Seiberling Latex Products

National Labor Relations Board - Board DecisionsSep 13, 1943

52 N.L.R.B. 562 (N.L.R.B. 1943)

In the Matter of SEIBERLING LATEx PRODUCTS and UNITED Ru z WORKERS OF AMERICA, LOCAL 16, C. I. O. Case No. R-5927. Decided September 13, 1943 Mr. Francis Seiberling, of Akron, Ohio, for the Company. Mr. H. R. Lloyd, of Akron, Ohio, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Rubber Workers of America, Local 16, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Seiberling Latex Products Company, Barberton, Ohio, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Claude H. Eads, Trial Examiner. Said hearing was held at Akron, Ohio, on August 27,1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues. During the course of the hearing counsel for the Company moved to dismiss the petition. The Trial Examiner reserved ruling. The mo- tion is hereby denied. The Trial Examiner's rulings made at the hear- ing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Seiberling Latex Products Company is an Ohio corporation with its principal place of business at Barberton, Ohio, where it is engaged in the manufacture of miscellaneous molded, extruded, and sponge rubber articles. The Company uses approximately 50,000 pounds of raw materials monthly, about 60 percent of which is shipped to it from points outside the State of Ohio. The Company produces finished 52 N. L. R. B., No. 93. 562 0 SEIBERLING LATEX PRODUCTS 563 products valued at about $120,000 monthly, approximately 50 per- cent of which is shipped to points outside the State of Ohio. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. U. TIIE ORGANIZATION INVOLVED United Rubber Workers of America, Local 16, is a labor organiza- tion affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION During July 1943 the Union requested the Company to recognize it as the exclusive collective bargaining representative of the Company's clerical employees. The Company refused this request. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial number of employees in the unit hereinafter found to be ap- propriate. ' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union urges that all office employees of the Company, exclud- ing private-confidential secretaries and supervisory employees, con- stitute an appropriate unit. The Company contends that office em- ployees should not be permitted to constitute a collective bargaining unit because such employees perform confidential functions. The Company further contends that to permit the office employees to align themselves with the Union would inevitably result in the dissemina- tion of confidential information. It points out in this connection that the Union at the present time represents the Company's production and maintenance employees. The record discloses that, with the exception of the private-con- fidential secretaries, none of the employees sought by the Union possess confidential information concerning labor relations. The office work- ers are clearly employees within the meaning of the Act and we see no reason to deprive them of the right to self-organization and collective bargaining as guaranteed to employees in the Act.' While office em- i The Field Examiner reported that the Union presented 10 membership application cards bearing apparently genuine signatures of persons whose names appear on the Com- pany's pay roll of May 18, 1943. There are approximately 16 employees in the appro- priate unit. 2 See Matter of Yellow Truck & Coach Manufacturing Company, General Motors Truck & Coach. Division, 36 N. L. R. B. 876; Matter of New England Shipbuilding Corporation, 51 N L R B. 1101. 549875-44-vol. 52--37 564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees are excluded from the production and maintenance unit pro- vided ' for in the contract between the Company and the Union, the contract clearly does not preclude the Union from seeking to repre- sent office employees in a separate unit. We find, accordingly, that office employes of the Company may constitute a separate appropriate bargaining unit. We find that all office employees of the Company, excluding private- confidential secretaries and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, con- stitute 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 means of an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the lin%itations and additions set forth in the Direction. 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIREarED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Seiberling Latex Products Company, Barberton, Ohio, 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 Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Ar- ticle III, Sections 10 and 11, 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 employees who did not work during said pay-roll period because they were ill or on vacation or tempo- rarily 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 or not they desire to be represented by United Rubber Workers of America, Local 16, affiliated with the Congress of Industrial Organizations , for the purposes of collective bargaining.