B. F. Goodrich Co.

In the Matter of B. F. GOODRICH COMPANY, EMPLOYER and PETRO- LEUM HAULERS, GARAGE, STATION AND PARKING ATTENDANTS LOCAL 103, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. L., PETITIONER Case No. 9-RC-547.Decided September 09, 1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before William Nai- mark, hearing officer. The hearing officer's rulings made at the hear- ing 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-member panel [Members Reynolds, Murdock, and Gray]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization involved claims to represent employees of the Employer. 3. No question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons: The Petitioner requests a unit of all service department employees of the Employer at its retail stores in Cincinnati and Norwood, Ohio, and Covington, Kentucky, and all employees in the Employer's recap plant in Cincinnati, Ohio. The Employer contends that the single unit sought by the Petitioner is inappropriate, and that only separate units for each of the stores and the recap plant are appropriate. The Employer, in addition to the manufacture of tires and tubes, operates a number of retail stores throughout the country in which it sells tires, tubes, and other automotive accessories. It has 9 stores in the Cincinnati, Ohio, area, of which but 3 are involved in this pro- ceeding. The Employer also has a recap plant adjacent to the Cin- cinnati store, where it recaps and retreads tires for the 9 retail stores and for its dealers. The unit sought by the Petitioner consists of 13 86 N. L. R. B., No. 39. 317 318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees of whom 4 are at the recap plant, 7 at the Cincinnati store, and one each at the other 2 stores. Each of the stores is operated in accordance with the general policies laid down by the Employer, and each is under the supervision of a store manager. The Cincinnati store manager also supervises the recap plant. A retail stores super- visor is in over-all charge of the 9 stores and recap plant in the Cincinnati district. The unit requested by the Petitioner does not conform to any geo- graphical pattern, nor does it embrace an administrative division of the Employer's operations. On the contrary, it is arbitrarily re- stricted to a portion of a single divisional operation of the Employer. The Petitioner has produced no evidence to justify a finding that three of the nine stores-in the Cincinnati district and the recap plant by themselves constitute an appropriate unit. We find, therefore, that the unit sought by the Petitioner is inappropriate,:, and, as the Peti- tioner has not made any alternative unit contention, we shall dismiss the petition.. ORDER IT IS HEREBY ORDERED that the petition for investigation and certi- fication of representatives of employees of B. F. Goodrich Company, Cincinnati, Ohio, filed by Petroleum Haulers, Garage, Station and Parking Attendants Local 103, International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America, AFL, be, and it hereby is dismissed. I Matter of C. Pappas Company, Inc., 80 N. L. R. B. 1272 ; Matter of Wyeth, Incorporated, 73 N. L. R. B. 684.