Firestone Tire and Rubber Co.

National Labor Relations Board - Board Decisions

Aug 1, 1957

118 N.L.R.B. 942 (N.L.R.B. 1957)

942 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX B
NOTICE TO ALL EMPLOYEES
Pursuant to the recommendations of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the Labor Management
Relations Act, we hereby notify our employees that:
WE WILL NOT discourage membership in American Federation of Hosiery
Workers, AFL-CIO, or any other labor organization, by discriminating in regard
to the hire or tenure of employment or any terns or condition of employment of
any of our employees.
WE WILL NOT in any other manner, interfere with, restrain, or coerce our
employees in the exercise of their right to self-organization, to form labor or-
ganizations , to join the aforesaid labor organization, or any other labor organi-
zation, to bargain collectively through representatives of their own choosing,
and to engage in concerted activities for the purpose of collective bargaining
or other mutual aid or protection, or to refrain from any and all such activities,
except to the extent that such right may be affected by an agreement requiring
membership in a labor organization as •a condition of employment, as authorized
in Section 8 (a) (3) of the Act.
WE WILL offer John E. Horton immediate and full reinstatement to his
former or a substantially similar position without prejudice to his seniority and
other rights and privileges and make him whole for any loss of pay suffered as
a result of the discrimination against him.
All our employees are free to become, remain, or refrain from becoming or re-
maining members of any labor organization, except as that right may be affected by
an agreement requiring membership in a labor organization as a condition of em-
ployment, as authorized in Section 8 (a) (3) of the Act. We will not, discriminate
in regard to the hire or tenure of employment or any term or condition of employ-
ment against any employee because of membership in or activity on behalf of any
labor organization.
ARCHER . MILLS, INC.,
Employer.
Dated------------------- By-------------------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof, and must not be
altered, defaced, or covered by any other material. _
Firestone Tire and Rubber Company (Muskegon Firestone Auto
Supply and Service Stores, Incorporated , a Subsidiary) I and
Teamsters Local 527, affiliated with the International Brother-
hood of Teamsters , Chauffeurs, Warehousemen and Helpers
of America, AFL-CIO, Petitioner. Case No. 7-RC-3394. Au-
gust 1, 1957
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 Iris H. Meyer, hearing officer.
The hearing officer's rulings made at the hearing are free from prej-
udicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
1 The name of the Employer appears as amended at the hearing.
118 NLRB No. 118.
FIRESTONE TIRE AND RUBBER COMPANY 943
2. The labor organization named below claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of certain 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 a single unit of all employees at the Em-
ployer's Muskegon, Michigan, store or, alternatively, a servicemen's
unit and one of office clerical employees and salesmen. The Employer
contends that a storewide unit is inappropriate and that, in any event,
the office and sales personnel should not be represented by a bargain-
ing agent because they are supervisors and confidential management
employees.
The Employer is engaged in the retail business of selling tires, tubes,
and other automobile accessories. In conjunction with the sale of these
commodities, the Employer also sells gasoline and performs certain
services and into repairs for its customers. There are a total of about
12 employees at this store. We find, contrary to the Employer's con-
tention, that the office and sales personnel are neither supervisors nor
confidential employees as there is no evidence that they possess super-
visory authority or assist and act in a confidential capacity to persons
who formulate, determine, and effectuate management policies in the
field of labor relations.2 We further find that a single unit of selling
and nonselling employees is appropriate in this retail store.'
The following employees of the Employer constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All selling and nonselling employees at the Employer's Muskegon,
Michigan, store, including general servicemen, brakemen, gas island
attendant, office clerical employees, retail salesman, budget salesman 4
and outside salesman, but excluding the watchmen, guards, store man-
ager, service manager, office manager, and all supervisors as defined in
the Act.
5. The Petitioner asks the Board to set the eligibility date as of
the payroll period preceding January 25, 1957, the time of the recogni-
tion request. We see no reason, however, for departing from the
Board's usual eligibility period.
[Text of Direction of Election omitted from publication.]
MEMBERS RODGERS and BEAN took no part in the consideration of
the above Decision and Direction of Election.
2 The B. F. Goodrich Company, 115 NLRB 722, 724.
3 T. P. Taylor df Company, Inc., 118 NLRB 376.
As it is not clear from the record whether Budget Salesman Donald Beattie is a super-
visor, we shall permit him to vote subject to challenge.