51 N.L.R.B. 532 (N.L.R.B. 1943)

United States Rubber Co.

National Labor Relations Board - Board DecisionsJul 20, 1943

51 N.L.R.B. 532 (N.L.R.B. 1943)

In the Matter Of UNITED STATES RUBBER COMPANY (SCIOTO ORDNANCE PLANT) and UNITED RUBBER WORKERS OF AMERICA, LOCAL 241 (CIO) Case No. R-5615.-Decided July 20,1943 Mr. W. L. Jensen, Mr. Charles M. Chnumley, Jr., and Mr. Roy N. Lovett, of Marion, Ohio, for the Company. Mr. John C. Lind, of Upper Sandusky, Ohio, and Mr. John D. House, of Marion, Ohio, for the C. I. O. Mr. R. W. Beverly and Mr. D. L. Martin, of Marion, Ohio, for the A. F. L. Mr. William C. Baisinger, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE -Upon petition duly filed by United Rubber Workers of America, Local 241 (CIO), herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of em- ployees of United States Rubber Company (Scioto Ordnance Plant), Marion, Ohio, herein called the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice be- bore William O. Murdock, Trial Examiner. Said hearing was held at Marion, Ohio, on July 2, 1943. The Company, the C. I. 0., and the Marion Central Labor Union (A. F. L.), herein called the A. F. L., appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing upon the issues. At the opening of the hearing the A. F. L. filed a written motion to intervene to which the C. I. O. objected upon the ground that the evidence of interest submitted by the A. F. L. to the Field Examiner of the Board was wrongfully ob- tained. The Trial Examiner overruled the C. I. O.'s objection and permitted the A. F. L. to intervene. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 51 N. L. R. B., No. 98. - 532 UNITED STATES RUBBER COMPANY 533 All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY United States Rubber Company, a Delaware corporation, is en- gaged at the Scioto Ordnance Plant located in Marion, Ohio, in the manufacture and loading of ammunition. The Scioto ' Ordnance Plant, which is owned by the United States Government, is operated by the Company for and on behalf of the United States Army. Ap- proximately 90 percent of the raw materials used at the Scioto Ord- nance Plant comes from points outside the State of Ohio, and over 90 percent of the plant's finished products is shipped to points outside the State of Ohio. The Company admits that it is engaged in com- merce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Rubber Workers of America, Local 241, is a labor organiza- tion affiliated with the Congress of Industrial Organizations, ad- mitting to membership employees of the Company. Marion Central Labor Union is a labor organization affiliated with the American Federation of Labor, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION , The parties stipulated that sometime in February 1943 the C., I. O. requested recognition from the Company as the exclusive bargaining representative of the plant-protection firemen employed by the Com- pany at the Scioto Ordnance Plant. The Company refuses recogni- tion unless and until the Board has certified a bargaining rep- resentative. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the C. I. O. and the A. F. L. each represents a substantial number of employees in the unit here- inafter found appropriate. 1 The report of the Field Examiner states : that the C. I. O. submitted 39 application for membership cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of June 12 , 1943 , and that the A. F. L submitted 41 authorization cards bearing apparently genuine signatures of persons whose names appear on the same pay roll , which contains the names of 91 persons within the alleged appropriate unit. 534 DECISIONS OF NATIONAL LABOR RELATION'S BOARD 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 We find, in accordance with the stipulation of the parties, that all plant-protection firemen employed by the Company at its Scioto Ordnance Plant, excluding full-time lieutenants, captains, and the chief, and any other 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. 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 within the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. The A. F. L., requested that its name appear on the ballot as Federal Labor Union, A. F. of L. Since the record indicates that application on behalf of employees of the Company has been made to the American Federation of Labor for a charter under that name, we hereby grant the`A. F. L.'s request. Â° 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 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with United States Rubber Company (Scioto Ordnance Plant), Marion, Ohio, an elec- tion by secret ballot shall be conducted as early as possible, bat 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 Rela- tions Board, and subject to Article III, Section 10, 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 employ- UNITED STATES '.RUBBER COMPANY 535 ees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in per- son at the polls, but excluding any who have since quit or been dis- charged for cause, to determine whether they desire to be represented by United Rubber Workers of America, Local 241 (C. I. 0.), or by Federal Labor Union, A. F. of L., for the purposes of collective bargaining, or by neither.