The Ohio Rubber Co.

National Labor Relations Board - Board Decisions

Nov 13, 1939

17 N.L.R.B. 526 (N.L.R.B. 1939)

In the Matter of THE OHIO RUBBER COMPANY and LOCAL #3 OF THE
UNITED RUBBER WORKERS OF AMERICA
Case No. C-1391.-Decided November 13, 1939
Rubber Products Industry-Settlement : stipulation providing for compliance
with Act-Stipulation: exceptions taken to, by discharged employees, found to
be without merit-Order: entered on stipulation.
Mr. Bernard R. Bralove, for the Board.
Mr. Charles If. Arter, of Cleveland, Ohio, for the respondent.
Mr. Charles T. Jones, of Willoughby, Ohio, for the Union.
Land d Land, of Cleveland, Ohio, for Wilson Brunson and Wallace
Harandeen.1
Mr. Bernard W. Freund, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On August 10, 1937, Local #3 of the United Rubber Workers of
America, herein called the Union, filed with the Regional Director
for the Eighth Region (Cleveland, Ohio) a charge alleging that
The Ohio Rubber Company, Willoughby, Ohio, herein called the
respondent, had engaged in and was engaging in unfair labor prac-
tices affecting commerce within the meaning of Section 8 (1), (2),
(3), and (5) and Section 2 (6) and (7) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On October 28, 1938,
May 11, 1939, and August 8, 1939, the Union filed with the Regional
Director an amended charge, a second amended charge, and a third
amended charge, respectively, alleging that the respondent had
engaged in and was engaging in unfair labor practices affecting com-
merce within the meaning of Section 8 (1), (2), and (3) and Section 2
(6) and (7) of the Act. Concerning the unfair labor practices, the
third amended charge alleged in substance (1) that the respondent
had dominated and interfered with the formation of Rubber Product
Makers Association of Lake County, a labor organization, herein
1 See infra.
17 N. L. R. B., No. 43.
526
THE OHIO RUBBER COMPANY 527
called the Association, and had contributed financial and other sup-
port thereto, (2) that the respondent had discriminated in regard
to the hire and tenure of employment of 50 named employees 2 be-
cause of their union membership and activity, and (3) that, by the
aforesaid acts and by other acts, the respondent had interfered with,.
restrained, and coerced its employees in the exercise of the rights.
guaranteed in Section 7 of the Act.
Upon the above charge and amended charges, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the Eighth Region, issued its complaint against the respondent,
dated August 28, 1939, together with notice of hearing, alleging that
the respondent had engaged in and was engaging in unfair labor
practices affecting commerce within the meaning of Section 8 (1),
(2), and (3) and Section 2 (6) and (7) of the Act. Concerning
the unfair labor practices, the complaint alleged in substance (1)
that the respondent dominated and interfered with the formation
and administration of the Association and contributed financial and
other support thereto; (2) that the respondent discriminated in regard
to the hire and tenure of employment of 17 of the 50 employees
named in the third amended charge; 3 (3) that the respondent urged,,
persuaded, and warned its employees to refrain from becoming or
remaining members of the Union, and threatened them with dis-
charge and other reprisals if they became or remained members of
the Union; and (4) that, by the aforesaid acts and by other acts,
the respondent interfered with, restrained, and coerced its employees
in the exercise of the rights guaranteed in Section 7 of the Act.
By letter dated August 28, 1939, the Regional Director advised the
Union that his investigation of the charges that the respondent had
discriminated against the remaining 33 persons named in the third
amended charge 4 revealed that said charges were not supported, and
that, accordingly, no complaint would be issued thereon. In his
letter the Regional Director further informed the Union that, pur-
suant to Article II, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, a review of his action in refusing
to issue a complaint with respect to said charges of discrimination
2 See footnotes 3 and 4 , infra.
3 Millard Anderson , George Barstow , Clifford Baughman , Joe Bradshaw , Russell Brich-
ford, Charles Brown, Wilson Brunson, Harry Fritchey, Fred Funk, Neil Greenaway, John
Grant , George Hagenburger , Wallace Harandeen , Almond Hart , Rolyn Nida , Balsuzar Turk,
Sylvester Williams.
