Extract
McDonnell Douglas Corp., 373 (1993)
McDonnell Douglas Corporation; McDonnell Douglas Electronic Systems Company, a Division of McDonnell Douglas Corporation; and McDonnell Douglas Aerospace Information Services Company, a Division of McDonnell Douglas Corporation, Single and/or Joint Employers and Southern California Professional Engineering Association and McDonnell Douglas Tulsa, a Division of McDonnell Douglas Corporation; McDonnell Douglas Space Systems Company, a Division of McDonnell Douglas Corporation; and Douglas Aircraft Company, a Division of McDonnell Douglas Corporation, Parties to the Contract. Case 21-CA-27479
September 24, 1993DECISION AND ORDERBY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND RAUDABAUGHExceptions filed to the judge's decision1 present the issue of whether the Respondent2 unlawfully removed certain employees from the bargaining unit upon their December 1989 change of assignment from one to another of the Respondent's subsidiary division companies, where they continued without interruption to do the same work in the same place under the same immediate supervision as before.A threshold procedural issue is whether to defer consideration of the above substantive issue to the parties' contractual grievance-arbitration procedure.The National Labor Relations Board has considered the exceptions in light of the record and briefs and has decided to affirm the judge's rulings, findings, and conclusions only to the extent consistent with this Decision and Order.For the reasons fully discussed below, and contrary to the judge's recommendation, we do not defer consideration of the issue to the parties' grievance-arbitration procedures. On the merits, we find that the Respondent has violated Section 8(a)(5) and (1) of the Act.I. BACKGROUNDA. Bargaining Unit and Respondent's Organizational BackgroundThe facts of this case are complex, but can be summarized as follows.The Union has represented certain of the Respond-ent's professional technical and engineering employees under a series of collective-bargaining agreements. The current agreement (the 1990-1993 agreement) is for March 5, 1990, through February 28, 1993. The most recent previous agreement (the 1987-1990 agreement) was for February 9, 1987, through December 3, 1989, extended to March 5, 1990.The 1987-1990 agreement covered employees in certain job classifications in the Douglas Aircraft Company (DAC), the McDonnell Douglas Astronautics Company-Huntington Beach (MDAC), and McDonnell Douglas-Tulsa (MDT). These three companies are components of the parent company, McDonnell Douglas Corporation (MDC). Among the bargaining unit employees covered by the contract were those in the job classifications (as listed in ''Appendix A'' of the contract) of computing analysts, computing engineers, computing specialists, and senior computing specialists. Appendix A also expressly covered certain employees in the above four classifications who were employed by the McDonnell Douglas Aerospace Information Services Company (MDAIS), which was also a component company of MDC, but which was not itself a named employer party to the contract.MDAIS sold computer and engineering information services, and leased computer and engineering professional employees (unit and nonunit), to various component companies of the Respondent (including the employer parties to the contract), who in turn paid MDAIS for these services and the leased employees. Approximately 50 MDAIS unit employees were leased to MDAC and worked side-by-side with MDAC unit and nonunit employees at Huntington Beach.In December 1988, MDAC was reorganized into two new compo...See the full content of this document
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