Firestone Rubber & Latex Products Co.

National Labor Relations Board - Board Decisions

Mar 23, 1948

76 N.L.R.B. 927 (N.L.R.B. 1948)

In the Matter of FIRESTONE RUBBER & LATEX PRODUCTS COMPANY,
E^IPLovFR a1 d UNITED RUBBER, Coiu , LINOLEUlI AND PLASTIC
WORKERS OF AMERICA , C. I. 0., PETITIONER
Case No. 1-8861. Decided March ,°L8, 1948
Mr. William S. Brandy, of Fall River, Mass., for the Employer.
Mr. Daniel Baker, of New York City, for the Petitioner.
Messrs. Salvatore Camelio and Albert Brodt, of Boston, Mass., and
Mr. Gerald Lawton, of Fall River, Mass., for the Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Fall
River, Massachusetts, on December 17,1947, before Sam G. Zack, hear-
ing officer. 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 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 the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Firestone Rubber & Latex Products Company, a Massachusetts
corporation, is engaged in the manufacture of miscellaneous rubber,
plastic, and allied products at its plant in Fall River, Massachusetts.
During the past year the Employer purchased for use at its plant
materials valued at approximately $6,000,000 or more, 50 percent of
which was received from points outside the Commonwealth of Massa-
chusetts. During the same period the Employer sold finished products
valued at approximately $12,000,000, of which approximately 50 per-
° Chuirman Herzog and Members Murdock and Gray.
'76 N. L. R. B, No. 125.
927
928 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cent represents shipments to points outside the Commonwealth of
Massachusetts.'
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization, affiliated with the Congress
of Industrial Organizations , claiming to represent employees of the
Employer.
The Firestone Rubber Workers' Federal Labor Union, No. 23185,
herein called the Intervenor , is a labor organization , affiliated with
the American Federation of Labor, claiming to represent employees of
the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
- The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of its production and maintenance em-
ployees until the Petitioner has been certified by the Board in an
appropriate unit.
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.'
IV. THE APPROPRIATE UNIT
We find, substantially in accordance with the agreement of the
parties, that all production and maintenance employees at the Em-
ployer's Fall River, Massachusetts, plant, including hourly paid lab-
oratory workers, quality inspectors, and cafeteria workers, but ex-
cluding office and plant clerical employees, professional employees,
salaried laboratory employees, firemen, watchmen and guards, and all
supervisors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
I The figures appearing above are as corrected by the Employer in it letter to the hearing
officer after the hearing In its letter the Employer stated that the figures submitted at
the hearing had been based on production during war years and were higher than present
production As this correction will not affect our finding that the Employer is engaged in
commerce within the meaning of the Act, and as no prejudice results therefrom, we accept
the Employer's letter and order it made a part of the record herein
2 The Intervenor contends that the record fails to indicate a sufficient showing of interest
by the Petitioner. We find this contention to be without merit, for the Board has re-
peatedly held that the matter of showing is one of administrative expediency, for the pur-
pose of enabling the Board to determine whether further proceedings are warranted, and
is not subject to objection at the hearing. Moreover, we are administratively satisfied that
the Petitioner has made a sufficient showing of interest. Matter of 0. D. Jennings & Com-
pany, 68 N. L. R. B. 516.
Ad
FIRESTONE RUBBER -& LATEX PRODUCTS COMPANY
DIRECTION OF ELECTION 3
929
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Firestone Rubber & Latex
Products Company, Fall River, Massachusetts, 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, and subject
to Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, 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, in-
cluding employees who did not work during said pay-roll period be-
cause they were ill or on vacation or temporarily laid off, but exclud-
ing those employees who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, and also excluding employees on strike who are not entitled
to reinstatement, to determine whether they desire to be represented
by United Rubber, Cork, Linoleum and Plastic Workers of America,
C. I. 0., or by Firestone Rubber Workers' Federal Labor Union, No.
23185, A. F. L., for the purposes of collective bargaining, or by neither.
3 Any participant in the election herein may , upon its prompt request to, and approval
thereof by , the Regional Director , have its name removed from the ballot.