United Aircraft Corp.(Hamilton Standard Div.) v. NLRB, 376
| Decision Date | 08 July 1964 |
| Docket Number | No. 376,Docket 28490.,376 |
| Citation | 333 F.2d 819 |
| Parties | UNITED AIRCRAFT CORPORATION (HAMILTON STANDARD DIVISION), Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. |
| Court | U.S. Court of Appeals — Second Circuit |
Joseph C. Wells, Washington, D. C. (Winthrop A. Johns, Reilly & Wells, Washington, D. C., on the brief), for petitioner.
Melvin J. Welles, Washington, D. C. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, Lee M. Modjeska and William Wachter, Washington, D. C., on the brief), for respondent.
Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.
The question presented is whether trainees enrolled in the "Limited Production Machinist Program" instituted by the petitioner, United Aircraft Corporation, in its Hamilton Standard Division, located in Windsor Locks, Connecticut, were members of the bargaining unit represented by Lodge No. 743, International Association of Machinists. We find substantial evidence in the record to support the National Labor Relations Board's determination that the trainees were members of the bargaining unit and that the petitioner violated §§ 8(a) (5) and (1) in refusing to bargain with the union with regard to the working conditions of the trainees.
The union was certified in 1941 as the bargaining representative of the production and maintenance employees of United's Hamilton Standard Division. In their first collective bargaining agreement, negotiated in 1941, the parties described the bargaining unit as excluding "apprentices, trainees and students * * *." No mention has been made of trainees in the ten collective bargaining agreements entered into since that time.
Prior to 1952 the Hamilton Standard Division was located in East Hartford, Connecticut, on property contiguous to United's Pratt and Whitney Division. Some employees of both divisions attended a training school established by United in Hartford, some distance from the plants, and operated intermittently since 1941. These trainees were deemed outside the bargaining unit and were not represented by any union. No Hamilton Standard employees attended the training school subsequent to the end of World War II, and it appears that after 1942 no members of the production and maintenance bargaining unit attended the school.
In October 1962 the company posted a notice on its bulletin board announcing the establishment of a "Limited Production Machinist Program" to increase the qualified personnel in the Limited Production Department, which produces items in small quantities after development in the experimental department but prior to full production. The notice described a 22-week program, of approximately 15 weeks of classroom work and machine operation in the Machine School Training Area, which is set apart from the regular operational areas of the factory, plus 7 weeks of on-the-job training in the Limited Production Department. Preference was to be accorded the company's own employees, although enrollees were also to be accepted from without the company's work force. Those who satisfactorily completed the course were to be assigned permanent places in the Limited Production Department, the remaining trainees to be returned to their prior jobs, if available. Regular employees in the Limited Production Department are members of the bargaining unit represented by Lodge 743, as are other production employees to whom United gives on-the-job training.
Shortly after posting of the notice, Butler Seedman, president of the union, met with James Vandervoort, personnel manager of the company, who stated the company's position that enrollees in the training program would not be members of the bargaining unit and consequently would not enjoy the benefits of the collective bargaining agreement during their tenure as trainees. Seedman replied that he would have to consult with other union officials in order to present the union's position on the question. At a second meeting Seedman stated the union's position that trainees would be members of the...
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