Goodyear Tire & Rubber Co. of Kansas, Inc.

National Labor Relations Board - Board Decisions

Jan 17, 1946

65 N.L.R.B. 532 (N.L.R.B. 1946)

In the Matter of GOODYEAR TIRE & RUBBER COMPANY or KANSAS, INC.
and UNITED RUBBER WORKERS OF AMERICA, CIO
In the Matter of GOODYEAR TIRE & RUBBER COMPANY or KANSAS, INC.
and UNITED RUBBER WORKERS OF AMERICA, CIO
In the Matter of GOODYEAR TIRE & RUBBER COMPANY OF KANSAS, INC.
and INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS, A. F.
or L.
Cases Nos. 17-R-1171, 17-R-117.t, and 17 R-12 , respectively,
Decided January 17, 1946
Messrs. L. E. Spencer and H. M. Hood, of Topeka, Kans., for the
Company.
Mr. Floyd Robinson, of Rock Island, Ill., Mr. Ernest E. Payne, of
Topeka, Kans., and Mr. Frederick V. Knight, of Des Moines, Iowa,
for the CIO.
Mr. Lon Richards, of Pittsburg, Kans., for the Oilers.
Mr. Floyd E. Black, of Topeka, Kans., and Messrs. Charles J. Hill
and Marvin S. Davies, of Kansas City, Mo., for the Federal.
Mr. Charles J. Hill, of Kansas City, Mo., and Messrs. Foley Alvis
and Floyd E. Black, of Topeka, Kans., for the Topeka Federation.
Mr. Donald H. Frank, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon two petitions duly filed by United Rubber Workers of
America, CIO, herein called the CIO, alleging that questions affecting'
commerce had arisen concerning the representation of employees of
Goodyear Tire & Rubber Company of Kansas, Inc., Topeka, Kansas,
herein called the Company,' the National Labor Relations Board
provided for an appropriate consolidated hearing upon due notice
before Margaret L. Fassig, Trial Examiner. The hearing was held at
Topeka, Kansas, on August 2, 1945. The Company, the CIO, Rubber
' The name of the Company appears herein as corrected on the record
65 N. L. R. B., No. 88.
532
4
GOODYEAR TIRE & RUBBER COMPANY OF KANSAS, INC. 533
Workers Federal Labor Union, American Federation of Labor, herein
called the Federal, and Topeka Federation of Labor, American Fed-
eration of Labor, herein called the Topeka Federation, appeared and
participated. After ,the close of hearing, the cessation of hostilities
in the recent war created a change of circumstances requiring the
taking of additional evidence in this case. On November 9, 1945,
pursuant to an order of the Board reopening the record, a further
consolidated hearing upon due notice was held at Topeka, Kansas,
before the same Trial Examiner . The Company, the CIO, the
Federal, the Topeka Federation, and International Brotherhood of
Firemen & Oilers, A. F. of- L., herein called the Firemen & Oilers 2
appeared and participated in the hearing.-3 All parties were afforded
full opportunity to be heard, to examine and cross- examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner 's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Goodyear Tire & Rubber Company, Inc., a Kansas corporation, is a
subsidiary of Goodyear Tire & Rubber Company of Ohio. The prin-
cipal office and place of -business of the Kansas Company is located in
Topeka, Kansas, where it is engaged in the manufacture of heavy duty
high flotation military truck tires and tubes, passenger automobile
tires and tubes, and other rubber products. The plant is owned by
the Defense Plant Corporation. During a 4-month period in 1945, the
Company purchased raw materials, including rayon tire cord, crude
rubber, and synthetic rubber G. R. S., valued at approximately
$400,000, the larger part of which came from points outside the State
of Kansas. Until the end of hostilities in August 1945, all products
of the Company were delivered directly to the armed services of the
United States. During the 4-month period in 1945, the Company
manufactured finished products valued at approximately $600,000.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act, 'and we so find.
2 After the cessation of hostilities , the Firemen & Oilers filed its petition in the instant
case The cases were consolidated before the hearing of November 9, 1945. The CIO
contends that the Firemen & Oilers should not have been permitted to participate in the
further hearing and should not be permitted a place on the ballot on the ground that
its appearance was untimely In view of the fact that the change in circumstances required
further hearing in this case , we find no merit in that contention.
8 The CIO waived the right to protest any election held as a result of consolidated Cases
Nos 17-R-1171 and 17-R-1172, on the basis of the charges of unfair labor practices
filed by it in Case No 17-C-1292
534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT. THE ORGANIZATIONS INVOLVED
United Rubber Workers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Rubber Workers Federal Labor Union, Topeka Federation of Labor,
and International Brotherhood of Firemen & Oilers, each affiliated,
with the American Federation of Labor, are labor organizations admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to either the CIO or
the Firemen & Oilers as exclusive bargaining representative of certain
of its employees until the Board has certified statutory representatives.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO and the Firemen & Oilers each represents a
substantial number of employees in the units it seeks 4
We find that questions affecting commerce have arisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNITS ; THE DETERMINA TION OF REPRESENTATIVES
A. The general contentions of the parties
In its petitions , the CIO sought to establish two separate units, the
first consisting generally of all production and maintenance workers,
and the second consisting of the Company 's plant guards only. At the
hearing, however , the CIO expressed its desire to represent both of
these groups as a single unit, but stated that if such a unit is deter-
lnined to be inappropriate it will represent then separately , as ithad
originally sought to do.