4 A. P. Adams, Mary Anderson, Robert Beck, Cecil Bird, Violet Brown, Leonard Bruner,
Harold Centner, Bert Dayton, Anthony Long, Frank Mangano, Mike Manta, Dominic
Minadeo, Alfred Moore, Joyce Moore, Mike Pallak (Pollack), Doris Pike, Edward H. Reimer,
Russell Rife , Thomas Roberts , Harland Rogers, E. Rosseum . James Rugnetta , Edward
Schneider, Lewis Schupp, Andrew Sivak, Friend Spencer, Betty Springer, Edward J.
Thomas, Jesse ( Jess ) Turner, Eugene Vash, Betretha ( Bethretha) Weigand, Dallas
Williams, Gale ( Gail ) Williams.
528 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
might be obtained by filing within 10 days a request therefor with
the Board at Washington and filing a copy of such request with the
Regional Director.
On August 28, 1939, the respondent, the Union, the Regional Di-
rector, and counsel for the Board entered into a stipulation in settle-
ment of the case, subject to approval by the Board. On October 13,
1939, the said parties entered into a further stipulation, amending
.the first stipulation. The stipulation of August 28, 1939, provides
as follows :
Whereas upon a third amended charge dated August 8, 1939
duly filed by Local #3 of the United Rubber Workers of America
affiliated with the Congress of Industrial Organizations, the
Regional Director for the Eighth Region of the National Labor
Relations Board on August 26th, 1939 refused to issue a com-
plaint in respect to : A. P. Adams, Mary Anderson, Robert Beck,
Cecil Bird, Violet Brown, Leonard Bruner, Harold Centner,
Bert Dayton, Anthony Long, Frank Mangano, Mike Manta,
Dominic Minadeo, Alfred Moore, Joyce R. Moore, Doris Pike,
Mike Pollack, Edward H. Reimer, Russell Rife, Thomas Rob-
erts, Harland Rogers, E. Rosseum, James Rugnetta, Edward
Schneider, Louis Schupp, Andrew Sivak, Friend Spencer, Betty
Springer, Edward J. Thomas, Jesse Turner, Eugene Vash,
Bethretha Weigand, Dallas Williams, and Gail Williams, per-
sons named in the third amended charge, with a right of appeal
to review said refusal to issue a complaint, pursuant to the
National Labor Relations Board Rules and Regulations, Series 2,
Article 2, Section 9, and
Whereas, the above named persons have a right to appeal the
refusal of the Regional Director to issue a complaint and have
been so notified, this stipulation and agreement is expressly con-
tingent upon the National Labor Relations Board sustaining the
refusal of the Regional Director to issue a complaint in respect
to those persons who do appeal, and
Whereas upon the third amended charges filed by Local #3 of
the United Rubber Workers of America, the National Labor Rela-
tions Board, hereafter called the Board, by Oscar S. Smith, Re-
gional Director for the Eighth Region as agent for the Board, act-
ing pursuant to authority granted in Section 10 (b) of the
National Labor Relations Act, hereinafter called the Act, and
acting pursuant to Rules and Regulations, Series 2, issued its
Complaint and Notice of Hearing on the 28th day of August 1939
against Ohio Rubber Company.
. ' THE OHIO RUBBER COMPANY 529
It is therefore stipulated and agreed , subject to paragraph
XIII hereof, by and among the Ohio Rubber Company, herein-
after called the Respondent , by Charles K. Arter its attorney, the
United Rubber Workers of America, by S. H. Dalrymple its Presi-
dent, and Local #3 of the United Rubber Workers of America, by
C. T. Jones, W. D. Brown , J. J. Grant, and H. F. Fritchie, its
negotiating committee , and Oscar S. Smith, Regional Director,
and Bernard R. Bralove attorney for the Eighth Region, Na-
tional Labor Relations Board, that:
I. Respondent is a corporation existing under and by virtue of
the laws of the State of Ohio and operates a manufacturing plant
in the Village of Willoughby, Ohio.
