General Dynamics, 41 (1958)

CONVAIR (POMONA) 41

2(d), and 2(e) of the Board's Order of October 31, 1955, insofar as they relate to Eugene Piasek, excepting only those portions of paragraphs 2(b) and 2(d) of the said Order pertaining to an offer of reinstatement.

MEMBER RODGERS took no part in the consideration of the above Supplemental Decision and Recommendation.

Convair (Pomona), a Division of Convair, a Division of General Dynamics 1 and Associated Tool and Die Makers of America,

Petitioner. Case No. 21-RC-5174. November 7, 1958 DECISION AND DIRECTION OF ELECTION

Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Ben Grodsky, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Leedom and Members Bean and Fanning].

Upon the entire record in this case, the Board finds :

1. The Employer is engaged in commerce within the meaning of the Act.

2. The labor organizations involved claim to represent certain employees of the Employer 2

3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9(c) (1) and Section 2 (6) and (7) of the Act.

4. The Petitioner seeks to sever from the existing production and maintenance unit at the Employer's missile plant at Pomona, California, a unit of employees in the tool manufacturing department (department 42) together with the tooling inspectors in the inspection department (department 27). In the alternative, the Petitioner requests a craft unit of all tool- and die-makers, toolroom machinists and grinders, and tooling inspectors. In the event the Board finds inappropriate both the units requested, the Petitioner expressed its willingness to represent any combination of these units deemed approThe name of the Employer appears as described at the hearing.

The Petitioner was recently organized by a group of employees to deal with employers concerning wages and working conditions of tool- and die-makers and toolroom machinists, grinders, and inspectors , exclusively. We therefore find, contrary to the Intervenor,

International Association of Machinists , District 120, Guided Missile Lodge No. 1254,

AFL-CIO, that the Petitioner is a labor organization which meets the traditional union test for the purpose of severing the employees involved herein . Cessna Aircraft Company, 114 NLRB 1191.

122 NLRB No. 4.

priate. The Employer and Intervenor contend that the units requested are inappropriate.

All tools for use in the production of missiles are made in the tool manufacturing department, department 42. Department 42 is separately located. It is separately supervised by its own foreman, who is responsible to the chief of manufacturing engineering; the latter is also in charge of department 24, tool operation, planning, design, and engineering, as well as department 8, manufacturing planning. Employed in department 42 are tool- and die-makers A and B, boring mill horizontal machinists, grinder operators, grinders tooling, heat treaters steel, jig borer machinists, lathe machinists, layout men machinists tool, milling machine machinists, planer machinists, shaper machinists, and grinders tool and cutter A and B. These employees work to close tolerances from designs and blueprints and are engaged directly in the manufacture of parts of, or the assembly of, tools.

There are some transfers in and out of department 42, but interchange with employees of other departments is infrequent. Although otherwise idle men and,/or machines are occasionally used for producing the Employer's end products, no department 42 employees are engaged in frequent or full-time production work.

There are 13 inspectors, all of whom are assigned to department 27.

One works in department 4, shipping and receiving, where he...