The Topeka Federation seeks a separate unit of all maintenance
employees except the powerhouse employees ; the Federal seeks a sep-
° The Field Examiner reported that the CIO submitted 324 membership -application cards,
279 of which bore names of persons appearing on the Company's pay-roll of July 10, 1945,
which contained the names of 336 employees in the unit sought by the CIO ; and that the
cards were dated 27 in April , 55 in May, 174 in June , and 22 in July 1945 , and 1 was
undated The Trial Examiner reported that the CIO later submitted 65 additional cards, 18
of which bore names of persons on the aforesaid pay roll in the unit sought by the CIO
The Fuemen & Oilers submitted 12 authorization cards, 9 of which bore names of
persons appearing on the Company 's pay roll of October 2, 1945 , which contained the
names of 12 employees in the unit sought by the Firemen & Oilers
The Federal submitted 14 membership -application cards, all of which bore names of
persons appearing on the July 10 pay roll, which contained the names of 252 employees in
the unit sought -by the Federal The Trial Examiner reported that the Federal later sub-
mitted 10 additional authorization cards, 6 of which bore names of persons on the afore-
said pay roll in the unit sought by the Federal
The Topeka Federation submitted 25 membership-application cards, all of which bore
navies of persons appearing on the aforesaid pay roll, which contained the names of 64
employees in the unit sought by the Topeka Federation
GOODYEAR TIRE' & RUBBER COMPANY OF KANSAS, INC. 535
arate unit of all production employees; and the Firemen & Oilers seeks
a separate unit of the powerhouse employees.-, The Company con-
tends that the only appropriate unit in this case is a unit of all pro-
duction and maintenance employees, excluding the laboratory work-
ers on the ground that they are technical and supervisory employees,
and excluding guards on the ground that they are not "employees."
It is the Company's position, however, that if in our opinion the
guards are entitled to collective bargaining, they should be included
in the production and maintenance unit sought by the CIO.
B. The unit of guards
Contrary to the Company's contention, guards are employees within
the meaning of the Acts Although the CIO requests a reconsidera-
tion of our present policy concerning non-militarized guards, it pre-
sents no evidence which persuades us that the factors which impelled
our adoption of that policy have altered. The guards involved herein
are armed, uniformed, and deputized, and they perform monitorial
duties. We find that all the Company's guards, excluding the ser-
geants and the chief and any other 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 collective bargaining within the
meaning of Section 9 (b) of the Act.
C. The voting groups of production and maintenance employees
The record reveals that,all the powerhouse employees work gener-
ally inside the separate powerhouse building under the supervision
of a separate foreman, and that all of them are skilled. These em-
ployees earn from $1.00 to $1.15 per hour, whereas the Company's
unskilled laborers receive $.80 per hour. We have held that, in the
absence of bargaining history upon a plant-wide basis including
powerhouse employees, such employees may, if similarly situated and
supervised, appropriately be represented in a separate unit.? We are
of the opinion that these powerhouse employees may function either
as a separate bargaining unit, or as a part of a more comprehensive
unit. Accordingly, we shall defer our determination of the appro-
priate unit or units. Such determination shall depend, in part upon
the results of the elections hereinafter directed.
5 The Topeka Federation stated for the record that if the Board determines that a
separate unit of the powerhouse employees is not appropriate, it desires that the power-
house employees be included in the maintenance unit it seeks Furthermore, the A F L.
unions involved herein agreed that if the Board determines that a single unit of pro-
duction and maintenance employees is appropriate herein the Federal should be placed on
the ballot for that unit, and that if the guards constitute a separate appropriate unit the
Topeka Federation should be placed on the ballot for that unit
Matter of Bethlehem Supply Company, 63 N L. R. B 937 ; Matter of The Babcock &
Wilcox Company , 61 N L R B 529
'Matter of Kearney & Trecker Corporation , 62 N L R B 1174, and eases cited therein.
536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We perceive no basis in the instant case, however , for dividing into
two separate units the production and maintenance employees gen-
erally. This separation of the maintenance from the production work-
ers is not proposed on the basis of either craft or departmental con-
siderations . In general the maintenance employees work throughout
the plant. Although the maintenance employees are under separate
supervision , the activities of the plant are highly integrated , bringing
the production and maintenance employees into constant contact. The
record reveals that 14 of the 15 Goodyear plants are organized on a
production and maintenance basis, and that at least 19 other tire-
producing plants of other companies are similarly organized. We
shall not, therefore , establish a separate unit of maintenance employees
as such.
The Company would exclude from any group of production and
maintenance employees its laboratory and quality control workers.
