Goodyear Fabric Corp.

National Labor Relations Board - Board DecisionsAug 23, 1945

63 N.L.R.B. 495 (N.L.R.B. 1945)

In the Matter of GOODYEAR FABRIC CORPORATION and UNITED RUBBER WORKERS OF AMERICA, CIO Case No. 1-R-2472.Decided August 23, 1945 Mr. David J. Miller, of Woonsocket, R. I., for the Company. Rothbard, Harris & Talisman, by Mr. Clarence Talisman, of Newark, N. J., for the Union. Mr. Harold M. Humphreys, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Rubber Workers of Amer- ica; CIO, herein called the Union, alleging that a question affect- ing commerce had arisen concerning the representation of employ- ees of Goodyear Fabric Corporation, Woonsocket, Rhode Island, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Robert E. Greene, Trial Examiner. Said hearing was held at Woonsocket, Rhode Island, on June 8, 1945. The Company and the Union ap- peared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to intro- duce 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 an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY - Goodyear Fabric Corporation, a wholly owned subsidiary of Good- year Tire & Rubber Company of Akron, Ohio, is engaged in the manufacture of rubberized fabrics for the United States Govern- ment at its plant in Woonsocket, Rhode Island. The Company uses 63 N. L. R. B., No. 76. 495 496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD annually at this plant raw materials amounting in value to more than $500,000, of which approximately 90 percent is shipped to the Company from points outside the State of Rhode Island. The products manufactured at this plant are valued at more than $500,000 annually, of which the greater part is shipped to points outside the State of Rhode Island. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Rubber Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting,to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union has requested recognition as the exclusive bargaining rep- resentative of the Company's guards. The Company refused such recognition on the ground that the Union was precluded from repre- senting guards, since guards were specifically excluded from the exist- ing contract between the parties covering production and maintenane-, employees? The Company in effect alleged at the hearing that in view of the specific exclusion of guards from the contract unit, no question concerning representation exists. We have heretofore held, as we do now, that the mere exclusion of employees from the coverage of a con- tract does not constitute a waiver of the contracting union's right to represent said employees.2 Accordingly, we find that no bar exists to a present determination of representatives. 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 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 The Union petitioned for a unit of all plant guards, excluding the- captain. The Company employs six guards, who, under the supervision, ' The Union was certified as the exclusive bargaining representative of the production and maintenance employees , as the result of a consent election held under the auspices of the Board in the latter part of 1944 2 See Matter of American Cpstoscope Makers, Inc , 61 N L R. B 1226. 3 The Field Examiner reported that the Union submitted six membership application cards , that the names of five persons appearing on the cards w ere listed on the Company's- pay roll of May 22, 1945, which continued the names of six employees in the alleged appropriate unit ; and that one of the cards was dated February 1945, and five were datedl in March 1945. GOODYEAR FABRIC CORPORATION 497 of the captain, are charged with the protection of property, mainte- nance of order, and seeing that persons entering or leaving the plant are properly identified. They are uniformed, but are neither armed, militarized, nor deputized. Guards receive an hourly rate of pay, and perform normal duties of plant-protection employees. While the guards enforce the Company's rules and regulations, the record is clear that they do not possess the authority to hire, discharge, or effect the status of employees, or recommend such action. The Company contends that its guards are allied with management, and should therefore be excluded from the bargaining unit. For rea- sons which we have set forth in prior decisions, involving guards with similar duties, we find no merit in the Company's contention 4 Accordingly, we find that all guards employed by the Company, ex- cluding the captain, and all other supervisory employees with author- ity to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, consti- tute 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 em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion 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 Relations 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 Goodyear Fabric Corporation , Woonsocket , Rhode Island, 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 super- vision of the Regional Director for the First Region , acting in this ratter as agent for the National Labor Relations Board, and subject ' See Matter of Pittsbuiyb Equitable Meter Company, 61 N L R B S80 5 At the hearing the Union indicated that in the event it is certified as the bargaining represssntatwe of the Company's guards. it might, at a future date, desire to include these employiaes in the production and maintenance unit which it now represents Since the issue is not now before us and since the Union ' s plans are at best speculative , we find it unnecessary to pass upon this question 498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to Article III, Sections 10 and 11, of said Rules and Regulations, among the 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 the 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 any 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 or not they desire to be represented by United Rubber Workers of America, CIO, for the purposes of collec- tive bargaining. 1