The Goodyear Synthetic Rubber Corp.

National Labor Relations Board - Board Decisions

Jun 30, 1947

74 N.L.R.B. 419 (N.L.R.B. 1947)

In the Matter of THE GOODYEAR SYNTHETIC RUBBER CORPORATION,
EMPLOYER and UNITED RUBBER, CORK, LINOLEUM AND PLASTIC
WORKERS OF AMERICA, ET AL., PETITIONERS
Case No. 21-R-3736, et al.Decided June 30, 1947
Mr. R. L. Lightfoot, of Gardena, Calif., for the Employer.
Katz, Gallagher cC Margolis, by Mrs. Thelma S. Herzig, of Los
Angeles, Calif., for the Rubber Workers.
Mr. E. R. White, of Los Angeles, Calif., for the IAM.
Mr. Drew Taylor, of Los Angeles, Calif., for the Chemical
Workers.
Mr. C. DeMontreville, of Los Angeles, Calif., for the Pipe Fitters.
Shibley, Wanner d Litwin, by Mr. George E. Shibley, of Long
Beach, Calif., for the Operating Engineers.
Mr. Charles H. Bye, of San Pedro, Calif., for the Carpenters.
Mr. Cecil O. Johnson, of San Pedro, Calif., for the Council.
Mr. E. Joseph Perkins, of Los Angeles, Calif., for the Teamsters.
Mr. J. R. Phinuister, of San Pedro, Calif., for the Building Serv-
ice Employees.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon petitions duly filed, hearing in this case was held at Los
Angeles, California, between March 14 and 26, 1947, before Charles
M. Ryan, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
The motions to dismiss filed by the Opeating Engineers are denied
for reasons hereinafter stated.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Goodyear Synthetic Rubber Corporation, an Ohio corporation
and agent for the Reconstruction Finance, Office of Rubber Reserve,
74 N. L. R. B., No. 75. 419
420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
has a plant located in Los Angeles, California, where it is engaged in
the production of general purpose synthetic rubber. The Employer
operates its Los Angeles plant under a contract with the Office of Rub-
ber Reserve and receives a managerial fee based on the yearly or
monthly production. Production of synthetic rubber at this plant
for the year 1946 totaled approximately 98,000,000 pounds, of which
35 percent was shipped to warehouses and consumers located outside
the State of California.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Rubber, Cork, Linoleum and Plastic Workers of America,
herein called the Rubber Workers, is a labor organization affiliated
with the Congress of Industrial Organizations, claiming to represent
employees of the Employer.
International Association of Machinists, District 94, herein called
the IAM, is a labor organization, claiming to represent employees of
the Employer,.
International Chemical Workers Union, herein called the Chemical
Workers; United Association of Journeymen and Apprentices of
Plumbing and Pipe Fitting Industry, United States and Canada,
herein called the Pipe Fitters; International Union of Operating
Engineers, Local 235, herein called the Operating Engineers; Inter-
national Brotherhood of Electrical Workers, Local B-11, herein
called the IBEW ; Brotherhood of Painters, Decorators and Paper-
hangers of America, Union No. 949, herein called the Painters; Los
Angeles County District Council of Carpenters, United Brotherhood
of Carpenters and Joiners of America, herein called the Carpenters;
Sheet Metal Workers International Association, Local No. 108, herein
called the Sheet Metal Workers; International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America, Local No.
692, herein called the Teamsters; and Building Service Employees
International Union, herein called the Building Service Employees,'
are labor organizations affiliated with the American Federation of
Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize any of the petitioning or inter-
vening labor organizations as collective bargaining representative of
1 The Building Service Employees intervened solely to protect its alleged representation
of employees doing work over which it claims jurisdiction.
THE GOODYEAR SYNTHETIC RUBBER CORPORATION 421
any of the employees involved herein in the absence of a certification
by the Board.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meanin-
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
A. Contentions of the parties
Each of the AFL unions, with the exception of the Chemical
Workers and the Operating Engineers, seeks a bargaining unit com-
posed of skilled employees at the Employer's Los Angeles, California,
plant who are engaged in occupations bringing them within the craft
jurisdiction of such unions. The Chemical Workers seeks a unit of
production department employees not inconsistent with the conten-
tions of the craft labor organizations. The Operating Engineers, on
the other hand, in harmony with the Rubber Workers, seeks a plant-
wide unit of all employees in the production, maintenance, materials,
and traffic departments, excluding office employees; guards, firemen,
works accountants, and supervisory employees within the Board's
customary definition. At the hearing, the Employer took no definite
position on the issue' of the appropriate unit other than to state that
it desired to deal with an over-all unit and not separately with the
individual crafts. In support of their position, both the Operating
Engineers and the Rubber Workers contend that the Employer's his-
tory of collective bargaining precludes the recognition of separate
craft units among the employees at the plant herein concerned.