The record shows that these employees are neither technical nor super-
visory. Their duty consists of performing routine tests upon raw
materials and upon the Company's products during various stages of
the production process, and of rejecting defective materials. No
special training or education is a prerequisite to their position, and
their salaries are comparable to those of production and maintenance
workers generally . Their work is performed under the supervision
of chemists , who are the Company's technical employees . We shall
include the, laboratory and quality control workers in the general
voting group of production and maintenance employees , hereinafter
established.
The Company would also exclude from any production and mainte-
nance group its "flying squadron" employees . These men are hired
by the Company for the specific purpose of training in all phases of
the business , that they may learn plant management . Although they
perform various production operations , they do so in order to learn
the business , and are frequently shifted from one job to another for
that purpose . They are carried on the pay roll of the personnel depart-
ment, and spend a portion of their time working in the Company offices.
College education is a prerequisite to their position. In view of these
facts, we are of the opinion that the flying squadron employees are
dissimilar in interest and function from the production and main-
tenance employees as a group , and we shall , accordingly , exclude them.
In accordance with our foregoing conclusions , we shall direct that
the questions concerning representation which have arisen in Cases
Nos. 17-R-1171 and 17-R-1243 be resolved , in part, by separate elec-
tions by sectet ballot among the employees of the Company within
the following voting groups :
GOODYEAR TIRE & RUBBER COMPANY OF KANSAS, INC . 537
1. All powerhouse employees of the Company, excluding super-
visors and foremen.
2. All production and maintenance employees of the Company, in-
cluding laboratory and quality control workers, but excluding power-
house employees, timekeepers, office and clerical employees, flying
squadron employees, guards, chemists, and supervisors and foremen.
We shall further direct that the question concerning representation
which has arisen in Case No. 17-R-1172 be resolved by a separate elec-
tion by secret ballot among the employees of the Company within the
guard unit which we have found appropriate, designated in the Direc-
tion of Election as group 3. The employees eligible to vote in these
elections shall be those who were employed in eligible categories during
the pay-roll period immediately preceding the date of the Direction
of Elections.
The Company contends that no election should presently be ordered
because the Company does not at present have in its employ 50 percent
of its ultimate full complement of employees.8 When hostilities ceased
in the war against Japan, all production in the plant stopped and the
Company retained only a skeleton staff in preparation for reconversion.
On September 8, 1945, production was resumed; on that date approxi-
mately 200 production and maintenance workers were employed." By
November 8, 435 production and maintenance workers were at work,
including all those formerly employed who wished to return.9 A com-
pany representative testified that this figure was 35 percent of the
anticipated full peacetime employment of the Company, and that the
Company expected to have 537 employees on January 1, 1946, 668
employees on April 1, and its ultimate complement of 1,223 employees
by July 1, 1946. The record reveals that there is now working in the
plant a fair cross-section of production and maintenance employees
in all categories. We see no reason to depart from our usual policy of
directing immediate elections. We shall, however, entertain a new
petition for an investigation and certification of representatives affect-
ing the employees involved herein within less than 1 year, but not
before the expiration of 6 months from the date of any certification
of a representative of production and maintenance employees which
we may issue in the instant proceeding, upon proof (1) that the num-
ber of employees is more than double the number eligible to vote in
the elections hereinafter directed; and (2) that the petitioner repre-
sents a substantial number of employees in the expanded unit 10
8 This contention concerns the production and maintenance employees only.
At the time of the original bearing, there were 392 production and maintenance
workers on the Company's pay roll.
fU Matter of Hurley Machine Division of Electric Household Utilities Corporattion, 64
N. L. R. B. 1181 , Matter of Packard Motor Car Company (Toledo Division), 60 N. L R. B.
871: Matter of Aluminum Company of America, 52 N. L. It. B 1040.
538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended , it is hereby
DiRECTLD that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Goodyear Tire &-,
Rubber Company of Kansas , Inc., Topeka , Kansas, three separate elec-
tions 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 Seventeenth
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Sections 10 and 11, of said Rules and
Regulations, among the following groups of employees of the Com-
pany, who were employed during the pay-roll period immediately pre-
ceding the date of this Direction, including employees who did not
.work during said pay-roll period because they were ill or on vacation
or temporarily laid off , and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of these elections,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline , or otherwise effect changes in the status of em-
ployees, or effectively recommend such action :
1. All employees of the Company in voting group 1, Section 4,
supra, to determine whether they desire to be represented by United
Rubber Workers of America, CIO , or by International Brotherhood of
Firemen & Oilers, A. F. L., for the purposes of collective bargaining,
or by neither.
2. All employees of the Company in voting group 2, Section 4, supra,
to determine whether they desire to be represented by United Rubber
Workers of America, CIO , or by Rubber Workers Federal Labor
Union, American Federation of Labor, for the purposes of collective
bargaining , or by neither.
3. All employees of the Company in the guard unit found appropri-
ate in Section 4, supra, to determine whether they desire to be repre-
sented by United Rubber Workers of America, CIO, or by Topeka
Federation of Labor, American Federation of Labor, for the purposes
of collective bargaining , or by neither.
CHAIRMAN HrrzoG took no part in the consideration of the above
Decision and Direction of Elections.