The B. F. Goodrich Co.

National Labor Relations Board - Board Decisions

May 13, 1955

112 N.L.R.B. 757 (N.L.R.B. 1955)

THE B . F. GOODRICH COMPANY 757
WE WILL NOT dominate or interfere with the administration of, render finan-
cial or other support to , Northeastern Advisory Committee or any other labor or-
ganization, or otherwise interfere with representation by our employees through
a representative of their own choosing free of employer domination , assistance,
or support.
WE hereby withdraw recognition from and completely disestablish North-
eastern Advisory Committee as representative of any of our employees for the
purpose of dealing or treating with us concerning grievances , wages, rates of
pay, hours of employment, or other terms or conditions of work , and we will not
recognize it or any successor thereto for any of the foregoing purposes.
EXPLANATORY STATEMENT
Our employees are advised that it was found that management 's discussion
with the Committee of grievances and working terms, including such subjects as
wage and salary policies, bonus or incentive plans, merit ratings, and job classi-
fications, rendered the Committee a labor organization as the statute defines
that term . This makes management 's participation in the affairs of and support
to the Committee not permissible under the National Labor Relations Act. We
may not treat or deal and will therefore discontinue dealing or treating with
the Committee concerning such matters in the future, nor may we participate
in the affairs of or support or assist any group or organization which exists for
the purpose , in whole or in part of dealing with us concerning grievances or
terms or conditions of work . This does not preclude mutual discussion between
us and the Committee concerning such purely management problems as produc-
tion, sales policies, contract prospects, and other subjects, completely dissociated
from grievances , wages, rates of pay , bonus or incentive plans, or other terms
or conditions of work.
NORTHEASTERN ENGINEERING, INC.,
Employer.
Dated---------------- By----------------------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof , and must not be
altered , defaced , or covered by any other material.
The B. F. Goodrich Company and Gas, Oil Tank Drivers and Help-
ers, Local Union 922, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen & Helpers of America , AFL, Pe-
titioner. Case No. 5-RC-1614. May 13,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before William C. Humphrey, Sr.,
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 this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
112 NLRB No. 98.
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The Employer is a New York corporation, with its principal
place of business located in Akron, Ohio. It is engaged, primarily, in
the manufacture, sale, and distribution of rubber tires and other rub-
ber products, and the merchandising of automobile supplies and hard-
ware. In the conduct of its business, the Employer maintains and
operates its own branch stores and distribution centers.
This proceeding involves the Employer's Washington district which
includes three locations in the District of Columbia : 1112 19th St.
N. W.; 443 Eye St. N. IV.; and 2316-18 Rhode Island Ave. N. E. There
has been no bargaining history relating to these operations. The
Petitioner seeks a unit of the following employees at the three loca-
tions: senior and junior servicemen, including firemen, tire changers,
tire recappers, truckdrivers, chauffeurs, porters, warehousemen and
stockmen, but excluding all sales personnel, clerical employees, guards,
and all supervisory personnel. The district manager stated at the
hearing that there were no employees classified as tire changers, truck-
drivers, or tirernen, but that such duties were performed by the service-
men.
The Employer maintains its district office at 1112 19th St. N. W.
At this address is the district manager, in charge of all operations in
connection with replacement tire sales; the district credit and oper-
ating manager, in charge of all credits, collections, and operations,
wholesalewise, and supervision over the warehouse employees; a
district store supervisor, in charge of all activities of the retail stores
in the Washington area (2 retail stores in the District of Columbia
and 7 in the outlying area), and the recapping plant at 443 Eye St.
N. W. Also at the district office is a chauffeur-porter whose duties are
to drive a passenger car for visiting officials of the Employer and to
act as an office porter.
At 1112 19th St. N. W., there is also a warehouse operation, under
the supervision of the credit and operating manager, which is a whole-
sale outlet. There the Employer maintains a stock of tires and tubes
which are used to handle emergency deliveries to dealers and company
retail stores in the District of Columbia and adjoining States. To
handle this work of shipping and receiving tires and tubes, the Em-
ployer has a warehouseman and his assistant, a stockman. The ware-
house records are kept completely separate from the other operations.
The Employer operates 2 retail stores in Washington, D. C., 1 at
2316-18 Rhode Island Ave. N. E. In addition to the store manager at
this location, there is one senior serviceman. His duties are to mount,
dismount, and repair new and used tires, batteries, and automotive
accessories. He also drives a truck in the service of this merchandise.
