United States Rubber Co.

National Labor Relations Board - Board Decisions

Jun 16, 1942

41 N.L.R.B. 1005 (N.L.R.B. 1942)

In the Matter of UNITED STATES RUBBER COMPANY , INDIANAPOLIS
BRANCH, INDIANAPOLIS , INDIANA and LOCAL No. 110 OF THE UNITED
RUBBER WORKERS OF AMERICA (CIO)
Case No. R-3845.-Decided Jude 16, 1942
Jurisdiction : rubber products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified, by the-Board; existing
contract about to expire, held no bar; prior certification operative for nearly a
year, held no bar to present determination of representatives; election
necessary.
Unit Appropriate for Collective Bargaining : All regular employees in the
machinists department of one of'the Company's plants, excluding employees
in the maintenance department, and supervisory, clerical and office employees.
Mr. C. G. Brown, of Indianapolis, Ind., for the Company.
Mr. Stanley Denlinger, 'of Akron, Ohio, and Mr. William Abel, of
Indianapolis, Ind., for the Union.
Mr. Robert E. Tillnuun, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local No. 110 of the United Rubber
Workers of America (CIO), herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of United States Rubber Company, New York City,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Arthur R.
Donovan, Trial Examiner. Said hearing was held at Indianapolis,
Indiana, on May 21, 1942. The Company and the Union appeared
and participated.' All parties were afforded full opportunity to:be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings, made at
the hearing; are free from prejudicial error and are hereby affirmed.
I International Association of Machinists ,' affiliated with the A F. of L, herein called
the I . A M, although served with notice, did not appear
41 N. L. R. B., No. 182.
1005
1006 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
- United States Rubber Company is aNew Jersey corporation engaged
in the manufacture and sale of rubber -products. Its principal office
is located in New York City, and it operates numerous plants through-
out the United States, including one at Indianapolis, Indiana, with
which this proceeding is concerned. The Company annually pur-
chases for use at its Indianapolis plant raw materials valued at more
than $500,000. More than 85 percent of these raw materials is shipped
to the plant in Indianapolis from sources outside the State of Indiana.
The Company's annual- sales of the products of the Indianapolis plant
are in excess of $750,000, more than • 85 percent of which represents
products shipped to customers outside the State of Indiana.2
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local No. 110 of the United Rubber Workers of America (CIO)
is a labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the Union had requested the Company
to recognize it as the exclusive bargaining agent of the Company's
employees in the machine shop of its Indianapolis plant, and that the
Company had refused to recognize the Union unless and until it is
certified by the Board.
On June 20, 1941, the I. A. M. was certified by the Board as the
eo1lective bargaining agent of employees of the machine shop.3 Since
that certification has been operative for nearly a year, it is no bar to
a present investigation of the question concerning represpntation.4
.- There is in existence a contract between the I. A. M. and the Com-
pany covering the machine-shop employees. This contract, executed
2 The above findings are based upon findings of fact made by the Board in Matter of
United States Rubber Company and United Rubber Workers of America Local #t11O,
affiliated with the C. I. 0, 30 N. L. R. B. 1074, issued April 10, 1941. The Company
stated that there had been no substantial change in the Company's business since these
,findings were made.
3 Matter of United States Rubber Company and United Rubber Workers of America Local
#2110, affiliated with the C. I. 0, 32 N. L. R. B. 121.
4Matter of LaPlant-Choate Manufacturing Co., Inc. and United Farm Equipment Workers
Organizing Committee, Local 116, affiliated with the 0. I. 0., 29 N. L. It. B. 40.
UNITED- STATES RUBBER COMPANY ` 1007
July 22, 1941, provides that it shall,remain in • effect ,for '1 year and
thereafter unless one of ,the parties gives 30 days' written. notice' to
• the other of -a desire to change 'it. No such notice has ' as yet been
given; however, the contract is not asserted as a bar -to 'a present
determination of representatives. - Since the fixed period of the con-
tract will expire on July 22; 1942, and the contract is thereafter sub-
' ject to termination upon 30 days' notice, it does not preclude the
Board from making an investigation and determining a bargaining
representative for the purpose of negotiating a new agreement for the
period following July 22, 1942.
A statement of the Regional Director introduced in evidence at the
hearing indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.5
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
We find, in accordance with a stipulation of the parties, that all
regular employees of the Company in the machinists department of
its, Indianapolis plant, -commonly known as department No. 56,
excluding employees in the maintenance department, and supervisory,
clerical and office employees, constitute 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 our Direction of
Election, subject to the limitations and additions set forth therein.
G The Regional Director stated that the Union submitted 27 application-for-membership
cards to him ; that all bore apparently genuine original signatures ; and that all 27
signatures are the names of persons whose names appear on the Company 's pay roll for
March 19, 1942, which pay roll contains the names of 29 persons employed in the ma-
chine shop , 2 of whom are supervisory employees
° This is substantially the same unit as that in which the I A. M. was certified as the
appropriate bargaining agent on June 20, 1941. That unit specifically included Timothy
Lenahan and Vernon Stidd. Lenahan is now a supervisor and the parties agreed to exclude
him as such . They further agreed that Stidd is still included in the unit.
1008 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Although the I. A. M. did not attend the hearing, it has an existing
bargaining contract with the Company for the unit herein found
appropriate. If the I. A. M. desires to participate in the election,
it shall notify the Regional Director for the Eleventh Region to that
effect, not later than five (5) days after the date of this Direction
of Election, whereupon its name will be placed upon the ballot. In
the absence of some such notice, its name will -not appear upon the
ballot.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DIREOrED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with United States
Rubber Company, New York City, at its plant in Indianapolis,
Indiana, 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 of Election, under the direction and supervision of the
Regional Director for the Eleventh Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 9, of said Rules and Regulations, among all employees
of the Company 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 such pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tem-
porarily laid off, but excluding those employees who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by Local No. 110 of the United Rubber Workers
of America (CIO), for the purposes of collective bargaining.