Goodyear Synthetic Rubber Corp.

National Labor Relations Board - Board Decisions

May 28, 1952

99 N.L.R.B. 382 (N.L.R.B. 1952)

382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and store warehouses have separate immediate supervision, there is
one central personnel office for warehouse and store employees, and
all employees enjoy the same vacation and holiday plans, group in-
surance, and other benefits.
In Louis Pizitz Dry Goods Company,4 the Board dismissed a peti-
tion filed by another labor organization seeking substantially the same
unit of this Employer's warehousemen as is being sought by the Peti-
tioner herein. The Board there stated :
In view of the integration between the warehouse activities and
those of the store, the fact that work performed by the ware-
housemen is the same as that of some store employees and for the
reason that only one of the three warehouses is sought by the
Petitioner, although the work of all warehouse employees appears
to be substantially the same and under the same ultimate super-
vision, we believe that the proposed unit is too limited to consti-
tute a separate appropriate unit.
The present record does not indicate any change in the Employer's
operations sufficient to warrant modifying our earlier decision. Ac-
cordingly, we find that the unit requested by the Petitioner is in-
appropriate for collective bargaining purposes .5 We therefore grant
the Employer's motion to dismiss the petition.
Order
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
4 80 NLRB 1442.
See Marshall Field h Company , 90 NLRB 1, and 97 NLRB 7.
GOODYEAR SYNTHETIC RUBBER CORPORATION and INTERNATIONAL UNION
OF OPERATING ENGINEERS , LOCAL 347, PETITIONER . Case No . 39-RC-
429. May 28,1952
Supplemental Decision and Amended Direction of Elections
On May 1, 1952, the Board issued a Decision and Direction of Elec-
tion in the above-entitled case,' finding that all employees in the
Employer's Houston, Texas, synthetic rubber plant engaged in pro-
duction, maintenance, and as utility employees, including checkers,
loaders, and material handlers in the receiving and shipping depart-
ments, laboratory testers, technicians and samplers, the oiler group,
labor group, carpenters, painters, and sheet metal workers, but ex-
I Not reported in printed volumes of Board decisions.
99 NLRB No. 61.
GOOTY`E'AR'-'SYNTHETIC -RUBBER CORPORATION 3$3
eluding all -pipefitter: leadmen; 'pipefitters; pipefitter' welders, elec-
tricians, instrument repairmen, employees -engaged in maintenance as
machinists, machinists' helpers,- repair, mechanics, and .machini'sts'
welders, clerical employees, guards, and, firemen in the- plant protecr
ion department, and all supervisors as defined in the amended Act,
constituted a unit appropriate for the purposes of collective bargain=
ing within the meaning of Section 9 (b) of the Act. On.May-7, 1952,
counsel.for Carpenters Local No. 213,, AFL, Painters Local 130, AFL,
and; Sheet Metal Workers International Association, Local 54, AFL,
herein termed the Carpenters, Painters, and Sheet Metal Workers, re;
spectively, filed a,joint motion to reconsider and/or-reopen the record
to hear additional evidence. -
In their joint motion, the Carpenters, Painters, and Sheet Metal
Workers. assert that they intervened in this proceeding with the intent
of seeking separate elections among carpenters, painters , and sheet
metal workers employed by the Employer.' The record shows, how-
ever;'that while the- Carpenters, Painters, and Sheet Metal Workers
appeared at the original hearing in this proceeding as intervenors,
and opposed the-inclusion of employees in. those-groups-in the unit
requested by the Petitioner, they did not request separate, self-deter-
mination elections among these employees.' Accordingly, as the car-
penters, painters, -and sheet metal -workers -had previously been in-
cluded in a'broad unit with the other employees- requested by the
?etitioner;'had never been found to constitute separate appropriate
units , and no labor organization requested such a finding; the Board
included those employees in the Petitioner 's unit.
The Painters, Carpenters,' and Sheet Metal Workers now request
separate representation for craft groups of these employees. As
a question concerning the representation of the Employer 's employees
exists and *as- the Board can perceive - no prejudice attaching to the
rights of other parties by consideration of this- request; the Board
makes the following supplemental findings of fact :
At the hearing in this proceeding it was testified that the Employer's
carpenters , painters , and sheet metal workers work exclusively at
jobs requiring the' exercise of their re`spective' craft skills; do not
interchange with other employees; and accumulate seniority -within
their individual craft groups. On- the entire record the Board finds-
that , the Employer 's carpenters, painters, and sheet metal workers
comprise' highly skilled, identifiable, and homogeneous groups who
may appropriately form separate bargaining groups or be included
in a 'larger unit depending , ' in - part , upon the expression of their
wishes in the elections herein directed. Accordingly, we hereby amend
the Decision and- Direction of Election in- this proceeding and direct
that separate elections by secret ballot be held 'in the following voting
