B. F. Goodrich Co.

National Labor Relations Board - Board Decisions

Jul 30, 1943

51 N.L.R.B. 872 (N.L.R.B. 1943)

In the Matter of B. F . GOODRICH COMPANY (COPOLYMER PLANT) and'
UNITED RUBBER WORKERS OFr AMERICA (CIO)
In the Matter of B. F. GOODRICH COMPANY (COPOLYMER PLANT) and
KENTUCKY LODGE 681, INTERNATIONAL ASSOCIATION OF MACHINISTS
In the Matter of B. F. GOODRICH COMPANY ( COPOLYMER PLANT) and
UNITED ASSOCIATION OF JOURNEYMEN, STEAMFITTERS & STEAMFITTERS
HELPERS (AFL) LOCAL 522
Cases Nos . R-5633 to R-5635 inclusive , respectively.Decided
July 30, 1943
Mr. C. D . Russell, of Akron; Ohio, for the Company.
Mr. F. M. Dickenson , of Memphis , Tenn., and Mr. Edward L . Wertz,
of Louisville , Ky., for the CIO.
Mr. E. A. Hughes, of Louisville , Ky., for the Steamfitters.
Messrs. Van B. Carter and Edward L. Mercken , both of Louisville,
Ky., for the IAM.
Mr. John E. McKernon , of Louisville , Ky., for the Distillers.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon amended petition duly filed by United Rubber Workers of
America (CIO), herein called the C. I. 0., and upon separate petitions
duly filed by Kentucky Lodge 681, International Association of
Machinists, herein called the I. A. M., and United Association of
Journeymen, Steamfitters & Steamfitters Helpers, Local 522 (AFL),
herein called the Steamfitters, alleging that questions affecting com-
merce had arisen concerning the representation of employees of B. F.
Goodrich Company (Copolymer Plant), Louisville, Kentucky, herein
called the Company, the National Labor Relations Board consoli-
dated the cases and provided for an appropriate hearing upon due
notice before William T. Shooer, Trial Examiner. Said hearing was
held at Louisville, Kentucky, on July 7, 1943. At the commencement
51 N. L. R. B., No. '135.
872
B. F. GOODRICH COMPANY (COPOLYMER PLANT) 873
of the hearing the Trial Examiner granted a motion by Distillers,
Rectifying and Wine Workers International Union of America
(AFL), herein called the Distillers, to intervene. The Company,
the C. I. 0., the I. A. M., the Steamfitters, and the Distillers appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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
I. THE BUSINESS OF THE COMPANY
B. F. Goodrich Company, a New York corporation with its prin-
cipal office and place of business at Akron, Ohio, is engaged in the
manufacture, sale, and distribution of a wide variety of rubber and
synthetic rubber products, and operates several plants in various
parts of the United States. We are concerned herein with its Copo-
lymer Plant, located at Louisville, Kentucky, where the Company is
engaged in the manufacture of synthetic rubber for tires and tubes.
Over 95 percent of the raw materials used at the Copolymer Plant
is shipped to it from points outside the State of Kentucky, and 95
percent of the finished products is shipped to points outside the
State of Kentucky. The Company admits, for the purposes of this
proceeding, that it is engaged in commerce within the meaning of
the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Rubber Workers of America is a labor organization, affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
Kentucky Lodge 681, International Association of Machinists is
a labor organization, admitting to membership employees of the Com-
pany. S
United Association of Journeymen, Steamfitters & Steamfitters
Helpers, Local 522, and Distillers, Rectifying and Wine Workers In-
ternational Union of'America are both labor organizations affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On April 21 the C. I. O. requested the Company to recognize it^as
the exclusive representative of certain of the Company's employees.
874 DECISIIONS OF NATIONAL LABOR RE-ILMONS BOARD
Similar requests were made by the I. A. M. and the Steamfitters on
May 20 and June 7, 1943, respectively. The Company advised these
labor organizations to refer such matters to the Board.
Statements of a Field Examiner introduced into evidence at the
hearing, and a statement of the Trial Examiner read into the record
at that time, indicate that the C. I. 0., the I. A. M., and the Steam-
fitters each represents a substantial number of employees in the unit
alleged by each 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; THE DETERMINATION O.F, REPRESENTATIVES
The C. 1. 0. contends that all production and maintenance employees
of the Company, excluding office and clerical employees, salaried per-
sonnel, electricians, firemen and oilers,2 plant-protection employees
and all supervisors, constitute an appropriate unit.
The I. A. M. urges that all employees of the Company engaged as
machinists helpers, maintenance machinists, maintenance mechanics,
welders and their helpers and apprentices, constitute an appropriate
unit.
The Steamfitters contend that all journeymen steamfitters and pipe
fitters, steamfitters helpers and apprentices, constitute an appropriate
unit.
The Distillers urges that all production workers, excluding ma-
I The Field Examiner reported that the C. I. 0. submitted 155 designation cards of which
122 bore apparently genuine and original signatures and the names of persons appearing
on the Company 's pay roll of June 19, 1943. This pay roll contained the names of 328
persons within the unit sought by the C. I. 0. The Trial Examiner reported that the
C. I. O. submitted 27 additional designation cards, but that he did not check these cards
against the pay roll inasmuch as the C. I. 0 had already demonstrated a substantial interest
among the employees whom it sought to represent.
The Field Examiner also reported that the I . A M. submitted 11 designation cards of
which 9 bore apparently genuine and original written signatures and 2 bore printed
signatures . All of the names appearing upon these cards also appeared upon a current
pay roll of the Company which contained the names of 18 persons in the unit claimed to
be appropriate by the I. A. M.
The Field Examiner further reported that the Steamfitters submitted 16 designation
cards bearing apparently genuine original signatures of which 13 bore names of persons
appearing upon a current pay roll of the Company which contained the names of 19 persons
in the unit sought by the Steamfitters.
The Trial Examiner reported that the Distillers , in support of its motion for inter-
vention , submitted seven designation cards, all of which bore apparently genuine original
