The Hagerstown Rubber Co.

National Labor Relations Board - Board Decisions

Sep 28, 1943

52 N.L.R.B. 891 (N.L.R.B. 1943)

In the Matter of THE HAGERSTOWN RUBBER COMPANY and FEDERAL
LABOR UNioN No. 23470, A. F. OF L.
In the Matter of THE HAGERSTOwN RUBBER COMPANY and LOCAL 461,
U. A. W.-C. I. O.
Cases Nos. 5-R-1331 and 5-R-1347 respectively .Decided September
28, 1943
Mr. Lacy I. Rice, of Martinsburg , W. Va., for the Company.
Mr. Joseph Gillis, of Baltimore , Md., for Local 23470.
Mr. Paul A. Wagner, of Baltimore , Md., and Mr. Jim Gift, of Wil-
liamsport , Md., for the U. A. W.-C. I. O.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions duly filed by Federal Labor Union No.
23470, A. F. of L., herein called Local 23470, and Local 461, U. A. W.-
C. I. 0., herein called the U. A. W.-C. I. 0., alleging that questions
affecting commerce had arisen concerning the representation of em-
ployees of The Hagerstown Rubber Company, Hagerstown, Maryland,
herein called the Company, the National Labor Relations Board con-
solidated the cases and provided for an appropriate hearing upon due
notice before Robert A. Levett, Trial Examiner. Said hearing was
held at Hagerstown, Maryland, on September 10, 1943. The Com-
pany, Local 23470, and the U. A. W.-C. I. O. appeared, participated,
and were afforded full opportunity to be heard, to examine and' cross-
examine witnesses, and to introduce evidence bearing on the issues.
During the hearing counsel for the Company moved to dismiss the pe-
tition. The Trial Examiner reserved ruling. The motion is hereby
denied. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board.
52 11 . L. R. B., No. 158.
891
892 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Hagerstown Rubber Company is a Maryland corporation en-
gaged in the manufacture of rubber soles and heels at Hagerstown,
Maryland. During the first 6 months of 1943 the Company used raw-
materials valued at about $80,000, all of which was shipped to it from
points outside the 'State of Maryland. During the same period the
Company sold finished products valued at about $280,000,' approxi-
mately $240,000 worth of which was shipped to points outside the
State of Maryland. The Company admits that it is engaged in-com-
merce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Federal Labor Union No. 23470 is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
Local 461, U. A. W.-C. I. 0., is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize Local 23470 or the U. A. W.-
C. I. O. as the exclusive collective bargaining representative of its-
employees until they are certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that Local 23470 and the U. A. W.-C. I. O. each
represents a substantial number of employees in the unit hereinafter
found to be appropriate.'
We find that questions affecting commerce have 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
Local 23470 contends that all production and maintenance employees
of the Company, including the guard, but excluding foremen, super-
visory employees having authority to hire and discharge, and clerical
employees, constitute an appropriate unit. The U. A. W.-C. I. 0., in
i The Regional Director reported that Local 23470 presented 82 membership application
cards bearing apparently genuine signatures of persons whose names appear on the
August 1, 1943, pay roll of the Company . He further reported that the U. A. W -C. I. O.
presented 81 authorization cards bearing apparently genuine signatures of persons on
that pay roll . There are approximately 172 employees in the appropriate unit.
THE HAGERSTOWN RUBBER COMPANY 893
addition, would include assistant foremen, the forelady, and the ship-
ping clerk in the unit. The Company would exclude assistant fore-
men, the forelady, the shipping'clerk, and the guard.
. The Company employs five assistant foremen. They assign work,
transmit orders, make out production tickets and daily time sheets
and are held responsible for the proper curing of heels and soles. The
assistant foremen have the authority to recommend the hire and dis-
charge of their subordinates. We find that assistant foremen are
supervisory employees, and as such, they shall be excluded from the
unit.
The Company employs one forelady who transmits orders, checks
heel tickets, and keeps time in the trimming department. The f ore-
lady has the authority to recommend the hire and discharge of her
subordinates. Accordingly, we shall exclude her from the unit.
The Company has in its employ one guard. The guard is not
uniformed, armed, or a member of any police or military reserve
organization. Under the circumstances, we shall include him in
the unit.
The shipping clerk receives certain materials, assembles orders,
makes out packing lists and bills of lading, and supervises the 'load-
ing of freight cars. In connection with the loading of freight cars,
he requisitions laborers from the various foremen. The shipping
clerk has the authority to reject any employees sent to him and he
makes recommendations concerning the work of such employees.
The record discloses that he spends about 70 percent of his time
performing clerical functions. Inasmuch,as the duties of the ship-'
ping clerk are clerical and supervisory in nature, we shall exclude
him from the unit.
We find that all production and maintenance employees of the
Company, including the guard, but excluding cl'ical employees,
foremen, assistant foremen, the forelady, the shipping clerk, and
any other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, 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 questions concerning representation which
have arisen be resolved by means of 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.
894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Hagers-
town Rubber Company , Hagerstown , Maryland , 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 direc-
tion and supervision of the Regional Director for the Fifth Region,
acting in this matter as agent of 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 any who have since quit or
been discharged for cause , to determine whether they desire to be
represented by Federal Labor Union No. 23470, affiliated with the
American Federation of Labor or by Local 461 , U. A. W.-C. I. 0.,
affiliated with the Congress of Industrial Organizations , for the pur-
poses of collective bargaining, or by neither.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Diction of Election.