Solar Aircraft Co.

National Labor Relations Board - Board Decisions

Jul 31, 1943

51 N.L.R.B. 964 (N.L.R.B. 1943)

In the Matter of SOLAR AIRCRAFT COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS AERONAUTICAL LODGE - No. 1626
Case No. B-5587.-Decided July 31, 1943
Mr. Jack L. Oatman , of San Diego, Calif., for the Company.
Messrs. P. L. Siemiller and Raymond Saffell, of Des Moines,,Iowa,
for the I. A. M.1
Messrs. Robert D. Jackson , George E. Truax, and Harry Warrick,
of Des Moines, Iowa, for the Welders.
Miss Muriel J. Levor, of counsel to the Board.
0
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Ma-
chinists Aeronautical Lodge No. 1626, herein called the I. A. M.,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Solar Aircraft Company, Des
Moines, Iowa, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Stephen M. Reynolds, Trial Examiner. Said hearing was
held at Des Moines, Iowa, on June 25, 1943. The Company, the
I. A. M., and National Union, United Aircraft Welders of America,
Local No. 3, herein called the, Welders, appeared,2 participated, and
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. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
' Mr. Saffell appeared for District No. 118, International Association of Machinists.
2 International Union, United Automobile , Aircraft & Agricultural Implement Workers,
C. I. 0., was served with notice of hearing but failed to appear.
51 N. L. R B., No. 150.
964
SOLAR AIRCRAFT COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
965
Solar Aircraft Company is a California corporation with its prin-
cipal office and place of business in San Diego, California. It is en-
gaged in the manufacture of aircraft engine parts which are shipped
to other aircraft manufacturing plants for installation or,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 out-
side 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. f
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, District No. 118, is a labor
organization, admitting to membership employees of the Company.
National Union, United Aircraft Welders of America, Local No. 3,
is a labor organization, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated November 14, 1942, the I. A. M. asserted its claim
to represent a majority of the Company's employees and requested the
Company to recognize it as their exclusive bargaining representative.
On February 18, 1943, the Welders requested recognition of the Com-
pany as exclusive bargaining representative of the Company's welders.
The Company indicated that it would not grant exclusive recognition
to any labor organization unless and until such organization was duly
certified as exclusive bargaining representative by the Board.3
A statement of'the Acting Regional Director introduced into evi-
dence at the hearing, indicates that the I. A. M. and the Welders each
represents a substantial number of employees in the unit each claims to
be appropriate.4
8 Earlier petitions were dismissed "without prejudice to their renewal at such time as
a substantial proportion of the anticipated total pay roll is employed ." Matter of Solar
Aircraft Company, 48 N. L. R. B., No. 38 . More than 50 percent of the total presently
anticipated is•now employed.
' The Acting Regional Director reported that the I. A. M. submitted 880 designations, of
which 676 correspond with names on the Company 's pay roll of June 10, 1943, containing
1,248 names in the unit which the I . A. M. alleges to be appropriate. Of the signatures
966 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 UNITS; THE DETERMINATION OF REPRESENTATIVES
The I. A. M. claims as appropriate for collective bargaining a unit
composed of "all production and maintenance employees including
toolroom employees, janitors, leadmen and inspectors, and excluding
all clerical and office employees not connected with production, and
supervisors with authority to hire and discharge or reoornmend hire
and discharge." The Welders desires a unit composed of all welders
who spend more 'than 50 percent of their time welding, excluding,
however, spot welders and such welders as are employed in a super-
visory capacity. The' Company takes a neutral position. The prin-
cipal controversy thus concerns the appropriateness of a separate unit
for the welding employees.
Welders : The welders are not physically segregated from the em-
ployees in other departments. Their hours, working conditions, and
other conditions of employment are the same as those, of the other
production and maintenance employees. Their skill is no greater than
that of many of the other employees of the Company. However, their
work involves special hazards, and they use equipment and safety
devices peculiar to their trade. They are required to take an intensive
training course and to pass Army and Navy qualification tests, and in
addition they must take tests periodically, generally' every,6'ixtronths, to
insure their continued ability. The Company also requires prospec-
tive welders to pass an examination which the Company itself ad-
ministers. Every aircraft welder receives a number with his Army-
Navy license, and he must stamp that number on every weld which he
completes. These factors indicate that considerable emphasis is
placed upon the skill of aircraft welders, whom the Welders alone
admits to membership.
There has been no collective bargaining history at the plant. The
