Timm Aircraft Co.

National Labor Relations Board - Board Decisions

Mar 25, 1943

48 N.L.R.B. 505 (N.L.R.B. 1943)

In the Matter of TIMM AIRCRAFT COMPANY aindJ INTERNATIONAL AssO-
CIATION ;OF, MACHINISTS, AERONAUTICAL LODGE DIST. 22, AFL
Case No. R-4873.-Decided March, 25, 1943
Jurisdiction : aircraft manufacturing industry.
Practice and Procedure : petition dismissed in view of jurisdictional controversy
between two of the labor organizations involved and when a third organization
unaffected by the dispute did not make a substantial showing of representation.
Messrs. H. W. Elliott and Hyman Smith,, of Los Angeles, Calif., for
the Company.
Messrs. J. Robert Clark and Ray B. Felton, of Burbank, Calif., for
the I. A. M.
Mr. James M. Carter, of Los Angeles, Calif., for the Welders.
Messrs. Lew Michener, Noah N. Tauscher, and Jim Carbray, of Los
Angeles, Calif., for the C. I. O.
Mr. Arthur Garrett, of Los Angeles, Calif., for the Carpenters.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE, CASE
Upon petition and amended petition duly filed by International
Association of Machinists, Aeronautical Lodge Dist. 22, AFL, herein
called the I. A. M., alleging that a question affecting commerce had
arisen concerning the representation of employees of Timm Aircraft
Company, Los Angeles, California, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before George H. O'Brien, Trial Examiner. Said
hearing was held at Los Angeles, California, on February 4, 9, 10, and
11, 1913. The Company, the I. A. M., and Los Angeles County District
Council of Carpenters, herein called the Carpenters, National Union,
United Aircraft Welders of America, herein called the Welders, and
United Automobile, Aircraft and Agricultural Implement Workers of
.America, C. I. 0., herein called the C. I. 0., appeared, participated,
,and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
48 N. L. R. B., No. 60. 505
506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The I. A. M. moved at the hearing to amend its amended petition to
allege that the unit appropriate for collective bargaining consisted of
only the Saticoy plant of the Company rather than three plants,
thereby restoring the claim made in its first petition. The motion was
denied by the Trial Examiner. Although-we think the motion should
have been granted, in view of our findings below,no prejudicial error
was committed. The other rulings of the Trial Examiner made at
the hearing are free from prejudicial -error and are hereby affirmed.
On February 22, 1943, the Welders filed a brief which,the:Board has
considered. t., y
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Timm Aircraft Company, a California corporation, owns and
operates two plants located „in Van Nuys, California, and a third
located at Los Angeles, California. At these plants,,,the Company
manufactures aircraft and aircraft parts as a prime contractor to
the United States Government and as a subcontractor to other prime
contractors. During the fiscal year ending October 31, 1942, the
Company purchased for use in these plants raw materials having a
value in excess of $2,000,000, of which approximately 25 percent came
from points outside the State of California. During the same period
the total sales of the Company were in excess of $4,000,000, of which
approximately 25 percent represents sales made to customers located
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 Association of Machinists, Aeronautical Lodge Dist.
22, is a labor organization 'affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
Los Angeles County District Council of Carpenters comprises sev-
eral craft labor organizations affiliated, with the American Federa-
tion of Labor, some of which admit to • membership employees of the
Company. ;
United Automobile, Aircraft and Agricultural Implement Workers
of America is a labor organization affiliated with the Congress of
Industrial Organizations, • admitting, to membership employees of
the Company.
National Union, United Aircraft Welders of America is an un-
affiliated labor organization, admitting to membership certain
employees of the Company.
TIMM AIRCRAFT COMPANY
M. THE ALLEGED QUESTION CONCERNING REPRESENTATION
507
The parties stipulated that a question concerning representation had
arisen, in that the I., A. M., in November 1942, requested recognition
'of the Company for the employees 'of its Saticoy 'plant; and that the
'Company refused to recognize the I. A. M. in the absence of certifi-
cation by the Board.
Statements of the Trial Examiner, made at the hearing, concerning
authorization cards submitted to a Field Examiner of the Board have
been compiled in a table in the footnote below." These statements indi-
cate that the I. A. M. represents a substantial number of production
and maintenance employees only at the Saticoy plant; that, the C. I. O.
does not represent a substantial number of such employees at any of
the three plants; that the Carpenters does not represent a substantial
number of woodworkers at any of the plants; and that the Welders
represents a substantial number of welding employees at' each of the
,three plants.
