Pittsburgh Plate Glass Co.

National Labor Relations Board - Board Decisions

Nov 22, 1937

4 N.L.R.B. 193 (N.L.R.B. 1937)

In the Matter of PITTSBURGH PLATE GLASS COMPANY and FEDERATION
OF FLAT GLASS WORKERS OF AMERICA
Case No. R-9370.-Decided November 22, 1937
Glass Products Industry-Investigation of Representatives: controversy con-
cerning representation of employees: rival organizations, refusal by employer
to recognize petitioning union as exclusive bargaining agency-Unit Appro-
priate for Collective Bargaining: wage and occupational differences ; estab-
lished labor organizations in plant ; eligibility for membership in said organi-
zations ; history of collective bargaining relations with employer-Representa-
tives: proof of choice : membership in union ; signed authorization designating
petitioning union as collective bargaining agent-Certification of Representa-
tives: upon proof of majority representation.
Mr. W. J. Perricelli, for the Board.
Mr. Edward Lamb, of Toledo, Ohio, and Mr. Albert Skinner, of
Columbus, Ohio, for the Glass Workers.
Mr. Ellsworth Bundy, of Cincinnati, Ohio, for the Glaziers' Local.
Mr. Frank Hammer, of Cincinnati, Ohio, and Mr. Brockie Farrell,
for the Teamsters.
Mr. A. Bruce Hunt, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 29, 1937, the Federation of Flat Glass Workers of Amer-
ica, herein called the Glass Workers, filed a petition with the Re-
gional Director for the Ninth Region (Cincinnati, Ohio) alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of the Cincinnati, Ohio, plant and warehouse
of the Pittsburgh Plate Glass Company, 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 July 9, 1937, 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 1, as amended,
ordered an investigation and authorized the Regional Director to
193
194 NATIONAL LABOR RELATIONS BOARD
conduct it and to provide for an appropriate hearing upon due
notice.
On July 29, 1937, the Regional Director issued a notice-of hearing
to be held on August 5, 1937, at Cincinnati, Ohio, copies of which
were duly served upon the Company and the Glass Workers. Copies
thereof were also duly served upon Glaziers' Local Union No. 387 of
the Brotherhood of Painters, Decorators, and Paperhangers of
America, Inc., herein called Glaziers' Local and the Local Union of
the International Brotherhood of Teamsters, Chauffeurs, Stablemen,
and Helpers of America, herein called the Teamsters, two labor or-
ganizations claiming to represent employees of the Company. Pur-
suant to the notice a hearing was held in Cincinnati, Ohio, on August
-5,1937, before Fred A. Hughes, the Trial Examiner duly designated
by the Board. The Board and the Glass Workers were represented
by counsel and the Glaziers' Local and the Teamsters by their agents,
and all participated in the hearing. No appearance was made for
the Company. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties appearing. During the course of the hear-
ing the Trial Examiner made several rulings on objections to the
admission of evidence. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were commit-
ted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. TIIE BUSINESS OF THE COMPANY
The Pittsburgh Plate Glass Company was incorporated in Penn-
sylvania August 24, 1883, and reincorporated November 3, 1920. Its
principal business office is in Pittsburgh, Pennsylvania. The Com-
pany owns various plants and jobbing warehouses, 71 in number,
throughout the United States, among which is the plant at Cincin-
nati, Ohio, with which this case is concerned.
The Company is engaged in the manufacture and sale at whole-
sale and retail of plate, window, safety and other types of flat and
structural glass; paints , varnishes, lacquers, linseed oil, brushes and
kindred articles; alkalis, chemicals and cement. The business of the
Cincinnati plant is the manufacture and sale of mirrors, and the job-
bing of glass , paints and brushes. The Company employs approxi-
mately 106 to 114 persons, including office and sales forces, at this
plant.
Materials required for the manufacture of mirrors are shipped to
the plant from outside the State of Ohio, as are the products to be
jobbed. Glass is shipped from Ford City, Pennsylvania, Creighton,
Pennsylvania , Mount Vernon, Ohio, and Clarksburg, West Virginia.
DECISIONS AND ORDERS 195
Various types of paints are received from Milwaukee, Wisconsin,
brushes from Baltimore, Maryland, and linseed oil from Redwing,
Minnesota. These materials and products come from other plants of
the Company by rail and truck. Silver is purchased from a private
concern in New York City. Approximately 75 per cent of the raw
materials shipped to the Cincinnati plant for manufacturing and
jobbing purposes come from without the( State of Ohio, while ap-
proximately 50 per cent of the products sold by said plant are shipped
to points outside the State of Ohio.
