The Firestone Tire & Rubber Co.

National Labor Relations Board - Board Decisions

Jul 26, 1945

62 N.L.R.B. 1448 (N.L.R.B. 1945)

In the Matter of THE FIRESTONE TIRE & RUBBER COMPANY and UNITED
RUBBER WORKERS OF AMERICA, CIO
Case No. 5-R-1925.-Decided Truly 26, 1945
Mr. Harold Mull, of Akron, Ohio; and Mr. J. A. Moore, of Winston-
Salem, N. C., for the Company.
Mr. F. M. Dickenson, of Memphis, Tenn.; Mr. M. W. Lynch, of Win-
ston-Salem, N. C., Mr. R. C. Nixon, of Charlotte; N. C.; and Mr. N. H.
Eagle, of Akron, Ohio, for the Union.
Mr. Harold M. Humphreys, 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, CIO,
herein called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of The Firestone Tire &
Rubber Company, Winston-Salem, North Carolina, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before George L. Weasler, Trial Examiner. Said
hearing was held at Winston-Salem, North Carolina, on May 25, 1945.
The Company and the Union appeared and participated. All parties were
afforded full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues. The Trial Exam-
iner'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
I. THE BUSINESS OF THE COMPANY
'The Firestone Tire & Rubber Company, an Ohio corporation, is engaged
in the manufacture of bridge pontoons at its Winston-Salem, North Caro-
62 N. L. R. B., No. 200.
1448
v
THE FIRESTONE TIRE-& RUBBER COMPANY 1449
lina, plant. During the year 1944, the Company purchased raw materials,
consisting of processed fabric, solvent, cements, rope, ]petal valves and
related products, amounting in value to more than $2,000,000, of which
96 percent was bought and shipped to it from points outside the State of
North Carolina. During the same period finished products, amounting in
value to more than $5,500,000, were sold by the Company to the United
States Government, and shipped to points outside the State of North
Carolina.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Rubber Workers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the exclu-
sive bargaining representative of certain of its employees until the Union
has been certified by the Board in an appropriate 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
In substantial accordance with the agreement of the parties and based
upon the entire record, we find that all production and maintenance employ-
ees of the Company at its Winston-Salem, North Carolina, plant, including
working supervisors,' commissary employees, testers, and tally production
employees, but excluding timekeepers, office employees, plant protection
employees, engineers, chemists, foremen, supervisors, and all other super-
visory employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act. .
'The Field Examiner reported that the alleged appropuate unit consisted of approximately 1600
employees, and that the Union submitted 821 application cards.
2 These employees ate not supervisory within the meaning of ow customary definition
1450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees in
the appropriate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election herein, subject to
the limitations 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 Relations Board
Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with The Firestone Tire & Rubber
Company, Winston-Salem, North Carolina, 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 Fifth Region, 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 immediately 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 person at
the polls, but excluding any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by United
Rubber Workers of America, CIO, for the purposes of collective bargaining.
3 Although the Union requested that eligibility be determined by a pay-roll period nearest the date
it filed its petition herein , we perceive no reason to depart from our customary practice