The Toledo Industrial Rubber Co.

National Labor Relations Board - Board Decisions

Jun 23, 1942

41 N.L.R.B. 1201 (N.L.R.B. 1942)

In the Matter of THE TOLEDO INDUSTRIAL RUBBER COMPANY and IN-
TERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICUL-
TURAL IMPLEMENT WORKERS OF AMERICA, LOCAL #12 (C. I. 0.)
Case No . R-3910.-Decided June ^?3, 194
Jurisdiction : mechanical rubber parts manufacturing industry.
Investigation and Certification of Representatives : existence of question : con-
flicting claims of rival representatives; collective bargaining contract with
rival organization held no bar where petitioner made its claim to recognition
at a time when the contract was open for negotiation ; election necessary.
Unit Appropriate for Collective Bargaining : all employees including working
foremen, but excluding office and clerical employees, supervisory employees
who have the right to hire and discharge, certain foremen, and named em-
ployees in the finishing department and in the plating room.
Mr. Richard C. Swander, for the Board.
Mr. John H. Moor, of Toledo, Ohio, for the Company.
Mr. Lowell Goerlich, Mr. Walter Murphy, and Mr. Edward Duck,
of Toledo, Ohio, for the C. I. O.
Mr. William F. Sturm, of Toledo, Ohio, for the A. F. of L.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
Local #12 (C. I . 0.), herein called the C. I. 0., alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of The Toledo Industrial Rubber Company , Toledo, Ohio,'
herein called the Company , the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Henry J.
Kent, Trial Examiner . Said hearing was held at Toledo, Ohio, on
June 2, 1942 . The Board , the Company, the C. I. 0., and Federal
Labor Union , No. 22426, affiliated with the American Federation of
Labor, herein called the A. F. of L ., appeared , participated, and
' The petitioner made a motion at the hearing to amend the petition to provide for
the correct name of the Company, as set forth in the text. The parties made no objec-
tions and the Trial Examiner granted the motion.
41 N. L. R. B., No. 218.
463892-42-vol . 41-76 1201
1202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were afforded a 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 from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Toledo Industrial Rubber Company is an Ohio corporation
having its principal plant and office in Toledo, Ohio, where it is en-
gaged in the manufacture of mechanical rubber parts and products.
The Company purchases raw materials valued at approximately
$400,000 annually , of which 60 percent is shipped from points out-
side the State of Ohio. The Company manufactures 'finished prod-
ucts valued at approximately $600,000 annually , of which 80 percent
is shipped to points outside the State of Ohio.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, All-craft & Agricultural
Implement Workers of America, Local #12 (C. I. 0.), and Federal
Labor Union, No. 22426, affiliated with the American Federation of
Labor, are labor organizations admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION /
On June 1, 1941, the Company and the A. F. of L. entered into a
collective bargaining contract terminable in one year, with auto-
matic renewal from year to year, unless 30 days''notice is given by
either party prior to expiration. On April 13; 1942, the A. F. of L.
notified the Company that a complete change of the agreement was
requested, and that a representative would call upon the Company
to present the new agreement. On April 20, 1942, the C. I. O. ad-
vised the Company that•it represented a majority of the production
and maintenance employees of the Company, and requested the au-
thority to bargain collectively for such employees. The Company
thereupon notified the C. I. O. that because of the collective bargain-
ing contract it had with the A. F. of L., it would be unable to recog-
nize the C. I. O. Inasmuch as the C. I. O. made its claim to
recognition at a time when the contract was open fox negotiation the
contract is no bar to a present determination of representatives.
A report prepared by a Field Examiner of the Board, and intro-
duced in evidence at the hearing, indicates that the C. I. O. repre-
THE TOLEDO INDUSTRIAL RUBBER COMPANY 1203
sents a substantial number of the employees of the Company in the
unit hereinafter found to be 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The parties stipulated that all employees of the Company, exclud-
ing office and clerical employees, supervisory employees who have the
right to hire and discharge, and foremen, constitute a unit appropri-
ate for the purposes of collective bargaining. The foremen who
were excluded by the stipulation are : Lee Warderoff, Tony Jarocki,
Grayston Dixon, H. 0. Schultz, and George Ward. The parties
further stipulated that Mike Kutsik and Bill Place are working
foremen and that neither are to be excluded under the categories of
supervisor or foreman.
The parties are in disagreement concerning Charles Spain and
Thaddeus Wrezinski. The Company and the A. F. of L. contend
that these employees are foremen and should, therefore, be excluded
from the unit. The C. I. 0. takes the position that Spain and
Wrezinski are not foremen or supervisors and should be included.
Charles Spain. Spain is employed in the finishing department.
He reports for work around 6 or 7 p. m., and from then until mid-
night supervisers 12 or 13 girls and one man in that department.
The girls leave at about 10: 30 p. m. and the man at about midnight.
From that time until about 6 a. m., when he leaves, Spain is engaged
in production work. Spain is hourly paid.
Thaddeus Wrezinski. Wrezinski has charge of the plating room,
which, prior to the war, was a production unit of the Company.
Although plating work has since fallen considerably in volume and
Wrezinski does some production work, such as sand blasting, plating,
and buffing, he retains his former authority . He is paid on a salary
basis.
Both men in dispute appear to exercise considerable supervisory
authority. The Company and the A. F. of L. have not bargained
concerning them under the terms of their contract. Under the cir-
2 The Field Examiner reported that the C. I. 0 submitted its dues roster record con-
taining 60 names of persons who were stated to be employees of the Company It also
presented 60 authorization cards dated between April 2 and April 24, 1 '942, and bearing
seemingly valid signatures . Fifty-four names on the dues roster and the authorization
cards appear to be of persons on a "list of employees working in our shop" as of May 6,
1942, submitted by the Company . There are approximately 123 employees in the alleged
unit.
The Regional Director reported that the A F. of L. submitted 109 reaffirmation cards,
all dated May 12, 1942, bearing seemingly valid signatures . Of the 109 cards submitted,
103 bear the names of persons appearing on the "list of employees working in our shop"
as of may 6 , 1942, submitted by the Company.
1204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cumstances , we conclude that Spain and Wrezinski should be excluded
from the unit.
We find that all employees of the Company, including Mike Kutsik
and Bill Place but excluding office and clerical employees , super-
visory employees who have the right to hire and discharge, Lee
Warderoff , Tony Jarocki, Grayston Dixon , H. O. Schultz , George
Ward, Charles Spain , and Thaddeus Wrezinski , constitute a unit
appropriate for the purpose of collective bargaining , within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
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 who were employed during the pay-
roll period immediately preceding the date of our Direction of
Election herein, subject to the limitations and additions set forth in
said 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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purpose of collective bargaining with The Toledo In-
dustrial Rubber Company, Toledo, Ohio, 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 super-
vision 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, Section 9, 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 said pay-roll period because they were ill or, on vacation
or in the active military service or training of the United States,
or temporarily laid off, but excluding employees who have since quit
or been discharged for cause, to determine whether they desire to be
represented by International Union, United Automobile, Aircraft &
Agricultural Implement Workers of America, Local #12 (C. I. 0.),
or by Federal Labor Union, No. 22426, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or by
neither.