groups. ' a
384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Group A : All carpenters, excluding supervisors as defined in the
Act and all other employees.
Group B : All painters, excluding supervisors as defined in the
Act and all other employees.
Group C : All.sheet metal workers, excluding.supervisors as'definid
in the Act and all other employees.
Group D : All other employees engaged in production, mainte-
nance, and as utility employees, including checkers, loaders, and ma-
terial handlers in the receiving and shipping departments, laboratory
testers, technicians and samplers, the oiler group, and the labor group,
but excluding carpenters, painters, sheet metal workers, pipefitter
leadmen, pipefitters, pipefitter welders, electricians, ' instrument re-
pairmen, employees engaged in maintenance as machinists, machin-
ists' helpers, repair mechanics, and machinists' welders, clerical em-
ployees, guards, and firemen in the plant protection department, and
all supervisors as defined in the amended Act.
If a majority of the employees in groups A, B, C, or D vote for
the labor organization seeking to represent that group . separately,
they will be taken to have indicated their desire to constitute a sepa-
rate appropriate unit, and the Regional Director conducting the elec-
tions herein is instructed to issue a certification of representatives to
such labor organization or organizations for such unit or units which
the Board, under such circumstances, finds to be appropriate for pur-
poses of collective bargaining. In the event a majority in any of
the voting groups vote for the International Union of Operating En-
gineers, Local 347, they will be taken to have indicated their desire
to be represented by such Union and the Regional Director is in-
structed to issue a certification of representatives to the International
Union of Operating Engineers, Local. 347, including therein the* em-
ployees in any one or more of groups A, B, C, and D, in which ..a
majority has voted for such Union, which unit the Board,.und'er'such
circumstances, finds to be appropriate for purposes of collective
bargaining.
The Board further amends the Direction of Election to provide
that Carpenters Local No. 213, AFL, and International Union of Op-
erating Engineers, Local 347, appear on the ballot in voting group A;
Painters Local 130, AFL, and International Union of Operating
Engineers, Local 347, in voting group B ; Sheet Metal Workers Inter-
national Association, Local 54, AFL, and International Union of
Operating Engineers, Local 347, in voting group C; International
Union of Operating Engineers,, Local 347, in voting group D, as well
as the choice of no union in each voting group. - Any union desiring to
withdraw from the ballot in any voting group may do so by giving
10 days' notice of such intent to the Regional Director conducting the
elections.
THE BRODERICK COMPANY 385
CHAIRMAN HERzoo and MEMBER P trERSON took no part in the con-
sideration of the above Supplemental Decision and Amended Direc-
tion of Elections.
THE BRODERIc1 COMPANY (HEADER-PRESS DIVISION) and UNITED
,STEELWORKERS of AMERICA, CIO, PETITIONER . Case No. 35-RC-
495. May 28,1952
Supplemental Decision and Direction
On January 23, 1952, pursuant to a Decision and Direction of Elec-
tion of the Board,' an election by secret ballot was conducted in the
above-entitled proceeding under the direction and supervision of the
Regional Director for the Ninth Region. At the close of the election,
a tally of ballots was furnished the parties, which shows that of the
24 votes cast, 12 were for the Intervenor,2 7 for the Petitioner, and 5
were challenged. As the challenges were sufficient in number to affect
the outcome of the election, the Regional Director conducted an investi-
gation and on April 11, 1952, issued and served upon the parties his
report on challenged ballots. The Employer and the Petitioner filed
timely exceptions to this report.
In his report the Regional Director recommended that the Board
overrule the challenges to the ballots of Robert L: Smith, Horace H.
McKissack, Gareth Pierson, and George T. Wilson. As no exceptions
have been filed to this recommendation, it will be adopted, and we will
direct that these four ballots be opened and counted.
The Regional Director recommended further that the exception to
the ballot of William O. Simpson be sustained. Both the Petitioner
and the Employer except to this recommendation. We find merit
in these exceptions.
In its Decision and Direction of Election herein, the Board found
appropriate a unit consisting of all employees of the Employer work-
ing on dies or parts of dies, excluding office and clerical employees,
professional employees, guards, and supervisors. The Regional
Director found that from May 1951 through January 1952, Simpson
spent more than 20 percent of his time working on dies or parts of
dies, and the balance of his time was spent in performing other work
for the Employer.
In finding that Simpson was not eligible to vote, the Regional
Director relied on the fact that Simpson's job classification (machin-
ist II) had not been included in the unit found appropriate by the
Board in its Decision and Direction of Election. However, in that
1 97 NLRB 926.
Muncie Die Sinkers ' Lodge No 170 of the International Die Sinkers ' Conference.
99 NLRB No. 60.