Firestone Tire & Rubber Co.

In the Matter of FIRESTONE TIRE & RUBBER COMPANY and UNITED AUTO- MOBILE WORKERS LOCAL UNION 824, A. F. L. Case No. 18-R-1024.-Decided July 14,'1944 Mr. H. G. Nilles, of Fargo, N. D., for the Company. Mr. W. W. Murrey, of Fargo, N. D., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Automobile Workers Local Union 824, A. F. L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- -ployees of Firestone Tire & Rubber Company, Fargo, North Dakota, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Clarence A. Meter, Trial Examiner. Said hearing was held, at Fargo, North Dakota, on June 22, 1944. The Company and the Union appeared, participated, and were afforded full opportunity to be heard,, to ex- amine 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. Upon the entire record in the case,'the Board makes the following: FINDINGS OF FACT . I. THE BUSINESS OF, THE COMPANY Firestone Tire & Rubber Company is an Ohio corporation operating a plant at Fargo, North Dakota, where it is engaged in the retread and repair of tires and tubes. The Company uses raw materials valued in excess of $12,000 monthly at its retread shop, all of which is shipped to it from points outside the State of North Dakota. During the same period the Company sells products valued nt about $20,000, 5 to 10 57 N. L. R. B., No. 63. 342 FIRESTONE TIRE & RUBBER COMPANY . '343 percent of which is shipped to points outside the State of North' Dakota. - We find that the Company is engaged in commerce within the mean- iug-of the. National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Automobile Workers Local Union 824 is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive collec- tive bargaining representative of its employees involved herein until such time as the Union is certified by the Board. ,A statement of a Field Examiner of the Board, introduced into evi- dence at,,,tlze,hearing,.indicates that the Union represents-a substantial number of employees in the unit hereinafter found to be 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 The Union urges that all production and maintenance employees at the retread shop of the Company at Fargo, North Dakota; including the shipping clerk and his helper, but excluding office employees, the manager, and foremen, constitute an appropriate unit. There seems to be disagreement with respect to the shipping clerk and his helper. The shipping clerk and his helper check incoming tires and raw materials.,. Although they make out billing orders for finished prod- ucts; they spend about-75'percent of their time handling tires or raw materials. The record indicates that their work is closely integrated with that of the production employees. Accordingly, we find that the shipping.clerk and his helper should be included in the unit. We find that all production and maintenance employees at the retread shop of the Company'at Fargo, North Dakota, including the shipping clerk and his helper, but excluding office employees, the manager, foremen, and any other supervisory, employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 1 The Field Examiner reported that the Union presented 14 meniheiship cards There are approximately 20 employees in the appropriate unit. N 344 DECISIONS ',OF ; NATIONAL ' LABOR RELATIONS BOARD V: THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning represent4iom 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 the Direction of Election herein, subject to the limitations and additions set forth in the Direction. Newly hired'-eniployees are subject to a 2-week trial period before they are considered regular employees. The Company bas''t*o em- ployees who had been employed at the time of the hearing about 2 weeks and 1 month, respectively. Although the Company has delayed giving them permanent status, there is no difference in their working conditions from' those of the regular employees. -Since there is no substantial difference in the status of probationary eniployees,,;de find that they are eligible to vote in the election. DIRECTION OF ELECTION , • By virtue of and pursuant to the power vested ii 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 Rela- tions Board Rules and Regulations-Series•3, it is hereby" DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes- of collective -bargaining with Firestone Tire & Rubber Company, Fargo,'North Dakota, an election'bysecret- ballot shall be conducted as early as possible, but hOtlater than thirty (30) days from the date of'this Direction, under the direction' Rnd super= vision of the Regional Director for the Eighteenth Region,` actinb in this rh tter as agent for the National Labor Relations Board, and sub- ject 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 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 aCthe polls, but' excluding any who have since quit or been discharged for cause and who have not .been- rehired or reinstated prior to the date of the election) to determine whether or not they desire to be represented by United Automobile Workers Local Union 824, affiliated with the American Federation of Labor, for the purposes of, collective .bargaining. -