Cleveland Plastics, Inc.

National Labor Relations Board - Board Decisions

Jan 31, 1949

81 N.L.R.B. 402 (N.L.R.B. 1949)

In the Matter of CLEVELAND PLASTICS, INC., EMPLOYER and LOCAL,
217, INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. 0., PETI-
TIONER
Case No. 8-RC-320.-Decided January 31, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing officer
of the National Labor Relations Board. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is an Ohio corporation with its principal office
and plant located in Cleveland, Ohio. It is engaged in the manufac-
ture of plastic wall tiles and, since October 1948, in the manufacture
of plastic refrigerator parts. It contemplates the purchase of addi-
tional equipment and the expanded production of refrigerator parts.
Since its organization in January 1948, the Employer has purchased
raw material known as polystyrene in the amount of approximately
$10,000 each month, all of which is shipped to it from points outside the
State of Ohio. The gross sales of its finished products have averaged
from $14,000 to $15,000 a month, with 80 percent of its production being
in wall tiles and the remainder in refrigerator parts. Its entire pro-
duction of refrigerator parts is sold to the Westinghouse Electric Cor-
poration at Mansfield, Ohio, which plant has been found by the Board
to be engaged in commerce within the meaning of the Act.' The Em-
ployer's entire production of wall tiles is sold to two wholesale dis-
tributing firms located in Cleveland and Akron, Ohio. The record
* Reynolds , Murdock, and Gray.
1 See Matter of Westinghouse Electric and Manufacturing Company, 24 N. L. It. B. 601;
42 N. L . R B. 417. We take judicial notice of the change in the corporate name of West-
inghouse Electric & Manufacturing Company to Westinghouse Electric Corporation.
81 N. L. R. B., No. 68.
402
CLEVELAND PLASTICS, INC. 403
indicates that the wall tiles find their principal use in building con-
struction.
We find, contrary to the contention of the Employer, that it is en-
gaged in commerce within the meaning of the Act .2
2. The Petitioner is a labor organization claiming to represent
employees of the Employer.
3. We find that a question affecting commerce exists concerning the
representation of employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit of production and maintenance
employees excluding office and clerical employees, professional em-
ployees, guards, and supervisors, as defined in the Act. The parties
are in substantial agreement as to the unit sought except that the Peti-
tioner would exclude and the Employer include certain part-time
employees.3
The record shows that of these part-time employees, two 4 have
full-time employment elsewhere. In their part-time employment
they have averaged approximately 50 hours of work a month during
3 months of employment. They have no regular work schedule.
They are offered employment only when the Employer has certain
tiles which require special packing, or when a regular employee is
temporarily absent. The acceptance of this part-time employment
is subject to the demands of their regular employment. A third
part-time employee 5 has, because of poor health, worked at irregular
intervals only a total of 48 hours in 2 months and is subject to call
under the same circumstances as are the other part-time employees.
A fourth part-time employee 6 works regularly almost a full-time
schedule and has expectations of regular full-time employment.'
Because of the casual nature of their employment and the secondary
call upon the individual's time, we shall exclude from the unit all
part-time employees without regular work schedules 8 However, we
shall include therein D. H. Marcy and all regular part-time em-
ployees.9
We find that all production and maintenance employees of the
Employer at its Cleveland, Ohio, plant, including regular part-time
2 See , Matter of Btnns Passaic Iron & Brass Foundry, 77 N. L. R. B. 380 . See also
Matter of Akron Brick & Block Company, 79 N. L. R. B 1253.
The part-time employees are M. Kornaker, K. Krivos, V. O'Malia, and D. H. Marcy.
M Kornaker and K. Krivos.
V. O'Malia.
6 D. H. Marcy. This employee is considered a part-time employee because he was origi-
nally employed by the Employer as a salesman and because he still devotes a few hours
of his own time each week to sales activities on behalf of the Employer.
' The Petitioner during the course of the hearing indicated that it had no real objection
to including D H. Marcy in the requested unit
8 See Matter of W C Nabors Company, 79 N. L. R B. 40
9 Matter of American Lawn Mower Company, 79 N. L. R. B. 367.
829595-50-vol 81-27
404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees," but excluding part-time employees without regular work
schedules,11 office and clerical employees, professional employees,
guards, and supervisors as defined in the Act, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Eighth Region, and
subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations-Series 5, as amended, among the
employees in the unit found appropriate in paragraph numbered 4,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, 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 election, and also exclud-
ing employees on strike who are not entitled to reinstatement, to deter-
mine whether or not they desire to be represented, for purposes of
collective bargaining, by Local 217, International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, C. 1. 0.
10 Among employees in this category is employee D. H. Marcy.
11 Among employees in this category are employees M. Kornaker , K. KrIvos, and V.
O'Malia.