United States Rubber Co.

National Labor Relations Board - Board Decisions

Sep 14, 1943

52 N.L.R.B. 587 (N.L.R.B. 1943)

In the Matter Of UNITED STATES RUBBER COMPANY and SYNTIIEETIo
RUBBER WORKERS LocAL 23438, A. F. OF L.
In the Matter of UNITED STATES RUBBER COMPANY and UNITED RUBBER
WORKERS OF AMERICA, C. I. O.
Cases Nos. R-5864 and R-4865, respectively.-Decided September 14,
1943
Mr. G. A. Graham,, of Institute, W. Va., Mr. Charles H. Parcells, of
New York City, and Mr. N. Gibson Madge, of Charleston, W. Va., for
the Company.
Mr. Martin C. Bowles, of Charleston, W. Va., for Local 23438.
Mr. H. R. Lloyd, of Akron, Ohio, and Mr. Carl F. Swartz, of
Charleston, W. Va., for the United.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by Synthetic Rubber Workers
Local 23438, A. F. of L., herein called Local 23438, and United Rubber
Workers of America, C. I. 0., herein called the United, alleging that
questions affecting commerce had arisen concerning the representa-
tion of employees of United States Rubber Company, Institute, West
Virginia, herein called the Company, the National Labor Relations
Board consolidated the cases and provided for an appropriate hearing
upon due notice before Thomas E. Shroyer, Trial Examiner. Said
hearing was held at Charleston, West Virginia, on August 11, 1943,
The Company, Local 23438, and the United appeared, participated,
and were afforded 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. All parties were afforded
opportunity to file briefs with the Board.
52 N. L. R. B., No. 99.
587
588 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
United States Rubber Company is a New Jersey corporation oper-
ating a plant at Institute, West Virginia, with which we are here
concerned, where it is engaged in the manufacture of synthetic rub-
ber. The Institute plant has an annual production schedule calling
for 90,000 long tons of synthetic rubber, valued at $30,000,000. Most
of the synthetic rubber is shipped to points outside the State of West
Virginia.
II. THE ORGANIZATIONS INVOLVED
Synthetic Rubber Workers Local 23438 is a labor organization af-
filiated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
United Rubber Workers of America is a labor organization affil-
iated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize Local 23438 or the United as the
exclusive collective bargaining representative of any of its employees
until they are certified by the Board.
Statements of a Field Examiner of the Board and the Trial Exam-
iner, introduced into evidence at the hearing, indicate that Local
23438 and the United each represents a substantial number of em-
ployees in the production and maintenance unit hereinafter found
to be appropriate, and that the United represents a substantial num-
ber of employees in the guard unit.'
We find that questions affecting commerce have 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.
1 The Field Examiner reported that Local 23438 presented 204 membership application
cards bearing apparently genuine signatures of persons whose names appear on a current
pay'roll of the Company for the production and maintenance employees The Trial Exam-
ler reported that the United presented 121 authorization cards bearing apparently genuine
signatures of persons on a current pay roll of the Company for the production and main-
tenance employees . There are approximately 383 employees in the production and mainte-
nance unit The Field Examiner also reported that the United presented 36 membership
application cards bearing apparently genuine signatures of persons whose names appear
on a current pay roll of the Company for its guards . Local 23438 does not claim to repre-
sent any of the guards . There are approximately 70 employees in the guard unit.
UNITED STATES RUBBER COMPANY 589
IV. THE APPROPRIATE UNITS
Local 23'438 and the United contend that all employees at the In-
stitute plant of the Company, including unskilled non-confidential
laboratory employees, but excluding supervisory, office; and plant-
protection employees, constitute an appropriate unit. The United,
in addition, urges that all plant-protection employees, excluding the
captain, lieutenants, and sergeants, constitute an appropriate bargain-
ing unit. The Company took no position with respect to the scope of
the units. Evidence introduced at the hearing discloses that the em-
ployees claimed by Local 23438 and the United constitute' well-defined-
homogeneous groups.' Accordingly, we find that a unit of plant-pro-
tection employees and a unit of the remaining employees are appro-
priate.
The only controversy with respect to the production and mainte-
nance unit concerns unskilled non-confidential laboratory employees.
Local 23438 and the United would include such employees in the unit,
while the Company would exclude them. Such persons are non-tech-
nical employees and are classified as analysts or sample boys. The
record indicates that their duties are closely allied with those of the
production and maintenance employees. Accordingly we shall include
them in the unit. -
We find that all employees at the Institute plant of the Company,
including unskilled non-confidential laboratory employees, but ex-
cluding office and plant-protection employees, laboratory 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.
We find that all plant-protection employees at the Institute plant of
the Company, excluding the captain, lieutenants, sergeants, and any
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by means of elections by secret ballot among
the employees in the appropriate units who were employed during the
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth in
the Direction.
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations 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, Institute, West Virginia, elections 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 Ninth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among:
(1) The employees in the production and maintenance unit found
appropriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees 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 them-
selves in person at the polls, but excluding any who have since quit
or been discharged for cause, to determine whether they desire to be
represented by Synthetic Rubber Workers Local 23438, affiliated with
the American Federation of Labor, or by United Rubber Workers
of America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining, or by neither.
(2) The employees in the plant-protection 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 temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding any who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by United Rubber Workers of America, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining.
CHAIRMAN MILLis took no part in the consideration of the above
Decision and Direction of Elections.