Norwalk Tire & Rubber Co.

National Labor Relations Board - Board Decisions

Aug 23, 1944

57 N.L.R.B. 1520 (N.L.R.B. 1944)

In the Matter of NORWALK TIRE & RUBBER- COMPANY and UNITED
RUBBER WORKERS OF AMERICA, AFFIL . WITH CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. 2-R-4748.=Decided August 03, 1944.
Tammany & Connery by Mr. Paul R. Cownery, of South Norwalk,
Conn., for the Company.
Rothbard, Greenstone, Harris & Talisnum by Mr. Clarence Talis-
man, of Newark, N. J., for the Union.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF. ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Rubber Workers of America,
affiliated with the Congress of Industrial Organizations, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Norwalk Tire & Rubber
Company, Norwalk, Connecticut, hereili, called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Cyril W. O'Gorman, Trial Examiner. Said
hearing was held at South Norwalk, Connecticut, on July 6, 1944.
The Company and the Union appeared, participated, and were af-
forded 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
1. THE BUSINESS OF THE COMPANY
Norwalk Tire & Rubber Company, a Connecticut corporation, is en-
gaged at its plant in Norwalk, Connecticut, in the manufacture of auto-
1 At the hearing the Company requested the Privilege of presenting oral argument before
the Board . Although the Trial Examiner informed the Company 's representative that such
requests must be made directly to the Board and advised him to make the request immedi-
ately , no formal request for oral argument has been received by the Board . Since the
position of the Company was clearly and lengthily presented in the record , we are satis-
fied that , had any formal request been made, it would have been denied.
57 N. L. R. B, No. 245.
1520
NORWALK TIRE & RUBBER COMPANY 1521
mobile tires, tubes, fan belts, radiators, hose, storage batteries, and
soles and heels for footwear. The principal raw materials purchased
by the Company are synthetic rubber, reclaimed rubber, pigments, and
lead. During the 1-year period next preceding the hearing, the Com-
pany purchased raw materials in volume in excess of $1,000,000 in
value, over 90 percent of which was shipped to the plant. in Norwalk,
Connecticut, from points outside the State. Its finished products dur-
ing that period were valued at more than $1,000,000, 75 percent of which
was shipped from the Company's plant to points outside the Sate of
Connecticut.
We find that the operations of the Company affect commerce within
the meaning of the National Labor Relations Act.,
II. THE ORGANIZATION INVOLVED
United Rubber Workers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In April 1944 the Union requested that the Company confer with it
concerning recognition of the Union. as the exclusive bargaining repre-
sentative of the Company's employees. In the ensuing conferences,
the Company agreed, to enter into a consent-election agreement pro-
viding its employees in the armed forces should be allowed to partici-
pate by mail in the election. In accordance with the policy established
by the Board,2 the Union would not agree to the proviso.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.3
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
The Union requests a unit consisting of all production and mainte-
nance employees of the Company, exclusive of office, clerical, and
supervisory employees. The Company refuses to take any position
whatsoever on the question of the appropriate unit, relying upon its
2 See Hatter of TVilson it Co, Inc, 37 N. L R B 944
The Field Examiner ueported that the Union submitted 279 application fo1 membeiship
cards, that there are approximately 500 employees in the appropuate unit, that 277 of
the cards were dated in the months of January thiough June 1944, and that 2 were
undated
0 012 4 8--4 5-v o l 5 7-- 9 7
- 1522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'contention that the question of voting by mail must be settled before
any other issue, can be tried. Testimony was adduced at the hearing
to determine whether the following employees, all of whom the Union
would include in the unit, should or should not be so included:
Assistant-foreman=inspector and assistant to foreman, and factory
trucker: These employees have ho authority to effect changes in the
status of employees. They carryout the instructions of their respective
foremen in the latters' absences.' We find that -they are production
and maintenance employees and shall -include them as such in the
appropriate unit.
Night foreman-maintenance : This employee's title is a misnomer.
He is employed as a night repairman. He has no assistants,, nor does
lie possess any authority to effect changes in the status of any employee.
We find that he is a maintenance employee and shall include him in the
appropriate unit.
Ca f eteria workers: There are t%yo cafeteria workers, a manager and
cook, and her assistant, who are carried on the Company's salaried pay
roll which lists supervisory and clerical personnel. The Union would
include them in the unit. The manager and cook, with the aid of the
assistant prepares a list of foods and supplies that may be required in
the cafeteria, prepares the food, 'and washes the dishes. All purchas-
ing is handled by the Company's puichasiiig agent. The cafeteria'
,workers handle, no money. We find that the cafeteria workers are
neither supervisory nor clerical and perceive no reason for excluding
them from the appropriate unit.
Factory clerks: The factory clerks are employed throughout the
plant. They work in conjunction with the production workers, keep-
ing the records that must be compiled in the factory. They share all
the working conditions and the supervision of the production em-
ployees. There are three such clerks who work in the Company's
laboratory, performing the work of laboratory assistants. Their work,
however, is not technical. We find that the interests of the factory
clerks are consonant with those of the production employees with
whom they work, and, accordingly, shall'include them in the unit.
Armed guards:, The Company's guards are armed but not mili-
tarized. In accordance with our usual practice, we shall include them
in the unit.
We find that all production and maintenance employees employed
by the Company in its Norwalk, Connecticut, plants, including-cafe-
teria workers, factory clerks, and armed guards, but excluding office
clerical employees and all supervisory employees with authority to
hire, promote, discharge, discipline, or. otherwise effect changes in the
status of employees, or effectively recommend such action, constitute
NORWALK TIRE & RUBBER COMPANY 1523
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION 'OF REPRESENTATIVES
The Union -requests that the Board fix as an eligibility date the date
it presented its authorization cards to the Board. The Company
insists that no election be held unless its employees, now members of
the armed forces, be allowed to participate in the election by mail.
We perceive no unusual circumstances that warrant departure of rom
our usual practice in either instance.
Accordingly, we shall direct that the question concerning' represen-
tation 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 immediately 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
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, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Norwalk Tire ^C
-Rubber Company, Norwalk, Connecticut, 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 super-
vision of the Regional Director for the Second 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
the said pay-roll period because they were ill or on vacation or tempo-
rarily laid' off, and including employees in, the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding 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
United Rubber Workers of America, affiliated with the Congress of
Industrial Organizations; for the 'purposes of collective bargaining.
CHAIRMAN MILLIS took no part in 'the consideration of the above
Decision and Direction of Election.