With respect to the history of collective bargaining, it appears that
following a joint organizing campaign by a group of craft labor organ-
izations,2 a consent election by agreement of the crafts 3 was held on
September 1, 1943, pursuant to which the American Federation of
Labor and its affiliated international unions was designated as bargain-
ing representative. Thereafter, the San Pedro Central Labor Council,
herein called the San Pedro Council, was appointed by the craft organi-
zations to negotiate an agreement with the Employer. The San Pedro
Council, in turn, appointed a bargaining committee whose negotia-
tions, aided by consultants from the various crafts, finally resulted, on
February 8, 1946, in the first and only written agreement between the
i
2 The meetings for purposes of organization were generally limited to employees having
membership in some AFL union and were addressed by various representatives of the craft
unions who spoke in aid of the drive for AFL representation
a Of the crafts concerned, at least one, the IBEW, objected, prior to the agreement, to
any over-all unit that would deprive it of its independence of action. The IBEW finally
agreed to an over-all election with the distinct understanding that it would be allowed
to conduct its own affairs to the same extent as it could under a separate certification.
422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
parties covering all production and maintenance employees of the
Employer with certain customary exclusions. This agreement was
signed by both the San Pedro Council and the locals concerned. The
preservation of craft interests therein is indicated not only by vari-
ous provisions in the contract Itself,4 but also by the manner in which
the contract has been administered. In the latter connection, it
appears that the Employer has handled grievances directly with the
business representatives of the craft organizations; 5 that it has com-
municated with the craft locals directly when in need of additional
employees; that it has negotiated questions of work schedules in the
maintenance department upon a craft basis with the individual fore-
man concerned; and that the San Pedro Council in giving notice on
November 21, 1946, of a desire to modify the contract under the auto-
matic renewal provision therein, did so "on instructions from the
unions signatory to the rubber agreement."
Since, as indicated above, the respective craft interests of the various
craft unions have been maintained during the course of collective bar-
gaining, we are of the opinion that such bargaining history is con-
sistent with the recognition of craft units as appropriate for the
purposes of collective bargaining at this time.' On the other hand, it
appears that the employees in the units proposed by the craft organiza-
tions might be merged in a single plant-wide unit as urged by the
Rubber Workers and the Operating Engineers. In this situation,
we shall permit the scope of the bargaining unit or units to be deter-
mined, in part, by the results of separate elections which we shall
hereinafter direct.
B. The voting groups
There remains for consideration the specific composition of the vot-
ing groups. As previously noted, the various craft organizations seek
units coextensive with their customary craft jurisdiction. The Car-
penters, however, would include in its craft group, the single sheet
metal worker employed at the plant herein concerned. Although the
4 The provisions which appear to contemplate the retention of craft distinctions are (1)
the grievance procedure section which permits the handling of grievances of individual
employees by craft stewards or the business representatives of craft oiganizations without
interference from the San Pedro Council ; ( 2) the union security provision shish in effect
requires maintenance of membership in one of the signatory craft unions. (3) the wage
section which states that "the Employer agrees to recognize craft jurisdiction insofar as
possible and practicable ;" and (4) the provision giving access to the company premises
by the representative of any signatory local union for the purpose of investigating or
assisting in the settlement of grievances
6 The IBEW in pi iticular has been active in the handling of grievances for its members
and has now pending before the United States Conciliation Service a formal grievance
filed in March 1947 with respect to the pay of construction electricians.
6 See Matter of Phelps Dodge Corporation, 60 N. L. R. B. 1431 ; Matter of Superior
Metal Products Company, 65 N. L. R. B. 552.
THE GOODYEAR SYNTHETIC RUBBER CORPORATION 423
Carpenters and the Sheet Metal Workers have agreed to include the
sheet metal worker within the craft unit sought by the Carpenters in
this proceeding, the Board is not bound by nor can it accept the agree-
ment of the parties with respect to an inclusion not warranted by Board
policy.' Since it appears that the proposed inclusion of the sheet
metal worker would be inconsistent with the craft character of the
group represented by the Carpenters, we shall not include this em-
ployee therein, but shall instead include him within the residual voting
group hereinafter set forth.
