Universal Glass Products Co.

National Labor Relations Board - Board Decisions

May 13, 1942

40 N.L.R.B. 1358 (N.L.R.B. 1942)

In the Matter of UNIVERSAL GLASS PRODUCTS COMPANY and GLASS
BOTTLE BLOWERS ASSOCIATION OF UNITED STATES AND CANADA, LOCAL
No. 46, (A. F. OF L.)
Case No. R-3677.-Decided May 13, 1942
Jurisdiction : bottle manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; neither of contracts with rival organiza-
tions which -became effective on the same date and purported to cover the
same employees involved in the present dispute constitutes a bar ;employees
laid off, but expected to be reemployed when business warrants, considered as
temporarily laid-off employees and hence eligible to vote; election necessary.
Unit Appropriate for Collective Bargaining : upkeep men and helpers in the
hot-end department permitted to determine whether they shall constitute part
of a departmental unit or part of a production and maintenance unit.
Mr. C. J. O'Connor, of Parkersburg, W. Va., for the Company.
Mr. Lewis R. Linet and Mr. Lee W. Minton, of Philadelphia, Pa.,
and Mr. R. E. Stealey, of Parkersburg, W. Va., for the Bottle
Blowers.
Holmes c Lewis, by Mr. W. T. Lewis, of Columbus, Ohio, for
the Federation.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE' CASE
Upon petition duly filed by Glass Bottle Blowers Association of
United States and Canada, Local No. 46 (A. F. of L.), herein called
the Bottle Blowers, alleging that a-question affecting commerce had
arisen concerning the representation of employees of Universal Glass
Products Company, Parkersburg, West Virginia, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Alba B. Martin, Trial Ex-
aminer. Said hearing was held at Parkersburg, West Virginia, on
March 20 and 21, 1942. The Company, the Bottle Blowers, and Fed-
40 N. L. R. B., No. 242.
1358
UNIVERSAL GLASS PRODUCTS COMPANY 1359
eration of Glass, Ceramic and Silica Sand Workers of America,
C. I. 0., herein called the Federation, appeared and participated.
All parties were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues. At the close of the hearing counsel for the Federation moved
to dismiss the petition on several grounds. The Trial Examiner re-
served his ruling. The motion is hereby denied. The Trial Exam-
iner's rulings, made at the hearing, are free from prejudicial errors and
are hereby affirmed.
On April 2 and 4, 1942, respectively, the Federation and the Bottle
Blowers filed briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I I. THE BUSINESS OF THE COMPANY
Universal Glass Products Company is a West Virginia corpora-
tion with its principal office and place of business at Parkersburg,
West Virginia, where it is engaged in the manufacture, sale, and
distribution of milk bottles and containers. During 1941 the Com-
pany used raw materials valued at about $450,000, approximately 75
percent of which was shipped to it from outside West Virginia.
Duing the same period the Company sold finished products valued
at $950,000, approximately 85 percent of which was shipped outside
West Virginia.
IT. THE ORGANIZATIONS INVOLVED
Glass Bottle Blowers Association of United States and Canada,
Local No. 46, is "'labor organization affiliated with' the American
Federation of Labor, admitting to membership employees of the
Company.
Federation of Glass, Ceramic and Silica Sand Workers of America
is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During August 1941, the Bottle Blowers requested the Company
to bargain with' it on behalf of its upkeep men and helpers. The
Company denied this request.
On September 1, 1939, and on September 1, 1940, the Company
and the Federation entered into one year members-only contracts.
On September 1, 1941, the Company and the Federation, entered into
1360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a closed-shop contract covering'all production and maintenance em-
ployees of the Company, specifically including the employees herein
claimed by the Bottle Blowers. Since 1933 the Bottle Blowers has
had closed-shop contracts with an Employers Association of which
the Company is a member. These contracts cover the hot-end de-
partment in which the employees claimed by the Bottle Blowers work,
and specifically cover the latter. The last contract between the
Bottle Blowers and the Employers Association became effective on
September 1, 1941, to be in force until December 31, 1942. The Com-
pany refuses to bargain with either of the labor organizations on
behalf of the employees involved herein until the Board determines
-their bargaining agent.
Inasmuch as the last contracts of the Bottle Blowers and the Fed-
eration became effective on the same date and both purport to cover
the employees in dispute, we find that neither contract constitutes a
bar to a present determination of representatives.
A statement of the Trial Examiner, read into the record during
the hearing, shows that the Bottle Blowers and the Federation each
represents a substantial number of upkeep men and learners em-
ployed by the Company."
