Pittsburgh Plate Glass Co.

National Labor Relations Board - Board Decisions

Mar 1, 1948

76 N.L.R.B. 452 (N.L.R.B. 1948)

In the Matter Of PITTSBURGH PLATE GLASS COMPANY, ITIPLOYER and
GENERAL DRIVERS LOCAL UNION No. 886, AFL
Case No. 16-R-0331-Decided March 1, 194118
Mr. R. J. Jones, of Oklahoma City, Okla., for the Employer.
Mr. Rutherford H. Brett, of Oklahoma City, Okla., for the Peti-
tioner.,
Mr. Fred G. Lange, of Oklahoma City, Okla., for the Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Oklahoma
City, Oklahoma, on July 25, 1947, before Robert Silagi, 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 1 makes the following :
FIN DINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Pittsburgh Plate Glass Company, a Pennsylvania corporation, is
engaged in the business of selling and distributing plate and window
glass, paints, varnish, and lacquer to retail dealers and small dis-
tributors. It also designs store fronts and fabricates glass. Tile Em-
ployer maintains branch offices throughout the United States. This
proceeding is concerned solely with the branch located in Oklahoma
City, Oklahoma, where the Employer operates a warehouse in connec-
tion with its business of glass and paint jobbing. During the 1-year
period preceding the date of the hearing the value of products sold by
the Employer was in excess of $300,000, of which approximately 50 per-
cent was shipped to the Oklahoma City branch from sources outside
'Pursuant to the pros isions of Section 3,(b) of the Act, the Board has delegated its
powers in connection with this ease to a three -roan panel, consisting of the undersigned
Board liembeis [ Chauman Heizog and Members Reynolds and Muidock]
76 N. L. It. B., No. 66.
452
PITTSBURGH PLATE GLASS COMPANY 453
the State of Oklahoma. Virtually all of the Employer's sales and dis-
tribution are made in the State of Oklahoma.
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 American
Federation of Labor, claiming to represent employees of the Employer.
Brotherhood of Painters, Decorators and Paperhangers of America,
Local 807, herein called the Intervenor, is a labor organization affili-
ated with the American Federation of Labor, claiming to represent
employees of the Employer.
III. THE QUESTION CONCERNING RIiPRESENTATION
The Employer refuses to recognize either the Petitioner or the
Intervenor, both of wihni are affiliated with the same parent organiza-
tion, as the exclusive bargaining representative of certain of its em-
ployees until certified by the Board in an appropriate unit.
At the hearing it appeared that the Intervenor has a current con-
tract with the Employer covering all apprentice glaziers and glaziers
at the Oklahoma City branch. The Petitioner does not seek to repre-
sent any of these craft employees. Nevertheless, the Intervenor con-
tends that its contract is a bar to the instant proceeding on the ground
that the employees sought to be represented by the Petitioner are
potential glaziers and therefore fall within the jurisdiction of the
Intervenor rather than the Petitioner. Inasmuch as the Intervenor's
contract does not encompass the employees involved in the instant
proceeding, it is clear that it does not constitute a bar to a present
determination of representatives.
With regard to the jurisdictional dispute between the Intervenor
and the Petitioner, the record indicates that there is little prospect
that the controversy can be effectively resolved without resort to
the administrative processes of the Act. We shall, therefore, pro-
ceed with the investigation?
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
The Petitioner seeks a unit of all warehouse employees at the Em-
ployer's Oklahoma City warehouse, including auto ^ glass workers,
2 See Matter of Fraser Furnace Company, 72 N L R B 637 , Matter of Reynolds Metal
Company, 73 N L. R B 352
454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
glass edgers, warehousemen, apprentice cutters, and the truck driver;
but excluding apprentice glaziers, glaziers, office clerical employees,.
and all supervisors. The intervenor would exclude from the unit
described above all warehousemen and the truck driver. The Em-
ployer takes no position as to the appropriate unit.
Warehousemen: These employees perform interchanegable jobs and
may be shifted from one department to another as the work load
requires. The plant is small and all operations in the warehouse are
highly integrated. The warehousemen work in close association with
the other warehouse employees and appear to have the same commu-
nity of interest. Accordingly, we shall include them.
Truck driver: The Employer employs one truck driver, who nor-
mally performs only driving functions. However, the opportunity
is open to him as well is to the other less skilled employees to advance
himself in glazing functions. His duties bring him in close contact
with the warehouse employes and he works under substantially the
same conditions of employment. We shall include hlni.
Part-time employees: While the parties agreed that part-time em-
ployees should be excluded from any election directed herein, the
record is not clear that they stipulated to the exclusion of these em-
ployees from the appropriate unit. The Employer indicated, however,
that its part-time employees were primarily students working during
sulnnier vacations and that their employment would be terminated
when they returned to school on September 1, 1947. Under these cir-
cumstances and in view of the temporary nature of their part-time
employment, we shall exclude them from the unit.
We find that all employees at the Employer's Oklahoma City ware-
house, including auto glass workers, glass edgers, warehousemen, ap-
prentice cutters, and the truck driver; but excluding apprentice
glaziers, glaziers, office clerical employees, temporary part-time em-
ployees, and all supervisors, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act.
DIRECTION OF ELECTION 3
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Pittsburgh Plate Glass Company,
Oklahoma City, Oklahoma, an election by secret ballot shall be con-
dlucted 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 Sixteenth Region, and subject to Sections
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.
PITTSBURGH PLATE GLASS COMPANY 455
:203.61 and 203.62 of National Labor Relations Board Rules and Regu-
lations-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, including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off , but excluding those employees who
have since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election, and also excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether they desire to be represented by General Drivers Local Union
No. 886, AFL, or by Brotherhood of Painters, Decorators, and Paper-
hangers of America, Local 807, AFL, for the purposes of collective
bargaining , or by neither.