Linney-Owens-Ford Glass Co.

National Labor Relations Board - Board Decisions

Jun 1, 1942

41 N.L.R.B. 574 (N.L.R.B. 1942)

In the Matter of LIBBEY-OWENS-FORD GLASS COMPANY and WINDOW
GLASS CUTTERS' LEAGUE OF AMERICA, AFFILIATED WITH AMERICAN
FEDERATION OF LABOR
In the Matter of LIBBEY-OWENS-FORD GLASS COMPANY and FEDERA-
TION OF GLASS, CERAMIC & SILICA SAND WORKERS OF AMERICA
AFFILIATED WITH C. I. O.
Cases Nos. R-375 and R-3776, respectively.Decided June 1, 1942
Jurisdiction : glass manufacturing industry.
Investigation and Certification of Representatives : Held, no question concern-
ing representation existed where neither of two petitioning labor organizations
had any adherents among the employees it desired to have added to its existing _
unit, where all the employees which each organization sought to add to its
existing unit were being actively represented by the other organization in
matters of collective bargaining and were embraced within the terms of- valid
existing contracts between the Company and said organization, and where
there was no showing that any of 'such employees -ha'd evinced a- desire to
change their respective affiliations.
Practice and Procedure : petitions dismissed.
Mr. Leland L. Lord, of Toledo, Ohio, for the Company.
Mr. Joseph A. Robie, of Toledo, Ohio, for the League.
Mr. W. T. Lewis, of Columbus, Ohio, for the Federation.
Mr. George A. Koplow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by Window Glass Cutters' League of
America, affiliated with American Federation of Labor, herein called
the League, and Federation of Glass, Ceramic & Silica Sand Workers
of America, affiliated with C. I. 0., herein called the Federation, al-
leging that questions affecting commerce had arisen concerning the
representation of employees of Libbey-Owens-Ford Glass Company,,
Toledo, Ohio, herein called the Company, the National Labor Rela-
tions Board, herein called the Board, provided for-an appropriate
hearing upon due notice before Charles A. Kyle, Trial Examiner.
41 N. L R. B., No. 112.
574
LIBBEY-OWENS -FORD GLASS COMPANY 575
Said hearing was held at Shreveport, Louisiana, on April 10 and 11,
1942. The Company, the League, and the Federation appeared, par-
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. The League and
the Federation filed briefs which the Board has considered. -
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Libbey-Owens-Ford Glass Company, an Ohio corporation with its
principal office at Toledo, Ohio, is engaged in the manufacture, sale,,
and distribution' of various types of flat glass, at its plants located:
at Shreveport, Louisiana; Ottawa, Illinois; East Toledo and 'Ross='
ford, Ohio; and Charleston and Parkersburg, West Virginia. The-
Company employs, more than 4,500 persons, approximately 660 Of
whom are employed at its Shereveport plant, and 1,400 'of whom-
are employed at its Charleston plant. ' More than 50 percent of the--
raw. materials and supplies, used at each plant is shipped to said plant'
from States 'other than the State in which the particular plant- is
located. More than 50 percent'of the finished products of each plant
is shipped from 'said plant to States other. than the State in which
the particular ''plant is located. There is a substantial and frequent
interchange of processed materials from plants located in one State,
to plants located in other States for further processing. The Coin--
pany admits, that it is engaged in commerce within the meaning of
the National Labor Relations Act, herein called the Act.'
II. THE ORGANIZATIONS INVOLVED
Window Glass Cutters' League of America, affiliated with the-
American Federation 'of Labor, and Federation of Glass, Ceramic &-
Silica Sand Workers of America, affiliated with the Congress of In---
dustrial Organizations, are labor organizations admitting to,member--
ship employees of the Company.
