Gates Rubber Co.

National Labor Relations Board - Board Decisions

Jun 22, 1944

56 N.L.R.B. 1584 (N.L.R.B. 1944)

i
In the Matter of GATES RUBBER COMPANY, SALES DIVISION INCORPO-
RATED and TRUCK DRIVERS, CHAUFFEURS, TEAMSTERS & HELPERS,
LOCAL UNION No. 274, INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. OF L.
Case No. 01-R-2353.-Decided June V, 1<94144
Mr. William L. Stratton, of Phoenix, Ariz., for the Union.
Mr. Louis Co1ein, of counsel -to the Board.
DECISION °
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Truck, Drivers, Chauffeurs, Teamsters,
& Helpers, Local Union No. 274, International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of .America, A. F. of
L., herein called the Union, alleging that a question affecting cool-''
merce had arisen concerning the representation of employees of Gates
Rubber Company, Sales Division Incorporated, 'Phoenix, Arizona,
herein called the Company, the National- Labor Relations Board
provided for an appropriate hearing upon due notice before Maurice
J. Nicoson, Trial Examiner. Said hearing was held at Phoenix, Ari-
zona, on April 28, 1944. The Union appeared at and participated in
the hearing.' 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 hear-
ing are free from prejudicial error and are hereby affirmed. All par-
'ties were afforded 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
Gates Rubber Company, Sales Division, Incorporated, is a ' Wyo-
ming corporation and a wholly owned subsidiary of Gates Rubber
3 The Company did not appear as a party but its ranking supervisory official at Phoenix,
Arizona, appeared as a witness.
56 N. L. R. B., No. 287.
1584
GATES RUBBER COMPANY 1585
Company of Denver, Colorado. The Company is engaged in con-
'ducting various tests on synthetic automobile and truck tires at Pho-
enix, Arizona,'for Gates Rubber Company of Denver, Colorado. The-
-latter ships about 50 tires a month to the Company at Phoenix, each
tire having an approximate value of $500. The Company sends analy-
ses records and worn-out portions of tires to Denver. The employees
involved herein, are paid by the Company out of funds made avail-
able to it by Gates Rubber Company of Denver, Colorado. The rec-
ord shows that Gates Rubber Corihpany of Denver, Colorado, is en-
gaged in commerce within the meaning of the National Labor Rela-
tions Act. We find that the operations of the Company at Phoenix
aiFe an integral part of the operations of Gates Rubber Company of
Denver, Colorado, ahd thereby affect commerce within the meaning
of the Act.
TI., THE ORGANIZATION INVOLVED
Truck Drivers, Chauffeurs; Teamsters & Helpers, Local Union No.
274, International Brotherhood of Teamsters, Chauffeurs,' Warehouse-
men and Helpers of America, is a labor organization ,affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective- bargaining representative of its employees at Phoenix,
Arizona.
A statement of the Trial Examiner, read into evidence at the hear-
' ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the cleaning
of Section 9 (c) and Section 2 (6) and .(7) of the Act.
I IV. THE APPROPRIAIE UNIT
The Union urges that all drivers of trucks and cars used in the test
fleet operation of the Company in Arizona,'constitute an'appropriate
unit. The Company took no position with respect to the unit. 'Evi-
dence introduced at the hearing indicates that the-employees claimed
by the Union constitute a well defined homogeneous group.
We find that all drivers of trucks and cars used in the test fleet
operation of the Company in Arizona, excluding all supervisory em-
=The Trial Examiner reported that the Union submitted S application tot nieiberehip
cards bearing the naives of persons employed by the Conipant There are 11 eniploeca in
the appropriate unit
1586 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
ployees with authority to hire, promote , discharge ,' discipline, or
otherwise effect changes in 'the status of employees , or effectively
recommend such action , constitutea 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 question concerning representation which
has 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.
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Gates Rubber
Company, Sales Division Incorporated, Phoenix, Arizona, 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 Twenty-
First Region, acting in the matter as agent for 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 appro-
priate 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 'em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding, any 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 or not they
desire to be represented by Truck Drivers, Chauffeurs, Teamsters &,
Helpers, Local Union No. 274, International Brotherhood of Team- -
sters, Chauffeurs, Warehousemen and Helpers of America, A. F, of L.,
for the purposes of collective bargaining.'