Pittsburgh Plate Glass Co.

National Labor Relations Board - Board Decisions

Apr 29, 1941

31 N.L.R.B. 468 (N.L.R.B. 1941)

In the Matter of PITTSBURGH PLATE GLASS COMPANY and UNITED
AUTOMOBILE WORKERS, AFFILIATED WITH THE C. I. O.
Case No. R-2438.-Decided April 29, 1941
Jurisdiction : glass manufacturing. -
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including the paint stockroom man, but excluding the city shipping
clerk, clerical and office employees, supervisory employees, salesmen, and retail
clerks.
McCarty & Cooper, by Mr. Robert P. McLarty and Mr. Walter G.
Cooper, of Atlanta, Ga., for the Company.
Mr. C. M. Gilnuvii, of Atlanta, Ga., for the Union.
Miss Ann Landy, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 21, 1941, United Automobile Workers, affiliated with i
the C. I. 0., herein called , the Union , filed with the Regional Director
for the Tenth Region ( Atlanta, Georgia ) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of Pittsburgh Plate Glass Company, Atlanta, Georgia,
herein called the Company , and requesting an investigation and certi-
fication of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat . 449, herein called the Act . On March
17, 1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9,(c) of the Act and Article III, Section 3,
of the National Labor Relations Board Rules and Regulations-Series
2, as amended , ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice. ,
On March 19 , 1941 , the Regional Director , issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice , a hearing was held on March 31, 1941 , at Atlanta,
31 N. L . R. B, No. 71. -
468
PITTSBURGH PLATE GLASS COMPANY 469,'
Georgia, before Alexander. E. Wilson, Jr., the Trial Examiner duly
designated by the Chief Trial Examiner. The Company and the
Union were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. During the course of the hearing the Trial Examiner made
several rulings on motions and on-objections to the admission' of evi-
dence. The Board has reviewed the rulings of the Trial Examiner and
finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
On April 14, •1941, the Company filed a brief which the Board has
considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Pittsburgh Plate Glass Company is a Pennsylvania corporation.
At 23 factories located throughout the United States the Company
manufactures plate glass, mirrors, paints, and other products. The
Company also has 80 plants of which one,, located in Atlanta, Georgia,
is involved in the present proceedings. At the Atlanta plant the Com-
pany is engaged in three types of business; glass construction, and glass
and paint sales. About 98 per cent of the material used and sold at
Atlanta comes from the Company's Atlanta warehouses, but all such
materials were manufactured in factories of the Company located
outside the State of Georgia. The Company employs about 58 em-
ployees at its Atlanta plant.
II. THE ORGANIZATION INVOLVED
United Automobile Workers is a labor organization affiliated with
the Congress of Industrial Organizations. It admits to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In a letter dated December 16, 1940, addressed,to the manager of
the Company's Atlanta plant, Federation of Flat Glass Workers,
C. I. 0., requested recognition as exclusive repiesentative of•the Com-
pany's employees in Atlanta. The letter was acknowledged; and re-
ferred to the Company,'s General Office, but the request was never
answered.
At the hearing there was introduced in evidence a report by the
Regional Director showing that a substantial number of employees
470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
within the unit hereinafter found to be appropriate have designated
an unnamed union, affiliated with the C. I. 0. as their representative
for the purposes of collective bargaining.,.
The record contains no explanation of the fact that the request to
bargain was made on behalf of the Flat Glass Workers, C. I. 0. and
the petition was filed by the Union. Inasmuch, however, as the au-
thorization cards designated ".- .. union affiliated with C. L 0.," it is
clear that the employees thereby intended to authorize bargaining on
their behalf by a C. I. 0. affiliate.2 No labor organization other than
the Union now seeks to represent the Company's employees.
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and-commerce among the several States, and
tends to lead td labor disputes burdening-.and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union contends that all production and maintenance employees
of the Company at its Atlanta plant, including the city shipping clerk
and the paint department stockroom man, but excluding clerical and
office employees, supervisory employees, salesmen, and, retail clerks,
constitute an appropriate unit. The Company does not object to the
appropriateness of such unit, but contends that the city shipping clerk
is a supervisory employee. -
The duties of the city shipping clerk consist of taking orders for
city deliveries, distributing orders among the cutters, seeing that the
orders are filled, making out receipts, and assigning the orders to de-
livery trucks. He does no physical labor. Since all the duties of the
city shipping clerk are supervisory and clerical in nature we shall
exclude him from the unit of production and maintenance employees.
We find that all production and maintenance employees of the Com-
pany, including the paint stockroom man, but excluding the city ship-
The Regional Director reports that the Union submitted 26 authorization cards and
that 23 of such cards were signed by employees whose names appear on the Company's
March 26, 1941, pay roll Twelve of the cards were signed between November 1940 and
January 1941 , 14 of the cards were undated There are approximately 30 employees in
the unit requested by the Union
Cf N. L R B v Bradford Dyeing Association, 110 U S 318
PITTSBURGH PLATE GLASS COMPANY 471
ping clerk, clerical and office employees, supervisory employees, sales-
men, and retail clerks, constitute a unit appropriate for the purposes
of collective bargaining, and that such unit will insure to employees of
the Company, the full benefit of their right to self-organization and
to collective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved -by means of an election by secret ballot.' The
Union stated that a pay roll dated not later than February 15, 1941,
should be used as a basis for determining eligibility to vote, but offered
no reason for this request. Following our usual practice, we shall use
as the date for determining eligibility of employees-to vote the pay-roll
period next preceding the date of this Direction of Election, subject to
such limitations and additions as are set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW,
1. A question effecting commerce has arisen concerning the repre-
sentation of employees of Pittsburgh Plate Glass Company, Atlanta,
Georgia, 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 of the Company at its
Atlanta, Georgia, plant, including the paint stockroom man, but ex-
cluding the city shipping clerk, clerical and office employees, super-
visory employees, salesman, and retail clerks, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTION
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,
49 Stat. 449, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining â–º
with Pittsburgh Plate Glass Company, Atlanta, Georgia, 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 of Election, under the
direction and supervision of the Regional Director for the Tenth
Region, acting in this matter as agent for the National Labor Relations
472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board and subject to Article III, Section 9, of said Rules and Regula-
tions, among all production and maintenance employees of the Com-
pany at its Atlanta, Georgia, plant, who were employed during 'the
pay-roll period next preceding the date of this Direction of Election,
including the paint stockroom man, and employees who did not work
during the pay-roll period because they were ill or on vacation, or in
the active military service or training 'of the United States, or tem-
porarily laid off, but excluding the city shipping clerk, clerical and
office employees, supervisory employees, salesmen, retail clerks, and
employees who have since quit or,been discharged for cause, to deter-
mine whether or not they desire to be represented by United Automo-
bile Workers, affiliated with the C. I. 0., for the purposes of collective
bargaining.