The Gates Rubber Co.

National Labor Relations Board - Board Decisions

Jul 14, 1938

8 N.L.R.B. 303 (N.L.R.B. 1938)

In the Matter of THE GATES RUBBER COMPANY and DENVER PRINTING
PRESSMEN AND ASSISTANTS UNION No. 40, AND DENVER TYPOGRAPHI-
CAL UNION, No. 49
Cases Nos. R-697 and R-698.-Decided July 14, 1938
Rubber Industry-Investigation of Representatives: controversy concerning
representation of employees . employer ' s refusal to recognize unions unless and
until each was chosen by majority of employees in a secret election-Units
Appropriate for Collective Bargaining: (1) employees in the letter press printing
department, excluding clerical employees ; (2) employees in the composing room,
stipulation as to-Representatives: proof of choice: comparison of lists of em-
ployees with union membership application cards, authorizations , and uncon-
troverted testimony concerning membership ; testimony of certain union members
and applicants for membership in union to the effect that they no longer wished
to be represented by the unions, held relevant-Certification of Representatives:
upon proof of majority status.
Mr. Charles A. Graham, for the Board.
Mr. Hudson Moore and Mr. Dayton Denious, of Denver, Colo., for
the Company. -
Mr. W. D. Ament, of Denver, Colo., for the Typographical Union.
Mr. S. W. Johnson, of Denver, Colo., for the Pressmen's Union.
Mr. Francis Hoague, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On March 7, 1938, Denver Typographical Union No. 49, herein
called the Typographical Union, and on March 10, 1938, Denver
Printing Pressmen and Assistants Union No. 40, herein called the
Pressmen's Union, filed with the Regional Director for the Twenty-
second Region (Denver, Colorado) separate petitions, each alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of The Gates Rubber Company, Denver,
Colorado, 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 At. On
March 22, 1938, the National Labor Relations Board, herein called
8 N L R. B., No. 35.
303
304 NATIONAL LABOR RELATIONS BOARD
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 3, of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for Ell appropriate
hearing upon due notice. The Board, acting pursuant to Article III,
Section 10 (c) (2), of said Rules and Regulations, further ordered
that the cases be consolidated for purposes of hearing.
On March 22, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the Typo-
graphical Union, and upon the Pressmen's Union. Pursuant to the
notice, a hearing was held on March 28 and 29, 1938, at Denver, Colo-
rado, before Waldo C. Holden, the Trial Examiner duly designated
by the Board. The Board and the Company were represented by
counsel, and the Typographical Union and the Pressmen's Union by
representatives. All parties participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
Thereafter the Company filed a brief in each case. The Board has
reviewed the rulings of the Trial Examiner and finds that no prejudi-
cial errors were committed. Except as set forth in Section VI hereof,
the rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY 1
The Gates Rubber Company is engaged at its plant in Denver,
Colorado, in the processing, fabrication, and manufacture of auto-
mobile tires, inner tubes, hose, v-belts, and similar products of the
rubber industry. Of the raw materials purchased by the Company
for its operations, approximately 75 per cent are shipped to the Com-
pany from outside the State. During 1937 the Company's gross sales
exceeded $11,000,000 in value, approximately $8,000,000 worth of
which were shipped to purchasers outside of Colorado.
The Company maintains at its plant a print shop which is princi-
pally engaged in printing stationery, forms for the office, factory,
and sales departments, labels to indicate the manner of shipment and
to designate the type of product, catalogues, advertising, and other
printed matter for use by the Company. The print shop is divided
I At the hearing counsel for the Board and counsel for the Company stipulated the facts
set out in this section.
DECISIONS AND ORDERS 305
into four departments. The instant proceedings involve only the em-
ployees of the letter press printing department and the composing
room.
II. THE ORGANIZATIONS INVOLVED
Denver Printing Pressmen and Assistants Union No. 40 is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to its membership all employees of the Company who work
in the letter press printing department, excluding clerical employees.
Denver Typographical Union No. 49 is a labor organization affili-
ated with the American Federation of Labor, admitting to its mem-
bership all employees of the Company who work in the composing
room.
III. THE QUESTION CONCERNING REPRESENTATION
In the latter part of February 1938, the Pressmen's Union and the
Typographical Union each sent a letter to the Company requesting a
conference to discuss collective bargaining on behalf of the employees
within the letter press printing department and the composing room,
respectively. At the hearing counsel for the -Company and counsel
for the Board stipulated that at conferences held March 8, 1937 and
March 14, 1937, respectively, the Company refused to bargain collec-
tively with either Union "unless and until each union was chosen by
the majority of the employees in a secret election."
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described 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 petitions of the Pressmen's Union and the Typographical
Union specified, counsel for the Company and counsel for the Board
stipulated, and we find, that the employees of the Company working
in the letter press printing department, excluding clerical employees,
on the one hand, and the employees of the Company working in the
composing room, on the other hand, constitute units appropriate for
306 NATIONAL LABOR RELATIONS BOARD
purposes of collective bargaining and that said units will insure to
employees of the Company the full benefit of their right to self-organ-
ization and to collective bargaining and otherwise effectuate the poli-
cies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
A. Letter press printing department
At the hearing, there was introduced in evidence a list of employees
in the letter press printing department as of March 7, 1938, showing
