Firestone Rubber & Metal Products Co.

National Labor Relations Board - Board Decisions

Oct 28, 1940

27 N.L.R.B. 1133 (N.L.R.B. 1940)

In the Matter of 'FIRESTONE RUBBER & METAL PRODUCTS COMPANY, A
MICHIGAN CORPORATION and LOCAL 174, INTERNATIONAL UNION,
UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE
C. I. O.
Case No. R-2106.Decided October 28, 1940
Investigation and Certification of Representatives : stipulation for certification
by consent election.
Mr. Earl R. Cross, for the Board.
Mr. H. H. McGregor, of Riverview, Mich., for the Company.
Mr. George A. Young, of Detroit, Mich., for the U. A. W.
Mr. Lewis Sutherby, of Trenton, Mich., for the Association.
Mr. Bertram Diamond, of counsel to the Board,.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On January 27, 1940, and on September 23, 1940, respectively,
Local 174, International Union, United Automobile Workers of
America, affiliated with the C. I. 0., herein called the U. A. W.,
filed with the Regional 'Director for the Seventh Region, (Detroit,
Michigan) a petition and an amended petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Firestone Rubber & Metal Products Company, herein
called the Company, engaged in the manufacture and sale of auto-
mobile rims, spark plugs, and plastic automotive parts at Riverview,
,Michigan, and requesting an investigation and certification of rep-
resentatives, pursuant to Section 9 (c) of the, National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. On September 10,
1940, 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 ` provide •for an appropriate hearing upon
27 N. L. R. B., No., 183.
1133
1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
due notice. On September 21, 1940, the Company, the U. A. W.,
and the Down River Firestone Employees Association, herein called
the Association, and the attorney for the Board, entered into a
"STIPULATION FOR CERTIFICATION BY A CONSENT
ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on October 7, 1940, under the direction and supervision of the
Regional Director among all production and maintenance employees
of the Company, excluding watchmen, plant protection employees,
timekeepers, office employees, and employees engaged in a super-
visory capacity, to determine whether said employees desired to be
represented by the U. A. W., the Association, or by neither. On
October 9, 1940, the Regional Director issued and duly served upon
the parties his Election Report on the ballot. No objections to the
conduct of the ballot or the Election Report have been filed by any
of the parties. I
In his Election Report the Regional Director reported as follows
concerning the balloting, and its results:
Total eligible to vote_______________________________________ 458
Total ballots cast__________________________________________ 423
Total ballots challenged _____________________________________ 11
Total blank ballots_________________________________________ 0
Total void ballots - ------------------------------------------ 1
Total valid votes cast_______________________________________ 411
Votes cast for Local 174, International Union, United Auto-
mobile Workers of America, affiliated with C. I. 0---------- 272
Votes cast for Down River Firestone Employees Association__ 74
Votes cast for neither______________________________________ 65
Upon the basis of the stipulation, the Election Report, and entire
record of the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the rep-
resentation of the employees of Firestone Rubber & Metal Products
Company, Riverview , 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 employed by the
Company, excluding watchmen , plant protection employees, time-
keepers, office employees , and employees engaged in a supervisory
capacity constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. Local 174 , International Union, United Automobile Workers of
America, affiliated with the C. I. 0., has been designated and selected.
FIRESTONE RUBBER & METAL PRODUCTS COMPANY 1135
by a majority of the employees in the above unit as their representa
tive for the purposes of collective bargaining and is the exclusive
representative of all employees in said unit within the meaning of
Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, - -
IT IS HEREBY CERTIFIED that Local 174, international Union, United
Automobile Workers of America, affiliated with the C. I. 0., has
been designated and selected by a majority of the production and
maintenance workers, excluding watchmen, plant protection em-
ployees, timekeepers, office employees, and employees engaged in a
supervisory capacity, employed by Firestone Rubber & Metal Prod-
ucts Company at Riverview, Michigan, as their representative for
the purposes of collective bargaining, and that pursuant to the pro-
visions of Section 9 (a) of the Act, Local 174, International Union,
United Automobile Workers of America, affiliated with the C. I. 0.,
is the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.