Solar Aircraft Co.

National Labor Relations Board - Board Decisions

Mar 17, 1943

48 N.L.R.B. 242 (N.L.R.B. 1943)

,In the Matter of SOLAR AIRCRAFT COMPANY and, INTERNATIONAL
ASSOCIATION OF MACHINISTS , A. F. OF L., DISTRICT No. 118 and
NATIONAL UNION OF THE UNITED AIRCRAFT WELDERS OF AMERICA,
LOCAL No. 3
Cases, Nos . R-4910 and R-4911 .-Decided March ,17, ,1943
Jurisdiction : aircraft engine parts manufacturing.
Practice and Procedure : petition dismissed without prejudice when company
anticipated expanding its operations, present operations were of a limited
nature, and a representative group of employees was not at work.
Messrs. L. H. Wilson and D. M. ,Miller, of Des Moines, Iowa, for
the Company.
Mr. P. L. Siemiller, of Des Moines, Iowa, for the I., A. M.
Mr. Robert D. Jackson, of Des Moines, Iowa,.for the Welders.
Mr. George H. Rose, of Des 'Moines, Iowa; for, the C. J. O.
Mr. Glenn L. Moller, of counselto the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by International Association of Machinists,
A. F. of L., District No. 118, herein called the I. A. M., and by National
Union of The United Aircraft Welders of America, Local No: 3, herein
called the Welders, -alleging that questions affecting commerce had
arisen concerning the representation of employees of Solar Aircraft
Company, Des Moines, Iowa, herein called the Company, the Board
thereafter consolidated the cases and provided for an appropriate hear-
ing upon due notice before Harry Brownstein, Trial Examiner. Said
hearing was held in Des Moines, Iowa, on February 17 and 18, 1943.
At the hearing a motion to intervene in the proceeding was filed by
International Union, United Automobile, Aircraft &-Agricultural Im-
plement Workers of America, C. I. 0., herein called the C. I. O. This
request was granted without objection. The Company, the I. A. M.,
the Welders, and the C. I.. O. appeared, participated, and were af-
forded full opportunity to be heard, to examine and cross- examine
48 N. L R. B., No 28.
242
SOLAR AIRCRAFT 00A1PANY y 243
witnesses, and to introduce' evidence bearing upon • the issues. The
Trial Examiner's rulings made at the hearing are, free from .prejudi-
cial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
A
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Solar Aircraft Company is a California corporation with its prin-
cipal office and''place of ,business in San Diego,' California. It is
engaged in the manufacture of aircraft engine parts which are shipped
to other aircraft manufacturing plants for installation on military
aircraft. The Company operates a plant at Des Moines, Iowa, as well
as' plants in the West Coast area. The Des Moines plant is the only
plant of the Company involved in this proceeding. During the last
6 months of 1942 the Company purchased for use at the Des Moines
plant, raw materials valued at more than $100,000, all of which were
shipped to the plant from points outside the State of Iowa. During
the same period the' Company shipped from the Des Moines plant
to points outside the State of Iowa, finished products valued at more
than $300,000.
The Company admits that it is engaged in commerce within the
meaning' of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association 'of Machinists , District No. 118, is a labor
organization affiliated with the American Federation of Labor, admit-'
ting to membership employees of the Company.
National-Union of The United Aircraft Welders of America, Local
No. 3, is an unaffiliated labor organization , admitting to membership
employees of the Company.
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.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Operations at the Des Moines 'plant began in October 1942, but
were temporarily curtailed shortly thereafter due to a shortage of
materials. By the end of November 1942 the Company had 340
employees. At the time of the hearing in February 1943, the number
of employees on the pay roll had increased to 1,070, of whom,about
750 were ' within- the alleged appropriate units. The Company has
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244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
large war orders 'arid plans to 'expand its pay roll until it reaches
about' 5,250 employees. At, the time of the hearing, this expansion
was proceeding at a rate of about 400 per month. It appears, there-
fore, that at the time of the hearing, only about 15 percent of ,the
anticipated number of employees was employed. If expansion con-
tinues at the present rate, 50 percent' of the anticipated total will be
employed by about July 1943; and a full complement of employees
will be employed by about November 1943.' In view of the present
limited operations of the Company, we do not believe that a repre-
sentative group of employees is now working at the plant. Further-
more, in view 'of the rapid expansion of employment it is apparent
that a substantial number of employees will in all likelihood be
employed within a few months. We shall therefore dismiss the peti-
tions without prejudice to their renewal at such time as a substantial
proportion of the anticipated total pay roll is employed.
ORDER • •
Upon the basis of the foregoing findings of fact and the entire
record in the case, the National Labor Relations Board hereby orders
that the petitions for investigation and certification of representatives
filed by International , Association of Machinists, District No. 118,
affiliated with the American Federation of Labor and by National
Union of The United Aircraft Welders of America, Local No. 3, be,
and they hereby are, dismissed.
,ME. JOHN M.'HOUSTON took no part in the' consideration of the
above Decision and Order.
a •