II. Respondent is engaged in the manufacture and distribution
of rubber products at its plant in said Village of Willoughby,
Ohio.
III. In the twelve months preceding the date of this stipulation
said Respondent purchased raw materials in excess of $1,000,000,
more than 50 percent of which were obtained in states other than
the state of Ohio.
IV. Respondent in the twelve months preceding the date of this
stipulation sold finished products in excess of $1,500,000, approxi-
mately 75 percent of which were sold or shipped to states other
than the State of Ohio.
V. The Rubber Product Makers Association of Lake County,
a labor organization referred to in the complaint , disbanded and
disorganized and ceased to exist on or about March 24, 1939, and
surrendered and cancelled its contract with the Respondent, as
evidenced by copy of letter addressed to Respondent by said Rub-
ber Product Makers Association of Lake County dated March 24,
1939 attached hereto, marked Exhibit "A " 5 and made a part
hereof, and said contract is now cancelled and of no force and
effect and will not be recognized by Respondent.
VI. Wallace Harandeen and Wilson Brunson, referred to in
Paragraph VIII , subsection 2 (c) hereof have received substan-
tially equivalent employment . Said Harandeen has been regu-
larly employed since April 1936 and has earned Five Thousand
Three Hundred Twenty Dollars ($5,320.00) from then to the date
hereof. If Harandeen had been employed by respondent during
the period from April 1936 to date be would have earned Three
Thousand Four Hundred Twenty Five and Fifty-nine Hun-
dredths Dollars (3,425.59 ). Said Brunson has been regularly em-
ployed since April 1937 and has earned Two Thousand Seven
Hundred Seventy-five Dollars ($2,775.00) from then to the date
e Said Exhibit A is hereinafter set forth as Appendix A to our Decision and Order.
530 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
hereof. If Brunson had been employed by respondent during the
period from April 1937 to date, he would have earned Two Thou-
sand Seventy-four and Sixteen Hundredths Dollars ($2,074.16).
VII. That all parties waive their right to a hearing in the above
named proceeding. The issuance of Findings of Fact and Con-
clusions of Law by the Board is hereby waived. It is agreed that
the Complaint, Notice of Hearing and third Amended Charge
may be filed with the Chief Trial Examiner of the National
Labor Relations Board, together with this stipulation, and when
so filed may constitute the record in this case.
VIII. This stipulation is subject to the approval of the Na-
tional Labor Relations Board, and upon this stipulation being ap..
proved by it, the Board may enter an Order to the following
effect :
1. The Respondent, its officers, agents, successors, and assigns,
shall not :
(a) Interfere with, restrain or coerce its employees in the exer-
cise of their rights to self-organization, to form, join, or assist
labor organizations, to bargain collectively through representa-
tives of their own choosing and to engage in concerted activities
for the purpose of collective bargaining, or other mutual aid or
protection as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Discourage membership in United Rubber Workers of
America, Local #3, or any other labor organization of its em-
ployees' choosing by discriminating in regard to hire and tenure
of employment or other term or condition of employment;
(c) Dominate or interfere with the formation or administra-
tion of any labor organization of its employees or contribute finan-
cial or other support to any labor organization of its employees,
and shall not give any force and effect to the contract of the Rub-
ber Product Makers Association of Lake County.
2. The Respondent shall take the following affirmative action
to effecuate the policies and purposes of the National Labor
Relations Act :
(a) Place each of the employees named in Exhibit B s attached
hereto upon a preferential list to be offered reinstatement to his
or her former or substantially equivalent work without prejudice
to any seniority or other rights or privileges previously enjoyed
by each of them, as soon as work becomes available which each
is qualified to perform, and before any person not on respondent's
payroll as of August 28, 1939 is hired for such work, and before
any person on respondent's August 28, 1939 payroll but in some
6 Said Exhibit B is hereinafter set forth as Appendix B to our Decision and Order.
THE OHIO RUBBER COMPANY 531
other position is transferred to such work, if such transfer would
result in hiring any person not named on Exhibit D for the work
from which the transfer was made.
