Hewitt Rubber Corp.

National Labor Relations Board - Board Decisions

May 20, 1941

31 N.L.R.B. 982 (N.L.R.B. 1941)

I
In the Matter of HEWITT RUBBER CORPORATION and UNITED RUBBER
WORKERS OF AMERICA, LOCAL UNION 188
Case No. R-,0526.-Decided May 00, 1941
Jurisdiction : rubber products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; contract with rival union for members only,
no bar to ; current pay roll to determine eligibility notwithstanding request of
one of, the unions that it desires a pay roll as of the date of the petition where
it appears that the Company has hired many new employees since the date
of the petition ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees of the Company, including employees in the fuel-tank department,
but excluding executives, supervisory employees, and office employees.
Kenlck, Cooke, Mitchell, Bass d Letchworth, by Mr. Lawrence R.
Goodyear, of Buffalo, N. Y., for the Company.
Mr. Hugh Thompson, of Buffalo, N. Y., and Mr. Charles E. Lanning,
.of Akron, Ohio, for the United.
Mr. James 0. Moore, Jr., of Buffalo, N. Y., for the Association.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 29,1941, United Rubber Workers of America, Local Union
188, herein called the United, filed with the Regional Director for the
Third Region (Buffalo, New York) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Hewitt Rubber Corporation, Buffalo, New York, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On April 24, 1941,
the National Labor Relations Board, herein- called the Board, acting
,,pursuant to Section 9. (c) of the Act, and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2, as
31 N. L i R B, No. 167.
9S2
HEWITT RUBBER CORPORATION 983
amended, ordered an investigation and authorized the Regional Direc-
tor to conduct, it and to provide for an appropriate hearing upon due
notice.
On April 25, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the United, and
Hewitt Employees Association, herein called the Association, a labor
organization claiming to represent employees directly affected by the
investigation. Pursuant to notice, a hearing was held on May 1, 1941,
at Buffalo, New York, before Peter J. Crotty, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company, the
United, and the Association were represented by counsel and partici-
pated in the hearing. At the commencement of the hearing the Trial
Examiner granted a motion to intervene filed by the Association. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are,hereby
affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Hewitt Rubber Corporation, a New York Corporation, operates
a plant at Buffalo, New York, where it is engaged in the manufacture
of rubber products. During 1940 the Company purchased raw mate-
rials valued in excess of $2,000,000, approximately 70 per cent of
which was shipped to it from points outside the State of New York.
During the same period, the Company manufactured products valued
in excess of $2,500,000, about 75 per cent of which was shipped by
it to points outside the State of New York. The Company admits,
for the purpose of this proceeding, that it is engaged in interstate
commerce within the meaning of the Act.
H. THE ORGANIZATIONS INVOLVED
United Rubber Workers of America, Local Union 188, is a labor
organization affiliated with the Congress of Industrial Organizations.
It admits to membership employees of the Company.
Hewitt Employee's Association is an unaffiliated labor organization
admitting to membership employees of the Company.
984 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
During January 1941, the United requested the Company to rec-
ognize it as exclusive representative of its employees. The Company
denied this request stating that it was operating under a contract
with the Association. On June 29, 1940, the Company and the
Association entered into a contract recognizing the Association
as bargaining representative of its members in the Company's
employ. This contract expires on June 30, 1941. It is ap-
parent that the contract, covering the members of the Association
only, is no bar to a present determination of representatives.'
A statement of the Regional Director, introduced in evidence,
shows that-the United and the Association each represent a substan-
tial number of employees in the unit alleged by eacli to be
appropriate.2
We find that a question has arisen concerning the representa-
tion of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which' has
arisen , occurring in connection with the operations of the Company,
described in Section I above, has a close intimate, and substantial
relation to trade, traffic, and commerce among the, several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The United urges that all production and maintenance employees
of the Company, excluding executives, supervisory employees, office
employees, and employees in the fuel-tank department, constitute an
appropriate bargaining unit. The only controversy with respect to
the unit concerns the employees in the fuel-tank department. The
United desires the exclusion of such employees from the unit and the
Association their inclusion. The Company took no position with
respect to these employees.
In December 1940 the Company set up a department known as the
fuel-tank department. The United urges the exclusion of the em-
' Matter of Northrop Corporation and United Automobile Workers , Local No. 229, 3
N. L R B. 228.
9 The Regional Director reported that 287 persons have signed membership application
cards in the United and that 297 persons have paid dues to the Association for some part
of the year 1941. There are approximately 640 employees in the alleged appropriate unit.
HEWITT RUBBER CORPORATION 985
ployees in this department from the unit on the ground that they
work in a separate division of the Company, are not connected with
the regular production work in the plant, and that their work is of
a highly confidential 'nature. Employees in this department build
fuel tanks for exclusive use in United States army airplanes and an
Army.,.Inspector is present at all times in this department. There,
are about 220 employees in this department, approximately 30 of
whom have been transferred from other departments of the Com-
pany. The Company maintains a single pay roll, factory manager,
and personnel director for all its employees, including the employees
in the fuel-tank department. Its production bonus and vacation
policy apply to the fuel-tank department as well as to all other
departments of the Company. Material's used in the fuel-tank
department are processed in, several other departments of the plant
and there is an interchange of employees between the plant and the
fuel-tank department. It appears that the employees in the fuel-
tank department are eligible to membership in the United as well as
in the Association. We find that the employees in the fuel-tank
department should be included in the unit.
We find that all production and maintenance employees of the Com-
pany, including employees in the fuel-tank department, but excluding
executives, supervisory employees, and office employees, constitute a
unit appropriate for the purposes of collective bargaining and that
such unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining and other-
wise effectuate the policies of the Act. .
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. The United stated
that in the event the Board directs an election, it desires that a pay
roll of; the Company as of the date of the petition herein be used to
determine eligibility to vote. The Association asks that a current pay
roll be used for this purpose. It appears that the Company has hired
many new employees since the date of the petition. In accordance
with our usual practice we shall direct that all employees in the ap-
propriate unit who were employed by the Company during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to such limitations and additions as are set forth in the
Direction hereinafter, shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following : ,
986 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Hewitt Rubber Corporation, Buffalo, New
York, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All production and maintenance employees of the Company, in-
eluding employees in the fuel-tank department, but excluding execu-
tives, supervisory employees, and office employees, constitute a unit
appropriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTION
I
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
-to ascertain representatives for the purpose of collective bargaining
with Hewitt Rubber Corporation, Buffalo, New York, 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 Third Region, acting
in this matter as agent for the National Labor Relations Board and
subject to Article III, Section 9, of said Rules and Regulations, among
all production and maintenance employees of the Company who were
employed during the pay-roll period immediately preceding this Direc-
tion, including employees in the fuel-tank department, employees who
did not work during such pay-roll period because they were ill or
-on vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding executives, supervisory
employees, office employees, and employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by United Rubber Workers of America, Local Union 188 af-
filiated with the Congress of Industrial Organizations, or by Hewitt
Employees Association, for the purposes of collective bargaining, or
by neither.