The Firestone Tire and Rubber Co.

National Labor Relations Board - Board Decisions

Jan 16, 1951

92 N.L.R.B. 1376 (N.L.R.B. 1951)

In the Matter of THE FIRESTONE TIRE AND RUBBER COMPANY , EMPLOYER
and UNITED PROTECTION WORKERS OF AMERICA, INDEPENDENT,
PETITIONER
Case No. 8-RC-929
AMENDED DECISION AND DIRECTION OF ELECTION
January 16, 1951
On September 27, 1950, the Board issued a Decision and Direction
of Election in this proceeding.' On October 11, 1950, the Board, upon
motion of the Petitioner, reopened the proceeding for further evi-
dence with respect.to the duties of the firemen involved. In lieu of
further hearing, the parties have entered into, and made a part of the
record in the case, a stipulation with respect to the duties of the fire-
men.
By virtue of this stipulation, the record now indicates that these.
firemen at all times enforce against employees "No Smoking" rules,
all other fire prevention rules, and, in general, all rules relating to
safety and fire prevention. We find, therefore, contrary to our original
Decision, that the firemen are "guards" within the meaning of Sec-
tion 9 (b) (3) of the Act,2 and we shall include them in the "guard"
unit heretofore found, appropriate.
. In accordance with this finding, the unit found appropriate in
paragraph 4 of our original Decision is amended to read as follows :
All employees in the plant protection department of the Em-
ployer's Akron, Ohio, plants, including firemen , but excluding
receptionists, clerks, police sergeants , lieutenants, captains, and
professional employees-and supervisors as defined in the Act.
Our original Direction of Election, as amended by our Order of
October 11, 1950, is also amended by striking therefrom the words
"who were employed during the payroll period immediately preceding
the date of this Direction of Election," and substituting therefor the
words "who were employed during the payroll period immediately
preceding the date of the Amended Decision and Direction of Election
herein."
MEMBERS HOUSTON and REYNOLDS took no part in the consideration
of the above Amended Decision and Direction of Election.
' Unpublished.
a See General Motors Corporation , 80 NLRB 317.
92 NLRB No. 204.
1376