The Cincinnati plant employs on its regular pay roll about 18
salesmen who solicit orders in Ohio, Indiana, West Virginia, and
Kentucky as well as commissioned salesmen who operate in New
York, Pennsylvania, and Tennessee. The various products sold by
the Cincinnati plant are sold to furniture and building concerns,
retail stores for paint and brushes, and railway and bus companies.
In addition to the facts set forth above, the Company, in its appli-
cation to the United States Patent Office for registration of the trade
mark "Vitoloil", a trade name used and owned by the Company,
made oath by its secretary that "said trade mark is used by said,
Corporation in commerce among the several States of the United
States." 1 Further, it was stipulated by the Company and other
parties to the instant proceedings that the business of the Cincinnati
plant is interstate and that 75 per cent of the purchases of raw ma-
terials are made outside the State of Ohio.
II. THE ORGANIZATIONS INVOLIED
Federation of Flat Glass Workers is a labor organization affiliated
with the Committee for Industrial Organization. It admits to mem-
bership persons employed in the glass industry, but its exact jurisdic-
tion is not defined in the record.
Glaziers' Local Union No. 387 of the Brotherhood of Painters,
Decorators and Paper Hangers of America is a labor organization
affiliated with the American Federation of Labor. It admits to mem-
bership all workers in the Cincinnati plant, except supervisory , cleri-
cal and salaried employees, and salesmen and truck drivers.
The Teamsters and Chauffeurs Local Union of the International
Brotherhood of Teamsters, Chauffeurs, Stablemen, and Helpers of
America is a labor organization affiliated with the American Federa-
tion of Labor and admits to membership the truck drivers employed
in the Cincinnati plant.
III. THE QUESTION CONCERNING REPRESENTATION
Efforts of the Glass Workers to organize at the Company plant
were commenced in June 1937. At the hearing the Glass Workers
' Board's Exhibit Nos 5B and C.
196 NATIONAL LABOR RELATIONS BOARD
submitted in evidence an authorization containing 33 signatures,
designating and authorizing the Glass Workers to act on behalf of
the signers, who represent themselves to be employees of the Com-
pany, in negotiating a contract with the Company. This number
constitutes a majority of the normal number of the employees out-
side of supervisory employees and the office and sales force, which
we shall hereafter refer to as the production employees. Twenty-
seven of the signatures were verified by various witnesses. None
were challenged. All signers were identified by the dues books of
the Glass Workers as members of the Local. The evidence is not
clear as to when these signatures were obtained, but it is indicated
that all were obtained on or prior to June 25, 1937.
On or about June 25, 1937, a representative of the Glass Workers
held a conference with the manager of the Company during which
the latter was informed that the Glass Workers represented a major-
ity of the Company's production employees and desired to negotiate
a contract in their behalf. The Company refused then and has since
continued to refuse to recognize the Glass Workers as the bargaining
agency for its production employees. It is indicated by evidence in-
troduced on behalf of the Glass Workers that this refusal of the
Company to bargain or negotiate a contract has been due to a threat-
ened boycott of the Company's products on the part of the Glaziers'
Local should any contract between the Company and the Glass Work-
ers be entered into. Whatever the real reason, it is evident that such
recognition on the part of the Company has been denied the Glass
Workers.
We find that a question has arisen concerning the representation
of the employees of the Company.
IV. THE EFFECT OF THE QUESTION OF REPRESENTATION ON COMMERCE
We find that the question concerning representation which has
arisen, in connection with the operations of the Company set forth 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 petition of the Glass Workers alleges that the proper and ap-
propriate unit consists of : "Employees engaged in the processing and
manufacturing of mirrors", thereby excluding the glaziers and truck
drivers among the production employees. During the course of the
hearing before referred to, the Glass Workers changed its position
and contended that the unit appropriate for purposes of collective
bargaining is the entire Cincinnati plant, exclusive of the office force,
DECISIONS AND ORDERS 197
salesmen, and salaried and managerial employees. This change of
position was due to the threat of a boycott above mentioned.
Within the production divisions of the plant there are' five depart-
ments, namely (1) Plate Glass, (2) Art Glass, (3) Glass Jobbing
and Glazing, (4) Shipping, and (5) Mirror. The first two named
departments have a combined personnel of from 14 to 16; the third
has from 10 to 15 employees; the fourth from two to three employees;
and there are 37 employees in the mirror department.
The maximum figures listed, totaling 71, represent the approximate
number of employees when production is at a peak. In normal times
the number of employees within the named departments, as shown
above, is 63, the total of the minimum figures listed.
Persons employed within the mirror department are known as
silverers, bevelers, framers, polishers, cleaners, buffers, and packers.
