B. F. Goodrich Co.

National Labor Relations Board - Board Decisions

Apr 26, 1943

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

- In the Matter of B. F . GOODRICH COMPANY ( COPOLYMER PLANT ) and
INTERNATIONAL BROTHERHOOD OF FIREMEN S', OILERS , LOCAL 320,
A. F. of L.
I n the Matter of B. F. GOODRIOH COMPANY ( CoreLYMVMER PL,^ NT' and
INTERNATIONAL BROTHERHOOD Or ELECTRPCAL WOR K ERS , LOCAL 369,
A. F. of L.
Cases Nos . RD119 and 1R-5120, respectively .Decided April 26, 1,943
AIr.'C. D. Russell , of Akron , Ohio, for the Company.
Dlr. Lawrence F. Daly, of Washington , D. C., for the I. B. E. W.
Dlr. lVilliar?n E. Fredenberger , of Louisville , Ky., for the Oilers.
Mr. F. Al. Dickerson , of Memphis, Tenn ., for the United.
Mr. Louis Cokin, of counsel to the Board.
N
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
_Upon separate petitions duly filed by International Brotherhood of
Electrical Workers, Local 369, A. F. of L., herein called the I. B. E. W.,
and International Brotherhood of Firemen & Oilers, Local 320, A. F.
,of L., herein called the Oilers, alleging that questions-affecting com-
merce had arisen conceilning the representation of employees of
B. F. Goodrich Company (Copolymer Plant), Louisville, Kentucky,
herein called the Company, the National Labor Relations Board con-
solidated the cases and provided for an appropriate hearing upon due
notice before William T. Shooer, Trial Examiner. Said hearing was
held at Louisville, Kentucky, on April 2, 1943. At the commencement
of the hearing, the Trial Examiner granted a motion of United Rubber
Workers of America, C. I. 0., herein called the United, to intervene.
The Company, the I. B. E. W., the Oilers, and the United appeared,
participated, and were afforded full opportuiiity to be heard, to exam-
ine and cross-examine witnesses, and to introduce evidence bearing on
the issues. 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:
49 N. L. R. B., No. 21.
152
B. F., GOODRICH COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
153
B. F. Goodrich Company is a New York corporation with its prin-
cipal office at Akron, Ohio. We are here concerned with its Copolymer
plant at Louisville, Kentucky. Over 95 percent of the raw materials
used at the Copolymer plant is shipped to it from points outside the
State of Kentucky and 95 percent of the finished products is shipped
to points outside the State of Kentucky. The Company admits, for
the purposes of this proceeding, that it is engaged in commerce within
the meaning of the National Labor'Relations Act.
1 II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local 369, and
,International Brotherhood of Firemen & Oilers, Local 320; are labor
organizations affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
United Rubber Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 31, 19483, the I. B. E' W. i equested the Company to recog-
nize it as the exclusive representative of certain of the Company's
employees., The Company refuses to recognize the I. B. E. W. or the
Oilers as the exclusive representatives of any of its employees.
Statements of a Field Examiner of the Board, introduced into evi-
dence during the hearing, indicate that the I. B. E. W. and the Oilers
each represents a substantial number of employees in the unit alleged
by each to be appropriate.'
We find that questions affecting commerce have 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 UNITS
The I. B. E. W. contends that all electrical employees, journeymen,
and helpers at the Louisville, Kentucky, plant of the Company, ex-
cluding employees who have the authority to hire and discharge, con-
' The Field Examiner reported that the I. B. E. W. presented four authorization cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of April 1, 1943. There are four employees in the unit urged by the I. B. E. W.
The Field Examiner further reported that the Oilers presented six authorization cards
bearing apparently genuine signatures of persons whose names ' appear on the Company's
pay roll of April 1, 1943. There are approximately eight employees in the unit urged
by the Oilers
154 DEICISIONS OF NATIONAL LABOR RELATIONS BOARD
stitute an appropriate unit. The Oilers contends that all firemen,
firemen helpers, oilers, and boiler room employees at the Louisville,
Kentucky, plant of the Company, constitute'an appropriate bargain-
ing unit. The United contends that only an industrial unit, includ-
ing the employees claimed by the I. B. E. W. and the Oilers, is appro-
priate'but took the position at the hearing that it does not desire an,
election among such a group at this time.2 The Company took no
position with respect to the unit or units. Evidence introduced at
the hearing indicates that the employees claimed by the I. B. E. W.
and the Oilers constitute homogeneous craft groups.
We find that all electrical employees, journeymen, and helpers at
the Louisville, Kentucky, plant of the Company, excluding employees
who have the authority to hire and discharge, constitute a unit appro-
priate.for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.
We further find that all firemen, firemen helpers, oilers, and boiler
room employees at the Louisville, Kentucky, plant of the Company,
excluding supervisory employees, 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, find that the questions concerning representation which have
arisen can best be resolved by means of elections by secret ballot.. The,
I. B. E. W. and the Oilers request that elections be held in the imme-
diate future. The United contends that no elections should be held
because the Company expects its personnel to increase threefold. The
record indicates that at the time of the hearing there were approxi-
mately four and eight employees in the appropriate units respectively.
The record indicates that there is considerable uncertainty as to when
an appreciable expansion of personnel will take place and that further
the Company contemplated no increase in the number of employees
in the firemen's unit and possibly no increase in the electrician's unit.
We shall accordingly proceed with an immediate determination of
representatives. • .
In one respect, however, we shall, in view of the circumstances
herein presented, modify our usual practice. Ordinarily we refuse,
for administrative reasons, to entertain a petition for an investigation
and certification of representatives within a year after we have issued'
a certification. Since there is some possibility of an expansion of the
Company's operations which will almost triple the number of em-
ployees, we shall not, in the event collective bargaining representatives
2 After the close of the hearing, the United notified the Board that it desired an imme-
diate election in an industrial unit. We shall deny Its request at this time without
prejudice to the filing of a petition for such a unit.
B. F. GOODRICH COMPANY 155
are certified as a result of this proceeding, adhere to our usual 1-year
rule. We shall, instead, entertain a new petition for an investigation
and certification of representatives at any time following issuance of
any certification, provided we are satisfied, under all the circumstances
then shown (including proof*that there has been a substantial increase
in the number of employees and that the petitioner represents a sub-
stantial number'of employees), that a question affecting commerce has
arisen.
We shall direct that the employees eligible to vote in the elections
shall be those within the appropriate units who were employed during
the pay-roll period immediately 'preceding the date of the Direction
of Elections herein, subject to the limitations and additions set forth
in the Direction.
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 represent-
atives for the purposes of collective bargaining with B. F. Goodrich
Company, Louisville, Kentucky, 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 Ninth 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 units found appropriate in Section IV, above, who were em-
ployed 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, (1) to determine, with
respect to the employees in the electricians unit, whether they desire
to be represented by International Brotherhood of Electrical Workers,
Local 369, affiliated with the American Federation of Labor, or by
United Rubber Workers of America, affiliated with the Congress,
of Industrial Organizations, for the purposes of collective bargaining,
or by neither, and (2) to determine, with respect to the unit of fire-
men, whether they desire to be represented by International Brother-
hood of Firemen & Oilers, Local 320, affiliated with the American
Federation of Labor, or by United Rubber Workers of America, affili-
ated with the Congress of Industrial Organizations, for the purposes
.of collective bargaining, or by neither.