The Goodyear Synthetic Rubber Corp.

National Labor Relations Board - Board Decisions

Mar 21, 1946

66 N.L.R.B. 992 (N.L.R.B. 1946)

In the Matter of THE GOODYEAR SYNTHETIC RUBBER CORPORATION
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
UNION No. 716, A. F. of L.
Case No. 16-R-1402.-Decided March 21, 1946
Messrs J. M. Jolly and Walter L. Parr, of Houston, Tex., for the
Company.
Messrs. J. W. Null and D. J. Cook, of Houston, Tex., for the IBEW.
Mr. Arnold Ordman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT or THE CASE
Upon a petition duly filed by International Brotherhood of Elec-
trical Workers, Local Union No. 716, A. F. of L., herein called the
IBEW, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Goodyear Synthetic
Rubber Corporation, Houston, Texas, herein called the Company,'
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Earl Saunders, Trial Examiner.
The hearing was held at Houston, Texas, on November 15, 1945. The
Company and the IBEW appeared and participated.2 All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. Both the Company and
the IBEW filed briefs with the Board which have been accorded
careful consideration.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Goodyear Synthetic Rubber Corporation, an Ohio corporation
1 The correct name of the Company is as herein designated
2 Houston Labor and Trades Council, A F of L, although served with notice of hear-
ing, failed to appear.
66 N. L . R. B., No. 122.
992
THE GOODYEAR SYNTHETIC RUBBER CORPORATION 993
with its home office in Akron, Ohio, has plants located in Houston,
Texas, Akron, Ohio, and Torrance, California. The Company is
wholly owned by the Defense Plant Corporation. All the products
of the Company, which is engaged in the manufacture of synthetic
rubber, are owned by, and shipped pursuant to the orders of, the
Rubber Reserve Company. During the 6 months immediately pre-
ceding the date of the hearing in this matter, the Houston plant a
of the Company, the plant involved in the present case, produced
approximately 5,000 long tons of synthetic rubber, all of which the
Company shipped to points outside the State of Texas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, Local Union
No. 716, is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The IBEW seeks a unit of all electricians and instrument men
at the Company's Houston, Texas, plant. The Company contends
that this unit is inappropriate inasmuch as these employees have
heretofore been represented as part of a larger unit by the Houston
Labor & Trades Council, A. F. of L.. hereinafter called the Council.
The Council represents an aggregate of seven affiliated unions among
which is the IBEW. About 4 months before the hearing in this
case, the Council wrote a letter to the Company indicating that it
was opposed to having the grouping here sought by the IBEW split
off from the unit it represented.
It appears from t4e record that the plant invovled commenced
operations about October 1943. On March 2, 1044, the Regional
Director for the Sixteenth Region issued two Consent Determina-
tions of Representatives 4 in one of which the Council was determined
to be the exclusive representative of all the production and mainte-
nance employees at the Company's Houston, Texas, plant, excluding
machinists and their helpers, repair mechanics and machinists'
welders. Subsequent thereto, an agreement was negotiated and
signed by the Company and the Council. The IBEW played an
active role through its business agent in negotiating this agreement,
S The plant is actually located just outside the city limits of Houston.
'16-R-482.
fi In the second , International Association of Machinists, A. F. of L, was determined
to be the exclusive representative of these excluded classifications.
686572-46-64
994 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
under the terms of which the electricians and instrument men have
since been represented by the Council. The provisions of the agree-
ment relative to wages, hours, and working conditions are drawn
without reference to craft interests. With respect to grievance
procedure, the agreement provides that when the craft steward is
unable to adjust the grievance, Council machinery is to be used to
effect a settlements
The IBEW contends that it represents employees in a recognized
craft, and that their interests would be best served by bargain-
ing through their own representative and prosecuting their own
grievances. In addition, the IBEW calls attention to the fact that
the agreement with the Council recognizes the distinctions between
crafts, even providing for allocation of appropriate work to appropri-
ate crafts, and to none other, except in cases of emergency. This pro-
vision, however, Article I C of the agreement, is not necessarily
significant as to the issue of severing a separate craft unit.'
Furthermore, it is manifest that the electricians and instrument
men have consciously merged their interests with those of the em-
ployees in the comprehensive unit represented by the Council, and
have participated in the benefits of collective bargaining upon a
broader basis than the craft unit sought herein. Moreover, we note
that the electrical and instrument departments, along with others,
are merely subdivisions of the Maintenance Division, and come under
the immediate supervision of the Master Mechanic. These employees,
therefore, do not constitute a group under separate supervision.
Accordingly, we find that the unit sought by the IBEW is inappro-
priate for the purposes of collective bargaining.8
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since the bargaining unit sought to be established by the petition
is inappropriate, as stated in Section III, above, we find that no
question has arisen concerning the representation of employees of
the Company in-an appropriate unit.
ORDER
Upon the basis of the foregoing findings of fact, the National
Labor Relations Board hereby orders that the petition for investiga-
tion and certification of representatives of employees of The Good-
year Synthetic Rubber Corporation, Houston, Texas, filed by
International Brotherhood of Electrical Workers, Local Union No.
716, A. F. of L., be, and it hereby is, dismissed.
6 The fact that neither the electricians nor the instrument men found it necessary to
go beyond the craft steward does not nullify the effect of the clause in the agreement
providing for Council intervention if the need arose
? See Matter of Todd-Johnson Dry Docks , Inc . 18 N L . R B 973.
'See Matter of Geneaal Tire and Rubbet Company , 16-R-1361 , 66 N L R B. 453.