Northrop Aircraft, Inc.

National Labor Relations Board - Board Decisions

Mar 13, 1945

60 N.L.R.B. 1181 (N.L.R.B. 1945)

In the Matter of NORTHROP AIRCRAFT,'INC. and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, UAW-CIO
Case No. 21-R-2539.Decided March 13, 1945
O'Melvevvy cC Myers, by Mr. Graham Sterling, of Los Angeles,
Calif., and Mr. Robert Davies, of Hawthorne, Calif., for the Company.
Katz, Gallagher & Margolis, by Mr. Milton J. Tyre, of Los Angeles,
Calif., for the CIO.
Mr. E. R. White, of Los Angeles, Calif., for the AFL.
Miss Ruth Rusch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural- Implement Workers of America,
UAW-CIO, herein called the CIO, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Northrop Aircraft, Inc., Hawthorne, California, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before William B. Esterman, Trial
Examiner. Said hearing was held at Los Angeles, California, on
'January 16,1945. The Company, the CIO, and International Associa-
tion of Machinists, AFL, Aeronautical District Lodge No. 22, herein
called the AFL, 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.2 All parties were afforded an opportunity to file
briefs with the Board.
1 At the beginning of the hearing , the Trial Examiner granted a motion to intervene
made by the AFL
2 The parties stipulated that certain typographical errors in the transcript of the hear-
ing be corrected The stipulation is hereby approved and it is hereby ordered that the
record be corrected accordingly.
60 N. L. R B., No. 201.
1181
1182' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a California corporation with several plants lo-
cated in Southern California, where it is engaged in the design, manu-
facture, and sale of aircraft and aircraft parts. During the year
ending July 1944, the Company purchased raw materials and equip-
ment amounting to $16,992,000, of which approximately 70 percent
came from sources outside the State of California. For the same
period, the Company sold products amounting to $88,045,000, of which
88 percent was shipped 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 ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company. -
International Association of Machinists, Aeronautical District
Lodge No. 22, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO as the
exclusive bargaining representative of certain of its employees until
the CIO has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the CIO represents a substantial number of
employees in the unit hereinafter found appropriate.3
O The Field Examiner reported that the CIO submitted authorization cards and dues
records corresponding in number to 54 percent of the employees in the alleged appropri-
ate unit. A spot check revealed that 29.6 percent of the names appearing on the Com-
pany's pay roll of November 27, 1944, in the aforesaid unit appeared on the cards. The
cards were dated between January and December 1944 and 1 percent was undated.
The AFL submitted authorization cards numbering 14 3 percent of the unit alleged to
be appropriate by the CIO . A spot check revealed that 9 . 8 percent of the names listed on
the above -mentioned pay roll appeared on the cards . The cards were dated in November
and December 1944 and some were undated.
At the hearing, the Trial Examiner granted the CIO's motion to amend its petition in
order to include the employees of the Company 's Olympic plant in the unit . The parties
.stipulated that the showing would be the same if additional cards were submitted in the
expanded unit.
NORTHROP AIRCRAFT, INC., 1183
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
Both the CIO and AFL seek to represent a unit composed of all
hourly paid production, maintenance, and warehouse employees at
the Company's main plant, Broadway plant, and Crenshaw plant,
all of which are located at Hawthorne, California, and at its Olympic
plant in Los Angeles, California.' The Company is in substantial
agreement with the two unions as to the scope and composition of
the appropriate unit. The parties stipulated to include the job classi-
fications set forth in Appendix A and to exclude the categories set
forth in Appendix B,5 and we see no reason to disapprove these stipu-
lations. The only dispute concerns leadmen; both unions request the
inclusion of the leadmen and the Company desires their exclusion,
contending that they are supervisory employees.
There are several levels of authority in the Company's supervisory
hierarchy, namely, department heads, who are supervisors responsible
for their own particular departments on all shifts; shift heads, or fore-
men, each of whom is held accountable for his department on his re-
spective shift; and assistant shift heads, or assistant foremen, who
are responsible for all activities in their portions of the department.
