Lord Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 25, 1943

47 N.L.R.B. 1032 (N.L.R.B. 1943)

In the Matter of Lom MANUFAOIURING COMPANY and, UNI-TED
RUBBER WORKERS OF AMERICA, C. I. O.
Case No. R-4806.-Decided February 25, 1943
Jurisdiction : ordnance manufacturing industry
Investigation and Certification of Representatives : existence of question. recog-
nition refused on ground that plant guards were covered by existing contract
covering production and maintenance employees ; automatic renewal contract
about to expire held no bar ; election necessary.
Unit Appropriate for Collective Bargaining : all plant guards at one plant of
company; excluding the chief of guards, held an appropriate separate unit.
Messrs. W. Pitt Gifford and H. A. MacDonald, both of Erie, Pa.,
for the Company.
Messrs. N. H. Eagle, of Akron, Ohio, and Joe Emmons, of Erie,
Pa., for the Rubber Workers.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon,a petition duly filed by United Rubber Workers of America,
affiliated with the Congress of Industrial Organizations, herein called
the Rubber Workers, alleging that a question affecting commerce
had arisen concerning the representation of employees of Lord
Manufacturing Company, Erie, Pennsylvania, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before S. Craig Carnes, Trial
Examiner. Said hearing was held at Erie, Pennsylvania, on
February 3, 1943. The Company and the Rubber Workers 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.
' Lord Employees Association , an unaffiliated organization , was duly served with , Notice
of Hearing , but failed to appear at the hearing and did not seek to intervene.
47 N. L. R. B, No. 130.
1032
LORD MANUFACTURING COMPANY 1033
Counsel for the Company objected to the introduction into evidence
of a copy of a purported letter from the Grievance Committee of
Lord Employees Association to a ,discharged guard, contending that
said purported letter was not the best evidence. Ruling upon this
objection was referred to the Board. We find that, in view of the
lack of a clear identification and authentication of the document, it
should not be considered as evidence, and we therefore' disregard it
in 'our consideration of the case.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Lord Manufacturing Company is a Pennsylvania corporation, with
its plant in Erie, Pennsylvania, engaged in the manufacture of anti-
vibration mountings and similar products, most of which are manu-
factured under contracts related to the war production program.
During 1942, the Company purchased raw materials valued at more
than $3,000,000, over 50 percent of which was shipped to the Erie plant
from points outside the State of Pennsylvania. During the same
period, the Company's gross sales amounted to more than $10,000,000.
Approximately 90 percentof the Company's products were shipped
from the Erie plant to points outside the State of Pennsylvania.'
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Rubber Workers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Lord Employees Association, 'herein called the Association, is an
unaffiliated labor organization admitting to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about December 17, 1942, the Rubber Workers notified the
Company that it claimed to represent a majority of the Company's
plant guards and requested recognition by the Company as the exclu-
sive bargaining agent for the plant guards. The Company refused
such recognition, contending that the plant guards were covered by
the terms of an existing contract between the Company and the Asso-
ciation. The contract 'is dated March 16, 1942, and provides that it
"shall continue in full force and effect for a period of 1 year from the
1034 DECISIONS OF NATIONAL LABOR RELATION 'S BOARD
`date of execution and shall so continue from year to year unless either
party, not fewer than 30 days before the termination of any yearly
period of this agreement, gives notice of a desire' to terminate or modify
this agreement." By its terms, it purports to cover all employees of
the Company, except foremen, office workers, and salaried employees.
Since the anniversary date of the contract is in the near future, we
find that it is .not a bar to a present determination of representatives.
A statement prepared by the Regional Director, introduced into
• evidence at the hearing, indicates that the Rubber Workers represents
a substantial number of employees in the appropriate unit.2
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 sole issue here is whether plant guards properly belong in a
unit of production and maintenance employees or whether they con-
stitute a separate bargaining unit. 'The guards are paid on an hourly
basis. Their duties are typical of the duties of plant guards at other
plants engaged in war production work. Everyone entering the plant
must have a pass which must be displayed to and approved by a plant
guard. On August 12, 1942, all of the plant guards were sworn in as
auxiliaries of the military police. We have recently held that plant
guards should not be included in a unit of production and maintenance
employees,3 and we find no facts in this case which would warrant us
in departing from our established policy. As stated in Section III,
above, the Company claims that the guards are covered by its contract
with the Association. The Rubber Workers contends; however, that
the contract has been construed by the Company and the Association
not to embrace the guards. While we are of the opinion that the
evidence is insufficient to establish that the guards are not covered by
the contract, we, nevertheless find in accordance with the policy previ-
ously expressed by us, that the guards constitute a separate unit 4
for purposes of collective bargaining.
We find that the plant guards employed by Lord Manufacturing
Company, at its Erie plant, excluding the chief of guards, constitute
2 The Rubber Workeis submitted to the Regional Director 9 membership application
cards, 8 of which bore apparently genuine signatures of persons on the Company's pay roll
of January 19, 1943, which shows 12 persons in the unit hereinafter found appropriate.
3 Matter of U. S Electrical Motors, Inc and United Electrical, Radio & Machine Workers
of America, Local 1421, C 1. 0, 45 N. L. R. B 298.
4 Matter c f Julius Petersen and Marine Metal Trades Council 4f the Port of New York and
Vicinity, et at, 46 N L. R. B. 1049; Matter of Chrysler Corporation, Highland Park
Plant and Local 114, United Automobile, Aircraft and Agricultural Implement Workers
of America, affiliated with the 'C. I. 0, 44 N. L. R. B. 881.
i
FORD MANUFACTURING COMPANY 1035
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 within the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, subject to the limitations and additions set forth
therein.
The Association did not appear at the hearing, and has not requested
that its name appear on the ballot. Accordingly, we shall not include
its name on the ballot.
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 Lord Manufactur-
ing Company, Erie, Pennsylvania, 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 Sixth Region, acting in this matter as agent
for the National I. ,Ì‚bor Relations Board, and subject 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 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 any who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by United Rubber Workers of
America, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining.
MR. 1W%M. M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.