Owens-Corning Fiberglas Corp.

National Labor Relations Board - Board Decisions

Sep 16, 1946

70 N.L.R.B. 1335 (N.L.R.B. 1946)

In the Matter Of OWENS; CORNING FIBERGLAS- CORPORATION, EMPLOYER
and TEXTILE WORKERS UNION OF AMERICA (CIO), PETITIONER
Case No. 8-R-2269.-Decided September 16, 1946
Messrs. Henry Bloch and Joseph D. Black, of Toledo, Ohio, for the
Employer. -
Mr. Charles T. Bubb, of Cleveland, Ohio, and Mr. Benjamin Wyle,
of New York City, for the Petitioner.
Mulholland, Robie c McEwen, by Mr. Richard R. Lyman, of Toledo,
Ohio; and Mr. Albert Vottero, of Jeannette, Pa., for the Glass
Workers
Mr. R. D. Rust, of Mansfield, Ohio, for the Machinists.
Mr. J. W. Jockel, of Cleveland, Ohio, for the Masons.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Newark,
Ohio, on August 15, 1946, before Thomas E. Shroyer, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Owens-Corning Fiberglas Corporation has its principal offices at
Toledo, Ohio. It operates plants in Ohio, Pennsylvania, and Rhode
Island. Its plant at Newark, Ohio, where it is engaged in the manu-
facture of fibrous glass products, is the only plant involved in this
proceeding.
At the Newark plant, the Employer uses raw materials, consisting of
sand, soda ash, lime; and oil, at least 50 percent of which is shipped
from points outside Ohio. During 1945, the Employer finished at
the plant products valued in excess of $1,000,000, the majority of which
was sold to customers outside Ohio.
70 N. L. R. B., No. 134. -
1335
1336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that the Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.
IL THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations , claiming to represent employees of the
Employer.
American Flint Glass Workers Union of North America, the inter-
venor herein called the Glass Workers, is a labor organization affiliated
with the American Federation of Labor , claiming to represent em-
ployees of the Employer.
International Association of Machinists , herein called the Machin-
ists, is a labor organization , which, prior to the hearing , claimed an
interest among employees covered by the petition . At the opening
of the hearing , the Machinists appeared , disclaimed any interest in
this proceeding , and was granted leave to withdraw:
Bricklayers , Masons & Plasterers International Union, herein called
the Masons , is a labor organization , claiming to represent employees
of the Employer . When it appeared that no bricklayers were in-
cluded in the unit claimed herein to be appropriate , the Masons dis-
claimed any interest in this proceeding and was granted leave to
withdraw.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an,appropriate unit.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Employer, within the meaning of
Section 9,(c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the interested parties,
that all production and maintenance employees at the Employer's
Newark plant and its research_laboratories, including utility men and
women, but excluding electrical employees,' machinists, helpers, ap-
prentices, tool and die makers, and welders in the laboratory machine
shop,2 office employees, laboratory technicians, confidential employees,
salaried employees, caretakers of Fiberglas Club, summer employees
on a temporary basis, temporary bricklayers, department heads,
department foremen, shift foremen, chief shift inspectors, group
leaders; -and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
1 These employees are represented by International Brotherhood of Electrical Workers.
2 These employees are represented by the Machinists.
OWEN-CORNING FIBERGLAS CORPORATION 1337
status of employees, or effectively recommend such action,3 constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Owens-Corning Fiberglas
Corporation, Newark, Ohio, 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 Eighth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Sec-
tions 203.55 and 203.56, of National Labor Relations Board Rules
and Regulations-Series 4, among the employees in the unit found
appropriate in Section IV, above, who were employed duringothe
,pay-roll period immediately preceding the date of this Direction, in-
cluding employees who did not work during said pay-roll period be-
cause they were ill or on vacation or temporarily laid off, and includ-
ing employees in the armed, forces of the United States who present
themselves'in person at the polls, but excluding those employees 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
they desire to be represented by Textile Workers Union of America
(CIO), or by American Flint Glass Workers Union of North Amer-
ica (AFL), for the purposes of collective bargaining, or by neither.
3 The Employer ' s operations have not substantially changed since July 1944 , when the
Board issued its Decision and Direction of Elections in Case No . 8-11-1433, a prior repre-
sentation proceeding involving employees at the Newark , Ohio, plant . 57 N. L. R B 345.