the names of 15 employees within the first of the units which we have
found above to be appropriate. There were also introduced in evi-
dence cards signed by 10 of the said 15 employees, authorizing the
Pressmen's Union to represent them for purposes of collective bar-
gaining. Eight of the cards were signed in September 1937 and two
in January 1938. The secretary-treasurer of the Pressmen's Union
testified that another of the said 15 employees was a member of the
Pressmen's Union of several years' standing. This testimony was
not controverted.
Two employees who had signed the authorization blanks testified
in response to questioning by counsel for the Company that they no
longer wished the Pressmen's Union to represent them. This testi-
mony was excluded by the Trial Examiner. We are of the opinion
that this testimony was relevant to the question whether the Press-
men's Union should be certified on the record as the bargaining rep-
resentative, and we therefore hold that the Trial Examiner erred in
excluding it. However, the evidence as to the authority of the
Pressmen's Union to represent nine employees remained unimpeached.
The Company introduced evidence relative to individual contracts
covering wages, hours, and working conditions, which it had made
with 10 employees within the appropriate unit, including 6 of the
employees who had previously signed cards designating the Press-
men's Union to represent them. The Trial Examiner refused, how-
ever, to permit the introduction in evidence of the individual
contracts. We find this ruling to be correct. The fact that an em-
ployee signs an individual contract cannot be held to reflect the desires
of such employee regarding representation and does not constitute
any bar to collective bargaining on his behalf.
We find that the Pressmen's Union has been designated and selected
by a majority of the employees of the Company in the letter press
printing department, excluding clerical employees, as their repre-
sentative for the purposes of collective bargaining. It is, therefore,
the exclusive representative of all the employees within such unit for
the purposes of collective bargaining, and we will so certify.
DECISIONS AND ORDERS 307
B. Composing room
At the hearing there was introduced into evidence a list of em-
ployees in the composing room as of March 3, 1938, showing the names
of eight employees within the second of the units which we have
found above to be appropriate . There were also introduced in evi-
dence forms signed by six of the said eight employees , applying for
membership in the Typographical Union. Five of the forms were
signed in February 1938, and one in September 1937 . We have
consistently taken the view that an application for member ship in a
union is adequate evidence of the desire of the applicant in regard
to representation , even though the applications have not been accepted
by the union at the time of the hearing. The secretary-treasurer of
the Typographical Union testified that another of the said eight
employees was a member of the Typographical Union of several
years' standing. This testimony was not controverted.
The Trial Examiner excluded testimony of two of the applicants
to the effect that they no longer wished the Typographical Union to
represent them. As stated above this exclusion was error, and we
will consider the testimony . However, evidence of the designation
of the Typographical Union as their representative by five of the
eight composing room employees remained unimpeached . The Com-
pany introduced evidence relative to individual contracts covering
wages, hours , and working conditions which it had made with six
employees, including five of the employees who had previously signed
applications for membership in the Typographical Union. The Trial
Examiner. refused, however, to permit the introduction in evidence of
the individual contracts . For reasons set out above , we find this
ruling to be correct.
We find that the Typographical Union has been designated and
selected by a majority of the employees of the Company in the com-
posing room as their representative for the purposes of collective
bargaining . It is, therefore , the exclusive representative of all the
employees within such unit for the purposes of collective bargaining,
and we will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Gates Rubber Company, Denver, Colo-
rado, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
117213-39-vol $--21
308 NATIONAL LABOR RELATIONS BOARD
2. The employees of the Company in the letter press printing
department, excluding clerical employees, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
3. Denver Printing Pressmen and Assistants Union No. 40 is the
exclusive representative of all the employees in such unit for the
purposes of collective bargaining, within the meaning of Section 9 (a)
of the National Labor Relations Act.
4. The employees of the Company in the composing room consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
5. Denver Typographical Union No. 49 is the exclusive representa-
tive of all employees in such unit for the purposes of collective bar-
gaining, within the meaning of Section 9 (a) 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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT Is HEREBY CERTIFIED that Denver Printing Pressmen and Assist-
ants Union No. 40 has been designated and selected by a majority of
the employees of The Gates Rubber Company, Denver, Colorado, in
the letter press printing department, excluding clerical employees, as
their representative for the purposes of collective bargaining and
that, pursuant to the provisions of Section 9 (a) of the Act, Denver
Printing Pressmen and Assistants Union No. 40 is the exclusive rep-
resentative of all such employees for the purposes of collective bar-
gaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment; and
IT Is HEREBY CERTIFIED that Denver Typographical Union No. 49
has been designated and selected by a majority of the employees of
The Gates Rubber Company, Denver, Colorado, in the composing
room, as their representative for the purposes of collective bargaining,
and that, pursuant to the provisions of Section 9 (a) of the Act,
Denver Typographical Union No. 49 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 conditions of
employment.