(b) Make whole said employees named in Exhibit B for any
losses of pay that each of them have suffered as a result of their
discharge by it, by payment to each of them of the amount of
money set forth opposite his or her name on Exhibit B. Such
payment shall be in full settlement of any claims for back pay
arising from their discharge.
(c) Make whole Wallace Harandeen and Wilson Brunson
(without reinstatement) for any losses of pay they have suffered
as a result of their discharge by it by payment to said Harandeen
of the amount of Two Hundred Fifty-four and Ninety-two Hun-
dredths Dollars ($254.92) and said Brunson of the amount of
Six Hundred Seventy-four and Seventy-nine Hundredths Dol-
lars ($674.79). Such payments shall be in full settlement of
any claims for back pay arising from their discharge to the date
each of them received substantially equivalent employment.
(d) Post immediately, notices to its employees in conspicuous
places within its plant in words and figures as set forth in Ex-
hibit C 7 attached hereto and made a part hereof, and maintain
such notices for a period of at least 30 consecutive days from
the date of this Order.
IX. In the event that an order of the National Labor Rela-
tions Board is entered in accord herewith all parties consent to
the entry by any United States Circuit Court of Appeals of a
decree enforcing an order of the National Labor Relations Board
in the above form, and Respondent waives its right to contest
any application by said Board for the entry of such a decree.
X. It is understood and agreed that all issues arising under
this complaint including claims for back pay up to and including
the date hereof against the Respondent are hereby fully settled
and composed.
XI. Attached hereto and marked Exhibit D 8 is the agreement
executed on the 28th day of August 1939 between the Ohio
Rubber Company and United Rubber Workers of America, Local
#3, for the purposes of settling the petition for investigation
and certification of representatives filed by the United Rubber
Workers of America, Local #3 on February 5, 1938.9
7 Said Exhibit C is hereinafter set forth as Appendix C to our Decision and Order.
Said Exhibit D is hereinafter set forth as Appendix D to our Decision and Order.
a The case referred to is Matter of The Ohio Rubber Company and United Rubber
Workers of America , Local No . 3, Case No . VIII-R-122. Since said representation case
has not been consolidated with the instant case , we shall make no order herein with respect
thereto.
532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
XII. The entire agreement between the parties is contained
within the terms of this stipulation and there is no verbal agree-
ment of any kind which varies, alters, or adds to this stipulation.
XIII. It is understood and agreed that in the event this stipu-
lation is not approved by the National Labor Relations Board
as written, the provisions hereof including any and all waivers
herein made shall be null and void and shall be without prejudice
to the respective claims of the parties hereto, and the parties
shall be relegated to the position they were in immediately prior
to the execution hereof.
The further stipulation of October 13, 1939, provides as follows :
AMENDMENT TO STIPULATION
Whereas, on August 28, 1939, a stipulation was agreed upon
and signed in the above entitled matter and
Whereas, it is the desire of all parties to the above named
stipulation to correct one item contained therein and to add one
further provision to the affirmative action required to effectuate
the policies and purposes of the National Labor Relations Act,
It is therefore stipulated and agreed that Paragraph IV of
the aforementioned stipulation should be corrected to read :
"IV. Respondent in the twelve months preceding the date of
this stipulation sold finished products in excess of One Million
Five Hundred Thousand Dollars ($1,500,000.00), approximately
75% of which were sold or shipped to states other, than the State
of Ohio."
It is further stipulated and agreed that there be added
to Paragraph VIII, Section 2, after Subsection (d), the follow-
ing provision :
"(e) Notify the Regional Director for the Eighth Region in
writing, within ten (10) days from the date of this Order, what
steps the respondent has taken to comply herewith."
The entire. amendment to the stipulation between the parties
is contained within the terms of this amendment to stipulation
and there is no verbal agreement of any kind which varies,
alters or adds to this amendment to stipulation.
