Bendix Products Division, Bendix Aviation Corporation And Bendix Local 9, Uaw-cio, 602 (1944)

In the Matter of BENDIX PRODUCTS DIVISION, BENDIX AVIATION CORPORATION and BENDIX LOCAL 9, UAW-CIO Case No. 13-R-9381.--Deeided May 17, 1944 Messrs. Cassels, Potter & Bentley, by Mr. W. S. Warfield, of Chicago, Ill., for the Company.

Mr. Harry J. Rodgers, and Mr. William F. Harrington, both of South Bend, Ind., for the Union.

Mr. Joseph W. Kulkis, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Bendix Local 9, UAW-CIO, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Bendix Products Division, Bendix Aviation Corporation, South Bend, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Russell Packard, Trial Examiner. Said hearing was held at South Bend,

Indiana, on April 14, 1944. The Company and the Union appeared, 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 an opportunity to file briefs with the Board.

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

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Bendix Products, a division of Bendix Aviation Corporation, a Delaware corporation, has its principal office and place of business at South Bend, Indiana, where it is engaged in the manufacture and sale of airplane parts and related items. During the year 1943, the Company received from points outside the State of Indiana raw ma terials valued in excess of one million dollars. During the same period the Company shipped to points outside the State of Indiana finished products valued in excess of one million dollars.

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

2. THE ORGANIZATION INVOLVED Bendix Local 9, UAW, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company.

3. THE QUESTION CONCERNING REPRESENTATION The Union requested the Company to recognize it as the exclusive bargaining representative of the employees within the alleged appropriate unit. The Company refused to accord the Union such recognition unless and until certified by the Board.

   A statement of the Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees within the unit hereinafter found to be appropriate.1 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.

4. THE APPROPRIATE...