Rubber Corp. of America

National Labor Relations Board - Board Decisions

Mar 7, 1950

88 N.L.R.B. 922 (N.L.R.B. 1950)

In the Matter of RUBBER CORPORATION OF AMERICA, EMPLOYER-PETI-
TIONER and PLAYTHINGS, JEWELRY AND NOVELTY WORKERS INTERNA-
TIONAL UNION, CIO, PETITIONER
Cases Nos. 2-RC-1518 and 2-ISM-129.Decided Mare1h 7, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon petitions duly filed by Playthings, Jewelry and Novelty
Workers International Union, CIO, and the Employer, a consolidated
hearing was held before Warren H. Leland hearing officer. The hear-
ing officer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Reynolds].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.
3. On May 21, 1943, United Gas, Coke & Chemical Workers of
America, Local 121, CIO, was certified, as the result of a consent elec-
tion, as bargaining representative for the Employer's employees.
Since then it has held a series of contracts with the Employer, the
most recent of which was executed June 15, 1949, to remain effective
until May 18, 1950.
At a membership meeting of Local 121 on July 13, 1949, a resolution
to disaffiliate was unanimously adopted and the name of the organi-
zation was changed to Local 121, United Chemical Workers of Amer-
ica, Independent, hereinafter referred to as the Independent.' On
July 19, the Independent advised the Employer of the disaffiliation
and of its intention to administer the contract. On July 28, United
1 The bylaws of the former Local 121 were continued , with minor changes required by the
disaffiliation , and the former officers continued in identical offices.
88 NLRB No. 176.
922
RUBBER CORPORATION OF AMERICA 923
Gas, Coke & Chemical Workers of America, CIO, hereinafter called
the Chemical Workers, advised the Employer that it had revoked the
charter of its former Local 121 and would expect the Employer to
treat all rights of its former Local under the contract as having
reverted to the parent organization . On August 11, the Independent
reiterated its claim of right to administer the contract, and advised the
Employer that all dues collected under the contract 's check-off provi-
sion must be forwarded to the Independent . On August 17, 1949,
Playthings, Jewelry and Novelty Workers International Union, CIO,
hereinafter referred to as the Novelty Workers, advised the Employer
that it had been designated as collective bargaining agent by a ma-
jority of the production and maintenance employees of the Employer,
and demanded recognition as such. The following day, Novelty
Workers filed its petition. The Employer then filed a petition with
the Board stating that it was unable to determine what organization
was the collective bargaining representative of its employees and
asking for an election to resolve this uncertainty.
At the hearing, the Independent and the Chemical Workers asserted
rival claims of successorship to the contracting union and contended
that the contract is a bar to these proceedings. The Novelty Workers
contended that the contracting union is no longer in existence and
therefore the contract is no bar. The record discloses that Local 121
had been serving as the contractual representative of the employees of
approximately 32 separate employers . At the hearing , questions were
raised as to whether disaffiliation had been accomplished in accordance
with the contracting union's constitution and bylaws , and as to whether
the Employer's employees had, in fact , received notice of the member-
ship meeting at which the disaffiliation resolution was adopted. It
is not the function of the Board, however , to- resolve the issues raised
in connection with the conflicting claims of succession . The facts
elicited establish that there is a substantial doubt as to the identity of
the labor organization which the Employer's employees desire to
represent them. Under analogous circumstances , the Board has
repeatedly held that an existing contract is not a bar to the holding
of an election to resolve such a doubt.2
Accordingly , we find that a question affecting commerce exists con-
cerning the representation of employees of the Employer within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The parties agree that the appropriate unit comprises all the
Employer 's production , maintenance , shipping, and stock department
2 Sun Shipbuilding and Dry Dock Company, 86 NLRB 20; Fruehauf Trailer Company,
85 NLRB 1509 ; The Liquid Carbonic Corporation, 85 NLRB 284 ; Elizabethtown Water
Company, Consolidated , 84 NLRB 845 ; Hackensack Water Company , 84 NLRB 842;
Breaizer Trucking Company , 44 NLRB 816.
924 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees. The Novelty Workers and the Independent seek to in-
clude the Employer's watchmen. The Employer takes no position but
submits the issue to the Board for determination. As the Employer's
watchmen are engaged in performing the plant protection functions
usual to such category, we find that they are guards within the mean-
ing of the Act. We shall, therefore, exclude them .-3
We find that all production and maintenance employees at the Em-
ployer's New York City plant, including shipping and stock depart-
ment employees and group leaders, but excluding executive personnel,
sales personnel, chemists, technicians, office and clerical employees,
firemen, watchmen, and all supervisors as defined in the Act, consti-
tute a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said payroll 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 rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
they desire to be represented, for purposes of collective bargaining,
by Local 274, United Plastic Workers, CIO, affiliated with Playthings,
Jewelry and Novelty Workers International Union, or by Local
121, United Chemical Workers of America, D. W. U., Ind., or by
United Gas, Coke, & Chemical Workers of America, CIO, or by none
of these organizations.4
8 Hackensack Water Company, supra; Elizabethtown Water Co., Consolidated, et al.,
supra; C. V. Hill & Co., Inc., 76 NLRB'158.
4 Any participant in the election directed herein may, upon its prompt request to, and
approval thereof by, the Regional Director, have its name removed from the ballot.