' See also Matter of Libbey- Owens-Ford Glass- Company and Federation of Flat Glass
Workers of America, 10 N L R B. 1470; Matter of Libbey -Owens -Ford Glass Company
and Federation of Glass , Ceramic and Silica Sand Woi kei s of America , et al, 31
N.'L. R B . 243; and Matter of Libby -Owens-Ford Glass Company and , Local No 103'
United Office and Professional Woikers of America, affiliated with the Congress of In-
dustrial Organizations , 31 N. L. R B 569 The Company at the hearing agreed that'
the Board might accept as true the facts concerning the nature and extent of its business
as found by the Board in the above -named cases.
576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. TIIE ALLEGED QUESTION CONCERNING REPRESENTATION
All parties stipulated at the hearing that the Federation has bar-
gained for, and is bargaining for, all production and maintenance
employees at the Company's plants in East Toledo, Rossford, Ottawa,
Charleston, and Shreveport, including the operators in the machine-
,cutting department, which exists, only in the Charleston and Shreve-
port plants, but excluding all hand cutters and the inspectors,
diamond setters, foremen, subforemen, and Charleston paner ma-
chine operators in the machine-cutting department. The League
has bargained for, and is bargaining for, all employees in the above-
-mentioned excluded categories. The Federation now asserts that the
appropriate, unit consists of the unit for which it is bargaining at
present; together with the inspectors, diamond setters, and Charleston
-paner machine operators, in the machine-cutting department. The
League, on the other hand', claims that the appropriate unit consists
of the unit for which it is bargaining at present,, together with the
operators in the machine-cutting department. At the hearing the
-parties stipulated that because oft this dispute as to the appropriate
-unit,, a question concerning representation exists. We do not agree
that such a question exists.'
The disputed categories of employees all work in the machine-
-cutting, department' at the' Charleston and' Shreveport plants. Glass-
cutting machines were first used commercially by the Company, in.
1933, at Charleston. In 1937" the Company installed such machines
at Shreveport also, but discontinued their use after 6 months. Since.
1917 the League has bargained for and-has negotiated' contracts cover-
ing the hand cutters at Charleston and Shreveport. From 1934 to
1S40- the Federation bargained for and' negotiated contracts covering
its members only, in the above-mentioned' plants of the Company.
The record does not show whether the League or the Federation made
any attempt to organize the machine-cutting department at Charles-
ton, from '1933 to 1937,, but when the machines were installed at
Shreveport in 1937' the League -organized the operators into an, "asso-
ciate" membership. Every League contract since 1933 , has contained,,
a provision permitting the Company. to develop and use cutting.
machines, and to implement this provision the League and the Com-
pany, by an exchange of letters in 1935 and 1937, agreed- that- the•
machines would be used only when the volume of work was above.
the amount needed to keep a specified number of hand' cutters,
employed'. • -
2 Section 9 (c), of the Act provides that "Whenever a question affecting commerce arses
concerning the representation of employees , the Board may investigate such controversy,
and certify to the parties, in writing , the name or names of the representatives that have
been designated or selected "
LIBBEY-O`vENS-FORD GLASS COMPANY 577
On January 30, 1939, the Board certified the Federation as the
representative of all production and maintenance employees of the
Company at its plants at East Toledo, Rossford, Ottawa, Charleston,
Shreveport, and Parkersburg, "excluding window-glass cutters, super-
visory employees, timekeepers, and clerical employees not directly
connected with production." S Since approximately that date the
Federation has bargained for all production and maintenance em-
ployees except. the hand cutters, and the inspectors, diamond setters,
foremen, subforemen, and Charleston paner machine operators, in the
machine-cutting department at Charleston and Shreveport. The
League has bargained for the employees in the excluded categories.
When the Company reopened its machine-cutting department in
Shreveport in October 1941, the League wrote to the Company, claim-
ing jurisdiction over the operators of the machines. The Company
replied that "in manning the machines [at Shreveport] we followed
the same practice that we have followed in manning these machines
in our Charleston Plant," that is, manning the machine-cutting de-
partment with Federation members except for the inspectors, diamond
setters, foremen, and subforemen, who were League members. There-
after the petitions were filed in these proceedings.