Welders, however, represent the welders at the San Diego and National
City plants of the Company, as well as at several other aircraft fac-
tories. On the other hand, the I. A. M. represents employees on an in-
dustrial basis at a number of other aircraft plants.
In our opinion these aircraft welders constitute a sufficiently well-
defined occupational group so that they may properly comprise a
corresponding with names on the Company's pay roll, 85 correspond with the names of
employees in the welding department, of whom there are 217.
The Acting Regional Director also reported that the welders submitted 177designetions,
of which 146 correspond with names on the Company's pay roll of June 10, 1943, containing
217 names in the unit which the welders claims to be appropriate.
SOLAR AIRCRAFT COMPANY 967
separate bargaining unit or function with equal effectiveness as part
of an industrial unit.'
The Welders desires the inclusion in its requested unit of persons on
the Company's pay roll taking welding instruction. It urges that
such trainees are apprentices. However, these alleged apprentices
have nothing in common with the category of employees traditionally
so denominated and are merely trainees 6 Although they are paid
while learning their trade they are not employed as production
workers and their interests are not sufficiently akin to those of the
regular workers to warrant their inclusion.'
Production unit : There remains for consideration the composition
of the production and maintenance unit. The I. A. M. desires the
exclusion of office and supervisory employees and the Company takes
no position. In accordance with our usual policy we shall exclude
office employees and such supervisory employees as have the power
effectively to change or recommend changes in the status of other
employees. There is no controversy on minor exclusions. The Com-
pany, however, does not now employ or intend to employ leadmen, the
exclusion of whom was requested in the I. A. M.'s petition.
With respect to welding department employees and production and
maintenance employees, we shall make no final determination of the
appropriate unit or units at this time. In accordance with our find-
ing that the welding department employees may function either as a
separate unit or as part of a single industrial unit, we shall direct that
the question concerning representation which has arisen be resolved
by separate elections by secret ballot among the employees in the units
described below who were employed during the pay-roll period im-
mediately preceding the date of our Direction of Elections, subject to
the limitations and additions set forth therein.
Group 1. All production and maintenance employees of the Com-
pany at its Des Moines plant, including toolroom employees, janitors,
and•inspectors,Rand excluding all office and clerical employees not con-
nected with -production, guards, trainees, and all supervisory em-
ployees with authority to hire, promote, discharge; discipline, or
otherwise effect changes in the status of employees or effectively rec-
ommend such action and all employees eligible to vote in Group 2.
Group 2. All welding department employees of the Company at its
Des Moines, Iowa, plant, excluding spot welders, trainees, and all
supervisory welders with authority to hire, promote, discharge, dis-
s Matter of Northrop Aircraft, Inc, 42 N. L. R. B 1109; O ertsss -Wright WCorp., 41
N. L R. B . 1367 ; Douglas Aircraft Company, 16 N L. R B 93.
See Matter of Higgins -Tucker Motor Co., Inc ., 51 N. L. R. B., No, 79.
' These statements are not intended to apply to "probationary employees ." who as
production employees. are ehnible to vote.
968 DECISIONS OF NATIONAL LABOR RKLATbONIS BOARD
cipline, or otherwise effect changes in the status of employees, or
effectively recommend such action.
Upon the results of these elections will depend in part our deter-
mination of the appropriate unit or units. If a majority of the
employees of the welding department select the Welders, as their
representative they will constitute a separate unit." If a majority
in both welding and production units select the I. A. M., the groups
will together constitute a single unit.
DIRECTION OF ELECTIONS
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Solar Aircraft
Company, Des Moines, Iowa, separate elections 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 Director for the Eighteenth 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
following groups of employees of the Company, 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 any who
have since quit or been discharged for cause :
(1) to determine whether or not the employees in the production
unit described in Group 1 of Section IV desire to be represented by
International Association of Machinists Aeronautical Lodge No.
1626, for the purposes of collective bargaining;
(2) to determine whether the employees of the welding department
described in Group 2 of Section IV desire to be represented by In'
ternational Association of Machinists Aeronautical Lodge No. 1626,
or by National Union, United Aircraft Welders of America, Local
No. 3, Independent, for the purposes of collective bargaining, or
by neither.
CHAIRMAN MILtIS took no part in the consideration of the above
Decision and Direction of Elections.
8 At the hearing the welders requested that the word "Independent" appear below its
name on the ballot. The request is hereby granted.