Lockheed Aircraft Corp.

National Labor Relations Board - Board Decisions

Jun 29, 1943

50 N.L.R.B. 958 (N.L.R.B. 1943)

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In the Matter of LOCKHEED AIRCRAFT CORPORATION AND VEGA AIR-
CRAFT CORPORATION and AERONAUTICAL INDUSTRIAL DISTRICT LODGE
No. 727, INTERNATIONAL ASSOCIATION OF MACHINISTS
Case No. R-5385.-Decided June 29, 1943
O'Melrveny dl Meyers, by Mr. Homer S. Mitchell of Los Angeles,
Calif., and Mr. R. B. Robertson, of Burbank, Calif., for the
Companies.
Messrs. Thomas E. McNett and R. R. Smith, both of Burbank,
Calif., for the Union.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon' a petition duly filed by Aeronautical Industrial District
Lodge No. 727, International Association of Machinists, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Lockheed Aircraft
Corporation and Vega Aircraft Corporation, both of Burbank, Cali-
fornia, herein called the Companies, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
George H. O'Brien, Trial Examiner. Said hearing was held at Los
Angeles, California, on May 14, 1943. The Companies and the Union
appeared, participated, and were afforded full opportunity to be
heard, to examine and "cross-examine witnesses, and to introduce evi-
dence 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 'opportunity to file briefs with the Board.
On May 28, 1943, the Companies filed a brief which the Board has
considered.
Upon the entire record in the case, the Board makes the following:
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FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
Lockheed Aircraft Corporation, herein called Lockheed, a Cali-
fornia corporation with its principal office in Burbank, California,
owns and operates seven plants and one warehouse within the State
50 N. L. R. B., No. 135.
958
LOCKHEED AIRCRAFT CORPORATION 959
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of California at which one or more firemen, the employees here in-
volved, are stationed. Vega Aircraft Corporation, herein called
Vega, also a California corporation with its principal office in Bur-
bank, California, is a wholly owned subsidiary of Lockheed Aircraft
Corporation. Vega operates three plants and one warehouse in the
State of California at which firemen are stationed. Both companies
are engaged in the manufacture and sale of airplanes and parts.
During the fiscal year ending June 30, 1941, the Companies pur-
chased raw materials amounting in value to more than $50,000,000,
approximately 85 percent of which was shipped to the Companies'
California plants from points outside the State of California. Dur-
ing the same fiscal period total sales of the two companies exceeded
$85,000,000, more than 90 percent of which was sold and shipped to
points outside the State of California. Since that time, the Com-
panies' volume of business has greatly increased.
We find that the Companies are engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Aeronautical Industrial District Lodge No. 727, International As-
sociation of Machinists, at the time of the hearing affiliated with the
American Federation of Labor, is a labor organization admitting to
membership employees of the Company.'
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that on March 26, 1943, the Union requested,
that the Companies recognize it as the exclusive bargaining repre-
sentative of the firemen employed by the Companies in their Cali-
fornia plants, and that the Companies have refused to grant such
recognition until the Union is certified by the Board in an appropri-
ate unit.
A statement of the Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found
appropriate.2
We find that ^a question affecting commerce has arisen concerning
the representation of employees of the Companies, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union, which has represented the production and mainte-
nance employees of the Companies since 1937, seeks a unit consisting
On May 31, 1943, the International Association of Machinists withdrew from the
American Federation of Labor.
2 The Field Examiner reported that the Union submitted 60 application and authoriza-
tion cards bearing apparently genuine signatures of persons listed on the Company's pay
rolls of April-27, 1943, which contained the names of 149 employees in the appropriate unit.
960 DIEICISIONIS OF NATIONAL LABOR RELATTONN'S BOARD
of all firemen employed by the Companies in their various plants and
warehouses located in the State of California. The Companies con-
tend that no unit of firemen is appropriate, on the ground that
firemen are not employees within the meaning of, the Act, but are
a part of the management of the Companies, and on the further
ground that' by the terms of the present contract between the Union
and the Companies, dated September 15, 1941, which specifically
excluded firemen from the unit, the Union agreed not to represent
firemen in collective bargaining. The parties are agreed, -however,
that if an election is directed, the appropriate unit should consist
of all firemen, and/or fire fighters employed by the Companies in
the State of California, excluding fire chiefs, fire captains, lieuten-
ants, and monthly salaried officers as defined in the Fair Labor
Standards Act.
The duties of firemen are to extinguish fires and do -fire prevention
work as well. They patrol the premises to watch for and report
fire hazards; maintain and operate fire trucks and 'other fire fighting