The output of this department comprises approximately 15 to 18 per
cent of the Company's business. It is within this department alone
that the Glass Workers has secured members.
The glaziers, all members of the Glaziers' Local, employed by the
company are highly skilled and are paid at the rate of $1.55 per hour.
The truck drivers, all members of the Teamsters, are semi-skilled em-
ployees and earn 67 cents per hour, while thebalance of the employees
within the named departments are paid at hourly rates varying from
43 cents to 65 cents.
The types of work done by the various employees differ sharply, as
do their qualifications and rates of pay. Employees in the mirror
department are engaged in the manufacture and production of mir-
rors. They and the employees in the plate glass and art glass de-
partments work within the plant. The work of the glaziers is the
installation of glass for customers and, consequently, is performed
,outside the plant. Glazing contracts constitute nearly 50 per cent
of the Company's business. The duties of the truck drivers include
the loading, unloading and hauling of glass. Employees are not
transferred from one type of work to another and there is little evi-
dence of interdependence in the operations of the named departments.
The glaziers have clearly shown a desire to be represented separately
for bargaining purposes, as have-the truck drivers.
There are approximately 51 members of the Glaziers' Local em-
ployed in Cincinnati, Ohio. Since 1913 members of the Glaziers'
Local employed by the Company have had a series of written, closed-
shop agreements with the management covering rates of pay, hours,
and working conditions of the glaziers. The plate and art glass
workers and the mirror ' men are eligible for membership in the
Glaziers' Local, but it appears that all members of this Local who
are employed by the Company are glaziers. No effort has ever been
made on the part of the Glaziers' Local to negotiate with the Com-
198 NATIONAL LABOR RELATIONS BOARD
pany in behalf of employees eligible for membership in, but not mem-
bers of, the Local.
At the time of the hearing already referred to, the Company em-
ployed two truck drivers. It was testified that an additional truck
driver would be employed shortly thereafter. These employees are
members of the Teamsters which, for a period of from seven to ten
years, has had a series of written closed-shop agreements with the
Company covering rates of pay, hours and working conditions.
It was indicated that relations between the Company and the
Glaziers' Local have been on a satisfactory basis since their first
contract was entered into. Such is also the case with respect to re-
lations between the Company and the Teamsters. The present con-
tract between the Company and the Glaziers is for a two-year period
of duration; that between the Company and the Teamsters is for a
one-year period of duration.
In order to insure to the employees of the Company the full bene-
fit of their right to self-organization and collective bargaining, and
otherwise to effectuate the policies of the Act, we find that all the
employees of the Company, excluding the glaziers, truck drivers,
office force, salesmen, supervisors, and managerial and salaried em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining, in respect to rates of pay, wages, hours of employment,
and other conditions of employment.
VI. THE DETERMINATION OF REPRESENTATIVES
There are from 63 to 71 production employees of the Company,
the number varying as the amount of business fluctuates. Excluding
the glaziers and truck drivers, there remain 51 to 53 production
employees within the appropriate unit.
The Glass Workers' exhibit, heretofore described, contains the
signatures of 33 employees, all in the mirror department, selecting
the Glass Workers as their bargaining agency.
We find that the Glass Workers has been designated and selected
by a majority of the employees in the appropriate unit as their repre-
sentative for the purposes of collective bargaining. The Glass
Workers is, therefore, by virtue of Section 9 (a) of the Act, the
exclusive representative of all the employees in such unit for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment, and we
will so certify.
CONCLUSIONS OF LAW .
On the basis of the above--findings of fact and upon the entire
record in the case, the' Board makes the following conclusions of
law :
DECISIONS AND ORDERS 199,
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Pittsburgh Plate Glass Company at its
Cincinnati, Ohio, plant and warehouse, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the National Labor Rela-
tions Act.
2. All of the employees of Pittsburgh Plate Glass Company at
its Cincinnati, Ohio, plant and warehouse, excluding the glaziers,
truck drivers, office force, salemen, supervisors, and managerial and
salaried employees, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS HEREBY CERTIFIED that Federation of Flat Glass Workers of
America has been designated and selected by a majority of the
employees of Pittsburgh Plate Glass Company at its Cincinnati,
Ohio, plant and warehouse, excluding the glaziers, truck drivers,
office force, salesmen, supervisors, and managerial and salaried em-
ployees, as their representative for the purposes of collective bar-
gaining, and that, pursuant to Section 9 (a) of the Act, Federation
of Flat Glass Workers of America is the exclusive representative
of all such employees for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other con-
ditions of employment.
67573-38-vol iv-14