We shall direct that the question concerning representation which
has arisen be resolved by separate elections by secret ballot among
the employees of the Employer at its Los Angeles, California, plant,
within the voting groups described below. There are excluded from
each of such voting groups all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees or effectively recommend such action.' The
respective voting groups shall be as follows :
1. All instrument repairmen, repair mechanics, and shop machinists,
including helpers, apprentices, and craft leaders;
2. All pipe fitters and welders, including helpers, apprentices, and
craft leaders ;
3. All maintenance or construction electricians, including helpers,
apprentices, and craft leaders ;
4. All painters, helpers, and apprentices;
5. All carpenters, helpers, and apprentices;
6. All truck driver mechanics, warehouse clerks, raw materials
storemen, finished product shippers, electric truckers, and baler
helpers;
7. All remaining production and maintenance employees, excluding
office, clerical, and culinary employees, nurses, laboratory employees,
guards, and watchmen.'
As indicated above, there will be no final determination of the
appropriate unit or units pending the results of the elections.
DIRECTION OF ELECTIONS io
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Goodyear Synthetic
7 See Matter of Brewster Pateros Processors, Inc., 73 N. L R B. 833.
8 Excluded as supervisory employees are craft leaders who customarily perform the duties
of shift foreman on the second and third shifts , respectively.
e The excluded classifications are similar to those excluded from the unit in the written
bargaining agreement.
10 Any participant in the elections herein, may upon its prompt request to, and approval
thereof by , the Regional Director , have its name removed from the ballot.
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Rubber Corporation , Los Angeles , California , separate elections 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 this matter as agent for the National Labor Relations Board,
and subject to Sections 203.55 and 203.56, of National Labor Relations
Board Rules and Regulations-Series 4, among the employees who fall
within the.groups indicated below and 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 includ-
ing 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 elections :
1. The employees in the first voting group described in Section IV,
above, to determine whether they desire to be represented by Interna-
tional Association of Machinists, District 94, or by United Rubber,
Cork, Linoleum and Plastic Workers of America, CIO, or by Inter-
national Union of Operating Engineers , Local 235, AFL, for the
purposes of collective bargaining , or by none of these organizations;
2. The employees in the second voting group described in Section IV,
above, to determine whether they desire to be represented by United
Association of Journeymen and Apprentices of Plumbing and Pipe
Fitting Industry, United States and Canada, AFL, or by United
Rubber, Cork, Linoleum and Plastic Workers of America, CIO, or by
International Union of Operating Engineers, Local 235, AFL, for the
purposes of collective bargaining , or by none of these organizations;
3. The employees in the third voting group described in Section IV,
above, to determine whether they desire to be represented by Interna-
tional Brotherhood of Electrical Workers, Local B-11, AFL, or by
United Rubber, Cork , Linoleum and Plastic Workers of America,
CIO, or by International Union of Operating Engineers , Local 235,
AFL, for the purpose of collective bargaining , or by none of these
organizations;
4. The employees in the fourth voting group described in Section IV,
above, to determine whether they desire to be represented by Brother-
hood of Painters, Decorators and Paperhangers of America, Union
No. 949, AFL, or by United Rubber, Cork, Linoleum and Plastic
Workers of America, CIO, or by International Union of Operating
Engineers , Local 235, AFL, for the purposes of collective bargaining,
or by none of these organizations;
THE GOODYEAR SYNTHETIC RUBBER CORPORATION 425
5. The employees in the fifth voting group described in Section IV,
above, to determine whether they desire to be represented by Los
Angeles County District Council of Carpenters, United Brotherhood
of Carpenters and Joiners of America, AFL, or by United Rubber,
,Cork, Linoleum and Plastic Workers of America, CIO, or by Inter-
national.Union of Operating Engineers, Local 235, AFL, for the
purposes of collective bargaining, or by none of these organizations;
6. The employees in the sixth voting group described in Section IV,
above, to determine whether they desire to be represented by Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, Local No. 692, AFL, or by United Rubber, Cork,
Linoleum and Plastic Workers of America, CIO, or by International
Union of Operating Engineers, Local, 235, AFL, for the purposes of
collective bargaining, or, by none of these organizations;
7. The employees in the seventh voting group described in Section
IV, above, to determine whether they desire to be represented by
International Chemical Workers Union, AFL, or by United Rubber,
Cork, Linoleum and Plastic Workers of America, CIO, or by Inter-
national Union of Operating Engineers, Local 235, AFL, for the
purposes of collective bargaining, or by none of these organizations.