Company, 56 N. L. R. B. 543. Furthermore, we do not agree that these employees should
be excluded from any unit for the reason that they have access to confidential information.
It is apparent from their duties that they do not bear a confidential relationship to man-
agement, as such, and that they are merely clerical employees . See Matter of Spicer
Manufacturing Corporation , 55 N. L. It. B. 1491.