On the basis of these facts and in view of our findings in Section IV,
,infra, we find that no question affecting commerce has arisen concern-
ing the representation of employees of the Company within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
I See the following table:
Cards in unit
Employees
Type of unit in unit
Carpenters C I. 0 I A. M. Welders
Alameda-
Woodworkers a------------------ 84 12 0 1 ------------
Welders ------------------------- 50 ------------
35 0 35
Residue unit - ` 543
1 46 2 ------------
Prod and main --------------- 677 13 81 3 35
Woodley
Woodworkers - ----------------- 3 0 0 0 - ------------
Welders------------------------ 10 ------------ 9
0 9
Residue unit`------------------ 511 ------------
128 2 ------------
Prod and main --------------- 524 0 137 2 9
Saticoy
Woodworkers ------------------- 378 70 ' 4 150 -
Welders' ----- - -
4 _
. --------- 0 4 3
Residue unit ------------------- 254 ------
18 46 ------------
Prod and main--------------- 636 70 22 b 200 3
-The breakdown of woodworkers is that of the Company The Carpenters consider many more
employees eligible to its proposed units at the Alameda and Saticoy plants Hence its representation
showing in these units is less than appears in this chart
b The Trial Examiner reported that an additional 50 cards submitted by the I. A. M were appar-
ently signed by employees in the alleged appropriate unit, but he did not indicate at which plant
the employees worked These additional 50 cards do not in any way affect our decision , since they
are not sufficient to constitute a substantial showing in either of the 2 plants where the I A. M. lacks
a substantial showing.
508 DECISION'S OF -NAT IONAL' LABOR RELATIONS ' BOARD
} IV. THE ALLEGED ' APPROPRIATE ' UNITS-
'A. Contentions of the parties
The I. A. M. requests a unit of the production and maintenance
employees at the, Saticoy plant of the Company.2 The C. I. 0. con-
tends that the production and maintenance employees, at the three
.plants. of the Company constitute an appropriate unit.3 The Carpen-
ters proposes "that the woodworking employees 4, of the Company's
,three plants comprise three separate -units.-- The Welders, contends
that certain welding employees at the three plants comprise a single
appropriate unit.6. In the face of these conflicting 'claims, the Com-
pany takes no position other than to recommend that its three, plants
be treated separately.
B. 'Multiple plant knit vs. single plant units
The Company's three plants are known as the Saticoy, the Woodley,
and the Alameda plants. ' Hereinafter, they will be referred `to as
simply "Saticoy," "Woodley," and "Alameda." Saticoy and Woodley
are situated approximately 21/2 miles apart on the Los Angeles Metro-,/
politan Airport at Van Nuys, California. ' Alameda;located 'in Los
Angeles, is roughly 25 miles from the airport. The record indicates
that the three plants are engaged in dissimilar operations. At Saticoy
the Company builds wooden trainer planes and fabric gliders. Very
i I 'A M unit-all production and maintenance employees , including truck drivers and
timebeepers,•but excluding office employees andl siipetdrsory employees above the grade of
leadman , in the Company 's Saticoy plant
3 C' I 0 unfit-all production and maintenance employees in the Company ' s three plants,
including inspectors , production control expediters and dispatchers, and excluding , all super-
visory employees "above the grade of'leadman , all employees of Blue Print Control, Engi-
neering, Tool Planning, Tool Design, Production Planning, Production Control (other than
those employees specifically included ), Outside Production Purchasing and Follow-rip, Non-
Productive Procurement , Industrial Relations , and Peisonnel departments , and all execu-
tives, administrative , plant protection , office and cleucal employees
4 The Carpenters defined woodworkers as including all employees who work with or upon
wood , whether such work constitutes the shaping or forming of wood, the assembling of
wood- parts, the finishing of wood ( either with paints or other materials or abrasives), the
gluing of wood, the application to wood of any adhesive or other substances , the joining to
wood of other materials by adhesives or other substances , or the hiandling'of wood and
limber , and all partial sub and final assembly in which wooden parts -or materials' are'
involved
5Caipcntcrs, units-all employees engaged in woodworking , including leadmen, group
leaders, dispatchers ; inspectois , and maintenance employees , maintenance foremen and
assistant foremen , but excluding production foremen and assistant foremen , and- office
employees
6 Weldeis suit-all employees who are engaged moie'than 50 percent of their time as
oxy-actylene, oxy-hydrogen, electric are welders, employed to do fusion welding, gas, torch
cutters, helpers in,the foregoing categories , tackers , and apprentice welders, and including
leadmen , but excluding operators of mechanical spot welding machines as distinguished
from what is known in the trade as tack welding , foremen , supervisory and administrative
employees
- PI.NIM AIRCRAFT COMPANY-, 509
few' metal parts are, used in the manufacturing'-processes, and,-none
are made, at Saticoy, though there is some fashioning of metal, parts.
Woodley, in direct contrast, manufactures chiefly sheet metal parts
under subcontracts to other- companies. - No woodworking operations
are carried on at Woodley,-and no complete aircraft are manufactured
there. Alameda is not engaged in manufacturing, but is an assembly
plant, chiefly for gliders. All the parts which are- assembled ;there
are made by other companies under subcontracts.