On September 5 and 8, 1939, 16 10 of the 33 employees with respect
to whose charges of discrimination the Regional Director on August
28, 1939, had refused to issue a complaint, filed with the Board
requests for a review of the said action of the Regional Director.
10 Robert Beck , Bert Dayton , Frank Mangano , Mike Manta , Dominic Minadeo, Alfred
Moore, Joyce Moore, Doris Pike, Mike Pollack (Pallak), Edward II. Reimer, Russell Rife,
Harland Rogers, James Rugnetta, Andrew Sivak, Betty Springer, Jesse (Jess) Turner.
THE OHIO RUBBER COMPANY 533
On September 8, 1939, Wilson Brunson and Wallace Harandeen, two
of the employees named in the complaint, filed with the Board excep-
tions to the stipulation of August 28, 1939, in settlement of the case,
in so far as said stipulation provided for payment to them of back
pay in amounts less than those 'set forth in the exceptions and in so
far as it failed to provide for the inclusion of their names in the
preferential list for reinstatement.
After due consideration the Board found the requests for review
and the exceptions to the stipulation to be without merit, and on
October 21, 1939, the Board issued its order approving the stipula-
tion, as amended, and making it a part of the record in the case.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent is an Ohio corporation with a plant at Willoughby,
Ohio, at which it is engaged in the manufacture and distribution of
rubber products. During the year ending August 28, 1939, the re-
spondent purchased in excess of $1,000,000 of raw materials, of which
more than 50 per cent were obtained in States other than the State
of Ohio. During the same period, the respondent sold in excess of
$1,500,000 of finished products, of which approximately 75 per cent
was sold or shipped to States other than the State of Ohio.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, stipulations, and the
entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that The Ohio Rubber Company, Willoughby, Ohio,
its officers, agents, successors, and assigns :
1. Shall not :
(a) Interfere with, restrain or coerce its employees in the exer-
cise of their rights to self-organization, to form, join, or assist labor
organizations, to bargain collectively through represexitatives of
their own choosing and to engage in concerted activities for the pur-
pose of collective bargaining, or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations Act;
(b) Discourage membership in United Rubber Workers of America,
Local #3, or any other labor organization of its employees' choosing
534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by discriminating in regard to hire and tenure of employment or
other term or condition of employment;
(c) Dominate or interfere with the formation or administration
of any labor organization of its employees or contribute 'financial or
other support to any labor organization of its employees, and shall
not give any force and effect to the contract of the Rubber Product
Makers Association of. Lake County.
2. Shall take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Place each of the employees named in Appendix B upon a
preferential list to be offered reinstatement to his or her former
,or substantially equivalent work without prejudice to any seniority or
other rights or privileges previously enjoyed by each of them, as
soon as work becomes available which each is qualified to perform,
and before any person not on respondent's pay roll as of August 28,
1939, is hired for such work and before any person on respondent's
August 28, 1939, pay roll but in some other position is transferred to
such work, if such transfer would result in hiring any person not
named in Appendix B for the work from which the transfer was
.made;
(b) Make whole said employees named in Appendix B for any
losses of pay that each of them have suffered as a result of their dis-
.charge by it, by payment to each of them of the amount of money
set forth opposite his or her name on Appendix B. Such payment
shall be in full settlement of any claims for back pay arising from
their discharge;
(c) Make whole Wallace Harandeen and Wilson Brunson (with-
out reinstatement) for any losses of pay they have suffered as a
result of their discharge by it by payment to said Harandeen of the
amount of Two Hundred Fifty-four and Ninety-two Hundredths
Dollars ($254.92) and said Brunson of the amount of Six Hundred
Seventy-four and Seventy-nine Hundredths Dollars ($674.79). Such
payments shall be in full settlement of any claims for back pay aris-
ing from their discharge to the date each of them received sub-
'stantially equivalent employment;
(d) Post immediately, notices to its employees in conspicuous
places within its plant in words and figures as set forth in Appendix
C attached hereto and made a part hereof, and maintain such notices
for a period of at least 30 consecutive days from the date of this
Order;
(e) Notify the Regional Director for the Eighth Region in writ-
ing, within ten (10) days from the date of this Order, what steps
the respondent has taken to comply herewith.
