Hazel Atlas Glass Co.

National Labor Relations Board - Board Decisions

Dec 17, 1942

46 N.L.R.B. 91 (N.L.R.B. 1942)

In the Matter of HAZEL ATLAS GLASS COMPANY and FEDERATION OF
GLASS, CERAMIC & SILICA SAND WORKERS OF AMERICA, C. I. O.
Case No. N. R-41596.-Decided December 17, 19.42
Jurisdiction : glass manufacturing industry.
'Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition without certification ; contract allowed to lapse
without renewal held no bar to; election necessary.
Unit Appropriate for Collective Bargaining : all employees in Miscellaneous
Department of one of Company's plants, excluding supervisory and clerical
employees, machine operators and machine upkeep men, and mold makers
and mold helpers covered by existing contracts.
Busby, Harrell & Trice, by Mr. L. H. Harrell, of Ada, Okla., for
the Company.
Holmes cC Lewis, by Mr. W. T. Lewis, of Columbus, Ohio, and Mr.
Ralph J. Reiser, of Festus , Mo., for the Federation. .
Kerr, Lambert d Conn, by Mr. Harvey J. Lambert, of Ada, Okla.,
for the Association.
Mr. Leon Novak, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Federation of Glass, Ceramic & Silica
Sand Workers of America, C. I. 0., herein called the Federation,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Hazel Atlas Glass Company, Ada,
Oklahoma, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Elmer Davis,. Trial Examiner. Said hearing was held at Ada, Okla-
homa, on November 23, 1942. The Company, the Federation, and
Glass Bottle Blowers Association, affiliated with the American Federa-
tion of Labor, herein called the Association, appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues.
46 N. L. R. B., No. V.
91
92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. On December 3, 1942, the
Association filed a brief, which the Board has considered.
Upon the entire record in the case, the Board makes the. following; :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Hazel Atlas Glass Company is a West Virginia corporation with
plants located at Blackwell, Oklahoma, Oakland, California, Lancaster,
New York, Clarksburg and Grafton, West Virginia, Washington,
Pennsylvania, Zanesville, Ohio, and at Ada, Oklahoma. We are here
concerned with its plant at Ada, Oklahoma, where it manufactures
glass food containers, in the manufacture of which it uses raw mate-
rials consisting of sand, soda ash, limestone, and felspar. During
the first 6 months of 1942, the raw materials used by the Company at
its Ada, Oklahoma, plant were valued in excess of $100,000. Eighty
percent of these raw materials were shipped to the State of Oklahoma
from other States. During the same ,period the Company sold. ap-
proximately $800,000 worth of finished products. Eighty-five per--
,cent of the finished products was shipped into and through States
other than the State of Oklahoma. The Company admits that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act.
II. THE ORGANIZATIONS INVOLVED
Federation of Glass, Ceramic & Silica Sand Workers of America,
is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
Glass Bottle Blowers Association, is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the, Company.
III. THE ,QUESTION CONCERNING REPRESENTATION
On October 21, 1941, the Company and the Association entered into
an exclusive bargaining, contract covering' the employees of the'Mis-
cellaneous Department of the Company. ' By its terms this contract was
to continue in force until 'September 1, 1942, with an extra 'period of
30 days' grace provided for in case another agreement could riot ,be
reached before September 1, 1942. On'September 22, 1942, the Asso-
ciation and the Company met to negotiate changes and,modificatiolis
to , the contract. No agreement was reached on that day and no further
meetings were had. On October 13, 1942, the Federation requested
the Company to recognize it as the exclusive bargaining agent of the
HAZEL ATLAS GLASS COMPANY 93•
Company's employees in the Miscellaneous Department. This the
Company refused to do until such time as the Federation or the Asso-
ciation is certified by the Board. Since the contract between the
Company and the Association has not been renewed, we find that it
does not constitute a bar to this proceeding.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Federation represents a
substantial number of the employees in the unit hereinafter found to
be appropriate.'
We find tl^at,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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Federation and the Association are in agreement that all of the
employees in the Miscellaneous Department of the Company are an
appropriate unit, excluding supervisory and clerical employees as well
as machine operators and machine up-keep men, who are represented
by the Association under another contract, and also excluding mold
makers and mold helpers who are represented by American Flint
Glass Workers of America.2
We find that all of the employees in the Miscellaneous Department
of the Company, at its Ada, Oklahoma, plant, excluding supervisory
and clerical employees, machine operators and machine up-keep men,
mold makers and mold helpers, 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 em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of our Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion.
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 Rela-
I The Field Examiner reported that the Federation had submitted 94 cards bearing
the apparently genuine signatures of persons on the Company 's pay roll There are
approximately 131 persons within the )appropriate unit The Association made no show-
ing of membership , relying on its contention that its contract is a bar to this proceeding.
2 This is the same unit previously covered by the contract between the Company and
the Association.
94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hazel Atlas Glass
Company, Ada, Oklahoma , an election by secret ballot shall be con-
ducted 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 Sixteenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 10, 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 any such 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 any
who have since quit or been discharged for cause , to determine whether
they desire to be represented by Federation of Glass, Ceramic & Silica
Sand Workers of America, affiliated with the Congress of Industrial
Organizations , or"by Glass Bottle Blowers Association , affiliated with
American Federation of Labor, for the purposes of collective bargain-
ing, or by neither.