United States Rubber Co.

National Labor Relations Board - Board Decisions

May 20, 1943

49 N.L.R.B. 961 (N.L.R.B. 1943)

i
In the Matter Of UNITED STATES RUBBER COMPANY, SCIOTO ORDNANCE
PLANT and TRUCK DRIVERS UNION No. 632 (AFL)
In the Matter of UNITED STATES RUBBER COMPANY, SCIOTO ORDNANCE
PLANT and LOCAL 'UNION No. 241, .UNITED RUBBER WORKERS OF
AMERICA (CIO)
Cases Nos. R-5185,-,and R-5186, respectively. Decided May 20, 19.43
Messrs. R. A. Donley, W. L. Jensen, and Dolph M. Veatch, all of
Marion, Ohio, for the , Company.,
Messrs. Frank Wienurmn, D., L. Martin, W. W. Bowers, Robert W.
Wheeler, all of Marion , Ohio, for the AFL.
Messrs. John D. House, Clarence E. Wright, Paul E. Beveridge, and
Richard Garber, all of Marion, Ohio, for the C. I. O.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions severally filed by Truck Drivers Union No. 632
(AFL),' herein called the AFL, and Local Union No. 241, United
Rubber Workers of America, (CIO), herein called the C. I. 0., alleg-
ing that questions affecting commerce had,arisen concerning the rep-
resentation of employees of United States Rubber Company, Scioto
Ordnance Plant, Marion, Ohio, herein called the Company, the
National Labor Relations Board provided for an appropriate con-
solidated hearing upon due notice before John R. Hill, Trial Examiner.
Said hearing was held at Marion, Ohio, on April 16 and 17, 1943.
The Company, the AFL, and the C. I. O. appeared, participated, and
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 hearing are free from prej-
udicial error and are hereby affirmed. Both unions filed briefs which
have been duly considered by the Board.
49 N. L . R. ,B . No 139.
961
962, DEGISIIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS O1^ THE-COMPANY,
United States Rubber Company, a Delaware corporation, is
principally 'engaged in the manufacture and sale of rubber products',
and for such purposes operates numerous plants, throughout the
United States. The only plant involved in this proceeding is the
Scioto Ordnance Plant at Marion, Ohio, where the Company is
engaged in the loading of ammunition. The Scioto Ordnance Plant,
including tools and equipment, is owned by the United States
Government and is operated by the Company under a contract with
the United States Army, which, during the period from November
1942 through March 1943, furnished the Company with `large quanti-
ties of materials for further processing by the Company. Of the
materials so furnished, more than 50 'percent was obtained from
(points outside the State of Ohio. During the period from November
1942 through March '1943, the Company' processed large quantities
.of such materials into finished products-which were delivered to the
United States Army for ultimate shipment outside the State of Ohio_
The Company- admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Truck Drivers Union No. 632 is a labor organization affiliated with
the, American Federation of Labor, admitting, to membership em-
ployees of the Company.
Local Union No. 241, United Rubber Workers of America, is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to, membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On or about January 27,- 1943, the AFL requested that the Com-
pany bargain with it as exclusive representative of all truck drivers,,
chauffeurs, and' helpers at its Scioto Ordnance Plant. The Company
declined to bargain upoli the ground that the unit claimed by the
AFL was inappropriate for; the purposes of collective -barga' inirig.
On or about February 22, 1943, the C. I. ,O. requested recognition
from the Company as bargaining representative for the production
and maintenance employees including truck drivers, chauffeurs, and
helpers. The Company declined to recognize the C. I. O. until certi-
fied by the Board.
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UNITED STATES RUBBER' COMPANY 963
A stateiiieiit',of 'a Field Exalniiier.'' introduced in' evidence, at 'the
hearing, indicates' that' the AFL and 'the C. I. 0. each represents 'a
substantial ' number of 'employees in the unit claimed ' by each to be
appropriate.
'We' find that' questions affecting commerce have' arisen 'concerning
the ' representation of employees of the Company-Within the mean-
ing of Section 9 (c) 'and Section 2' (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT ; DETERMINATION OF REPRESENTATIVES
The C. 'I. 0., and the, Company urge the adoption of. a plant-wide
industrial unit consisting of all production and maintenance em-
ployees including truck drivers, chauffeurs, and helpers, group lead-
ers and working supervisors, but excluding guards, firemen, super-
intendent, assistant superintendents, foremen, assistant foremen, and
all other regular supervisory employees, office, clerical, and technical
employees. The AFL urges the establishment of a ^ separate unit
of truck drivers, chauffeurs, and helpers. .
While the Company has no definite department for truck drivers 2
it appears that aside from one individual listed by., the Company
among certain employees whose driving. of trucks is incidental to
other duties, the' AFL has limited. its membership in the plant 'to
employees classified by the Company as primarily truck drivers.
With respect to the one individual not so classified'by the Company,
the AFL subsequently abandoned its claim to represent any 'em-
ployees not included in the Company's list of -truck drivers' as such.
The employees covered by this list are so classified mainly upon the
basis of the time which they spend in the actual driving of trucks
and other vehicles. While the Company has no specific test. as to
the amount of time which an employee must' devote to• driving' in
order to be classified as a truck driver, it was estimated by various
witnesses for the AFL,that truck drivers as such devote about 50
percent of their time'to actual driving, as compared with maintenance
employees whose driving in connection with other-duties occupies
' The Field Examiner reported that in the proceeding brought by the AFL, the latter
had submitted 29 authorization cards, of which 18 were dated in F ebruai y and March of
1943 with 1 undated ; that of the 29 cards, 19, boie the apparently , genuine original sig-
natures of persons whose names appear on the Company's pay roll of February 26, 1943,
