Ryan Aeronautical Co.

National Labor Relations Board - Board Decisions

Jun 4, 1958

120 N.L.R.B. 1291 (N.L.R.B. 1958)

RYAN AERONAUTICAL CO. 1291
courage the attempts at delay which result from the filing of
unfounded objections.
As we cannot endorse that which we consider to be a serious impedi-
ment to our election processes, we would not remand this case for
further hearing. Instead, we would dismiss objection 3 and certify
the election results.
Ryan Aeronautical Co., Torrance Division and International
Union, United Automobile , Aircraft and Agricultural Imple-
ment Workers of America , UAW-AFL-CIO, Petitioner
Ryan Aeronautical Co., Torrance Division and Local Union 11,
International Brotherhood of Electrical Workers, AFL-CIO,
Petitioner. Cases Nos. 21-RC-5107 and 21-RC-51P3. June 4,1958
DECISION AND DIRECTION OF ELECTIONS
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held before Karl W. Filter,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with these cases to a three-
member panel [Chairman Leedom and Members Bean and Jenkins].
Upon the entire record in these cases, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. Questions affecting commerce exist concerning the representation
of employees of the Employer within the meaning of Section 9 (c) (1)
and Section 2 (6) and (7) of the Act.
4. In Case No. 21-RC-5107, the Petitioner, hereinafter referred to
as UAW, seeks a production and maintenance unit at the Employer's
recently acquired plant at Torrance, California. The Employer's
principal objection is that because of an expanding unit, the petition
is premature and should be dismissed.
In Case No. 21-RC-5123, the Petitioner, hereinafter referred to as
IBEW, seeks the usual craft unit of maintenance electricians at the
same plant. The Employer does not oppose this unit. The UAW
while not agreeing that it is an appropriate unit, nevertheless wishes
to be placed on the ballot if an election is directed.
Case No. 21-RC-5107
The Employer, which manufactures airplanes and aircraft parts
at San Diego, California, acquired the Torrance, California, plant in
120 NLRB No. 167.
1292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the summer of 1957. The latter will be devoted to the manufacture
of missiles and Douglas DC 8 parts. The Torrance plant will receive
raw engines from manufacturers selected by Douglas after which it
will complete the engines ready for operation. Although conceding
that Government contracts upon which the Employer depends are
subject to more than normal fluctuations, modifications, and cancella-
tions and that employment forecasts are highly speculative, the Em-
ployer contends that no election should be held earlier than the fall
of 1958 because no representative group of employees is currently
employed. Petitioner urges an immediate election.
In support of its position, the Employer introduced in evidence a
chart showing projected employment figures to October 1959. As of
the time of the hearing in February 1958, there were 275 production
and maintenance employees. The schedule of approximate employ-
ment is as follows: Between February and May 1958, 944 employees;
from May to August 1958,1,496 employees; from August to November
1958, 1,484 employees, and for the following 11 months the Employer
expects to have some 3,000 employees. The Employer also contended
that it expects to add over 50 new job classifications to the 43 presently
employed.
We find no merit in the Employer's contention that the petition
should be dismissed as premature. Although, according to the Em-
ployer, some 57 job classifications are to be added at some indefinite
period in the future, many of these are similar in nature and do not
represent new classifications but various grades within the same class.
Moreover there is no evidence as to the number of employees, if any,
the Employer expects to hire within the proposed classifications.
On the basis of the record, we find that the working force of produc-
tion and maintenance workers which will be employed when the elec-
tion herein directed takes place will be over 1,000 employees, and
that these will constitute a substantial and representative segment
of employees in the unit within the next 6-month period.' We there-
fore see no reason for departing from our usual policy of directing an
immediate election 2
Case No. 21-RC-5123
In this case, the Petitioner, IBEW, seeks the customary craft unit
of electricians. The evidence shows that their work is of the usual
skilled nature, and the Employer does not oppose this unit. Nor did
the Employer urge at the hearing that a representative group in this
1 General Motors Corporation, 111 NLRB 841.
' On April 29, 1958, after the hearing, Petitioner moved to reopen the record for addi-
tional evidence not hitherto available indicating thaf the expected expansion will not take
place. Because of our decision herein we find no necessity at this time to consider the
motion.
RYAN AERONAUTICAL CO. 1293
proposed unit is not currently employed. The UAW agrees that a
globe election should be directed. We find that these employees of
the Employer at its Torrance, California,•plant, may constitute a unit
appropriate for the purposes of collective bargaining within the
-meaning of Section 9 (b) of the Act. We also find that the produc-
tion and maintenance unit including the,electricians, may also consti-
tute an appropriate unit.
In view of the foregoing, we shall make no final unit determinations
at this time, but shall direct.that the questions concerning representa-
tion be resolved by separate elections among the following voting
groups at the Employer's Torrance, California, plant :
(1) All maintenance and/or construction electricians, including
leadmen and apprentices or helpers regularly assigned to the elec-
tricians, including industrial electricians "A" and "B" and industrial
electronic electricians "A" but excluding all other employees, watch-
men, guards, and all supervisors as defined in the Act.
(2) All production and maintenance employees including plant
clericals,3 shipping and receiving employees, but excluding office cleri-
cal employees, engineering department employees, tool planners and
tool designers and maintenance and/or construction electricians,
watchmen, guards, and all supervisors as defined in the Act.
If a majority of the employees in voting group (1) select the
IBEW, they will be taken to have indicated their desire to constitute
n. separate bargaining unit and the Regional Director is instructed
to issue a certificate of representation to the IBEW for such unit,
which the Board, under these circumstances, finds appropriate for
the purposes of collective bargaining. , On the other hand, if a ma-
jority of voting group (1) do not vote for the IBEW; the ballots of
the employees in that voting group will be pooled with those of the
employees in voting group (2). If the UAW achieves a majority of
the votes in the pooled group, the Regional Director is instructed to
issue a certification of representatives to that labor organization for
n unit of employees in both voting groups (1) and (2) which the
Board, under such circumstances; finds to be an appropriate unit for
the purposes of collective bargaining within the meaning of Section
.(b) of the Act. .
[Text of Direction of Elections omitted from publication.]
9 The Employer would exclude the following classifications , which have hitherto been
included in the collective-bargaining agreement with the UAW covering the San Diego
facilities : intrafactory transportation dispatcher "A," motor transportation dispatcher
"A," production control dispatcher "A" and "B," shipping clerk "A ," shipping dispatcher,
,shop follow-up "A," stock clerk "A" and "B,' timechecker "A," tool control dispatcher
"A" and "B ," tool control follow -up "A." As it appears that these employees are, clearly
plant clericals , we include them. The parties agreed to exclude the loftsmen , "A" and 'B."