Locikheed Aircraft Corporation And Pattern Makers Association Of los Angeles & Vicinity, Afl, 41 (1944)

In the Matter of LOCIKHEED AIRCRAFT CORPORATION and PATTERN MAKERS ASSOCIATION OF Los ANGELES & VICINITY, AFL Case No. 21-R-2165.-Decided July 4, 1944 Mr. Maurice J. Nicoson, for the Board.

Mr. Homer I. Mitchell, of Los Angeles, Calif., and Mr. Emil Steck,

Jr., of Burbank, Calif., for the Company.

Messrs, Ralph Kaplan, and W. F. Jebe, of Los Angeles, Calif., and Mr. George Q. Lynch, of Washington, D. C., for the P. M. A.

Messrs, E. R. White, and Roy W. Brown, of Los Angeles, Calif.,

Mr. Dale 0. Reed, of Burbank, Calif., and Mr. L. O. Thomas, of Washington, D. C., for the I. A. M.

Mr. Robert E. Tillman, of counsel to the Board.

DECISION AND ORDER STATEMENT OF TIHE CASE Upon petition duly filed by Pattern Makers Association of Los Angeles & Vicinity, AFL, herein called the P. M. A., alleging that a question affecting commerce had arisen concerning the representation of employees of Lockheed Aircraft Corporation, Burbank, California, herein called the Company,' the National Labor Relations Board provided for an appropriate hearing upon due notice before James C.

Batten, Trial Examiner. Said hearing was held at Los Angeles, California, on April 21, 22, and 24, 1944. The Company, the P. M. A., and International Association of Machinists, Aeronautical Industrial District Lodge No. 727, herein called the I. A. M., appeared, participated, and were afforded full opportunity to be heard, to examine and crossexamine witnesses, and to introduce evidence bearing on the issues.

The rulings of the Trial Examiner made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. On June 15, 1944, pursuant 'In the formal papers of this proceeding, the Company is designated as 'Lockheed Aircraft Corp.' Its name appears in the caption and body of this Decision as it was amended at the hearing.

to notice served upon all the parties, a hearing for the purpose of oral argument was held before the Board at Washington, D. C. The Company, the P. M. A., and the I. A. M. appeared and participated.

At the hearing before the Trial Examiner, the Company and the I. A. M. joined in a motion to dismiss the petition of the P. M. A.

Ruling on this motion was reserved for the Board. For the reasons set forth in Section III, infra, the motion is hereby granted.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Lockheed Aircraft Corporation, a California corporation, has its principal office and place of business in Burbank, California. The Company is engaged in the manufacture and sale of airplanes and airplane parts. In the conduct of its business, it owns and operates numerous plants, service units, warehouses, and a modification center located in Burbank, Los Angeles, Pomona, Bakersfield, Fresno, Taft, and Santa Barbara, California.2 During the fiscal year ending June 30, 1941, the Company purchased raw materials aggregating more than $50,000,000 in value, of which approximately 85 percent originated at points outside the State of California. During the same period, sales by the Company of such items as airplanes, airplane parts, and used airplanes amounted to over $85,000,000, of which more than 90 percent represents the value of sales made to customers located outside the State of California.' Since the abovementioned period, the operations of the company have materially increased in volume.

The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATIONS INVOLVED Pattern Makers Association of Los Angeles & Vicinity is a labor organization affiliated with Pattern Makers League of North America, which, in turn, is affiliated with the American Federation of Labor.

   It admits to membership employees of the Company.

   International Association of Machinists, Aeronautical Industrial District Lodge No. 727, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company.

   2 The Company also operates certain facilities in Dallas, Texas.

   3 At the time for which the above figures are given, there were two separate corporations:

   Lockheed Aircraft and Vega Aircraft. The figures include the purchases and sales of both corporations. On December 15, 1943, Vega Aircraft Corporation was dissolved and its assets transferred to Lockheed Aircraft Corporation.

3. THE ALLEGED APPROPRIATE UNIT The P. M. A. seeks a unit confined to two departments of the Company and consisting of all wood and metal pattern makers, or other employees therein, who are engaged for any part of their time in making wood or metal patterns which are used for castings, including leadmen, but excluding supervisory employees of the rank of group supervisor and above. The Company and the I. A. M. contend that the existing system-wide industrial unit, including pattern makers, in which the I. A. M. is recognized by the Company as the collective bargaining representative, is appropriate, and that the unit sought by the P. M. A. compromise only a segment of a craft, inasmuch as the Company has nine departments in which wood and metal pattern makers are employed.

   The I. A. M. was recognized by the Company in 1937 as'the exclusive collective bargaining representative of its production and maintenance...