equipment; organize and train volunteer fire brigades, consisting of
employees of the Companies; and direct the activities of such volun-
teer brigades if their services are needed.
The Fire Department employees, investigators, traffic directors,
and plant guards make up the Plant Protection Department. The
Fire Department is headed by .a fire chief, responsible to the plant-
protection manager. In each plant, the Fire Department is super-
vised by a captain or a lieutenant, depending upon the number of
employees in the Department.
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The Companies contend that firemen cannot constitute an appro-
priate unit on the ground that firemen are an arm of management.
In disposing of this contention, it is relevant to consider the Com-
panies previous position on the question. When contractual relations
were established with the Union in 1937, firemen were not eligible to
membership in the Union and were specifically excluded from the
contract. The succeeding contracts continued to exclude firemen.
It appears, however, that for several years both the Union and the
Companies have considered firemen and guards as employees entitled
to the same rights and privileges as production and maintenance em-
ployees insofar as their relationship with management is concerned.
Thus, the Union has actually bargained with the Companies on behalf
of firemen and guards since 1941. In December 1941, the Companies
officially notified their guards and firemen that although the Union
was not their bargaining representative, the Companies and the Union
had agreed to permit the guards and firemen to make use of the griev-
ance machinery established in the contract. Three months later, the'
Union bargained for'a wage increase on behalf of the firemen and
guards. The Union now admits firemen to membership. '
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LOCKHEED AIRCRAFT CORPORATION 961
Furthermore, firemen are in no sense comparable to true supervisory
or managerial employees .3 When a fireman observes a fire hazard,
he calls it to the attention of the production or -maintenance employee,
who is responsible for the condition. If this procedure does not result
in the elimination of the hazard, he reports the condition to *hi's lieu-
tenant or captain,. who takes up the matter with the superior of the
employee responsible therefor. Firemen have no power to discipline,
discharge, or to recommend such action. Although they supervise
auxiliary firemen, their disciplinary power over the auxiliary firemen
is limited to removing them from their, positions as members of the
volunteer fire brigade. Such action does not affect the employee
status of the auxiliary firemen.
The Companies' other contention is that the exclusion of_ firemen
from the unit established in the Union's contract constitutes an agree-
ment by the Union not to represent such employees. We see no merit
in this contention. The contract merely excluded firemen from the
production and maintenance unit. The Union did not agree not to
represent firemen in a separate bargaining unit. We have frequently
found appropriate separate units of plant-protection employees even
though they may be represented by the union which represents the
production and maintenance employees in a unit from which plant-
protection employees were expressly excluded 4 Moreover, we have
previously found appropriate, under similar circumstances, a ,unit of
firemen in an aircraft plant.5 Our reasoning in those cases is con=
trolling here.
In accordance with the stipulation of the parties and the fore-
going conclusions, we find that all firemen and fire fighters employed
by the Companies in their plants and warehouses in the State, of
California, excluding fire chiefs, fire captains, lieutenants, and any'
other employees with power to hire, discharge, discipline, or other-
wise effect changes in the status of other employees, or effectively, "
to recommend,such action, constitute a unit appropriate for the pur-
poses 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-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date, of the -Direction of Elec-
' Cf Matter of Maryland Drydock Company, 49'N L' R B 733
'See Matter Hof Chrysler Corporation , Highland Pai k Plant , 44 N L R B E81 ; Matter
of Consolidated Aircraft Corps, 48'N L R. B, 106
Matter of Consolidated Aircraft Corp , Ibid: See also Matter of A)mour if Company.
42 N L R B 495; Matte of Bethlehem Steel Company, Stattei Island Yard, 50 N L R B.
790.
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962 DiE!CISIONS OF NA(PIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act, 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 Lockheed. Air-
craft Corporation and Vega Aircraft Corporation, both of Burbank,
California, 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, supervision of the Regional Direc-
tor for the Twenty-first Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III,
Section 10, 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, 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 those
employees who have since quit or been discharged' for cause, to de=
termine whether or not they desire to be represented by Aeronautical
Industrial District Lodge No. 727, International Association of
Machinists, for the purposes of collective bargaining.
CHAIRMAN Muias took no -part in ' the consideration of the above
Decision and Direction'of Election.
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