The Federation since 1940 has had contracts with the Company
recognizing it as the exclusive representative of all production and
maintenance employees at the plants in question, "excepting those
employees in the window-glass plants who are members of the .. .
League . . ." Its present contract, dated February 1, 1942, expires
in- February 1944. The League's present contract, which provides
for a closed shop, has been extended on a "day-to-day basis" since
March 8, 1942, when by its terms it expired. At the hearing all
parties stipulated that all the employees in the unit for which the
League has- bargained, namely, the hand cutters, and the inspectors,
diamond setters, foremen, subforemen, and Charleston paner machine
operators, in the machine-cutting department at Charleston and
Shreveport, are members-of.the League. They also stipulated that all
the employees in the unit for which the Federation has bargained,
namely, all the production and maintenance employees except the
League members, are members of the Federation. Both petitioning
organizations stated at the hearing that they did-not desire that the
Board direct an election among the disputed categories- of employees
in the maclline-cutting department to permit the desires of such em-
810 N. L. R B. 1470. - - '
On April 23 , 1941 , the Board issued a Decision , -Order, and Direction of Election in
which it found that the Parkersburg plant constituted a separate appropriate unit, but
did not disturb the previous unit finding and certification in other respects . 31 N. L.
R. B 243.
46389 2-42-'v' o1. 41-37
578 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees themselves to determine into which of the two. existing units
they should be incorporated.
While it is clear that the parties have been unable to reach an
,agreement as to which organization should have jurisdiction over
machine-cutting operations, there is no dispute as to representation
of employees engaged in these operations. All the employees in the
machine-cutting department have been and are being actively repre-
sented by the League or by the Federation in matters of -collective
bargaining and are, embraced within the terms of valid existing con-
tracts between the Company and said organizations. There is no
showing that any of them have evinced a desire to change their re-
spective affiliations. In effect, therefore, both organizations are
requesting that the-Board decide, without reference to the desires of
the affected employees and despite the admitted fact' that' neither
organization has any adherents among the employees it desires to
have added to its existing unit, whether these employees should belong
to the League or to the Federation. -- We are of the opinion and find
that these facts raise no question concerning representation within
the meaning of Section 9 (c) of the Act.4 We shall, therefore, dismiss
the petitions.,'
ORDER
Upon the basis of the above findings of fact and the entire record
in the case, the _ National' Labor Relations Board hereby orders that
the' petitions for investigation and certification of representatives of
employees of Libby-Owens Ford Glass Company, Toledo, Ohio,
filed by Window Glass- Cutters' League of 'America, affiliated with
American Federation of Labor,. and Federation of Glass, Ceramic &
Silica Sand Workers of America, affiliated with C. I. O., be, and
they hereby are, dismissed.
"Where a union seeks to add to an existing unit, we require that it make ' 'a showing
of representation among the employees sought to be added. See Matter of Armour and
Company and Packinghouse Workers Organizing Committee , Local 58, affiliated with the
Congicss of Industrial Organizations , 38 N. L R B 552 , in which the petitioning union
made such showing ; and Matter of Tide Water Associated Oil Company and National Mari-
time Union of America, et al, 40 N L R B 1333, in which the petitioning union did not
make such showing . No such showing is made in the instant proceedings ; in fact, each
union admits that all employees in the group it seeks to add to its existing unit are
represented by the other
Each of the petitioning organizations requests that in the event the Board fails to
certify it as the representative of the unit it claims to be appropriate , the Board should
certify it , on the basis of the record , as the representative of the unit which it represents
at present , rather than dismiss its petition . No question exists concerning the repre-
sentation of employees in the units as presently constituted , however, since the Company
has been and is bargaining with the League and the Federation as the exclusive repre-
sentatives of the units which they respectively represent.