Mcdonnell Aircraft Corporation And International Association Of Machinists, District No. 9, A. F. L., 897 (1943)

In the Matter of McDONNELL AIRCRAFT CORPORATION and INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 9, A. F. L.

Case No. R-5218.--Decided May 19, 1943 Mr. L. A. Smith and Mr. R. B. Hansen, both of St. Louis, Mo., for the Company.

Mr. Nelson Briner, of St. Louis, Mo., for the Union.

Mr. David V. Easton, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Association of Machinists,

District No. 9, A. F. L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of the McDonnell Aircraft Corporation, St. Louis, Missouri, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Ryburn L.

Hackler, Trial Examiner. Said hearing was held at St. Louis, Missouri, on April 21, 1943. 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. The Company and the Union filed briefs which the Board has considered.

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

FINDIDNGS OF FACT I. THE BUSINESS OF THE COMPANY McDonnell Aircraft Corporation, a Maryland corporation with its office and principal place of business in St. Louis, Missouri, is engaged in the manufacture and processing of aircraft parts and accessories.

The instant proceeding relates solely to the Company's operations at St. Louis, Missouri. During the calendar year 1942, it purchased and transported to its St. Louis plant raw materials valued in excess of $50,000, and during the same period it sold and transported finished aircraft parts valued in excess of $50,000, through and into States other than the State of Missouri. The Company is at present entirely engaged in the production of war materials, and admits that it is engaged in commerce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATION INVOLVED International Association of Machinists, District No. 9, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company.

3. THE QUESTION CONCERNING REPRESENTATION On or about March 7, 1943, the Union, by letter, requested recognition as the sole collective bargaining representative of the Company's employees in the Inspection Department. On or about March 9, the Company replied by letter requesting a conference with the Union to discuss the matter. On or about March 16, a conference was held at which time the Company took the position that the unit sought by the Union was inappropriate and refused recognition upon that basis.

   A statement of the Trial Examiner, read into evidence at the hearing, indicates that the Union represents a substantial number of employees within the unit hereinafter found 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...