Northwestern Aeronautical Corp.

National Labor Relations Board - Board Decisions

Jun 10, 1943

50 N.L.R.B. 390 (N.L.R.B. 1943)

In the Matter 'of NORTHWESTERN • AERONAUTICAL CORPORATION and
UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, LOCAL 722, C. I. O.
Case No. R414
SUPPLEMENTAL DECISION
AND
CERTIFICATION'OF' REPRESENTATIVES
Jwle 10, 1943
On May 4, 1943, the National Labor Relations Board, herein called
the' Board, issued a Decision and Direction of Election' in the above-
entitled proceeding.' , On 'May 13; 1943, the, Board issued. an Order
Correcting .,Decision and, Direction ; of Election.- .'Pursuant to 'the
Direction -of Election; as corrected= an election by. secret ballot was
conducted on May 18, 1943, under, the, direction and supervision of
the, Regional Director,1 for the, Eighteenth Region (Minneapolis,
Minnesota). On -May _ 19; ,1943,: the " Regional Director, acting pur-
suant to, Article III, Section' 10, of National Labor' Relations Board
Rules and Regulations-Series 2,;as amended, -issued and, duly served
upon the parties an Election Report.
Ak' to the balloting and its results, the Regional' Director reported
as follows:,
Approximate number of eligible voters__'___________ 604
",Total ballots -cast---L! ------ - ----- 507
Total ballots' challenged_________________ ________________ 98 _
.Total void ballots____________________________ 3
Total valid ballots counted___________________________________ 406
Votes cast for United Automobile, Aircraft' _and Agricultural
Implement- Workers of America, Local'722, C. I.' O------------ 246
Votes cast, for American Federation of Labor___,______________ 136
Votes cast for neither____________----------------- --- ---- 24
On ,May 24, 1943, Northwestern : Aeronautical 'Corporation, herein
called"the -Company,. filed' Objections' to the' Election Report. On'
May 25, 1943, the Regional Director issued a Report on Objections.
The Objections of the Company, are directed to the Regional
49 N L. R'B. 432..
5.0 N L. R. B., No. 58.
190
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NORTHWESTERN AERONAUTICAL CORPORATION 391
Director's, rulings on the challenged ballots of 76 employees.2 The
Regional Director ruled that of the, 76 challenged ballots, 3 should
be opened because they were cast by employees, who were temporarily
laid off, and 73 should be opened because they were cast by employees,
leadmen (foremen II), specifically included in the appropriate unit
by the Board's Order Correcting Decision and Direction of Election.
The Company urges that challenges to these 76 ballots should be
sustained: It contends that the 3 employees, whom the Regional
Director states the Company advised would be reemployed when
materials are available, were indefinitely laid off. Our Decision and
Direction of Election directed that employees in the appropriate unit,
including those "temporarily laid off," were eligible to vote. The
Company also contends that the 73 votes were cast by supervisory, em-
ployees. As above stated, these employees were specifically included
by the Order Correcting Decision and Direction of Election which
clarified the phraseology but did not change the meaning of our De-
cision and Direction of Election. At the hearing the Company did
not request the exclusion of leadmen (foremen II), and it did not
make claims or offer evidence concerning their presently alleged
supervisory capacity.
Accordingly, we sustain the Regional Director's findings that these
76 employees were entitled to vote. However, the United Automo=
bile, Aircraft and Agricultural Implement Workers of America, Lo-
cal 722, C. I. 0., has received a majority of the valid votes cast-a
majority which would be retained even if a count were made of the
406 valid ballots counted, augmented by the 79 ballots 3 which the Re-
gional Director recommends should be opened. It is therefore un-
necessary to direct that the challenged ballots be opened and counted,
and'we shall forthwith issue our certification. ' '
CERTIFICATION OF REPRESENTATIVES
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, Sections 9 and 10, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that United Automobile, Aircraft and Agri-
cultural Implement Workers of America, Local 722, affiliated with the
Congress of Industrial Organizations, has been designated and selected
by a majority of all production and maintenance employees of North-
2 No objection was filed to the recommendations , which we adopt, that challenges to 18
ballots be sustained , that no disposition . be made at this time of the challenge to 1 ballot,
and that 3 challenged ballots were valid.
3 These 79 ballots consist of the 76 disputed votes plus the 3 ballots which the Regional
Director recommends should be opened, to which recommendation the Company did not
object.
392 ' DECISION'S OF NATIONAL LABOR RELATIONS BOARD
western Aeronautical Co_ rporation, at its Minneapolis,' Minnesota,
plant, including leadmen ('foremen II) and store clerks, but excluding
superintendents and assistant superintendents, general foreinen', fore=
men, assistant foremen,, and all persons in a supervisory capacity with
the right to hire or discharge, orr recommend hire' or discharge, time-
study men, plant.-protection emplo{y-ees, designing, production, esti
mating and planning engineers, drafting` employees, office sand
clerical employees; and traveling inspectors, as their representative
for the purposes of. collective bargaining, and that, pursuant to
Section 9 (a) of, the Act,.the saidtorganization is the exclusive repre-
sentative of all such employees 'for the .purposes of collective bargain
ing with respect to rates of pay, wages, hours ofI employment, and
other conditions of employment.
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