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) 1 and Section 2 (6) and, (7) of the National
Labor Relations Act.
IV. THE APPROPRIATE UNIT
The Bottle Blowers urges that all employees in the hot-end depart-
ment of the Company constitute an appropriate unit. This depart-
ment is composed of machine operators, upkeep men, and learners.
The machine operators are admittedly members of the Bottle Blowers
and covered by its contract with the Company. The Federation con-
tends that all employees of the Company, excluding machine opera-
tors and employees covered by a contract with another union affiliated
with the American Federation of Labor, constitute an appropriate
unit. The Federation admittedly represents a majority of the em'-
ployees of the Company with the exception of those in dispute herein
and those not claimed by it.
The employees involved herein are upkeep men and learners. The
Bottle Blowers contracts over a period of years with the Employers
Association alluded to above, specifically provided for upkeep men
'The Trial Examiner's statement shows that during the past year all the upkeep
men and learners employed by the Company have signed membership application cards
in both the Bottle Blowers and the Federation.
UNIVERSAL GLASS PRODUCTS COMPANY 1361
and learners . However, in practice 'the Bottle Blowers has not rep-
resented the upkeep men and learners pursuant to its contract with
the Employers Association and did not assert that they were covered
by this contract until after some of them had joined the Federation.
The Federation 's contract of September 1, 1941 , also specifically pro-
vides for such employees . The upkeep men see that the machines
upon which the machine operators work are - kept in proper condi-
tion. The learners assist both - the machine operators and the upkeep
men and in addition , spend several hours per day in another depart-
ment of the Company. Thus, it appears that the upkeep men or
learners could properly function as part of the unit covered by the
Bottle Blowers contract or as part of the unit covered by the Federa-
tion's contract . Under these circumstances we conclude that the con-
troversy can best be resolved by the desires of the employees them-
selves. An election will be held among the upkeep men and
helpers to determine whether they wish to be represented by the
Bottle Blowers, by the Federation, or by neither. On the results of
this election will depend the appropriate unit. If these employees
select the Bottle Blowers as their bargaining representative they will
constitute apart of the unit covered by its contract . If they choose
the Federation , they will then constitute a part of the unit covered
by the Federation's contract with the Company . We shall, therefore,
make no final determination of the appropriate unit pending the
'election to be conducted among the upkeep men and the helpers.
V. THE DETERMINATION OF REPRESENTATIVES
We have heretofore decided that an election will be held to deter-
mine the collective bargaining representative for the upkeep men and
helpers. The Bottle Blowers urges that the Company 's pay roll of
February 28, 1942, be used to determine eligibility to vote. It appears
that on March 12, 1942, the Company laid off several upkeep men and
helpers. The Federation urges that the pay roll for the period imme-
diately preceding the date of the Direction of Election be used to
determine eligibility to vote. , The Company took no position with
respect to the eligibility date. A representative of the Company
stated that the Company expected to reemploy the laid-off men at
such time as business warrants it. Under these circumstances, the
laid -off employees will be entitled to participate in the election under
our Direction of Election which provides that employees temporarily
laid off shall be included in the balloting. We shall direct that the
employees of the Company eligible to vote in the election shall be
those 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.
455771-42-vol. 40-86
1362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Re-
lations 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 ordered by the Board to-
ascertain representatives for the purposes of collective bargaining
with Universal Glass Products Company, Parkersburg , West Virginia,
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 Ninth
Region, acting in this matter as agent for the National Labor Re-
lations Board and subject to Article III, Section 9, of said Rules and
Regulations, among all upkeep men and learners of the Company 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 tempo-
rarily laid off, but excluding employees who have since quit or been
discharged for cause , to determine whether they desire to be repre-
sented by Glass Bottle Blowers Association of United States and
Canada , Local No. 46 , affiliated with the American Federation of
Labor , or by Federation of Glass, Ceramic and Silica Sand Workers
of America , affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining , or by neither.