Weston Glass Co., Inc.

National Labor Relations Board - Board Decisions

May 15, 1946

67 N.L.R.B. 1433 (N.L.R.B. 1946)

In the Matter of WESTON GLASS COMPANY, INC. and AMERICAN FLINT
GLASS WORKERS' UNION OF NORTH AMERICA, AFL
In the Matter of WESTON GLASS COMPANY, INC. and AMERICAN FLINT
GLASS WORKERS' UNION OF NORTH AMERICA, AFL
In the Matter of LunwIK GLASS COMPANY, INC. and AMERICAN FLINT
GLASS WORKERS' UNION OF NORTH AMERICA, AFL
Cases Nos. 6-R-1303,6-R-1304, and 6-R-1305, respectively. Decided
May 15,1946
Mr. Herbert M. Blair, of Weston, W. Va., for Weston and Ludwik.
Mr. John R. Morris, of Clarksburg, W. Va., and Mr. C. R. Leidy,
of Weston, W. Va., for the Union.
Mr. Jerome J. Dick, of counsel to the Board.
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by American Flint Glass Workers' Union
of North America, AFL, herein called the Union, alleging that ques-
tions affecting commerce had arisen concerning the representation of
employees of Weston Glass Company, Inc., Weston, West Virginia,
herein called Weston, and Ludwik Glass Company, Inc., Glenville,
West Virginia, herein called Ludwik, the National Labor Relations
Board provided for an appropriate consolidated hearing upon due
notice before W. G. Stuart Sherman, Trial Examiner. The hearing
was held at Weston, West Virginia, on March 13, 1946. Weston,
Ludwik, and the Union 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. 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.
67 N. L. R. B., No. 195.
1433
1434 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 WESTON AND LUDWIK
Weston Glass Company, Inc., is a West Virginia corporation en-
gaged at Weston, West Virginia , in the manufacture , sale, and dis-
tribution of miscellaneous glass products , such as tumblers, stem-
ware, pitchers , and novelty items. During the period from December
1, 1944, to December 1, 1945, Weston purchased raw materials ex-
ceeding $77 ,000 in value , all of which was shipped from points out-
side the State of West Virginia . During the same period , Weston
manufactured at its plant finished glassware exceeding $500,000 in
value, approximately 90 percent of which was shipped to points out-
side the State of West Virginia.
Ludwik Glass Company, Inc., is a West Virginia corporation en-
gaged at Glenville , West Virginia , in the manufacture of miscel-
laneous glass products , such as tumblers , stemware , pitchers, and
novelty items . During the period from December 1 , 1944, to Decem-
ber 1, 1945 , Ludwik purchased raw materials exceeding $15,000 in
value, virtually all of which was shipped from points outside the
State of West Virginia . During the same period Ludwik manufac-
tured finished glassware exceeding $490,000 in value, of which ap-
proximately 99 percent was shipped to points outside the State of
West Virginia.
Both Weston and Ludwik admit that they are engaged in com-
merce within the meaning of the National Labor Relations Act.
II. TIIE ORGANIZATION INVOLVED
American Flint Glass Workers ' Union of North America is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of Weston and Ludwik.
III. THE QUESTIONS CONCERNING REPRESENTATION
Weston and Ludwili have refused to grant recognition to the Union
as the exclusive bargaining representative of certain of their em-
ployees until the Union has been certified by the Board in appropriate
units.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit of Weston 's skilled glassworkers hereinafter found
WESTON GLASS COMPANY, INC. 1435
appropriate (Case No. 6-R-1303), and in the unit of Ludwik's skilled
glassworkers hereinafter found appropriate (Case No. 6-R-1305):
We find in Cases Nos. 6-R-1303 and 6-R-1305 that questions affect-
ing commerce have arisen concerning representation of employees of
Weston and Ludwik, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the Act.
However, with respect to the unit of Weston's miscellaneous workers
alleged by the Union to be appropriate in Case No. 6-R-1304, the
Board agent's statement shows that the Union has but a showing of
approximately 23 percent among such employees.2 Consequently,
we believe that in regard to Case No. 6-R-1304, an election is not war-
ranted and we shall dismiss the Union's petition.3
IV. THE APPROPRIATE UNITS
In Case No. 6-R-1303 the Union seeks a unit composed of Weston's
skilled glassworkers, including gatherers, blowers, finishers, han-
dlers, foot setters, blockers, and pressers, but excluding all miscel-
laneous employees, the watchman, assistant shipping clerk§, head
shipping clerk, clericals, and all supervisory employees. Weston
contends that only a plant-wide unit is appropriate, including its mis-
cellaneous workers. However, if the Board should establish the unit
urged by the Union, Weston maintains that the watchman, assistant
shipping clerks, and head shipping clerk should be included therein.
In Case No. 6-R-1305, the Union seeks a unit of Ludwik's skilled glass-
workers similar to that sought in Case No. 6-R-1303 and would ex-
clude the watchman. Like Weston, Ludwik contends that only a
plant-wide unit is appropriate; however, if the Board should estab-
lish the unit urged by the Union, Ludwik asserts that its watchman
should be included.
Both Weston and Ludwik are engaged in the same segment of the
glass industry, and they are organized on a substantially similar basis
from an operational and administrative point of view. The skilled
glassworkers of Ludwik and Weston are employed in the blowing
I The Field Examiner reported that in Case No. 6-R-1303 the Union submitted 36 cards,
of which 21 cards are undated , the remainder being dated from August 1945 to October
