General Dynamics Corp., 322 (1957)

11 men. Harry Deutsch testified that at its Valley Stream operations, the Union has represented only the yardmen of the Maclobe Lumber Co.,

Inc., and he did not deny that the Union has represented only the drivers and chauffeurs at the Maclobe Lumber Company of Glen Cove.

After the expiration of the Maclobe Lumber Co., Inc., contract on June 30, 1957, the Employer refused to enter into a new agreement with the Union covering the yardmen on the ground that it believed that the Union no longer represented a majority of these employees.

Subsequently, the Union began picketing Maclobe Lumber Co., Inc., on November 6, 1957, and continued to do so until the time of the hearing held on December 13, 1957, in order to induce the Employer to execute a new contract with it covering the yardmen.? In view of the foregoing, and upon the record as a whole, we find that no question concerning representation exists in the unit which the Employer alleges to be appropriate. It is clear that the Union has never sought to represent any employees of Maclobe Millwork Corporation but only certain of the employees at the other two companies. Further, at the hearing, the Union expressly disclaimed any desire to represent the overall unit claimed to be appropriate by the Employer. Nor is its conduct in picketing for a new contract covering the yardmen of Maclobe Lumber Co., Inc., inconsistent with such disclaimer. While the two aforementioned contract units may be deemed appropriate,8 no party desires an election in either of such unit. Accordingly, we shall dismiss the petition herein.9 [The Board dismissed the petitions.] 7 The record does not reflect the status of any negotiations for renewal of the 1956-57 contract covering the drivers and chauffeurs at Glen Cove.

8 Housatonic Public Service Company, 111 NLRB 877.

8 Ibid.

Convair, a division of General Dynamics Corporation (Fort Worth) i and Aeronautical Industrial District Lodge 776,

International Association of Machinists,' Petitioner. Case No.

16-R-1724. April 7, 1958 SUPPLEMENTAL DECISION AND ORDER

Pursuant to a Decision and Direction of Elections issued on September 20, 1946,8 elections were directed in various units. On Decemi The name of the Employer, which was designated as Consolidated Vultee Aircraft Corporation (Fort Worth Division ) when this proceeding arose in 1946, appears as amended at the hearing.

S The name of the Petitioner , which was designated as International Association of Machinists , Local No. 776, in the original proceeding , appears as designated in documents filed by the Petitioner in the current proceeding 8 70 NLRB 1357.

120 NLRB No. 51.

ber 2, 1946, the Board certified International Association of Machinists, Local No. 776, as the bargaining representative of a unit of hourly rated production and maintenance employees.

On July 17, 1957, the Petitioner filed a motion for clarification, requesting inclusion, in the unit it represented, of all laboratory electronics technicians A. On August 19, 1957, the Employer filed its opposition to this motion. On September 6,1957, the Board remanded the matter to the Regional Director for the Sixteenth Region for the purpose of taking testimony with respect to the unit placement of the category in question. Pursuant thereto, a hearing was held on November 4, 5, 6, and 7, 1957, before Marvin L. Smith, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed 4

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

  1. The unit background The production and maintenance unit established in 1946 was as follows :

    All hourly rated production and maintenance employees of the Employer at its Fort Worth Division, including all confidential employees performing manual labor, tool designers performing manual labor, tool provers, leadmen, department clerks employed in the factory in connection with production and maintenance records, and all maintenance electricians, but excluding all executives, administrators, professional employees, draftsmen and technicians, general office employees, general foremen, foremen and assistant foremen, supervisors and assistant supervisors, department heads and assistant department heads, engineers, medical employees, plant-protection employees, accounting and cost employees, accounting section heads, the accounting supervisors, inspectors, the chief inspector, timekeepers and time clerks, tool design checkers, tool clerks, all tool planners, tool designers and tool liaison employees not performing manual labor, student employees, department clerks employed in the general offices, the general foremen's offices and the parts plant office, and all or any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action 6 * The Employer's motion to dismiss, referred by the hearing officer to the Board, is granted for the reasons stated below 6 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].

    • International Association of Machinists, Lodge 776-A, was certified as the representative of a similar unit on March 10, 1943. (Consolidated Aircraft Corporation, 47 NLRB 30.) Technicians were excluded in both certifications.

    The production and maintenance unit, which includes about 10,000 employees, has been modified from time to time in some respects, either by the Board pursuant to petitions and motions for clarification, or by agreement of the parties.

  2. The disputed...

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