THE OHIO RUBBER COMPANY
APPENDIX A
535
WILLOUGHBY, OHIO,
March 4 . 1939.
OHIO. RUBBER COMPANY,
Willoughby, Ohio.
GENTLEMEN : On March 16, 1939 at a called meeting of the Board
of Trustees of the Rubber Products Makers' Association of Lake
County it was determined by the four trustees and the secretary of
the association who attended, to disband the association and to re-
linquish, on the part of the employees of the Ohio Rubber Company
who are represented by the Rubber Products Makers' Association
of Lake County as their bargaining agent, all rights which we may
have under an agreement dated October 8, 1937 between the Ohio
Rubber Company and its employees, which agreement covers work-
ing conditions, rates of pay, hours of labor, holidays, and vacations
with pay. The undersigned, as Secretary-Treasurer of the Rubber
Products Makers' Associatioh,^has also been directed by the President,
Ward J. Artlip, to surrender the contract.
This is to advise you that there are now no members of the associa-
tion who are paying current dues; that the undersigned has called
several meetings of the trustees where notice was given to all trustees;
that at such called meetings during the last six months at no time
has a quorum of trustees congregated to do business; that notice
was given to the trustees for the meeting which was called March 16,
1939 and that only four trustees attended. Under the circumstances
the trustees who did attend felt that they were empowered to dis-
band the association, to surrender their charter to the Secretary of
State, and to relinquish on behalf of the association and the em-
ployees represented by it all of their rights as employees under the
written agreement with the Ohio Rubber Company as their employer.
We realize that the agreement creates certain rights in the Ohio
Rubber Company, as employer, which the company may or may not
wish to relinquish, but we -are serving notice on the company that
we have ceased actually to function; that there is no money. in our
treasury; that no meetings have been held of the members of the
association and that the Board of Trustees has ceased to function.
We submit to the company that their rights under the contract are
probably unenforceable because the association has actually ceased to
exist. We should like to have the company notify the association
whether or not the action taken on March 16, 1939 is. sufficient action
to satisfy the company and :whether the company on its part is
willing to release the association from obligation under the agree-
ment which is hereby surrendered.
247384-40-vol. 17--35
536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I am enclosing herewith the original agreement signed by both the
Rubber Products Makers' Association of Lake County and the Ohio
Rubber Company. '
Very truly yours,
RUBBER PRODUCTS MASERS' ASSOCIATION,
By (S) E. G. GUTHRIE, Secretary-Treasurer.
'This is a true and certified copy of original letter addressed to the
Ohio Rubber Company, March 24, 1939.
(S) E. G. GUTHRIE,
Secretary-Treasurer.
APPENDIX B
Name Amount
-Balsuzar Turk----------------------------------------- $850.75
Neil Greenaway---------------------------------------- 365.50
Fred Funk-------------------------------------------- 687.75
Charles Brown----------------------------------------- 1,025.76
Russell Brichford--------------------------------------- 675.25
Joe Bradshaw------------------------------------------ 510.75
Clifford Baughman------------------------------------- 259.00
George Barstow---------------------------------------- 815.25
Sylvester Williams-------------------------------------- 11225.00
Rolyn Nida------------------- ------------------------- None
Almond Hart------------------------------------------ 273.00
George Hagenburger------------------------------------ 282.00
John Grant --------------==---------------------------- 373.00
Harry Fritchey----------------------------------------- 373.00
Millard Anderson--------------------------------------- 273. 00
APPENDIX C
NOTICE To ALL EMPLOYEES
Pursuant to agreement by and among ' the 'Ohio Rubber Com-
pany,Local #3, United Rubber Workers of America, and Oscar
S. Smith, and Bernard R. Bralove, Regional Director and Attorney
respectively, for the National Labor Relations Board, Eighth Re-
gion, a final settlement of, all charges and petitions involving this
company and previously filed with the National Labor Relations
Board has been effected.
