The Goodyear Tire & Rubber Co., Inc.

National Labor Relations Board - Board Decisions

Feb 7, 1956

115 N.L.R.B. 349 (N.L.R.B. 1956)

THE GOODYEAR TIRE & RUBBER CO., INC. 349
the production and maintenance unit currently represented by Local
116, and the Regional Director shall issue a certification of results of
election to that effect.
[Text of Direction of Election omitted from publication.]
The Goodyear Tire & Rubber Co., Inc . and International Union,
United Automobile, Aircraft & Agricultural Implement Work-
ers of America (UAW, AFL-CIO), Petitioner. Case No. 7-RC-
2928. February 7,1956
DECISION AND CERTIFICATION OF REPRESENTATIVES
Pursuant to stipulation for certification upon consent election ex-
ecuted by the parties, an election by secret ballot was held in a unit of
tirechangers employed by the Employer at the Detroit Greyhound
garage on October 20, 1955, under the direction and supervision of the
Regional Director for the Seventh Region. At the conclusion of the
election the parties were furnished with a tally of ballots showing that
there were 4 eligible voters, that all of them cast ballots, that 2 were
for Petitioner and 1 against it, and that 1 ballot was challenged. This
was a challenge by the Petitioner on the ground that Emmons, the
voter in question, was a supervisory employee.
Inasmuch as the challenged ballot affects the results of the election,
the Regional Director caused an investigation to be made of the issue
raised by the said challenge, and thereafter, on December 2, 1955,
issued and served upon the parties his report on challenged ballots in
which he recommended to the Board that the challenge be sustained
and the Petitioner certified as the bargaining representative of the
employees in question. On December 12, 1955, the Employer duly
filed its exceptions to specific paragraphs of the report, including the
finding that Emmons is a supervisor, but not including that paragraph
of the report finding that Emmons' superior is stationed in Cleveland
and spends only 2 to 3 days every second month in Detroit, and that in
his absence Emmons is in charge of the tirechanging operation at the
Detroit garage. The Employer requests a hearing to show that Em-
mons is the working leader of a 4-man crew, rather than a supervisor
of the other 3 men.
The Board has reviewed the stipulation of the parties, the Regional
Director's report on challenged ballots, and the Employer's excep-
tions. Upon the entire record in the case, it makes the following.find-
ings of fact :
1. The Employer is engaged in commerce within the meaning of
the Act.
115 NLRB No. 59.
350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
4. As stipulated by the parties, the following employees of the
Employer constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act: All tire-
changers of the Employer employed at the Greyhound garage located
at West Lafayette and 15th Street, Detroit, Michigan, excluding office
and plant clerical employees, professional employees, all other em-
ployees, and supervisors as defined in the Act.
5. For the reasons here set out we find no merit in the exceptions
and we adopt the Regional Director's recommendations that the chal-
lenge be sustained and the Petitioner certified. Inasmuch as no issue
is raised concerning the recommended finding that Emmons is in charge
of the Detroit operation in the absence of his superior, who
spends most of his time at another location, no useful purpose would
be served by ordering a hearing. On these admitted facts we find that
Emmons is a supervisor because he responsibly directs other, em-
ployees within the meaning of Section 2 (11) of the Act.
Accordingly, we sustain the challenge to Emmon's ballot,' and as
the majority of the ballots were cast in favor of the Petitioner, we
shall certify it as the representative of the employees in the appropriate
unit.
[The Board -certified International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America (UAW,
AFL-CIO), as the designated collective-bargaining representative of
the employees of the Employer in the unit herein found appropriate.]
I Members Rodgers and Bean disagree with this conclusion on the ground that the
Employer's exceptions as a whole do raise a factual issue as to the supervisory character
of Emmons , and accordingly they would order a hearing on that question.
Dornback Furnace & Foundry Company and International Union,
United Automobile , Aircraft & Agricultural Implement Work-
ers of America, AFL-CIO, Petitioner . Case No. 8-RC-2500.
February 7,1956
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
On September 9, 1955, pursuant to a Decision and Direction of
Election' issued herein by the Board, an election was conducted in
I Not reported in printed volumes of Board Decisions and Orders.
115 NLRB No. 56.