All parties agree that the foregoing supervisors shall be excluded
from the unit. The group heads, or leadmen, with whom we are con-
cerned in the instant proceeding, are subordinate to the assistant fore-
men. The jobs of the Company's leadmen are set up in conformity
with a uniform job description for leadmen working in Southern Cali-
fornia aircraft plants, promulgated by the West Coast Aircraft Com-
mittee of- the War Labor Board. This uniform description states
that leadmen are the heads of groups of no more than 20 production
workers; that they "[spend] the major portion of their time in work
similar to that performed by [their] group"; and that "leadmen shall
not pass upon wages, employment or discharge of employees." The
Company's leadmen direct the work of groups of employees averaging
16 in number. They demonstrate the work, and train and instruct
4 At the 'hearing , the parties agreed to exclude the employees in the Northrop-Heady
Company which is owned jointly by the Company and by Joshua Hendy Iron Works of
Northern California . The employees in this plant are engaged in engineering develop-
ment and research and are not classified in categories similar to those at the Company's
other plants.
5
At the hearing, the CIO reserved its position with respect to stipulating the inclusion
of the classification of Salvage Inspector A and B Since no evidence was adduced to
clarify, its position, we shall include this classification, which is listed on Appendix A.
1184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the employees in their respective groups.° They are hourly rated like
the production workers, receiving, as a rule, 10 cents,per,hour,more
than their highest paid subordinates. The assistant foremen and
-higher supervisory employees are salaried. Leadmen's identification
badges resemble those of the production employees rather than those
of the supervisors. They are restricted, like production and main-
tenance workers, and unlike the supervisors, from entering certain
areas of the plant.
It is clear and undisputed that leadmen have no power to hire, dis-
charge, discipline, or effect changes in the status of subordinates. The
Company claims that leadmen are, nevertheless, supervisors possessing,
at least, authority to make effective recommendations respecting the
status of other employees. The Company's administrative directive
or job description characterizes both leadmen and higher supervisors
as "members of management." 7 The Company stresses the fact that
leadmen participate in training courses, of which 5 out of 17 are espe-
cially designed to train supervisors. As to leadmen's power to recom-
mend, the Company's administrative directive indicates that leadmen
do not initiate proposals for hire, discharge, discipline, promotion, or
other changes in status of subordinate employees. This directive speci-
fies that "where requested," a leadmen "will report the ability and
progress of group members to his superior," and the testimony shows
that in practice leadmen do no more than express their opinions or
report facts, when solicited by their superiors, as to the ability, apti-
tude, and performance of the employees whom they direct and in-
struct. Leadmen do not settle even minor grievances, which can be
settled by assistant foremen. More serious grievances are settled, and
final decisions as to the hire, discharge, discipline, and change in status
of employees are made, at levels above both leadmen and assistant
foremen. In consideration of all the foregoing facts, we find that
leadmen do not possess substantial supervisory authority and we shall
include them in the unit."
The parties stipulated that unclassified trainees who had not been on
the Company's pay roll prior to their employment as trainees should
be excluded from the unit, but that those who had worked for the
Company and were being retrained for new jobs within the unit
should be included. The parties indicated that they do not intend
The afore-mentioned west Coast Aircraft Committee's job description provides that
"similar work shall be construed to include time spent in guidance of employees on the job
or in performing work demonstrations
We do not regard this characterization as controlling since our determination as to, the -
status of leadmen depends upon the evidence as to their duties and the power and authority
which they exercise
8 Matter of Hughes Aircraft Company, Inc, 53 N L R. B 194 ; Matter of Douglas Air-
craft Company , Inc., 53 N L R . B. 486 , Matter of Douglas Aircraft Company , Inc , 53 N L.
R B 1353, Matter of Douglas Aircraft Company , Inc (Long Beach Plant ), 54 N L R B.
67, Matter of Douglas Aircraft Conimpany, Inc, 54 N L R B 1448.
NORTHROP AIRCRAFT, INC. 1185
to include unclassified. trainees for those jobs which are outside the
bargaining unit. We shall, therefore, include only those trainees who
are being retrained 'for positions which are within- the scope, of ,the
appropriate unit.
