Cardinal Rubber Co.Download PDFNational Labor Relations Board - Board DecisionsMar 8, 194666 N.L.R.B. 465 (N.L.R.B. 1946) Copy Citation In the Matter of C. F. SCHNEE, J. F. PATRIS, C. A. BURNS, M. LEVIN, AND R. F. SCHNEE, PARTNERS, d/b/a CARDINAL RUBBER COMPANY and UNITED RUBBER WORKERS OF AMERICA, CIO, INTERNATIONAL UNION In the Matter of C. F. SCHNEE, J. F. PATRIS, C. A. BURNS, M. LEVIN, AND R. F. SCHNEE, PARTNERS d/b/a CARDINAL RUBBER COMPANY and DISTRICT 50, UNITED MINE WORKERS OF AMERICA Cases Nos. 8-R-1991 and 8-R-1992, respectively.Decided March 8, 1946 Mr. Robert F. Schnee, of North Barberton, Ohio, for the Company. Messrs. Robert E. Shuff and Claude Wisdom, of Akron, Ohio, for the CIO. Mr. Stanley Denlinger, of Akron, Ohio, and Mr. Everett Williams, of BaAbrton , Ohio, for District 50. Mr. Arnold Ordman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petitions duly filed by United Rubber Workers of America, CIO, International Union, herein called the CIO, and by District 50, United Mine Workers of America, herein called District 50, alleging that questions affecting commerce had arisen concerning the representation of employees of C. F. Schnee, J. F. Patris, E. Gulbis, C. A. Burns, M. Levin, and R. F. Schnee, partners d/b/a Cardinal Rubber Company, North Barberton, Ohio, herein called the Company,' the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice before George F. Hayes, Trial Examiner. The hearing was held at Akron, Ohio, on October 18, 1945. The Company, District 50, and 1 The petition and other formal papers were amended at the hearing to show the correct name of the Company. 66 N. L. R. B.. No. 56. 46S 686572--4G-31 4-66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the CIO appeared and participated.2 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. TIIE BUSINESS OF TIIE COMPANY C. F. Schnee, J. F. Patris, E. Gulbis, C. A. Burns, Al. Levin, and R. F. Schnee, partners, d/b/a Cardinal Rubber Company, have their plant located at North Barberton, Ohio. The Company started operations in January 1945, and during the first 6 months of 1945, purchased raw materials such as synthetic rubber, scrap, and chemi- cals. During the same period, the finished products of the Company amounted in value to approximately $55,000, of which out 80 percent was shipped to points outside the State of Ohio. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Rubber Workers of America, International Union, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. District 50, United Mine Workers of America, is a labor organiza- tion, admitting to membership employees of the Company. 2 At the outset of the hearing, District 50 asserted that it would take part in the proceeding, but that it would not waive any right to protest any election premised upon the subject matter of an unfair labor practice charge it had filed against the Company in Case No. 8-C -1852. When told that this case had been adjusted , District 50 withdrew from the hearing , claiming that it had not agreed to any settlement . It appears that a Board agent entered into an agreement of settlement with the Company, and that the Regional Director refused to issue a complaint . Although District 50 appealed from the Regional Director 's action, it was advised by letter dated January 3, 1946, that the Board had sustained the decision of the Regional Director. Furthermore, the Board has been informed that the Company has complied with the requirements of the settlement agreement. Consequently there is no reason to delay a determination of representatives. After District 50 withdrew from the hearing , the CIO moved to dismiss District 50's petition or construe its action as a withdrawal from the case Inasmuch as this would have the effect of denying District 50 a place on the ballot in the election we hereinafter direct, we hereby deny the motion , for District 50 has shown that it has representation among the Company's employees (see footnote 3, infra ). Moreover, District 50 has since filed a motion with the Board that it be included on the ballot. CARDINAL RUBBER COMPANY III. THE QUESTION CONCERNING REPRESENTATION 467 The Company and the CIO stipulated that in the latter part of August 1945, requests for recognition were made upon the Company by the CIO and District 50, and that early in September, the Com- pany replied, stating that it preferred the Board to determine the proper representatives of its employees. A statement of a Board agent, introduced into evidence at the hearing, indicates that the CIO and District 50 each represents a substantial number of employees in the unit hereinafter found appropriate .3 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 Substantially in accordance with an agreement of the Company and the CIO made at the hearing, we find that all production, mainte- nance, and service employees 4 of the Company, excluding all super- visory employees with authority to hire, promote, discharge, disci- pline, 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 employees in 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. 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- 3 The Field Examiner reported that District 50 submitted 14 cards, bearing the names of employees listed on the Company 's pay roll for the period ending September 11, 1945, and that the CIO submitted 16 cards bearing the names of employees listed on the same pay roll. There are approximately 25 employees in the appropriate unit. 'The record discloses that service employees include janitors , elevator men and truck- ers, and men who furnish stock to other employees in the plant. 5 District 50 withdrew from the hearing before the unit issue arose. But its petition sets forth substantially the same unit as that agreed upon between the Company and the CIO 468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD lations Act, and pursuant to Article III, Section 9, of National Labor Relations 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 C. F. Schnee, J. F. Patris, E. Gulbis, C. A. Burns, M. Levin, and R. F. Schnee, partners d/b/a Cardinal Rubber Company, North Barberton, Ohio, 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 Eighth 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 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 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 em- ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by United Rubber Workers of America, CIO, International Union, or by District 50, United Mine Workers of America, for the purposes of collective bargaining, or by neither. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. Copy with citationCopy as parenthetical citation