Corduroy Rubber Co.

National Labor Relations Board - Board Decisions

Apr 8, 1941

30 N.L.R.B. 1017 (N.L.R.B. 1941)

In the Matter of CORDUROY RUBBER COMPANY and UNITED RUBBER
WORKERS OF AMERIOA, AFFILIATED WITH THE C. I. O.
Case No. R-0400.-Decided April 8, 1941
Jurisdiction : rubber products manufacturing industry.
Investigation and Certification of Representatives : existence of question: stip-
ulated ; pay roll agreed to by parties to determine eligibility ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including hourly rate, shipping and receiving department employees,
boiler operators, electricians, steam fitters, powerhouse employees, and machine-
shop employees, but excluding superintendents, foremen, confidential salaried
employees, office and clerical employees, and supervisory employees who have
the power to hire or discharge ; agreement as to.
Mr. Stephen F. Dunn, of Grand Rapids; Mich., for the Company.
Mr. Joseph E: Arsulowicz, of Grand Rapids, Mich., for the Union.
Mr. Louis S. Penfield, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 31, 1941, United Rubber Workers of America, affiliated
with the C. I. 0., herein called the Union, filed with the Regional
Director for the Seventh Region (Detroit, Michigan) a petition, and
on February 26, 1941, an amended petition, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Corduroy Rubber Company, Grand Rapids, Michigan,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
5, 1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section 3,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
On March 7, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and upon the
30 N. L. R. B., No. 144.
1017
1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD '
Union. Pursuant to notice a hearing was held on March 14, 1941, at
Grand Rapids, Michigan, before Oscar Grossman, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company and
the Union were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all par-
ties. No objections to the introduction of evidence or to the rulings
of the Trial Examiner were made by either party. The Board has
reviewed the rulings of the Trial Examiner and finds that no preju-
dicial errors were committed. The rulings are hereby affirmed.
On March,29, the Company filed a brief in support of its contentions.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Corduroy Rubber Company, a Delaware corporation, is engaged in
business at Grand Rapids, Michigan, in the manufacture,- sale, and
distribution of automobile tires, tubes, and related products. The
raw materials and supplies purchased by the Company in 1940 were
valued in excess of $1,500,000, 65 per cent of which, by value, were
purchased in States other than Michigan. During the same period
the total sales of the Company were in excess of $3,000,000, 50 per
cent of which, by value, were made to purchasers in States other
than Michigan. The Company admits that it is engaged in interstate
commerce within the meaning of the Act.
H. THE ORGANIZATION INVOLVED
United Rubber Workers of American is a labor organization affil-
iated with the Congress of Industrial Organizations. It admits to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company and the Union stipulated at the hearing that the Com-
pany refuses to recognize the Union as the exclusive representative
of employees in an alleged appropriate unit until such time as the
Board determines whether or not the Union represents a majority
of employees in such unit.
A statement of the Regional Director introduced into evidence
shows that the Union represents a substantial number of employees in
the collective bargaining unit hereinafter found to be appropriate.'-
1 The Regional Director stated that the Union had submitted 223 applications for mem-
bership, dated between December 1, 1940 , and March 1, 1941 ; that 217 appear to be genu-
ine, original signatures of persons on the Company 's pay roll of February 1, 1941. The
Regional Director further stated that the Union submitted 52 applications for membership
CORDUROY RUBBER COMPANY 1019
We find that a question has arisen concerning the representation of
employees of the Company.
'IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON'
COMMERCE
We find that the question concerning representation which has
arisen occurring in connection with the operations of the Company de-
scribed in Section I above, has a close, intimate and substantial re-
lation to trade, traffic and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties agree, and we find, that all production and main-
tenance employees of the Company, including hourly rate, shipping
and receiving department employees, boiler operators, electricians,
steam fitters, powerhouse employees, and machine-shop employees,
but excluding superintendents, foremen, confidential salaried em-
ployees, office and clerical employees, and supervisory employees who
have the power to hire and discharge, constitute a unit appropriate
for the purposes of collective bargaining. We find that - such unit
will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act. '
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation can best be
resolved by an election by secret ballot.
The parties agreed that if an election should be held the pay-roll
date for determining the eligibility of voters should be February 1,
1941. We see no reason to depart from the desires of the parties.
Accordingly we shall direct that those eligible to vote in the election
shall be the employees In the appropriate unit who are on the Com-
pany's pay roll of February 1,1941, subject to such limitations and
additions as are set forth in our Direction of Election herein.
Upon the basis of the above findings of fact, and upon the entire
record in the case'the Board makes the following:
in International Union , United Automobile Workers of America, affiliated with the C. I. 0.,
which it claims had been transferred to it by said International Union ; that 20 of such
applications are dated between January 1 and March 1, 1941, and bear genuine,
original signatures of persons on the Company 's pay roll of February 1 and that the re-
maining 32 -dated similarly are not signed but bear the printed "names of 32 persons on the
February 1, 1941, pay roll. There are approximately 683 persons in the alleged appropriate
unit listed on the February 1, 1941 , pay roll.
1
'1020 DECISIONS- OF. NATIONAL LABOR RELATIONS BOARD
'CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Corduroy Rubber Company, Grand Rapids,
Michigan, within the meaning of Section 9 (c) and Section 2 (6)
and. (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company,
including hourly rate, shipping and-receiving department employees,
boiler operators, electricians, steam fitters, powerhouse employees,
and machine-shop employees, but excluding 'superintendents, fore-
men,- confidential salaried employees, office and clerical, employees,
and supervisory employees who have the power to hire or discharge,
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the, National Labor
Relations Act.
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 Re-
lations Act, 49 Stat 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Corduroy Rubber Company, Grand Rapids, Michigan, an elec-
tion by secret ballot shall be conducted as early as possible, but not
later than thirty (30) days from the, date of this Direction of Elec-
tion, under the direction, and supervision of the Regional Director
for the Seventh Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Section 9,
of said Rules and Regulations, among all production and maintenance
employees of the Company including hourly rate, shipping and re-
ceiving department employees, boiler operators, electricians, steam
fitters, powerhouse employees, and machine-shop employees 'whose
,.names appear on the Company's pay roll of February 1, X941, in-
cluding employees who did not work during such pay-roll period
'because they were ill or on vacation or in the active military service
or training of the United States, or who were temporarily laid off,'
but excluding superintendents, foremen, confidential salaried em-
ployees; office and clerical employees, and supervisory employees who
have the power to hire or discharge, and employees who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by -United Rubber Workers, of America,
affiliated with the C. I. O. for purposes of collective bargaining.