containing 30 games within the unit claimed appropriate by the AFL. The Field Examiner
furthei reported in this case that the C. I. 0 had submitted 10 authorization cards, of
which 2 dated March 1943 ' bore the apparently genuine signatures of 'persons whose
names appear on the Company's pay roll of February 26, 1943. ^
The Field Examiner reported in the proceeding brought by the C I' 0 that -the latter
had submitted 518 membership'applications dated between December 1942 and April 1943,
of which 479 bore the 'apparently genuine original signatures of persons whose names
appear on the Company's pay roll of March 26,'1943. containing 1,457 names within the
unit claimed appropriate by the C. I. 0 -
2 The term "truck drivers" as used herein includes bus drivers and the operators of
tractors and trailers.
5 31 64 7-43-vol 49--62
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964 DECISIIONS, OF NATIONAL LABOR RELATIONS BOARID
only about 25 percent of their, time. The, latter together with the
production, employees appear, to'have,-no duties in common and but
little association , with the truck drivers., In addition, it appears that
the truck drivers have attempted separate bargaining with the Com-
pany, through the AFL union.. , The latter confines its membership
to truck drivers, chauffeurs, and helpers,, whom it has represented
under numerious contracts throughout the neighboring territory.
Moreover, with respect to the Company, the AFL apparently rep-
resents at least 19, of the 39 , employees classified by the Company
as truck drivers. The C. I. 0., on the other hand, has not organized
the Company's truck drivers to any substantial, degree-and produced
at, the, hearing, in addition to 2, cards found by the Field Examiner
to bear the apparently, genuine ^ signatures -of employees, on the C'om-
pany's pay roll,.only 2 other memberships for truck'drivers, both of
'-which bores signatures which'^'also appeared on cards submitted.by
the, AFL. The record reveals ,no history of collective bargaining
at the'Scioto Ordnance Plant? l'
Under the circumstances, we are of the opinion that the, considera-
tions are sufficiently-balanced to make the desires-of the truck drivers
themselves controlling' in our determination of the, type of unit
through which they shall bargain.3 We shall,- accordingly, grant the
truck drivers and allied workers an opportunity to determine whether
they desire to be represented for purposes of collective bargaining
by the AFL or the 'C. I. Q., or by neither labor` organization' In
the event that a majority of the truck drivers select the AFL, the
truck drivers will constitute a, single appropriate unit. If, on the
other hand,,the trucks drivers select the C. L-0.; and that, organiza-
tion is also the choice of the industrial- unit, the truck drivers,will
be merged in and become part of such unit.
There ,remains for consideration, the question of exclusions from the
industrial' unit. • ,While both the Company and the C. I. O. agreed
at the hearing that group leaders and working supervisors should be
included within the industrial unit, the, record, discloses that some in-
dividuals from-these classifications have authority to recommend the
hire and discharge of employees. We are of the opinion and find
that such group leaders and working supervisors as may recommend
the hire and discharge of employees under their supervision have
insufficient interests in common with employees within the appro-
priate unit. We shall, accordingly, exclude them from the appro-
priate unit. o
We find that all, production and maintenance employees other than
truck drivers, chauffeurs, and helpers, employed by the Company at
See Matter of Western Freight Handlers Inc. and International Longshoremen's and
Warehousemen 's Union, Local 6, 49 N. L R B 66.
UNITED STATES RUBBER COMPANY 965
the Scioto Ordnance Plant, Marion, Ohio, excluding guards, _firemen,
superintendent, assistant superintendents,, foremen, assistant foremen,
group leaders and working. supervisors having the authority to recom-
mend the hire and discharge of employees, and all other regular
supervisory employees, office, clerical, and technical employees, may
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act. We shall, however,
make no final determination of the appropriate unit at this time pend-
ing the results of -the separate elections hereinabove referred to.
We find that the questions concerning representation which have
arisen can best be resolved by means of secret elections among the
employees in the aforesaid groups who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tions herein, subject to the limitations and additions set forth in the -
Direction. In accordance with the request of the C. I. 0., its name
will appear on the_ballot as Scioto Ordnance Local 241, United Rubber
Workers of America (CIO).
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 United States
Rubber Company, Scioto Ordnance Plant, Marion, Ohio, elections
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 Eighth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations, among
the following groups of employees 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 employees who'have, since quit or
been discharged for cause :
(1) All production and maintenance employees other than truck
drivers, chauffeurs, and helpers, employed by the Company at the
Scioto Ordnance Plant, Marion, Ohio, excluding guards, firemen,
superintendent, assistant superintendents, foremen, assistant foremen,
group leaders and working supervisors having the authority to recom-
mend the hire-and discharge of employees, and all other regular super-
966 DECISIIONS OF NATIONAL LABOR RELATIONS BOAR;D
visory 'employees; office, clerical, and technical einployees,'to determine
whether,'or not, they desire to-be represented by Scioto Ordnance Local
241, United Rubber, Workers of America' (CIO), for the purposes of
collective bargaining.
(2) All truck drivers, chauffeurs, and helpers, employed by - the
Company at the Scioto Ordnance Plant, Marion, Ohio, to determine
whether they desire to be represented by Truck Drivers Union No.
632 (AFL), or by Scioto Ordnance Local 241, United Rubber Workers
of America (CIO), for the purposes of collective bargaining, or-by
neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.