Eclipse Aviation-pioneer Instrument Division, Bendix Aviation Corporation And Aircraft Workers Union Of New Jersey, Inc., 808 (1944)

In the Matter of ECLIPSE AVIATION-PIONEER INSTRUMENT DIVISION,

BENDIX AVIATION CORPORATION and AIRCRAFT WORKERS UNION OF NEW JERSEY, INC.

Case No. 2-R-4340.-Decided January 22, 1944 Cassels, Potter & Bentley, by Mr. E. H. Cassels, of Chicago, Ill.,

Mr. Andrew Ormsby, of Teterboro, N. J., and Mr. David Irving, Jr., of Paterson, N. J., for the Company.

Mr. George F. Losehe, of Hackensack, N. J., and Mr. Armand R.

Dufour, of Hasbrouck Heights, N. J., for the Union.

Mr. Robert Silagi, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by Aircraft Workers Union of New Jersey, Inc., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Eclipse Aviation-Pioneer Instrument Division, Bendix Aviation Corporation, Teterboro, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Cyril W. O'Gorman, Trial Examiner.

Said hearing was held at Hackensack, New Jersey, on November 29, 1943. The Company and the Union appeared and participated. 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. All parties were afforded 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 Aviation Corporation, a Delaware corporation, maintains its principal office in South Bend, Indiana, and carries on its operations 808 through 11 divisions located throughout the country. This proceeding is concerned solely with the division known as the Eclipse Aviation-Pioneer Instrument Division which has its main office in Teterboro, New Jersey. Said division is engaged in the manufacture of aircraft instruments and accessories. During the year prior to November 1, 1943, the division purchased raw materials consisting chiefly of magnesium and steel, valued in excess of $1,000,000, 90 percent of which was shipped to it from points located outside the State of New Jersey. During the same period of time the division's sales of finished products exceeded $1,000,000 in value, of which approximately 90 percent was shipped to points outside the State of New Jersey. The division is completely engaged in the manufacture of materials for war purposes.

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

2. THE ORGANIZATION INVOLVED Aircraft Workers Union of New Jersey, Inc., an unaffiliated labor organization, admits to membership employees of the Company.

3. THE QUESTION CONCERNING REPRESENTATION Pursuant to a consent election agreement entered into by the Company, the Union, and International Union, United Automobile, Aircraft and Agricultural Implement Workers of America (UAW-CIO),1 an election was held on June 8, 1943, which the Union won. Thereafter, the Company and the Union commenced negotiations for a collective bargaining agreement. Although the consent election agreement excluded timekeepers from the list of employees eligible to vote in the election, the Union nevertheless demanded that timekeepers be added to the agreed unit. Upon the Company's refusal to negotiate any contract except upon the basis of the agreed unit, the Union iiled its petition...