United States Rubber Co.

National Labor Relations Board - Board Decisions

Jun 25, 1943

50 N.L.R.B. 847 (N.L.R.B. 1943)

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In the Matter Of UNITED STATES RUBBER' COMPANY and INDUSTRIAL
TRADES UNION OF AMERICA
Case No. R-5480.Decided June 25, 1943
Mr. Otto Koerner, of Woonsocket, R. 'I., for the Company.
Mr. Gaston LeBlanc, of Woonsocket, R. I., for the I. T. U.
Mr. Samuel L. Roth,bard, of Newark, N. J., for the United.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Industrial Trades
Union of America, herein called the I. T. U., alleging that a ques-
tion affecting commerce had arisen concerning the representation
of employees of United States Rubber Company, Woonsocket, Rhode
Island, herein called the Company, the National Labor Relations'
Board provided for an appropriate hearing upon due notice before
Robert E. Greene, Trial Examiner. Said hearing was held at Woon-
socket, Rhode Island, on June 4, 1943. At the commencement of the
hearing, the Trial Examiner granted a motion of United Rubber
Workers of America, Local No. 224, herein called the United, to inter-
vene. The Company, the I. T. U., and the United appeared at and
participated in the hearing, and all parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. At the close of the hear-
ing, counsel for the United moved to dismiss the petition'. The Trial '
Examiner reserved ruling. The motion is hereby denied. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
United States Rubber Company is a New Jersey corporation with
its principal office at New York City. The Company operates numer-
50 N. L. R. B, No. 123.
847
848
ous plants throughout the United States, including one at Woonsocket,
Rhode Island, with which we are here concerned. The Company
manufactures barrage balloons, rubber boats, and rubber rafts at its
Woonsocket plant. Eighty-five percent' of'all raw materials used at
the Woonsocket plant is shipped to it from points outside the State
of Rhode Island. During 1942 the Company manufactured products
at its Woonsocket plant valued in excess of $2,000,000, 95 percent of
which was shipped to points outside the State of Rhode Island.
II. THE ORGANIZATIONS INVOLVED
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Industrial Trades Union of America is an unaffiliated labor organ-
ization, admitting'to membership employees of the Company.
United Rubber Workers of America, Local No. 224, is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company. ,
D)E,CISIONS OF NTAIIIONAL LABOR, RE'LAT'IONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On March 1, 1943, the I. T. U., claiming to represent a "substantial
number" of the Company's employees, informed the Company that
it was planning to file a petition with the Board and requested the
Company to refrain from entering,into an agreement with any labor
organization until suchitime as the controversy was resolved by the
Board. On March 16, 1943, the Company replied, stating that it was
operating tinder a contract with the United.
On September 4, 1942, the Company and the United entered into
an exclusive contract. The contract provides that it shall remain
"in effect and full force until May 1, 1943, and shall continue thereafter
for yearly periods unless notice of, termination is given by either
party to the other party 30 days or more prior to the expiration of
such period, provided, however, that termination may be effected by
either party upon a 30 days' notice in writing at any time after. April
1, 1943." The United contends that its contract with the Company
automatically renewed itself on April 1, 1943, and is therefore a bar
to the instant proceeding. It should be noted that the termination
clause of the contract set out above provides that the contract may be
terminated by either party thereto by 30 days' notice anytime after
April 1, 1943. However, assuming that the contract renewed itself on
April 1, 1943, for a period of a year, it still does not constitute a bar
to this proceeding, inasmuch as the I. T. U.' made its claim upon the
Company prior to April 1, 1943. We accordingly find that the contract
does not constitute a bar to a determination of representatives at this
time.
A statement of the Regional Director, introduced into evidence at
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UNITED STATES RUBBER C®MPANY 849
the hearing, indicates that the I. T. U. represents a substantial num-
ber 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 National Labor
Relations Act. '
IV. THE APPROPRIATE UNIT
We find, in accordance with, a stipulation of the parties, that all
employees of the Company at the Woonsocket plant, excluding execu-
tives, supervisory, office, clerical, and plant-protection employees, lab-
oratory and technical personnel, and non-productive quality inspec-
tors, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act.2
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 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 purpose of collective bargaining with United States
Rubber Company, Woonsocket, Rhode Island, 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 First 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 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
1 The Regional Director reported that the I. T. U. presented membership application
cards or authorization petitions bearing apparently genuine signatures of 318 persons
whose names appear on the Company's pay roll for the period ending April 25, 1943,
There are approximately 863 employees in the appropiiate unit. The United did not
present any evidence of membership but relies upon its contract as establishing its
interests
This is the same unit that is provided for in the contract between the United and the
Company.
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850, , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 they desire to be represented by
Industrial Trades Union of America, or by United Rubber Workers of
America, Local No. 224, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining, or by neither.
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