56 N.L.R.B. 183 (N.L.R.B. 1944)

Libbey-Owens-Ford Glass Co.

National Labor Relations Board - Board DecisionsMay 2, 1944

56 N.L.R.B. 183 (N.L.R.B. 1944)

In the Matter of LIBBEY-OWENS -FORD GLASS COMPANY and FEDERATION of GLASS, CERAMIC AND SILICA SAND WORKERS OF AMERICA, CIO Case No. 13-R-2255.-Decided May 2, 19!4 Marshall, Melhorn, Wall d Bloch , by Messrs . Arnold F.'Bunge, L. G. Bryan, and E. H. Van Delden, all of Toledo , Ohio, for the Company. Holmes, Lewis d Menendez , by Messrs . W. T. Lewis and Leland Beard, of Columbus , Ohio, and Mr . Arthur Norman, of Ottawa, Ill., for the Union., Mr. William Strong , of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Federation of Glass, Ceramic and Silica Sand Workers' of America, CIO, herein called the Union, alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Libbey-Owens-Ford Glass Company, Ottawa, Illinois, herein called the' Company, the National Labor Rela 'tioiis Board provided for an appropriate hearing upon due notice before Jack G. Evans, Trial Examiner. Said hearing was held at Ottawa, Illinois, on March 31, 1914. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. At the hearing the Company moved for dismissal of the proceeding on the ground that there 'has been no showing of'substantial interest by the Union in the employees involved. The Trial Examiner reserved ruling for the Board. The motion is denied.' All parties were af- forded 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 Libbey-Owens-Ford Glass Company, an Ohio corporation having its principal office in Toledo, Ohio, maintains and operates production 56 N., L. IL B., No. 38. 183 184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD' plants in numerous States of the United States. One of its plants, the only operation of the Company here involved, is located at Ottawa, Illinois, where the Company normally produces flat glass and lami nated glass, but where at present the Company is producing aircraft windshield glass and cabins under Government contracts. The Com- pany purchases for use at its Ottawa plant raw materials valued' at approximately $3,000,000 annually, approximately 75 percent of which is shipped to the Ottawa plant from points outside the State of Illinois. At its Ottawa plant the Company manufactures finished products .'valued at approximately $10,000,000 annually, all of which is shipped to points outside the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. TIIE ORGANIZATION INVOLVED Federation of Glass, Ceramic and Silica Sand Workers of America, is a labor organization affiliated with the Congress of Industrial Or- ganizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On January 8, 1944, ,the Union wrote to the Company claiming to represent a majority of the office workers at'the Company's Ottawa plant and requesting a meeting to negotiate a contract covering these employees. On January 12, 1944, the Company replied by letter, ask- ing for specification as to what group the Union meant by the term "office workers." On February 9, 1944, the Union wrote an explana- tory letter to the Company. The Company has not met with the Union, and stated at the hearing that it was not willing to recognize 'the Union as the exclusive bargaining, agent of the employees in the unit sought by the Union. i , A statement of the Field Examiner, introduced into evidence at the hearing, 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 Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial agreement with a stipulation of the partie-3, that all the clerical employees, as listed on Appendix A hereto, em- ployed at the Ottawa, Illinois, plant of Libbey-Owens-Ford Glass Company, excluding the plant manager, the assistant plant manager, 1 The Field Examiner reported that the Union submitted 76 designation cards and records of dues payments , and that there are approximately 150 persons within the appropriate unit. LIBBEY-OWENS-FORD GLASS COMPANY 185 'the office manager, the assistant office manager, the safety- and per-, sonnel supervisor, the assistant safety and personnel supervisor, the labor relations directors, and their respective secretaries, disburse- ment clerks, engineer-draftsmen, the telephone operator, the stores supervisors, and all other supervisory employees with authority to, hire, promote, discharge, discipline, or otherwise effect changes, in the status of employees, or effectively recommend such action,2 constitute a unit appropriate for the purposes 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 em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date, of the Direction of Elec- tion 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 Relations 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, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with the Lilly- Owens-Ford Glass Company, Ottawa, Illinois, an election by secret ballot shall be conducted 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 Thirteenth 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 employee's 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 em- ployees who did not Work during said pay-roll period because they 'were ill or on vacation or temporarily laid off, and including em- ployees in the armed forces of the United States who present them- 2 While the parties have stipulated to the inclusion in the unit of chief clerks and/or leaders, and certain head clerks, as shown in Appendix A, the record does not clearly indi- cate that they do not possess such powers and authority as would cause them to fall within the excluded category of supervisory-employees under our usual definition. It appears from the record that chief clerks and leaders may have the authority to recommend the hiring and discharging of other employees. If these categories of employees possess supervisory powers within our normal definition , they are to be excluded from the unit ; otherwise they are included. 186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD selves in person at the, polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election; to determine whether or not they desire to be represented by Federation of Glass, Ceramic and Silica Sand Workers' of America, affiliated with the Congress of Industrial Organizations, ' for the purposes of collective bargaining. APPENDIX A Stores Department Chief Clerk Stenographer and' Central File Clerk Tool Record Clerk _ Invoice Clerk Invoice Clerk-Tool`s , Stenographer and Clerk-Tools and Distribution Stenographer and Clerk-'Traffic Typists Typist-Clerks MRR Clerk V Stenographer and,Typist Inventory Certification and Follow-up Clerk, MRO Procurement Supplies Clerk Head' Receiving Clerk-Record Receiving Record Clerks Head Ledger Clerk Assistant Ledger Clerk Ledger Clerks Ledger and Reject Clerk Army and Navy Certif. Record Clerk Receiving Reports Cert. and Insp. Clerk ' Receiving Clerks - Shearing Clerk Obsolete Clerk Material Allocation Department Chief Clerk Posting Clerk, Typist and Clerk ' Material Control Division, P-47 Chief Clerk _ ' V o Assistant Chief Clerk Scheduling Clerk Follow-up Clerk ' Stenographer Clerk and Typist Posting Clerk LIBBEY-OWENS-FORD GLASS COMPANY _ 187 F4U-1A Division Chief Clerk - Assistant Chief Clerk Scheduling Clerk Follow-up Clerk -Stenographer Typist and Clerk Posting Clerk SB2c-1 Division Chief Clerk Assistant Chief Clerk Scheduling Clerk Follow-up Clerk Stenographer Posting Clerk - ` Typist TBY-1 Division ,Chief Clerk Shipping Clerk-Stock Stenographer-Clerk Central Filing . Correspondence Filing Clerk, Orders, MRR's Filing Clerk Orders-Typist Engineering Department ' Detail Clerks Clerical-Chief Clerk Stenographer ' Stenographer and Clerk Blueprint Operator Duplicating Machine Operator Payroll Department Timekeepers Clerks Typist-Clerks - • Comptometer Operator Clerks ' Comptometer Operator-Stenographers Chief Clerk ' -Work Orders Division • Chief Clerk , Distribution Clerk - Typist-Clerks Machine Shops ' - Clerks of No. 5 and No. 7 188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Tools Division Chief Clerk Clerk Employment and Safety Department Clerk-Stenographer Typist-Clerks First Aid Nurses Shipping Department Chief Clerks Assistant Chief Clerk Clerk, Finished Parts Clerk, Spare Parts Stenographer-Typist Miscellaneous Messenger Salvage Typist