Hayward Optical Glass Co.

National Labor Relations Board - Board Decisions

Jul 8, 1943

51 N.L.R.B. 152 (N.L.R.B. 1943)

In the Matter of HAYWARD OPTICAL GLASS COMPANY and AMERICAN
FLINT GLASS WORKERS UNION , A. F. L.
Case No. R-5530.Decided July 8,1943
Messre. Philip T. Lyons, William Hoeppner, and Leo E. Hubbard,
of Los Angeles, Calif., for the Company.
. Messrs. David Sokol and Leo A. McCormick, of Los Angeles, Calif.,
for the Union.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by American Flint Glass Workers Union,
affiliated with the American Federation of Labor, herein called the
Union alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Hayward Optical Glass Com-
pany, Maywood, California, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Bartlett Breed, Trial Examiner. Said hearing was
held at Los Angeles, California, on June 11, 1943. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are hereby
affirmed. All parties were afforded opportunity to file briefs with
the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Hayward-Optical Glass Company, a limited partnership, is engaged
in the manufacture of optical glass at its plant in Maywood, Cali-
fornia. From November 1, 1942, to February 28, 1943, the Company
51 N. L. R B., No. 33.
152
HAYWARD OPTICAL GLASS COMPANgEo g 153
purchased raw materials consisting of sand, chemicals, pots, clays,
and molds, valued at approximately $22,000, over 50 percent of which,
was received from points outside the State of California. During the
same period, the Company's sales aggregated $52,000, approximately
60 percent of which represented sales to customers located outside
the State of California. At the present time 90 percent of the Com-
pany's products is being purchased by the United States Government.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
American Flint Glass Workers Union, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 23, 1943, the Union requested recognition as the exclusive
bargaining representative of the Company's molders. The Company
refused the request on the ground that a unit of molders is inappro-
priate.
The record reveals 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 meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit of skilled molders and pressers. This unit
would 'include approximately 13 employees. The Company main-
tains that all the employees of the plant, numbering approximately
90, constitute the only appropriate unit. The parties agree to exclude
supervisors and 2 leadmen from the unit sought by the Union. We
shall exclude them.
There is no prior history of collective bargaining in the Company's
plant. However, there is a history of collective bargaining between
the Union and glass manufacturers who are nationally organized.
Annual conferences are held at which wage rates and general policies
are ' agreed upon. The Union's practice has been to divide glass
workers into two categories, skilled workers and miscellaneous
' A Field Examiner of the Board reported that the Union submitted 10 application-for-
membership cards, dated in April and May 1943, all bearing the apparently genuine original
signatures of persons listed on the Company's pay roll of May 10, 1943, which lists 14 per-
sons in the appropriate unit
154 DECDSQONS OF NATIONAL LABOR RELATIONS BOARD
workers, each group having its own local and being bargained for
under separate contracts. Such contracts are in existence in various
plants over the country.
In the present case, as the plant is comparatively small, a plant-
wide unit ordinarily might be appropriate. However, in view of the
Union's policy of bargaining separately for the skilled and miscel-
laneous glass workers, and the fact that the Union has not yet organ-
ized the miscellaneous group herein, we find that the molders and
pressers, who constitute the only group of the Company's employees
within the Union's division of skilled workers, are an appropriate
Unit .2
We, find that the molders and pressers of the Company, excluding
supervisors, leadmen, 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 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 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 Hayward Optical
Glass Company, Maywood, California, 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 super-
vision of the Regional Director for the Twenty-first Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 10, 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
Y See Matter of Cameron Class h Manufacturing Co, 25 N L R B. 580.
HAYWARD OPTICAL GLASS COMPANY 155
the date of this Direction, including employees, who did not work dur-
ing said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by American Flint
Glass Workers Union, affiliated with the American Federation of
Labor, for the purposes of collective bargaining.