Timm Aircraft Corp.

National Labor Relations Board - Board Decisions

Mar 25, 1943

48 N.L.R.B. 522 (N.L.R.B. 1943)

In the Matter of TIMM AIRCRAFT CORPORATION and UNITED AUTOMOBILE,
AIRCRAFT &_ AGRICULTURAL IMPLEMENT WORKERS or A11MERICA, LOCAL
146
Case No. R-5010-Decided March 25, 19,13
Jurisdiction : aircraft manufacturing industry.
Investigation' and Certification of Representatives : existence of question: re-
fusal to recognize the union until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all plant-protection employees, ex-
cluding captains, sergeants, chiefs, and supervisors ; stipulation as to.
Mr. H. W. Elliott and Mr. Hyman Smith, of Los Angeles, Calif., for
the Company.
Mr. Milton S. Tyre and Mr. Noah Taucher, of Los Angeles, Calif.,
for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Automobile, Aircraft & Agricul-
tural Implement Workers of America, Local 146, herein called the
Union, alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Timm Aircraft Corporation,
Van Nuys, California, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Charles M. Ryan, Trial Examiner. Said hearing was held
at Los Angeles, California, on March 10, 1943. The Company and the
Union appeared and participated in the hearing' All parties 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.
Upon the entire record in the case, the Board makes the following :
' Although International Association of Machinists , Aeronautical Lodge, District 22;
National Union, United Aircraft Welders of America ; Los Angeles District Council of Car-
penters ; and Tool Designers Union were served with notice of hearing , they did not
appear.
48 N. L. R. B., No. 63.
522
TIMM AIRCRAFT CORPORATION 523
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Timm Aircraft Corporation is a California corporation operating
a plant at Van Nuys, California ,. where it is engaged in the manufac ,
ture of aircraft and aircraft parts. 'The Company uses raw mate-
rials valued at about $2 ,300;000, annually , approximately 10•per'ceilt of
which is shipped to it from points outside the State , of California.
It sells products valiled at about $5,339 ,000, annually , approximately
$24,000 worth ' of which is shipped to points outside the State of
California.
II. THE ORGANIZATION INVOLVED
United Automobile; Aircraft & Agricultural Implement Workers
of America, Local 146, is a labor organization affiliated with the Con-
gress of Industrial Organizations, admitting to membership employees
of the Company. ,
III. THE QUESTION CONCERNING REPRESENTATION
On February 20, 1943, the Union requested the Company to recog-,
nize it as the exclusive representative of the plant-protection em-
ployees at the Woodley plant of the Company. The Company refused
this request until such time as the Union is certified by the Board.
A statement of a Field Examiner, of the Board, introduced into
evidence during the hearing, indicates that the Union represents a
substantial number of employees in the unit hereinafter, found to be
appropriate.2
. 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
plant-protection employees at the Woodley plant of the Company, ex-
cluding captains, sergeants, ;chiefs, and; supervisors-.-constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
2 The Field Examiner reported that the Union represented 12 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany 's pay roll of February 20, 1943. There are approximately 16 persons in the appro-
priate unit.
524 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD
the employees in the appropriate unit who were employed during the
payroll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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 Timm Aircraft
Corporation, Van Nuys, California, an election 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 Twenty-first 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
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
the said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by United
Automobile, Aircraft & Agricultural Implement Workers of America,
Local 146, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.