- We find, in accordance with the stipulation of the parties and our
foregoing determination, that all hourly paid production, mainte-
nance, and warehouse employees, including all employees listed on
Appendix A, leadmen, and employees who are being retrained for any
of the, foregoing positions, but excluding administrative and profes-
sional employees, all employees listed on Appendix B, all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, trainees not previously in the employ of the
Company, and employees .who, are being retrained for any -of the fore-,
going excluded positions, 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-
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 Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Northrop Air-
craft, Inc., Hawthorne, California, an election by secret ballot shall
be conducted as early as possible, but not later than sixty (60) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Twenty-first 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 said pay-roll period because they were ill or on vacs-
628563-45-voI 60-76 -
1186, DECISIONS OF .NATIONAL LABOR RELATIONS BOARD
tion 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 dis-
charged for-cause and have not been rehired or reinstated prior to the
date of the election, to determine whether they desire to be repre-
sented by International Union, United Automobile, Aircraft & Agri-
cultixral Implement Workers of America, UAW-CIO, or by, Interna-
tional Association of Machinists, A. F. of L., Aeronautical District
Lodge No. 22, for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
-APPENDIX A-INCLUSIONS
Anodizer A & B
Assembler-Electrical and Radio A, B, & C
Assembler-General A, B, & C
Assembler-Precision Bench A, B, & C
Blacksmith A, B, & C
Boring Machine Operator-Semi-Automatic A & B
Boring Mill Operator A & B
Buffer and Polisher A, B,-& C
Cable Splicer A, B, & C
Cabinet Maker A, B, & C
Carpenter-Maintenance A, B, & C
Coverer-Fabric A & B
Crater A & B
Crowning Machine Operator A, B, & C
Die Finisher A, B, & C
Draw Bench Operator A & B
Drill Press Operator A, B, & C
Drop Hammer Operator A, B, & C
Duplicating Machine Operator A & B
Electrician-Maintenance A, B, & C
Electroplater A & B
Engine Lathe Operator A, B, & C
Filer and Burrer A
Form Block Maker-Metal and Wood A, B, & C
Form Builder-Wood A, B, & C
Forming Roll Operator A & B
Grinding Operator A, B, & C
Heat Treater-Aluminum Alloy A, B, & C
Heat Treater-Steel A, B, & C
Helper-General A
NORTHROP AIRCRAFT-'INC.
Hydraulic Str. & Forming Press Operator A, B, & C
Hydro Press Operator A & B
Inspector-Detail A, B, & C
Inspector-Experimental A, B, & C -
Inspector-Final Assembly A, B, & C
Inspector-General Assembly A, B, & C
Inspector-Machine Parts A, B, & C
Inspector-Outside Production A
Inspector-Precision Assembly A, B, & C
Inspector-Receiving A, B, & C
Inspector-Salvage A & B
Inspector-Service and Flight A, B, & C
Inspector-Shipping A, B, & C
JOB TITLE
Inspector-Templates A, B, & C
Inspector-Tooling A, B, & C
Inspector-Welding A, B, & C
Installer-Armament A, B, & C
Installer-Controls A, B, & C
Installer-Electrical A, B, & C
Installer-General A, B, & C
Installer-Hydraulics A, B, C
Installer-Power Plant A, B, & C
Janitor A
Jig Borer Operator A
Jig Builder A, B, & C
Laborer A
Machinist-Bench A, B, & C
Machinist-General A
Machinist-Precision A
Mechanic-Automotive A, B, & C
Mechanic-Experimental A, B, & C
Mechanic-Field and Service A, B, & C
Mechanic-Maintenance A, B, & C
Metal Fitter A, B, & C
Milling Machine Operator A, B, & C
Millman-Wood A & B
Model Builder A, B, & C
Molder-Aircraft A, B, & C
Oiler-Maintenance A
Overhead Crane:Operator A & B
Painter-Aircraft A, B, & C
Painter-Maintenance A, B, & C
1187
1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Parts Handler A
Pattern Maker-Metal and Wood A, B, & C
Pattern Maker-Plaster A, B, & C
Pipefitter'Mai ntenance A, B; & C
Planer OperatorA & B
Planishing Hammer Operator A & B
Plexiglass Former A & B
Plumber-Maintenance A. B, & C
Power Braker Operator A, B, & C
Power Hammer Operator A & B
Power Shear Operator A, B, & C
Punch Press Operator A, B, & C
Radial Drill Press Operator A, B, & C
Riveter A, B, & C
Rivet Header Machine Operator A
Router Operator A, B, & C
Saw Operator A & B
Screw Machine Operator (Automatic) A, B, & C
Sewing Machine Operator A & B
Shaper Operator A & B
Sheet Metal-Worker-Bench A, B, & C
Sheet Metal Worker-Maintenance A, B, & C
Sign Painter A & B
Slotter Operator A & B
Small Tool Repairman A, B, & C
Spot Welder- A, B, & C
,Tank Cleaner and Tester A & B
Template Maker A, B, & C
Tool and Die Maker A, B, & C
Tool Crib Attendant A, B, & C
Truck Crane Operator A & B
Trucker-Hand A
Trucker Power A, B, & C
Tube Bender-Bench A, B, & C
Turret Lathe Operator A, B, & C
Upholsterer A, B, & C
Bindery Worker A
Broaching Mach. Opr. A
Crane Rigger A & B
Elevator Operator A
-Flash Welder A, B, & C
Hydro Press Operator-Multiple Acting A, B, & C
Instrument Technician A, B, & C
Lithographic Plate Maker A & B
NORTHROP AIRCRAFT, 'INC.
