United States Rubber Co.

In the Matter Of UNITED STATES RUBBER COMPANY and SYNTIIEETIo RUBBER WORKERS LocAL 23438, A. F. OF L. In the Matter of UNITED STATES RUBBER COMPANY and UNITED RUBBER WORKERS OF AMERICA, C. I. O. Cases Nos. R-5864 and R-4865, respectively.-Decided September 14, 1943 Mr. G. A. Graham,, of Institute, W. Va., Mr. Charles H. Parcells, of New York City, and Mr. N. Gibson Madge, of Charleston, W. Va., for the Company. Mr. Martin C. Bowles, of Charleston, W. Va., for Local 23438. Mr. H. R. Lloyd, of Akron, Ohio, and Mr. Carl F. Swartz, of Charleston, W. Va., for the United. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon separate petitions duly filed by Synthetic Rubber Workers Local 23438, A. F. of L., herein called Local 23438, and United Rubber Workers of America, C. I. 0., herein called the United, alleging that questions affecting commerce had arisen concerning the representa- tion of employees of United States Rubber Company, Institute, West Virginia, herein called the Company, the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice before Thomas E. Shroyer, Trial Examiner. Said hearing was held at Charleston, West Virginia, on August 11, 1943, The Company, Local 23438, and the United appeared, participated, and 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. All parties were afforded opportunity to file briefs with the Board. 52 N. L. R. B., No. 99. 587 588 . 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 a New Jersey corporation oper- ating a plant at Institute, West Virginia, with which we are here concerned, where it is engaged in the manufacture of synthetic rub- ber. The Institute plant has an annual production schedule calling for 90,000 long tons of synthetic rubber, valued at $30,000,000. Most of the synthetic rubber is shipped to points outside the State of West Virginia. II. THE ORGANIZATIONS INVOLVED Synthetic Rubber Workers Local 23438 is a labor organization af- filiated with the American Federation of Labor, admitting to mem- bership employees of the Company. United Rubber Workers of America is a labor organization affil- iated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION The Company refuses to recognize Local 23438 or the United as the exclusive collective bargaining representative of any of its employees until they are certified by the Board. Statements of a Field Examiner of the Board and the Trial Exam- iner, introduced into evidence at the hearing, indicate that Local 23438 and the United each represents a substantial number of em- ployees in the production and maintenance unit hereinafter found to be appropriate, and that the United represents a substantial num- ber of employees in the guard unit.' We find that questions affecting commerce have arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 1 The Field Examiner reported that Local 23438 presented 204 membership application cards bearing apparently genuine signatures of persons whose names appear on a current pay'roll of the Company for the production and maintenance employees The Trial Exam- ler reported that the United presented 121 authorization cards bearing apparently genuine signatures of persons on a current pay roll of the Company for the production and main- tenance employees. There are approximately 383 employees in the production and mainte- nance unit The Field Examiner also reported that the United presented 36 membership application cards bearing apparently genuine signatures of persons whose names appear on a current pay roll of the Company for its guards . Local 23438 does not claim to repre- sent any of the guards . There are approximately 70 employees in the guard unit. UNITED STATES RUBBER COMPANY 589 IV. THE APPROPRIATE UNITS Local 23'438 and the United contend that all employees at the In- stitute plant of the Company, including unskilled non-confidential laboratory employees, but excluding supervisory, office; and plant- protection employees, constitute an appropriate unit. The United, in addition, urges that all plant-protection employees, excluding the captain, lieutenants, and sergeants, constitute an appropriate bargain- ing unit. The Company took no position with respect to the scope of the units. Evidence introduced at the hearing discloses that the em- ployees claimed by Local 23438 and the United constitute' well-defined- homogeneous groups.' Accordingly, we find that a unit of plant-pro- tection employees and a unit of the remaining employees are appro- priate. The only controversy with respect to the production and mainte- nance unit concerns unskilled non-confidential laboratory employees. Local 23438 and the United would include such employees in the unit, while the Company would exclude them. Such persons are non-tech- nical employees and are classified as analysts or sample boys. The record indicates that their duties are closely allied with those of the production and maintenance employees. Accordingly we shall include them in the unit. - We find that all employees at the Institute plant of the Company, including unskilled non-confidential laboratory employees, but ex- cluding office and plant-protection employees, laboratory employees, and 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. We find that all plant-protection employees at the Institute plant of the Company, excluding the captain, lieutenants, sergeants, and any other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit ap- propriate for the purposes of collective bargaining, within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the questions concerning representation which have arisen be resolved by means of elections by secret ballot among the employees in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. 590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTIONS 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 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with United States Rubber Company, Institute, West Virginia, elections 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 super- vision of the Regional Director for the Ninth 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: (1) The employees in the production and maintenance unit found appropriate in Section IV, above, who were employed during the pay- roll period immediately preceding the date of this Direction, includ- ing employees who did not work during 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 them- selves in person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by Synthetic Rubber Workers Local 23438, affiliated with the American Federation of Labor, or by United Rubber Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither. (2) The employees in the plant-protection 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 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, to determine whether or not they desire to be represented by United Rubber Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. CHAIRMAN MILLis took no part in the consideration of the above Decision and Direction of Elections.