In accordance with said agreement and Order of the Board entered
thereon, this company wishes to advise you that it will not :
THE OHIO RUBBER COMPANY 537
(1) Interfere with, restrain or coerce you in the exercise of the
rights guaranteed to you by Section 7 of the National Labor Relations
Act,
(2) Dominate or interfere with the formation or administration
of any labor organization of its employees or contribute financial
.or other support to any labor organization of its employees,
(3) Discourage membership in the United Rubber Workers of
America, Local #3, or any other labor organization of its employees'
choosing by discriminating in regard to hire or tenure of employ-
ment or other term or condition of employment.
THE OHIO RUBBER COMPANY,
By , President.
APPENDIX D
UNITED STATES OF. AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD , EIGHTH REGION
Case No. VIII-R-122
'IN THE MATTER OF THE OHIO RUBBER COMPANY AND UNITED RUBBER
WORKERS or AMERICA, LOCAL No. 3 , AFFILIATED WITH THE CIO
AGREEMENT
This Agreement, made and entered into this 28th. day of August,
1939, by and between The-Ohio Rubber Company, hereinafter called
the company, and United Rubber Workers of America, Local No. 3,
hereinafter called the union,
Witnesseth : That,
Whereas, on February 5, 1938, a Petition for Investigation and
Certification of Representatives Pursuant to Section 9 (c) of the
National Labor Relations Act.was filed with the Regional Director
for the Eighth Region for the National Labor Relations Board by
the union, alleging that a question as to representation existed in
respect to certain employees of the company; and -
Whereas, conferences have been held on this matter between repre-
sentatives of the company, of the union, and agents of the :Board;
Now, therefore, for the purpose of determining whether or not a
majority of the employees within the bargaining unit hereinafter
described have designated the union as their representative for the
purpose of collective bargaining with the company;
It is hereby agreed : That,
1. The hourly paid production and maintenance workers employed
by the company at its Willoughby, Ohio plant, exclusive of super-
5 38 DECISIONS OF NATIONAL LABOR -RELATIONS BOARD
visors, chemical workers and students, constitute an appropriate unit
for the purposes of collective bargaining.
2. A committee composed of the Regional Director for the National
Labor Relations Board, Eighth Region, or agent designated by him,
a representative of the company, and a representative of the union
shall make a comparison of union membership records and/or signa-
tures on authorization cards with the payroll and/or employment
records of employees of the company appearing on the payroll for
payroll period ending June 12, 1939 and within the unit above
described.
3. The company upon request will make available to the Regional
Director, or agent designated by. him, for the use of the above com-
mittee, such payroll and/or employment records as the Regional
Director deems necessary for said comparison and will in addition
thereto submit to the Regional Director within five days after the
approval of this agreement a certified list of all employees within
the above described unit and whose names appear on the above
designated payroll.
4. The union will make available to the.Regional Director, or agent
designated by him, for the use of the above committee, such member-
ship records, and/or authorization cards as the Regional Director
deems necessary for said comparison.
5. After the completion of the said comparison the Regional Direc-
tor shall prepare and serve upon the parties hereto a report describing
the manner in which the comparison was made and setting forth the
findings of the committee.
6. If the comparison shows that a majority of the employees in
the unit above described desire representation by the union, the
company will, upon request, bargain collectively with the union as
the exclusive representative of all the employees in said unit in respect
to rates of pay, wages, hours of employment and other conditions of
employment, and if an understanding is reached on any such matters,
and if requested by the union to do so, will embody such understanding
in a written signed agreement.
THE OHIO RUBBER COMPANY,
By (S) CHARLES K. ARTER.
UNITED RUBBER WORKERS OF AMERICA, LOCAL No. 3,
By (S) CHARLES T. JONES.
Approved this 28th day of August, 1939.
(S) OSCAR S., SMITH,
Regional Director, Eighth Region,
National Labor Relations Board.