Locksmith.A & B
Material Sorter A & B
Molder-Aircraft A
Offset Duplicating Machine Operator A & B
Operational Checkout Man A
Paper Cutter A & B
Process Equipment Operator A, B, & C
Radio Technician A & B
Rotary Shaper Operator A, B, & C
Safety Glass Man A
Sand Blast Opr. A & B
Set-Up Man-Fabrication Mach. A & B
Set-Up Man-Machine Tools A
Spinning Lathe Operator A, B, & C
Stationary Engineer and Compressor Operator A & II
Storekeeper A & B
Stretching Machine Operator A & B
Utility Worker A
Warehouseman A
Stock Clerk A & B
Tool Proofer A & B
Profile Cutting Torch Operator A
Sand Blast' Operator-Room A
APPENDIX B-EXoLusIONs
Truck Driver A & B
Welder-Aluminum A,.B,,,& C
Welder-Arc A, B, & C
Welder-Combination A
Welder-Gas A, B, & C
Welder-Maintenance and Jig A, B, & C
Welder-Heliarc A, B, & C
Accountant B
Accounting Clerk A & B
Addressing Machine Operator A
Aircraft Service Instructor A & B
Blueprinter A & B
Bookkeeping Machine Operator °A'& I3
Buyer B
Cashier A
Chauffeur A & B
Chief Clerk A
Commercial Artist B
1189
1190 DECISIONS OF NATIONAL LABOR RELATIONS
Commissary Attendant A, B, & C
Comptometer Operator A
Confidential Clerk A
Construction Engineer C
Contrait Liaison Mari B
Cook A & B
Engineering Assistant A
Engineering Clerk A
Engineering Draftsman A, B, & C
Engineering Drawings Checker B
Engineering-Liaison Man B & C
Engineering Planner B
Engineering Technician A
Estimator B & C
Experimental Planner A & B
File Clerk A
Fireman A & B
Flight Control Tower Operator B
Flight Dispatcher A
Flight Test Analyst B
General Clerk A
Guard A & B
Department Clerk A & B
Draftsman A, B, & C
Industrial Nurse A & B
Industrial Relations Analyst B
Intra-Factory Trans. Dispatcher A
Key Punch Operator A & B
Key Punch Verifier A
Laboratory Technician A &-B
Library Attendant'A
Loftsman A, B,'& C
Material Conservation Analyst A & B
Material Control Clerk A & B
Material Release Man A & B
Material Analyst A & B
Mathematician A & B
Matron A
Messenger A
Methods Analyst B & C
Motor Transportation Dispatcher A
Office Duplicator Operator A
BOARD
NORTHROP AIRCRAFT, INC.
Parachute Rigger and Packer A
-Parts Lister A & B
Personnel Assistant A & B
Photographer A & B
Photographic ]Laboratory* Man A & B
Process Analyst B & C
Procurement Follow-up Man A, B, & C
Production Control Dispatcher A, B, & C
Production Planner A, B, & C
Production Processor B
:Receptionist A
Research Laboratory Analyst B & C
Rest Room Attendant A
Safety Inspector A & B
Scheduler A & B
Secretary A
Service Dispatcher A
Service Liaison Man A & B
Shop Follow-up Man A & B
Spare Parts Analyst A
Special Courses Instructor B & C
Standards Analyst B & C
Statistician A & B
Stenographer A
Switchboard Operator A & B
1191