The Dayton Rubber Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 17, 1944

57 N.L.R.B. 388 (N.L.R.B. 1944)

In the Matted of THE DAYTONr RUBBER MANUFACTURING COMPANY and. , \
sr
UNITED, RUBBER WORKERS OF AMERICA
Case No. 5-R-1563-.-Decided July, 17, 1944
Harkins. Van Winkle cC Walton, by Mr. fester Walton, of Asheville,
N. C., and Morgan & Ward, by Mr. A. T. Ward, of Waynesville, N. C.,
for the Company.
Mr. Ray Nixon, of Charlotte, N. C., and Mr. Miles W. Lynch, , of
Waynesville, N. C.; for the Union.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
'DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Rubber Workers of America,
affiliated with the, Congress of Industrial Organizations, herein called
the Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Dayton Rubber Manu-
facturing Company, Waynesville, North Carolina, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before George L. Weasler, Trial
Examiner. Said hearing,was held. at Waynesville, North Carolina,
on May 26, 1944. The Company and the Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Exiiminer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded an 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
The Dayton Rubber Manufacturing Company is,an Ohio corpora-
tion with with its principal ' office and place of business in Dayton,
57 N. L R. B., No. 73.
388
THE DAYTON RUBBER MANUFACTURING COMPANY 389
Ohio. -The`Company operates a branch -factory in Waynesville, North
Carolina, known as the Thorobred Textile Division, with which this
proceeding is concerned. The Thorobred Textile Division is engaged
in the manufacture. of life'rafts, pontoons, V belts and some textile
products, principally for the Armed Forces. During the 12-month
period ,ending April 30, 1944, it purchased raw materials -valued at
approximately $400,000, 80 percent of which came from outside the
State of North Carolina. During the same period it sold finished
products valued at approximately $600,000, 85 percent of which was
shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
'United Rubber Workers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership e'rnployees-of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative, of its production and maintenance
employees until the Union has been certified by the Board in an ap-
propriate unit:
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and. Section 2 -(6)-and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges a unit composed of all production and main-
tenance employees including calendar operators, compounders, in-
spectors, testing and packing employees, 'receiving and shipping em-
ployees, and firemen, but excluding cafeteria workers, laboratory em-
ployees, watchmen, office and clerical employees, foremen and all
supervisory employees. The Company oontends that calender op-
erators, compounders, inspectors, testing employees, 'firemen, and re-
ceiving and shipping employees should be excluded, otherwise it
agrees with the composition of the unit sought by the Union.
I The Field Examiner reported that the Union had submitted 503 application cards dated
as follows : 2 in Match 1944; 472 in April 1944; 22 in May 1944 ; 2 in 1944; and 5 undated;
he also reported that,there u'ere ,630 employees in the unit petitioned for.
390 - DECISIONS OF 'NATIONAL' LABOR RELATIONS BOARD
Cale?lder operators. These employees operate calender machines
with crews of three or four lnen. Their rate of pay is.only slightly
above that of other production employees. They spend' all of their
time either in actual operation of the machine or in readying 'it for
the next operation. The Company contends that the calender op-'
erators have supervisory authority with respect to their crew members.
However, the record fails to show that these employees have sufficient
authority to bring them within our customary definition of supervisory
employees. `We-shall include them within the unit
Inspectors. These employees inspect material for quality and re-
port defects to the foremen under whose supervision they operate.
They are not expected to know the employee responsible for defective
workmanship and make-no recommendations in respect thereto. Their
rate of pay is only slightly above that of production employees. The
Company, while admitting that inspectors have no supervisory duties,
nevertheless contends that quality control inspection is a confidential
matter closely connected with management and that the employees
performing such duties should not be included in a unit of production
employees. We have considered the Company's contention and, as
in other cases-involving similar employees, find it to Abe without merit 2
We shall include these employees in the unit.
Testing employees. These employees test rafts and pontoons for
air losses and repair any defects which they discover. They function
exactly as do the inspectors except that, in addition, they make repairs,
themselves. The considerations that have induced us to include in-
spectors in the unit are equally applicable to these employees. We
shall include then in the unit.
Firemen. These men stoke the boilers in the powerhouse and fall
within the general category of maintenance employees. We shall =
include them in the unit.
Receiving and 'ship'ping employees. These employees spend ap-
proximately one-half of their time in the actual handling of incoming
and outgoing material and-the other half. keeping, records with respect
thereto.' In connection with this record-keeping, the plant manager
testified that considerable "leg work" is required. The employees
are also available for production work. Since it appears that the
interests of these employees are ,closely aligned with those of the -
production workers, we shall include them in the unit.3
We find that all production and maintenance employees including
calender, operators, inspectors,', testing and packing employees, re,
2 Matter of McDonnell Aircraft Corporation , 49 N. L R. B. 897, and cases cited therein ;
Matter of Howard Aircraft Corporation . 51 N. L. R B 386
3Matter of New Indiana Chair Company , 43 N. L. R. B. 318 ; Matter of Buffalo Arms
Corporation , 46 N L. R B 1176
4 This category includes burling fabric employees who, while listed under the laboratory
department , perform routine inspectional work examining fabric for defective material
THE DAYTON RUBBER MANUFACTURING COMPANY 391
ceiving'and shipping employees, and firemen, but excluding cafeteria
workers, laboratory' employees," watchmen, office and clerical em-
ployees, foremen, and all or any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. TIIE DETERMINATION OP REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen, be resolved by an election by secret ballot among the em-
ployees 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 limitations and additions set forth in the Direc-
tion.a
The Company contends that employees hired on a temporary basis
to do a specific job of collecting salvaged material and moving obso-
lete and unused machinery should not be permitted to vote. There is
no evidence in the record as to-how long this type of work will last.
However, the factory manager testified that the completion of the job
would not necessarily result in the discharge of these temporary em-
ployees, and that they might be absorbed by other' departments. In
view of the Company's high labor turnover, 10 percent per month, and
its difficulty in recruiting and holding new employees, it is a reason-
able inference that any, of these so-called temporary employees who
may desire to continue working for the Company after the comple-
tion of their present job will have the opportunity to do so. In view of .
the fact that these employees have a good chance of acquiring perma-
nent status, we shall permit them to vote.'
The Union's request to -appear on the ballot as "United Rubber
Workers of America" is granted.
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
5 This category includes compounders whose work is substantially like that of the labora-
tory employees whom the parties agreed to exclude.
• 0 The Union request's that the voting eligibility date be determined by the pay -roll period
ending during the week set for the hearing, which was May 14, 1944 It contends that a
substantial number of employees have been added by the Company since that date , and that
it has been unable to organize such employees There is no claim that the additions to the
pay roll a re anything more than normal . The reason adduced by the Union is not sufficient
to justify a departure from our usual practice in fixing the date of eligibility . Matter of
Clinton Garment Company, 8 N. L R B 90; Matter of Vtilter . Mail ufaeturing Company,
44N L R.B 232 -
7 Matter of Bridgeport Brass Ordnance Plant, 45 N. L R B 84.
392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act, and pursuant to Article III, Section 9-,,of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby -
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Dayton Rub-
ber Manufacturing Company, Waynesville, North Carolina, an elec-
.tion by sedret 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 Fifth Re-,
gion, acting in this matter as agent for the National Labor`-Relations
Board and subject to Article 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 im-
mediately preceding the date of this Direction, including employees
who did not work during the said pay-roll period because they were
ill or on vacation or temporarily laid off, and including' employees in
the armed forces of the United States who present themselves in per-
son 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 or not they desire to
be represented by United Rubber Workers of America, for the pur-
poses of collective bargaining.