signatures ; that five of the names appearing upon these cards also appeared upon a current
pay roll of the Company.
B International Brotherhood of Firemen and Oilers was duly certified as the bargaining
representative of those employees of the Company engaged as firemen and oilers ; and
International Brotherhood of Electrical workers was duly certified as the bargaining
representative of those employees engaged as electricians by the Company , in a former
Board proceeding . See Matter of B. F. Goodrich Company ( Copolymer Plant), 49
N. L. R B. 152.
B. F. GOODRICH COMPANY (COPOLYMER PLANT) 875,
chinists, maintenance mechanics, maintenance machinists, helpers,.
welders and helpers, pipe fitters and their helpers, firemen and fire-
men helpers, oilers and boiler room employees, constitute an appro-
priate unit.3
The Company takes the position that the appropriateness of the
unit, or units, is a question for the Board to determine.
Evidence was introduced at the hearing which tends to show the
appropriateness of the craft units urged by the I. A. M. and the Steam-
fitters. On the other hand, evidence was also disclosed which indi-
cated that the rubber industry had been organized by labor organiza-
tions having industrial labor union -charters. This is further sup-
ported by the fact that the Distillers seeks an industrial unit which
would exclude only those employees already claimed by labor organi-
zations either presently or formerly affiliated with the American Fed-
eration of Labor. There is no history of collective bargaining at the
Copolymer Plant other than for certain employees of the Company
employed within crafts not concerned herein. Under these circum-
stances, we shall permit the scope of the bargaining unit or units to
be determined, in part, by the results of separate elections.
Upon the basis of the entire record and in accordance with the fore-
going findings of fact, we shall order elections among the employees
within the groups listed below :
(1) All persons employed by the Company as machinists, machin-
ists helpers and apprentices, maintenance mechanics and helpers,
and welders, but excluding all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, to
determine whether they desire to be represented by the I. A. M., or by
the C. I. 0., for the purposes of collective bargaining, or by neither;
(2) All persons employed by the Company as journeymen steam-
fitters and pipe fitters, steamfitters helpers and apprentices, but
excluding all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of
employees; or effectively recommend such action, to determine
whether they desire to be represented by the Steamfitters or by the
C. I. O. for purposes of collective bargaining, or by neither;
(3) All production and maintenance employees of the Company,
excluding office and clerical workers, salaried personnel, electricians,
firemen and oilers, plant-protection employees, and those persons
engaged in classifications previously enumerated in groups (1) and
(2) above, as well as all supervisory employees with authority to
+ Although the Distillers do not expressly exclude electricians from the unit which they
seek , the Board , as hereinbefore indicated , has previously certified a labor organization as
the bargaining representative for such employees.
876 DEICLSIONS OF NATIONAL LABOR RELAT10NIS BOARD
hire, promote, discharge, dicipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, to
determine whether they desire to be represented by the C. I. O. or by
the Distillers for the purposes of collective bargaining, or by neither 4
As stated above, there will be no final determination of the unit,
or units, pending the results of the elections.
We find that the questions concerning representation which have
arisen can best be resolved by means of elections by secret ballot
among the employees in the groups described above who were em-
ployed during the pay-roll period immediately preceding the date
of the Direction of Elections herein, subject to the limitations and
additions set forth in the Direction.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations 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 B. F. Goodrich
Company (Copolymer Plant), Louisville, Kentucky, separate elec-
tions by secret ballot shall be conducted as soon 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 Re-
lations Board and subject to Article III, Section 10, of said Rules
and Regulations, among the following groups of employees of the
Company, 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 who have since quit or been dis-
charged for cause, as well as all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action :
(1) All persons employed by the Company as machinists, machin-
ists helpers and apprentices, maintenance mechanics and helpers,
and welders, to determine whether they desire to be represented by
Kentucky Lodge 681, International Association of Machinists, or
f Although we cannot find that the Distillers represents a substantial number of em-
ployees within the unit which it seeks , we shall grant it a place upon the ballot inasmuch
as we are directing an election among these employees.
B. F. GOODRICH COMPANY (COPOLYMER PLANT) 877
by United Rubber Workers of America, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargain-
ing, or by neither ;
(2) All persons employed by the Company as journeymen steam-
fitters and pipe fitters, steamfitters helpers and apprentices, to de-
termine whether they desire to be represented by United Association
of Journeymen, Steamfitters & Steamfitters Helpers, Local 522,
affiliated with the American Federation of Labor, or by United Rubber
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, for the purposes of collective bargaining, or by neither;
(3) All production and maintenance employees of the Company,
excluding office and clerical workers, salaried personnel, electricians,
firemen and oilers, plant-production employees, and those persons
engaged in classifications previously enumerated in groups (1) and
(2) above, to' determine whether they desire to be represented by
United Rubber Workers of America, affiliated with the Congress of
Industrial Organizations, or by Distillers, Rectifying and Wine
Workers International Union of America, affiliated with the Ameri-
can Federation of Labor, for the purposes of collective bargaining,
or by neither.
CHAIRMAN Mums took no part in the consideration of the above
Decision and Direction of Elections.