Cleveland Plastics, Inc.

In the Matter of CLEVELAND PLASTICS, INC., EMPLOYER and LOCAL, 217, INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. 0., PETI- TIONER Case No. 8-RC-320.-Decided January 31, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The Employer is an Ohio corporation with its principal office and plant located in Cleveland, Ohio. It is engaged in the manufac- ture of plastic wall tiles and, since October 1948, in the manufacture of plastic refrigerator parts. It contemplates the purchase of addi- tional equipment and the expanded production of refrigerator parts. Since its organization in January 1948, the Employer has purchased raw material known as polystyrene in the amount of approximately $10,000 each month, all of which is shipped to it from points outside the State of Ohio. The gross sales of its finished products have averaged from $14,000 to $15,000 a month, with 80 percent of its production being in wall tiles and the remainder in refrigerator parts. Its entire pro- duction of refrigerator parts is sold to the Westinghouse Electric Cor- poration at Mansfield, Ohio, which plant has been found by the Board to be engaged in commerce within the meaning of the Act.' The Em- ployer's entire production of wall tiles is sold to two wholesale dis- tributing firms located in Cleveland and Akron, Ohio. The record *Reynolds , Murdock, and Gray. 1 See Matter of Westinghouse Electric and Manufacturing Company, 24 N. L. It. B. 601; 42 N. L . R B. 417. We take judicial notice of the change in the corporate name of West- inghouse Electric & Manufacturing Company to Westinghouse Electric Corporation. 81 N. L. R. B., No. 68. 402 CLEVELAND PLASTICS, INC. 403 indicates that the wall tiles find their principal use in building con- struction. We find, contrary to the contention of the Employer, that it is en- gaged in commerce within the meaning of the Act .2 2. The Petitioner is a labor organization claiming to represent employees of the Employer. 3. We find that a question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks a unit of production and maintenance employees excluding office and clerical employees, professional em- ployees, guards, and supervisors, as defined in the Act. The parties are in substantial agreement as to the unit sought except that the Peti- tioner would exclude and the Employer include certain part-time employees.3 The record shows that of these part-time employees, two 4 have full-time employment elsewhere. In their part-time employment they have averaged approximately 50 hours of work a month during 3 months of employment. They have no regular work schedule. They are offered employment only when the Employer has certain tiles which require special packing, or when a regular employee is temporarily absent. The acceptance of this part-time employment is subject to the demands of their regular employment. A third part-time employee 5 has, because of poor health, worked at irregular intervals only a total of 48 hours in 2 months and is subject to call under the same circumstances as are the other part-time employees. A fourth part-time employee 6 works regularly almost a full-time schedule and has expectations of regular full-time employment.' Because of the casual nature of their employment and the secondary call upon the individual's time, we shall exclude from the unit all part-time employees without regular work schedules 8 However, we shall include therein D. H. Marcy and all regular part-time em- ployees.9 We find that all production and maintenance employees of the Employer at its Cleveland, Ohio, plant, including regular part-time 2 See , Matter of Btnns Passaic Iron & Brass Foundry, 77 N. L. R. B. 380 . See also Matter of Akron Brick & Block Company, 79 N. L. R. B 1253. The part-time employees are M. Kornaker, K. Krivos, V. O'Malia, and D. H. Marcy. M Kornaker and K. Krivos. V. O'Malia. 6 D. H. Marcy. This employee is considered a part-time employee because he was origi- nally employed by the Employer as a salesman and because he still devotes a few hours of his own time each week to sales activities on behalf of the Employer. ' The Petitioner during the course of the hearing indicated that it had no real objection to including D H. Marcy in the requested unit 8 See Matter of W C Nabors Company, 79 N. L. R B. 40 9 Matter of American Lawn Mower Company, 79 N. L. R. B. 367. 829595-50-vol 81-27 404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees," but excluding part-time employees without regular work schedules,11 office and clerical employees, professional employees, guards, and supervisors as defined in the Act, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Eighth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also exclud- ing employees on strike who are not entitled to reinstatement, to deter- mine whether or not they desire to be represented, for purposes of collective bargaining, by Local 217, International Union, United Automobile, Aircraft and Agricultural Implement Workers of Amer- ica, C. 1. 0. 10 Among employees in this category is employee D. H. Marcy. 11 Among employees in this category are employees M. Kornaker, K. KrIvos, and V. O'Malia.