Firestone Tire and Rubber Co. of California

National Labor Relations Board - Board Decisions

Sep 17, 1943

52 N.L.R.B. 723 (N.L.R.B. 1943)

In the Matter of FIRESTONE TIRE AND RUBBER COMPANY OF CALIFORNIA
and UNITED RUBBER WORKERS OF Al rERICA 7 LOCAL 100, C. I. O.
Case No. R--j401
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 17,1943
On June 16, 1943) the National Labor Relations Board, herein called
the Board , issued a Decision and Direction of Election in the above-
entitled proceeding.' Pursuant to the Direction of Election , an elec-
tion by secret ballot was conducted on August 10, 1943, under the
direction and supervision of the Regional Director for the Twenty-
first Region (Los Angeles , California ). On August 10, 1943, the Re-
gional Director , acting pursuant to Article III, Section 10, of National
Labor Relations Board Rules and Regulations-Series 2 , as amended,
issued and duly served upon the parties an Election Report. ,
As to the balloting and its results , the Regional Director reported
as follows :
Approximate number of eligible voters-- -------------- 36
Total ballots cast------------------------------------------- 36
Total ballots challenged ------------------------------------- 0
Total void ballots------------------------------------------- 0
Total valid ballots counted ---------------------------------- 36
Votes cast for United Rubber Workers of America , Local 100,
C. I. 0---------------------------------------------------- 28
Votes cast against above -mentioned-------------------------- 8
On June 24 , 1943, the Company requested that the aforesaid Decision
and Direction of Election be withdrawn and that oral argument be
held. The Board treated this request as a motion for reconsideration
and denied it. Subsequently , the Board in a case analogous to the in-
stant proceeding , reconsidered its policy concerning bargaining units
composed of militarized plant-protection employees . In that case the
Board directed an election among militarized guards although the
1 50 N. L R B 679.
52 N L. R. B., No. 128
549875-44-vol. 52-47 723
724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
petitioning union also represented the production and maintenance
employees, and stated : 2
The militarization of plant-protection employees, -while no ob-
stacle to unionization, is nevertheless significant. As civilian
auxiliaries of a military force the guards have greater duties and
obligations than have those plant-protection employees who are
not militarized. To the end that the guards may be better able
to function within the military sphere, and to permit the military
authorities to exercise greater control over the guards, we shall
establish a bargaining unit for all militarized plant-protection
employees separate and apart from those who are non-militarized.
We contemplate that the separation of the bargaining units in
their negotiations with the Company and their day to day activi-
ties will be one of fact, not merely form.
No objections to the Election Report having been filed, we shall,
accordingly, issue our certification forthwith.
CERTIFICATION OF REPRESENTATIVES
N
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, Sections 9 and 10, of National Labor Re-
lations Board Rules and Regulations-Series 2 as amended.
IT IS HEREBY CERTIFIED that the United Rubber Workers of America,
Local 100, C. I. 0., has been designated and selected by a majority of
all plant-protection employees of Firestone Tire and Rubber Company
of California, at its Los Angeles, California, plant, including matron
guards but excluding the chief of guards, sergeants and all super-
visory guards, as their representative for the purpose of collective
bargaining, and that, pursuant to Section 9 (a) of the Act, the said
organization is the exclusive representative of all such employees for
the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.
2 Dravo Corporation, 52 N. L. R. B. 822.