United States Rubber Co.

National Labor Relations Board - Board Decisions

Feb 20, 1948

76 N.L.R.B. 309 (N.L.R.B. 1948)

In the Matter of UNITED STATES RUBBER COMPANY, EMPLOYER and
IJNI'rED RUBBER, CORK, LINOLEUM AND PLASTIC WORKERS OF
AMERICA, CIO, PETITIONER
Case No. 7-R-2698.-Decided February 20, 1948
Mr. Peter J. dlonaghan, of Detroit, Mich., for the Employer.
Hr. Robert E. Shuff, of Akron, Ohio, for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Detroit,
Michigan, on August 8 and 18, 1947, before Harry N. Cassehnan,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the National Labor Relations Board has delegated its
powers in connection with this case to a three-man panel consisting of
the undersigned Board Members.*
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS Or FACT
1. TIIE BUSINESS OF THE EMPLOYER
United States Rubber Company, a New Jersey corporation, au-
thorized to do business in Michigan, is engaged in the manufacture,
sale, and distribution of tires and automotive equipment at Detroit,
Michigan, where it operates two plants known as the Detroit Plant and
the Milwaukee or Hupp Plant. These plants, the only ones involved
in this proceeding, are operated by the Employer as a single plant for
the purpose of its operations. During 1946 the Employer purchased
raw materials valued in excess of $36,000,000, of which 90 percent was
shipped to the plants at Detroit from outside the State of Michigan.
*Chairman Hei zog and Membei s Re%Holds and Murdock
76NLIt B,No 43
309
310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Its sales for the same period were in excess of $69,000,000, of which 75
percent was shipped to points outside the State of Michigan.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
office employees of the Employer in its Detroit plants, known as the
Detroit and Hupp Plants, excluding' factory supervisors; product
control technical supervisors; technical personnel; tire engineering
and service branch representatives; outside salesmen; confidential
secretaries, telegraph and teletype operators, and clerks; 2 time-study
engineers; industrial relations personnel; 3 senior accountants and
auditors; buyers; salary pay-roll personnel; customer order men;
office methods engineers; confidential credit and accounts receivable
personnel ; confidential cashiers ; Montgomery Ward charge em-
1 Board ' s Exhibit 7, a document prepared by the Employer which was received in evidence
and refeired to by the parties in their stipulation as to the appropriate unit, contains job
descriptions of the excluded categories ( with the exception of bus mileage motor coach clerks
and first-aid attendants) It appears from this exhibit that some of the classificaotaons
aaluch the parties agreed to exclude fiom the unit are not confident in! employees as custom-
arily defined by the Board Nevertheless, we see no reason to depart fiom the agreement
of the parties as to the unit placement of such employees
2In accordance with the parties' intention as expressed in their testimony and state-
ments at the hearing, this excluded group comprises only the emplovees designated on
Board's Exhibit 7, supra, as "confidential secretaries," "confidential telegraph and teletype
operators," and "confidential clerks," respectively, who "handle labor relations or person-
nel matters" and who "have access to confidential records "
J In accordance with the parties ' intention as expressed in their testimony and statements
at the hearing, this excluded group comprises only those employees in the industrial rela-
laons department who "are investigating or typing on labor relations matters" or have
".access to labor relations reeoi ds and including employment reeoids "
UNITED STATES RUBBER COMPANY 311
ployees; production and load sheet checkers ; bus mileage motor coach
clerks ; first-aid attendants ; and all supervisors and professional
employees as defined in the Act constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with United States Rubber Com-
pany, Detroit, Michigan , 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 supervision of the
Regional Director for the Seventh Region, and subject to Sections
203.61 and 203.62, of National Labor Relations Board Rules and
Regulations-Series 5, among the employees in the unit found appro-
priate 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, but excluding those
employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, and
also excluding employees on strike who are not entitled to reinstate-
inent, to determine whether or not they desire to be represented by
United Rubber, Cork , Linoleum and Plastic Workers of America,
CIO, for the purposes of collective bargaining.