The B. F.Goodrich Co.

National Labor Relations Board - Board Decisions

Aug 30, 1944

57 N.L.R.B. 1718 (N.L.R.B. 1944)

In the Matter of THE B. F. GOODRICH COMPANY, OAKS, PA., PLANT and
UNITED RUBBER WORKERS OF AMERICA, AFFILIATED WITII THE CON-
GRESS OF INDUSTRIAL ORGANIZATIONS '
Case No. 4-R-1 .487.-Decided August 30, 194.E
Mr. C. D. Russell, of Akron ,,Ohio, and Mr . J. F. Sweatt , of Oaks, Pa.,
for the Company.
Rothbard , Greenstone , Harris and Talisman , by Mr. Bernard
Cherny, of Newark , N. J., and Mr. 0 . H. Bosley, of Newark , N. J., for
the Union. / •
Mr. Seymour J. Spelman, of counsel to the Board. •
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Rubber Workers of America,
affiliated with the Congress of Industrial Organizations, herein called
the Union, alleging that'a question affecting commerce had arisen con-
- cerning the representation of employees of The B. F. Goodrich Com-
,pany, Oaks, Pa., Plant, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Eugene Purver, Trial Examiner. Said hearing was held at
Norristown, Pennsylvania, on August 2, 1944. The Company and the
Union appeared and, participated. All parties were afforded fall
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce, evidence bearing on the issues. The Trial Examiner'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
1. THE BUSINESS OF THE COMPANY
The B. F. Goodrich Company, a New York corporation with its
principal place of business at Akron, Ohio, is engaged in the manu-
57 N. L. R. B., No. 285.
1718 '
THE B. F. GOODRICH, COMPANY - 1719
facture of automobile tires and tubes at plants throughout the United
States. We are concerned herein solely with its plant at Oaks, Penn-
sylvania. Approximately 80 percent of the raw materials used at the
Oaks, Pennsylvania, plant, is shipped from points outside the Com-
monwealth of Pennsylvania, and in excess of 50 percent of the finished
product is shipped to points outside the Commonwealth of Penn-
sylvania.
The Company concedes, and we find, that it is engaged in commerce
at its Oaks, Pennsylvania, plant, within the meaning of the'National
Labor Relations Act.
II. THE ORGANIZATION 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.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the employees at its Oaks, Penn-
sylvania, plant, until the Union has been certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has 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. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
production and maintenance employees of The B. F. Goodrich Com-
pany at its Oaks, Pennsylvania, plant, excluding office and clerical
employees, floor foremen, and all or any other supervisory 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 collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF THE REPRESENTATIVES
We find that the question concerning representation which has arisen
can be resolved by means of an election by secret ballot. The Com-
1 The Field Examiner reported that , the Union submitted 395 application cards, which,
except for 32 undated cards, bore dates in May , June and July 1944 ; and that there are
approximately 691 employees in the unit hereinafter found appropriate.
1720 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
pany urges that all employees within the appropriate unit who are in
the armed forces of the United States be permitted to vote by mail.
Since, as we fully stated in Matter of Mine Safety Appliances Co.,
Gallery Plant, Gallery, Pennsylvania, 55 N. L. R. B. 1190, it is admin-
istratively impracticable to provide for mail balloting of employees
on military leave who are unable to appear at the-polls and since a
safeguard has been established for their interests, only those employees
in the armed forces of the United States who present themselves in
person at the polls will be permitted to vote.
We shall direct that the question concerning representation which
.has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit ivho were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The B. F. Good-
rich, Company, Oaks, Pennsylvania, 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, under the direction and supervision
of the Regional Director for the Fourth 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 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
the said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding 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, to determine whether or not they desire to be represented by
United Rubber Workers of America, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.
-CHAIRMAN Mmms took no part in the consideration of, the above
Decision and Direction of Election.