Firestone Tire & Rubber Co.

National Labor Relations Board - Board Decisions

Jun 27, 1945

62 N.L.R.B. 942 (N.L.R.B. 1945)

In the Matter of FIRESTONE TIRE & RUBBER COMPANY and OIL WORKERS
INTERNATIONAL UNION, C. I. 0., LOCAL 228
Case No. 16-R-1239.Decided June 27, 1945
Mr. William H. Neary, of Dallas, Tex.; Messrs, Henry Koehler, Jr., and
E. J. Mecham, of Port Neches, Tex., for the Company.
Messrs. W. J. Trombley and L. L. Crane, of Port Neches, Tex., for the
C. I. O.
Mr. Bruce C. Heath, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION*
STATEMENT OF THE CASE
Upon a petition duly filed by Oil Workers International Union, C. I. 0.,
Local 228, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of the Fire-
stone Tire & Rubber Company, Port Neches, Texas, herein called the
Company, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Lewis Moore, Trial Examiner. Said hear-
ing was held at Beaumont, Texas, on May 3, 1945. The Company and the
Union appeared and participated. All parties 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 All parties
were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
The Firestone Tire & Rubber Company is an Ohio corporation doing
business in the State of-Texas. The Company's Texas plant is located at
Port Neches, Texas, and is the plant involved in this proceeding. The
"` The Decision and Direction of Election appears as amended by the Board on July 31, 1945
62 N L. R B., No, 118.
942
FIRESTONE TIRE & RUBBER COMPANY 9d3
Company is engaged in the production of synthetic rubber manufactured
from butadiene and other products . Approximately 60 percent of the mate-
rials used at the plant are shipped to it from points outside the State of
Texas, and approximately 100 percent of the rubber produced is shipped to
points outside of Texas. The properties of the plants are owned by the
Defense Plant Corporation , an instrumentality of the United States Gov-
ernment, and are leased to the Rubber Reserve Company . The Company
operates this plant on behalf of the Rubber Reserve Company.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Oil Workers International Union, Local 228, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to member-
ship employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until the
Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of employees
in the unit hereinafter found appropriate'
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company. within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act
IV THE APPROPRIATE UNIT
The Union and the Company agree generally that a unit of all office and
clerical employees, excluding confidential, professional, technical, and super-
visory employees, is appropriate. They are in dispute, however, with regard
to certain employee categories discussed below.
Secretaries. The Company employs four secretaries to the office, produc-
tion, plant (or safety), and personnel managers, resepctively The Com-
pany contends they are confidential employees, and the Union disagrees.
The evidence discloses that they perform the usual secretarial duties, in the
performance of which they acquire confidential information relative to
labor relations. We shall exclude them.'
Personnel Department. The Company would exclude the employees in
I The Field Examiner reported that the Union submitted 32 authorization cards, that the names
of 32 persons appearing on the cards were listed on the Company's personnel cards on April 17,
1945, which contained the names of 33 employees in the appropriate unit, and that the cards were
dated February and March 1945. At the hearing 9 additional cards were submitted , these cards
were dated March and April 1945
2 See Matter of Aluminum Company of America, 61 N L R B 1066
944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
this department ; the Union would include all but the personnel manager. It
would also include the chief production clerk who, in the absence of the
personnel manager, is in charge of the department. In accordance with our
usual practice, we shall exclude all employees.of the personnel department,'
and shall also exclude the chief production clerk, whom we find to be a
supervisory employee.
Chief Stock and Order Clerk. The Company would exclude this employee
and the Union would include him. The chief clerk is in charge of the depart-
ment and possesses authority to effectively recommend the discharge and
discipline of employees under his sueprvision. Accordingly, we find that he
is a supervisory employee and we shall exclude him.
Junior Accountants. The Company employs three employees in this
job classification. Although they direct the work of two or three other
employees, the record does not establish that they have effective authority
regarding changes in the status of such employees. Accordingly, we shall
include them.
Telephone and 'Comptonteter Operators. The Company employs four
telephone operators and several comptometer operators who operate tele-
type and telegraph machines,, all of whom the Company contends should be
excluded because of the confidential nature of their work; the Union would
include them. The telephone operators are not expected to listen to conver-
sations more than to assure themselves that there is a proper connection.
Although the comptometer operators read the teletype and telegraph mes-
sages that are transmitted, the Company normally does not transmit con-
fidential information concerning labor relations in this manner. Since it
appears that neither the telephone nor the comptometer operators in the
normal course of their duties acquire confidential information relating to
labor relations, we shall include them.'
Typists, Typist-Clerk, Messenger-Mail Clerk, Duplicating Machine Op-
erator. These employees perform routine typing and clerical duties normally
performed by employees in these classifications. The Company contends
that they have access to confidential information and, therefore, should be
excluded from the unit. However, since the information to which they
have access does not relate to labor relations, we shall include them.
The Trainee (Receiving Department). The Company employs one trainee
who, upon completion of his training, will be assigned the duties of a fore-
man in the receiving department. While he now directs the work of one
employee, he does not have supervisory authority at this time within the
Board's customary definition thereof. Accordingly, we shall include him
in the unit until such time as he assumes the position of foreman.
We find that all office and clerical employees of the Company, including
8 See Matter of Aluminum Company of America , 61 N. L R B. 1066.
' See Matter of Aluminum Company of America, 61 N L R. B 1066; Matter of General Cable
Corporation, 55 N. L . R. B. 1143; Matter of Murray Corporation of America, 45 N. L. R. B. 854.
FIRESTONE TIRE & RUBBER COMPANY 945
the trainee (receiving department), junior accountants, telephone opera-
tors, comptometer operators, teletype operators, typists, typist-clerks,
messenger-mail clerk, and duplicating machine operator, and the comptoni-
eter operator, accountant clerk, and typist clerk m the pay-roll department,
but excluding chief stock and order clerk, chief production clerk, senior
accountant, secretaries to the office, production, and plant managers, per-
sonnel department employees, professional and technical employees, and all
or any other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees in
the appropriate unit who were employed during the pay-roll period immedi-
ately preceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor Re-
lations Board by Section 9 (c) of the National Labor Relations Act, and
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-' Series 3, as amended, it is hereby
DIRECTED thaw, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Firestone Tire & Rubber
Company, Port Neches, Texas , an election by secret ballot shall be con-
ducted as early as possible , but not later than thirty ( 30) days from the date
of this Direction , under the direction and supervision of the Regional
Director for the Sixteenth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III , Sections 10
and 11 , of said Rules and Regulations , among the employees in the unit
found appropriate in Section IV, above, who were employed during the
pay-roll period immediately preceding the date of this Direction , including
employees who did not work during said pay-roll period because they were
ill or on vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person at the
polls, but excluding those employees who have since quit or been discharged
for cause and have not been rehired prior to the date of the election, to
determine whether or not they desire to be represented by Oil Workers
International Union, Local 228, affiliated with the Congress of Industrial
Oragnizations , for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above Deci-
sion and Direction of Election.