19,15; that 28 cards bore the names of employees listed on Weston 's pay roll of January 1,
1946 There are approximately 53 employees in the appropriate unit of Weston's skilled
glassworkers
He further reported that in Case No. 6-R-1305 the Union submitted 34 cards of which
29 cards are undated , the remainder being dated from 1943 to 1945; that 31 cards bore
the names of employees listed on Ludwik's pay roll of January 7, 1946 There are approxi-
mately 41 employees in the appropriate unit of Ludwik's skilled glassworkers.
2 The Field Examiner reported that in Case No. 6-R-1304 the Union submitted 71 cards
of which 22 cards are undated, the remainder being dated from August 1945 to October
1945; that 42 cards bore the names of employees listed on Weston's pay roll of January 1,
1946 There are approximately 182 employees in the alleged appropriate unit of Weston's
miscellaneous unskilled workers.
3 See Matter of Scullin Steel Company, 55 N. L. R. B. 1461.
1436 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
-department. They work as part of crews of six or seven, including
three or four unskilled employees of the blowing department. Skilled
glassworkers are responsible for the delicate task of blowing and shap-
ing glassware. On the other hand, the unskilled workers in the blow-
ing department merely carry the glass from one operation to another
in the blowing, shaping and finishing process, and generally assist the
skilled workers in various other ways. Employees in other depart-
ments are engaged in work unrelated to the shaping of glass. More-
over, the skilled glassworkers are paid on a piece-rate basis and earn
an average of $150 a week,' while the unskilled employees of the blow-
ing department and the workers of all other departments receive sub-
stantially less.
There has been no bargaining history among the employees of
Weston and Ludwik.5 Nevertheless there has been a history of col-
lective bargaining in the industry in which Weston and Ludwik are
engaged, predicated upon separate units of skilled and miscellaneous
employees. Thus, a great majority of the manufacturers (excluding
both Weston and Ludwik) in this particular phase of the industry
are members of the National Association of Manufacturers of Pressed
and Blown Glassware, which has annual bargaining conferences with
the Union. At such conferences there are separate divisional meet-
ings for the skilled employees and the miscellaneous employees, re-
spectively. Since at least 1937, these conferences and divisional meet-
ings have taken place. Most significantly, separate contracts have
been negotiated for each group.
Considering the history of bargaining in the industry and the dif-
ference in training, aptitudes, and wages of the skilled and miscella-
neous workers, we are persuaded that two separate units, confined to
the skilled glassworkers of Weston and Ludwik, are appropriate."
It is clear that the watchman, assistant shipping clerks, and head
shipping clerk should be excluded from the unit of Weston's skilled
glassworkers because of dissimilarity of interests, and the watchman
should be excluded from the unit of Ludwlk's skilled glassworkers
for the same reasons.
We find that the following groups of employees constitute two sep-
arate units appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act:
(1) All skilled glassworkers employed by Weston, including
gatherers, blowers, finishers, handlers, foot setters, blockers, and
° The gatherers received 80 percent of the piece-rate received by the blowers and finishers.
' On November 23, 1943. the Union petitioned for a produdtion and maintenance unit at
the Ludwik plant and lost a consent election premised on this unit Although Ludwik
contends that the prior election precludes the holding of another election at this time, we
find no merit in this contention , as that election was held more than 2 years ago.
6 Cf Matter of Cameron Glass and Manufacturing Company, 25 N L R B. 580
WESTON GLASS COMPANY, INC. 1437
pressers, but excluding all miscellaneous employees, the watchman,
assistant shipping clerks and head shipping clerk, the clericals and
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees,
or effectively recommend such action; and
(2) All skilled glassworkers employed by Ludwik including
gatherers, blowers, finishers, handlers, foot setters, blockers, and
pressers, but excluding all miscellaneous employees, the watchman,
clericals, and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by two separate elections by secret ballot among
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.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National La-
bor Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Weston Glass
Company, Inc., Weston, West Virginia, and Ludwik Glass Company,
Inc., Glenville, West Virginia, two separate 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 Sixth Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among employees in the units found appropriate in Section IV, above,
who were employed during the pay-roll period immediately pre-
ceding 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 those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
1438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
election, to determine whether or not they desire to be represented
by American Flint Glass Workers' Union, AFL, for the purposes of
collective bargaining.
ORDER
IT IS HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees of Weston Glass Company,
Inc., Weston, West Virginia, filed in Case No. 6-R-1304 by American
Flint Glass Workers' Union of North America, AFL, be, and it hereby
is, dismissed.