U. S. Rubber Co.

National Labor Relations Board - Board Decisions

Jul 27, 1948

78 N.L.R.B. 532 (N.L.R.B. 1948)

In the Matter of U. S. RUBBER CO. (SCOTTSVILLE PLANT), EMPLOYER
and TEXTILE WORKERS UNION OF AMERICA, CIO, PETITIONER and
UNITED TEXTILE WORKERS UNION, AFL, INTERVENOR
Case No. 5-RC-38.-Decided July 27,1948
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed'
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent
employees of the Employer.
3. A question of representation exists concerning the representation
of employees of the Employer, within the meaning of Section. 9 (c)
(1) and Section 2 (6) and (7) of the Act.2
1 The Intervenor ' s motion for oral argument is hereby denied, inasmuch as the record and
the briefs filed herein , in our opinion , adequately present the issues and positions of the
parties
" Houston , Reynolds , and Gray.
s The Employer and Intervenor assert that the agreement signed by them on January 13,
1948 , the date the instant petition was filed, is a bar to a determination of representatives.
We find no merit in this contention because the record is clear that the Employer was spe-
cifically apprised of the Petitioner ' s representation claim and petition the morning of Janu-
ary 13 , 1948, before the execution of the agreement with the Intervenor Therefore, the
contract cannot constitute a bar to representation proceedings See Matter of Eicor, Inc.,
46 N. L. R B. 1035 ; Matter of Mississippi Lime Company of Missouri , 71 N L R B. 472 ;
Matter of Hawley and Hoops , 72 N L R B. 1431 , Matter of Mac's Equipment Co, 72 N. L.
R. B 583 ; Matter of Public Service Corporation of New Jersey, 72 N L. R B. 224.
78 N. L. R. B., No. 67.
532
U. S. RUBBER CO. 533
4. The parties agree that production and maintenance employees
at the Employer's Scottsville plant, with certain exclusions , consti-
tute an appropriate bargaining unit. The only issue is the unit place-
ment of certain cafeteria employees.
The parties agree that the cafeteria manager and three clerks, who
are supervisors , should be excluded from the unit. The Petitioner
contends that the remaining cafeteria employees, two assistant clerks
and the three helpers, should be included in the unit; the Employer
contends they should be excluded; and the Intervenor takes no posi-
tion. These cafeteria employees were not included in the past bar-
gaining contracts.
We are of the opinion that the cafeteria employees, excluding the
cafeteria manager and the three clerks, may properly be included in
the existing production and maintenance unit if the employees so
desire.3 We shall make no determination respecting their unit place-
ment at this time, but defer our findings until such desires be known.
We shall, therefore, hold separate elections among the following
groups:
1. All production and maintenance employees at the Employer's
Scottsville plant, excluding office clerical, plant clerical, watchmen,
guards, laboratory employees, cafeteria employees, overseers , shift su-
pervisors , foremen, and all other professional and supervisory em-
ployees as defined in the Act.
2. All cafeteria employees at the Employer's Scottsville plant, in-
cluding assistant clerks and helpers, but excluding the cafeteria man-
ager, clerks, and other supervisors, as defined in the Act.
DIRECTION OF ELECTIONS 4
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, separate elec-
tions by secret ballot shall be conducted as early as possible, but not
later than 30 days from the date of this Direction, under the direction
and supervision of the Regional Director for the Region in which this
case was heard, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations-Series 5, among the
employees in the groups described in paragraph numbered 4, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction of Election, including employees who did
3Jfattei of Armour and Company, 63 N L R B 582
_tn) pai ticipant in the election he.em may, upon its prompt i eguest to, and apps nv 1
0 eicof by, the Regional Directoi, have its name removed from the hallot
7:18767-_9-N of 78-35
534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
not work during said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, 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 elections, and also excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether they desire to-be represented, for purposes of collective bar-
gaining , by Textile Workers Union of America, CIO, or by United
Textile Workers Union, AFL, or by neither.