Zenith Optical Co.

National Labor Relations Board - Board Decisions

Nov 27, 1944

59 N.L.R.B. 593 (N.L.R.B. 1944)

In the Matter of ZENITH OPTICAL COMPANY and AMERICAN FLINT
GLASS WORKERS' UNION OF NORTH AMERICA, A. F. OF L.
Case No. 9-R-1600.-Decided November 27, 19!4
Messrs. E. A. Marshall and J. A. Wills, of Huntington, W. Va., for
the Company.
Mr. Edward Shay, of Star City, W. Va., for the A. F. of L.
Mr. B. T. Wolford, of Huntington, W. Va., for the C. I. O.
Mr. Louis R. Mercado, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon a petition duly filed by American Flint Glass Workers' Union
of North America, A. F. of L., herein called the A. F. of L., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Zenith Optical Company, Huntington, West
Virginia, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
James A. Shaw, Trial Examiner. Said hearing was held at Hunting-
ton, West Virginia, on October 20,1944. The United Optical Workers'
Union, Local 1326-C. I. 0., herein called the C. I. 0., filed a motion
to intervene with the Regional Director prior to the hearing, which
motion was referred to the Trial Examiner for consideration at the
hearing. The motion was granted by the Trial Examiner. The Com-
pany, the A. F. of L., and the C. I. O. appeared and participated.
All parties were afforded 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
U
1. THE BUSINESS OF THE COMPANY
The Company is a partnership engaged in the business of processing
optical glass 1 for the United States Army and Navy and in the
1 The processing consists chiefly of grinding the optical glass
59 N. L. R. B., No. 116.
593 .
594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manufacture of glass for radio and radar tubes in separate plants
located in Huntington, West Virginia. The Company's optical glass
processing operations are conducted in a plant comprising 3 buildings
where about 900 persons, largely unskilled, are employed ; these opera-
tions are regarded strictly as a wartime industry. During the past
12-month period the Company delivered processed optical glass,
valued in excess of $500,000, to the Army and Navy at points outside
the State of West Virginia.
The Company's glass manufacturing business was started as a
permanent venture in May 1944, in a separate building on Thirteenth
Street in Huntington, West Virginia, where about 28 persons, mostly
highly skilled, are employed.2 During the past 12-month period
the Company purchased, for its glass manufacturing operations, ma-
terials consisting chiefly of sand, soda ash, lime, and other chemicals,
valued in excess of $10,000, of which 90 percent originated from points
outside the State of West Virginia; during the same period it sold
manufactured glass products valued in excess of $10,000, of which
90 percent was delivered to points outside the State of West Virginia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
American Flint Glass Workers' Union'of North America, affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
United Optical Workers' Union Local 1326, affiliated with the
Congress of Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the A. F. of L.
as the exclusive representative of the production and maintenance
employees engaged in the glass manufacturing enterprise at the
Company's Thirteenth Street plant, on the ground that it had a
contract with the C. I. O. which covered all of its employees. The
Company indicated that if the A. F. of L. were certified by the Board
in an appropriate unit, it would grant recognition.
The C. I. O. has represented the Company's employees engaged in
the grinding and processing of optical glass since September 29, 1943,
at which time the C. I. O. and the Company entered into a contract
whereby the Company recognized the C. I. O. as the exclusive bar-
gaining representative "for all, its employees in its Huntington, West
2 Minor reclamation work is also carried on in the building in which the glass manufac-
turing operations are conducted.
ZENITH OPTICAL COMPANY 595
Virginia, plants." This contract expired in September 1944, and at
the time of the hearing, the C. I. 0. and the Company were still ne-
gotiating a renewal thereof. At the time of its executing of this
contract in September 1943, the Company had not contemplated the
new glass manufacturing venture and in fact did not start these
operations until more than 7 months later. Most of the employees
engaged in the Company's glass manufacturing operations are highly
skilled in that industry and only afew of the employees engaged in
the grinding of optical glass operations were transferred to the glass
manufacturing operations, where they were assigned to relatively
unskilled jobs. The C. 1. 0. contends that it represents all of the Com-
pany's employees in both the grinding and manufacturing operations,
by virtue of the contract and alleged prior history of bargaining and
also by virtue of its showing of a substantial interest in the unit pro-
posed by the A. F. of L .-I Upon the entire record, we find that the
Company and the C. 1. 0. did not intend the provisions of the contract
to cover employees of the Company in an entirely different industry
which was not contemplated at the time the parties signed the con-
tract, and that, in any event, the contract has terminated and is not
a bar to this proceeding.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the A. F. of L. represents a substantial
number of employees in the unit hereinafter found appropriate.4
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 A. F. of L. contends that the appropriate unit should consist
of all the Company's production and maintenance employees in its
glass manufacturing operations in the Thirteenth Street plant, exclu-
sive of clerical and supervisory employees. The C. I. 0. contends that
the appropriate unit should consist of all the Company's production
and maintenance employees in both its optical glass processing and
glass manufacturing operations, exclusive of supervisory employees.
The Company takes no position on the unit.
The evidence establishes that the Company's optical glass processing
operations are purely a wartime industry, carried on by unskilled
8 The Regional Director reported that the C I. O. submitted 13 cards, all of which bore
apparently genuine original signatures The names of 11 persons appearing on the cards
were listed on the Company 's pay roll of October 3, 1944. The cards were dated : 1943, 3;
1944. 3 ; undated 6.
' The Regional Director reported that the A . F. of L. submitted 27 cards all of which
bore , apparently genuine original signatures ; that the names of 21 persons appearing on
the cards were listed on the Company's pay roll of October 3, 1944, which contained the
names of 30 employees in the appropriate unit ; and that the cards were dated September
1944, 6; August 1944 , 7; undated, 8.
596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees, and will be abandoned after the war. The Company' s glass
manufacturing is a separate business venture and is intended to con-
tinue after the war. It is an industry distinct from the optical glass
grinding operations and requires highly skilled employees whose in-
terests are entirely different from the employees engaged in the grind-
ing operations. As previously indicated, the contract of the C. I. O.
with the Company was not intended to cover the employees engaged
in the Company's glass manufacturing venture and it does not indicate
a previous bargaining history.
The maintenance employees of the Company in its Thirtieth Street
glass manufacturing plant spend much of their time in adjusting and
repairing the machinery of the plant and their interests are the same
as those of the production employees. We shall include them in the
unit.
We find that all of the Company's production and maintenance
employees engaged in the manufacture of glass at the Thirteenth
Street plant in Huntington, West Virginia, but excluding clerical
employees and all supervisory employees with authority to hire, pro-
mote, 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 mean-
ing 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 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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Zenith Optical
Glass Company, Huntington, West Virginia, 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 Ninth Region acting in
this matter as agent for the National Labor Relations Board, and
ZENITH OPTICAL COMPANY 1597
subject to Article III, Sections 10 and 11 , of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately 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 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 they desire to be
represented by American Flint Glass Workers' Union of North
America, A. F. of L., or by United Optical Workers' Union, Local
1326-C . I. 0., for the purposes of collective bargaining , or by neither.