At the other retail store at 443 Eye St. N. W., in addition to the store
manager, there are 8 junior and senior servicemen whose duties are
similar to those of the senior serviceman at the Rhode Island Ave. loca-
THE B. F. GOODRICH COMPANY 759'
tion. They operate in a retail way to service and repair used tires, to
mount new tires on passenger cars at the stores, and deliver truck tires
to a large fleet of accounts in the city, and, in some cases, mount and
service truck tires at the truck operator's place of business. Some of
these servicemen drive trucks and others do not. The district manager
stated that it would take a month or two to train a serviceman and
that such training would consist of teaching him to mount tires and
properly repair them, install batteries, seat covers, and spark plugs.
Upstairs over the Eye Street retail store, the Employer operates a
recapping plant where there are seven recappers employed. The re-
capping operation is under the immediate supervision of a plant
manager and his two assistants classified as recap managers I and II,
working under the general supervision of the store supervisor. The
recapping plant activities are devoted entirely to the production of
retreaded tires and the repair of tires for dealers and the retail stores.
All of the production of the plant is billed to these dealers and stores
at wholesale prices and no retail sales are made at the recapping plant.
To become an experienced recapper would take approximately 5 or
6 months. A recapper would have to obtain a very good knowledge of
tires, how they are made, the various types of rubber, and other ma-
terial used in retreading, to know something about steam pressures
and curing time required for proper vulcanizing, how to prepare a
tire for retreading, the use of retreading equipment, and be able to
determine whether a tire is capable of being recapped. Also, he
would need to know something of the die sizes required for each tire,
including the gauge, thickness, and different tread designs.
The Employer urges that there should be three separate bargaining
units : One, of all servicemen at the retail stores; two, recappers; three,
warehouse employees, conditioning this last request for a unit on the
finding of the Board as to the supervisory status of the warehouseman
and unit placement of the chauffeur-porter.
The recapping employees, the servicemen, and the warehouse em-
ployees work on an hourly basis and enjoy the same company benefits.
They are closely located geographically, all within the District of
Columbia. Although separate payrolls are maintained for each
group and charged to the respective operations, all these employees
have substantial interests in common with each other, and the Board
finds they constitute an appropriate unit.' Likewise, we shall include
the chauffeur-porter, who has the same company benefits.
There remains for consideration the question of determining whether
the warehouseman and the recapping managers I and II should be
excluded as supervisors. The district manager testified that the
warehouseman directed the activities of his assistant, the stockman;
1 Cf. B. F Goodrich Company, 87 NLRB 1355; 93 NLRB 1293; Firestone Tire & Rubber
Company ., 88 NLRB 965.
760 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that he had the authority to discipline or discharge the assistant; that
half of his time was spent in physical labor and the remainder of his
time was devoted to preparation of reports . He further testified that
the recapping plant managers I and II have the usual functions of
foremen as well as the authority to recommend the discharge of em-
ployees. We find that the warehouseman and the recap managers I
and II are supervisors as defined in the Act and shall therefore exclude
them from the unit.
We find that all employees in the Employer's recap plant at 443 Eye
St. N. W., the servicemen employed at the retail store locations at 443
Eye St. N. W., and 2316-18 Rhode Island Ave. N. W., the warehouse
employee and the chauffeur-porter at 1112 19th St. N. W., but excluding
all sales personnel, clerical employees, guards, the warehouseman, the
recapping managers I and II, and all other supervisors as defined in
the Act, constitute a unit appropriate for the purpose of collective
bargaining within the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication.]
Royal Dalton , Ltd. and Warehouse & Distribution Workers Union,
Local No. 688 , affiliated with International Brotherhood of
Teamsters , Chauffeurs, Warehousemen & Helpers of America,
AFL, Petitioner . Case No. 14-I'C-2690. May 16, 1955
DECISION AND ORDER
Upon a petition duly filed under Section 9 ( c) of the National Labor
Relations Act, a hearing was held before William F. Trent, 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 this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The Petitioner and the Intervenor , International Ladies' Gar-
ment Workers ' Union, AFL , are labor organizations which claim to
represent certain employees of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 ( 6) and (7) of the Act.
Petitioner seeks a unit of production and maintenance employees.
The Intervenor and the Employer contend that their contract of De-
cember 22, 1954 , is a bar to this proceeding . For reasons set forth
below, we find merit in the Intervenor 's contention.
On December 10, 1954, the Employer wrote to the Intervenor that as
the latter had been the recognized bargaining representative for a
112 NLRB No. 100.