There is very little interrelation' between the operations of the three
plants. Thus, Woodley manufactures parts for•Alameda and Saticoy
only in an emergency or when contract work lags at Woodley. Saticoy
does not furnish parts for either Alameda or Woodley. Furthermore,
the Company has no practice,of interchanging its employees between
the three plants, chiefly because transferred employees, in most in=
stances, would have to undergo periods of retraining. ' Consequently,
interchanges of employees among the three plants are few, and when
they occur are made primarily for the benefit of the transferee.
The Company exercises centralized control over the operation of its
three plants'. However, each plant handles its subcontracting, and
Woodley its sales, independently of- the other plants. The Company
regards Saticoy, which is the only plant it owns, as its home plant.
The Company's director of industrial and public relations testified that
in his opinion when the war is over, Alameda, being only an assembly
plant, will be the first to cease operations, followed thereafter by Wood-
ley; -and that only Saticoy would continue to be operated by the
Company after the war.
In view of these facts, we find, that the three plants of the Company
should be treated separately for purposes of collective bargaining.
Since the petitioning union, the I. A. M., has made a substantial show-
ing of interest only at Saticoy, we shall consider the opposing unit
claims only as they relate to that plant.7
C. The Welders- proposed unit
The Compatly,.employsonly;fourwelders-in Saticoy. They have,no
separate department of their own, but are included in the -tooling de-
7 As stated above, the Carpenters and the C I 0 did not make a substantial showing of
interest at any of the three plants While the Welders did make a substantial showing at
each of the three plants, we shall consider only its claims at Saticoy, since it is not a,
petitioner , and since the•I A. M and the C I 0, whose unit claims conflict with the claims
of the Welders, may in the near future increase the extent of their representation in the
other two plants, and thereafter initiate proceedings with the Board in which the appro-
priate unit issue will have to be determined ' Our -ruling shall be without prejudice to the
light of the Welders to file petitions for the indestigation and certification of representatives
of welding employees at Woodley and Alameda. -
510 DECISIONS OF NA'TIONAL LABOR' RELATIONS BOARD
partment along with the machinists' and tool ; makers,. One of the
welder's performs maintenance work; the other three weld -parts to-
gether on metal jigs. These facts are insufficient to support a; finding
that, the welders, at Saticoy comprise -an' identifiable 'group of skilled
craftsmen' having interests in common apart' from the interests' of
the other employees who work alongside them.,' We find, therefore,
that a'separate unit of welders at Saticoy is inappropriate for purposes
of collective bargaining.
D. The jurisdictional dispute
The I. A. M. and the Carpenters, both of whom are affiliated with
and subject to the jurisdiction of the American Federation of Labor,
contend for units which overlap extensively." We have customarily
dismissed proceedings involving jurisdictional disputes between two
unions subject to discipline by the same parent, organization. We
have, however, made an exception to this rule where a third union not
a party to the jurisdictional dispute was also seeking to represent the
employees over whom the dispute had arisen.9 Here the C. I. O. is
not a party to the jurisdictional dispute and is seeking to represent
the employees involved in the dispute. We shall not,,however, apply
this exception to this proceeding in view of the meager representation
showing of the C. I. O., not only among the production and mainte-
nance employees at Saticoy (22 out of 636), but among the employees
,involved in the dispute (4 out of 378).10 To 'apply the exception in
such an instance would be to ignore completely the reasons which lie
behind our reluctance to settle jurisdictional disputes which are within
the-power of the disputants or their common parent organization to
resolve., '
In- view of the jurisdictional dispute between the I. A. Al. and the
Carpenters, we shall make, no further. findings 'as to, the appropriate
unit at Saticoy, but shall dismiss the petition of the I. A. Al.* Further-
more, since the C. I. 'O. has failed to show that •it represents a substan-
tial number of the production and maintenance, employees at,any.of
the three plants, we do' not consider 'it' necessary at this time to make
any 'further findings as to'the a appropriateness of the unit proposed by
the C. I. O.
8 Thus the I. A M. seeks to represent, all the production and maintenance employees
at Saticoy , whereas the Carpenters desires '• to represent all production and maintenance
employees at Saticoy who ate engaged in woodworking operations . ,
9'See Matter of Long -Bell, Lumber Company and International Association of Machinists
Local ' No.. 1350,, afZiated with the American ' Federation of Labor, 16 N. L. R B. 892; and
Matter of Weyerhaeuser , Timber Company , Klamath Falls Branch and Lwmnber and Sawmill
Workers Union, Local No 3026, A. F L., 42 N. L. R. B. 499. ' "1
to Tlie figure 378 represents the very minimum number of employees involved in the
jurisdictional dispute, since the Carpenters claims more than 378 employees in its proposed
unit at Saticoy.
TIMM AIRCRAFT COMPANY 511
ORDER
,Upon the basis of, the foregoing findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of Timm Aircraft Corn-`
pany, Los Angeles; California ', filed by International Association 'of
Machinists , ' Aerona 'uti'cal Lodge Dist. 22, AFL , be, and it hereby is,
dismissed.
MR. JOHN M. HousToN took no part in the consideration of the
above Decision and Order.