Firestone Tire and Rubber Co.

National Labor Relations Board - Board Decisions

Apr 8, 1947

73 N.L.R.B. 243 (N.L.R.B. 1947)

In the Matter of FIRESTONE TIRE AND RUBBER COMPANY ( ATLANTA
WAREHOUSE), EMPLOYER and UNITED AUTOMOBILE, AIRCRAFT, AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. 0., PETITIONER
Case No. 10-R-2442.-Decided April 8,1947
Mr. H. F. Rosborg, of Atlanta, Ga., for the Employer.
Mr. T. 0. Porter, of Atlanta, Ga., for the Petitioner.
Mr. Lloyd S. Greenridge, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon a petition duly filed, the National Labor Relations Board on
January 29,1947, conducted a prehearing election among employees of
the Employer in the alleged appropriate unit, to determine whether or
not they desired to be represented by the Petitioner for the purposes of
collective bargaining.
At the close of the election, a Tally of Ballots was furnished the
parties. The Tally shows that there were approximately 33 eligible
voters, of whom 26 voted, all for the Petitioner.
Thereafter, a hearing was held at Atlanta, Georgia, on February 19
and 24, 1947, before Charles M. Paschal, Jr., hearing officer. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
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 Tire and Rubber Company, an Ohio corporation, main-
tains plants, factories and warehouses throughout the United States,
including a warehouse located in the city of Atlanta, Georgia. At the
Atlanta warehouse, which is alone involved in this proceeding, the
Employer receives and distributes merchandise of all kinds, including
household goods, paints, sporting goods and related products. During
1946, the Employer received at its Atlanta warehouse, merchandise
73 N. L. It. B., No. 45.
243
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
valued at more than $1,000,000, approximately 75 percent of which
was shipped from outside the State of Georgia. During the same
period, the Employer shipped from this warehouse, merchandise
valued at more than $1,000,000, of which approximately 60 percent
was shipped outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of.the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
,of Industrial Organizations, 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 employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with an agreement of the parties, we find that all
warehouse employees of the Employer at its warehouse in Atlanta,
Georgia, excluding all office employees and supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The results of the election held before the hearing show that the
Petitioner has secured all of the valid votes cast. Accordingly, we
shall certify the Petitioner as the collective bargaining representative
of the employees in the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that United Automobile, Aircraft, Agricul-
tural Implement Workers of America, C. I. 0., has been designated
and selected by a majority of the employees in the unit described in
Section IV, above, as their representative for the purposes of collec-
FIRESTONE TIRE AND RUBBER COMPANY 245
Live bargaining and that, pursuant to Section 9 (a) of the Act, the
said organization is the exclusive representative of all such employees
for the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Certification of Representatives.