The Firestone Tire and Rubber Co.

National Labor Relations Board - Board Decisions

May 25, 1944

56 N.L.R.B. 913 (N.L.R.B. 1944)

In the Matter of THE FIRESTONE TIRE AND RUBBER COMPANY (FIRE-
STONE INDUSTRIAL PRODUCTS DIVISION, ZANESVILLE, OHIO)' and
UNITED RUBBER WORKERS OF AMERICA (CIO)
Case No. 8-R-1465.-Decided May 25, 1944
Mr. W. R. Murphey, of Akron, Ohio, and Mr. H. W. Orth , of Zanes-
ville, Ohio, for the Company.
Mr. Claude Wisdom and Mr. H. R. Lloyd, of Akron, Ohio, for the
CIO.
Mr. T. C. Dethloff, of Akron, Ohio, for the AFL.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by United Rubber Workers of America
(CIO), herein called the CIO, alleging that a question affecting com-
merce had arisen concerning the representation of employees of The
Firestone Tire and Rubber Company ( Firestone Industrial Products
Division ), Zanesville , Ohio, herein called the Company , the National
Labor Relations Board provided for an appropriate hearing upon due
notice before William O. Murdock , Trial Examiner. Said hearing
was held at Cleveland, Ohio , on April 22 , 1944. , The Company, the
CIO, and International Union of Operating Engineers , Local Union
567, (AFL), herein called the AFL, appeared and participated. All
parties were afforded full 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
firom prejudicial errorand are hereby affirmed. All parties were af-
forded an opportunity to file briefs with the Board.
'The Company's name is shown, as corrected by motion at the hearing
56 N. L. R B., No. 163.
587784-45-vol 56-59 913
914, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE'CObMPANY
The Firestone Tire and Rubber Company, an Ohio corporation, has
its main offices in Akron, Ohio, and operates, among others, a plant
at Zanesville, Ohio, which is known as The Firestone Tire and Rub-
ber Company, Industrial Products Division of Zanesville, Ohio, and
is the only plant involved in this proceeding. Over 50 percent of
the raw materials used by the Company at its Zanesville plant,' totally
valued at more than $100,000 annually, comes from outside the State
of Ohio. The finished products manufactured by the- Company, which
are fuel tanks for the armed forces of the United States, exceed in
value $100,000 annually. Practically all the finished products are
shipped to points outside the. State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Rubber Workers of America, affiliated with the Congress of
Industrial Organizations, and International Union of Operating
Engineers, Local Union 567, affiliated with the American Federation
of Labor, are labor organizations admitting to membership employees
.Of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company'has refused to grant recognition to the CIO as the
exclusive bargaining representative of certain of the Company's em-
ployees until the CIO has 'been certified by the Board in an appro-
priate unit. The Company asserted at the hearing that the CIO's
petition 'herein is untimely because the plant, which began operating
in the latter part of 1943, is still expanding in its personnel, and that
the peak employment is expected to be reached by August 1944, when
the Company will have between 1,200 and 1,400 employees at this
plant. The Company requests that no election be held until it has
its full complement of employees. At the time of the hearing, the r
Company. had between 700 and 800 employees. During December
1943 the Company hired 158 new employees; in January and Feb-
ruary 1944 it obtained only half that number. In view of the present
labor 'shortage, it would be difficult to make any sound predictions as
to the availability of manpower and the possibility of employing the
additional 700 or 800 persons whom the Company would like to hire.
"THE , FIRESTONE :TIRE AND RUBBER COMPANY . 915
Since the Company already has in its employ at least 50 percent of the
maximum number of persons whom it intends to employ, we.are of the
opinion that an election properly may be held at this time to determine
the employees' representation desires.
A statement of a Board, agent, introduced into evidence at the
hearing, indicates that the CIO represents a substantial 'number 'of
employees in the unit hereinafter found appropriate.2
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; THE DETERMINATION OF REPRESENTATIVES
The CIO and the Company agree that an appropriate unit should
consist of all employees of the company, excluding executive, admin-
istrative, and office employees, time-study employees, nurses, chemists,
plant-protection employees; the plant manager, the plant superintend-
ent, shift superintendents, assistant shift superintendents, depart-
ment foremen, assistant foremen, and supervisors. We see no reason
for departing from the agreed inclusions and exclusions.
The AFL seeks a separate unit composed of the powerhouse em-
ployees, whom the CIO would include in the-main production and
maintenance unit. The Company assumes no position as to the power-
house employees. The powerhouse employees are all licensed firemen,
housed in a separate building from the other employees.
The powerhouse employees may properly constitute a separate unit
or a part of the plant-wide unit embracing all employees of the Com-
pany. In view of this fact, we shall make no determination of the
appropriate unit or units at this time, but shall direct that the ques-
tion concerning representation be resolved, in part, by separate elec-
tions among (1) the powerhouse employees,, and (2) the remaining
employees, with the exclusions indicated. If both groups select the
CIO, they will constitute a single unit; if the powerhouse employees
select the AFL, they will constitute a separate unit.
We shall direct that the question concerning representation which
has arisen among all the employees of the Company be resolved by
elections by secret ballot among the, employees in the groups described
in the Direction of Elections who were employed during the pay-roll
period immediately preceding the date of the Direction of Elections
2 The Field Examiner reported that the CIO submitted 326 authorization cards and
that there were in April 1944, about 555 employees in"the alleged appropriate unit, and
that the CIO represents 469 percent ' of the employees in the unit The AFL stated at
the hearing that all of the powerhouse employees , of whom there are 4, whom it seeks
to represent in a separate unit , are its members . The CIO submitted 3 application cards
bearing the names of powerhouse employees. ' ,
916 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTIONS
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, and pursuanttto Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby'
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Firestone Tire
and Rubber Company, Firestone Industrial Products Division , Zanes-
ville, Ohio, separate elections 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 Eighth 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 groups described
below , 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 vaca-
tion or temporarily laid off , and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding any 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 ( 1) whether or not all employees of the Com-
pany, excluding executive , administrative , and office employees, time-
study employees , nurses , chemists , plant-protection employees , power-
house employees , the plant manager, the plant superintendent, shift
superintendents ; assistant shift superintendents, department foremen,
assistant foremen, and all other supervisory employees with authority
to hire, promote, discharge , discipline, or otherwise effect changes in
the status of employees , or effectively recommend- such action , desire
to be represented by United Rubber Workers of America, affiliated
with the Congress of Industrial Organizations , for the purposes of
collective bargaining ; and) (2 ) whether the powerhouse employees,
excluding all supervisory employees with authority to hire, promote,-
discharge , discipline , or otherwise effect changes in the status of em-
ployees, or effectively recommend such action , desire to be represented
by United Rubber Workers of America, affiliated with the Congress
of Industrial Organizations , or by International Union of Operating
Engineers , Local Union 567 , affiliated with the American Federation
of Labor, for the purposes of collective bargaining or by neither.
CHAIRMAN MILLIs took no' part in the consideration of the above
Decision and Direction of Elections.