The Firestone Tire and Rubber Co.

National Labor Relations Board - Board Decisions

Apr 8, 1947

73 N.L.R.B. 246 (N.L.R.B. 1947)

In the Matter of THE FIRESTONE TIRE AND RUBBER COMPANY, EM-
PLOYER and UNITED RUBBER, CORK, LINOLEUM R PLASTIC WORKERS
OF AMERICA, INDUSTRIAL UNION ( CIO) , PETITIONER
Case No. 8-R-24417.-Decided April 8, 1947
Messrs. Harold Mull and R . M. Stacy, of Akron, Ohio, for the
Employer.
Messrs. Robert E . Shuff and Rex Murray , of Akron, Ohio, for the
Petitioner.
Mr. Bernard L. Balicer , of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon a petition duly filed, the National Labor Relations Board on
December 20, 1946, conducted a prehearing election among employees
of the Employer in the alleged appropriate unit to determine whether
or not they desired to be represented by the Petitioner for the purpose
of collective bargaining.
At the close of the election, a Tally of Ballots was furnished the
parties. The Tally shows that of the approximately 110 eligible
voters, 89 cast ballots, of which 78 were for the Petitioner, 6 were cast
against Petitioner, 5 ballots were challenged, and 1 ballot was void.
Thereafter, a hearing was held at Akron, Ohio, on February 17, 1947,
before Richard C. Swander, 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 the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Employer is an Ohio corporation engaged in the manufacture
of rubber and rubber products. In the manufacture of its finished
products during the past fiscal year, the Employer utilized raw mate-
rials, principally synthetic and natural rubber, fabric and bead wire,
73 N. L. R. B., No. 46.
246
THE FIRESTONE TIRE AND RUBBER COMPANY 247
valued in excess of $1,000,000, 50 percent of which originated outside
the State of Ohio. During the same period the finished products
manufactured by the Employer exceeded $1,000,000 in value, more
than 50 percent of which was shipped by the Employer from Akron,
Ohio, to points outside the State of Ohio.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations , claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
.the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agree generally that the appropriate unit should com-
prise all employees of the Employer in its Akron District Warehouse,
excluding supervisors and main warehouse office clerical employees.
They are in dispute, however, as to the status of four "senior clerks"
employed in the warehouse, whose ballots were challenged at the
election. The Employer contends that although the senior clerks spend
almost all their working time in the warehouse, they do clerical work
and consequently should be excluded from the unit. The Petitioner
urges their inclusion.
The record shows that although senior clerks are employed both in
the main office and in the warehouse, the main office senior clerks work
office hours, do not punch a time clock, are under the supervision of
and receive pay increases through the office manager, observe the office
vacation schedule, and perform clerical work in the office only. The
senior clerks in the warehouse, on the other hand, work warehouse
hours, punch a time clock, are responsible to the warehouse supervisors
and foremen, observe the warehouse vacation schedule, and do mis-
cellaneous clerical work almost entirely in the warehouse. Occasionally
they perform manual labor in the warehouse. Inasmuch as the senior
clerks in the warehouse work in close contact with and under the same
supervision as the warehouse employees, we are of the opinion that
248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
their duties and interests warrant their inclusion in the same unit;
we shall include them.
We find that all employees of the Employer 2 in its Akron District
Warehouse, including warehouse senior clerks, but excluding office
clerical employees and 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 collective bargaining within
the meaning of Section 9 (b) of the Act.3
Inasmuch as the results of the election held prior to the hearing
show that the Petitioner has received a majority of the valid votes
cast and that the challenged ballots are insufficient in number to
affect the results of the election, we shall not direct that the challenged
ballots be opened and counted, but will certify the Petitioner as the
bargaining representative of the Employer's employees.
CERTIFICATION OF REPRESENTATIVES
IT IS IIEREBY CERTIFIED that United Rubber, Cork, Linoleum &
Plastic Workers of America, International Union (CIO) has been,
designated and selected by a majority of all Akron District Ware-
house employees of The Firestone Tire and Rubber Company, Akron,
Ohio, including warehouse senior clerks but excluding office clerical
employees and supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, as their representative
for the purposes of collective bargaining, and that, pursuant to Section
9 (a) of the Act, the said organization is the exclusive representative
of all such employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment.
CHAIRMAN HERz0G took no part in the consideration of the above
Decision and Certification of Representatives.
3 Matter of Goodman Manufacturing Company, 58 N L. R . B. 531 ; Matter of American
Locomotive Company, 67 N L R B. 1123.
2 Including the maintenance man, John Grimm , whose name was omitted from the pay-
roll list furnished at the election and who was therefore challenged by the Board agent.
At the hearing the parties agreed he should be included in the unit.
3 There are approximately 110 employees in the appropriate unit.