Firestone Rubber & Latex Products Co.

In the Matter of FIRESTONE RUBBER & LATEX PRODUCTS COMPANY and AMERICAN FEDERATION OF LABOR Case No. 1-R-2395.-Decided June 15, 1945 Mr William S. Brandy, of New Bedford, Mass., for the Company. Mr. Edward A Raleigh, of Boston, Mass., for the A F of L. Rothbard, Harris & Talisman, by Mr. Clarence Talisman, of Newark, N. J., for the United. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by American Federation of Labor, herein called the A. F. of L., alleging that a question affecting commerce had arisen concerning the representation of employees of Firestone Rubber & Latex Products Company, Fall River, Massachuetts, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Samuel G. Zack, Trial Examiner. Said hearing was held at Fall River, Massachuetts, on May 23, 1945. At the commence- ment of the hearing, the Trial Examiner granted a motion of United Rub- ber Workers of America, Local 261, C. I. 0 , herein called the United, to intervene. The Company, the A. F. of L., and the United appeared, partici- pated, 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 preju- dicial 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 Rubber & Latex Products Company is a Massachuetts cor- poration operating a plant at Fall River, Massachusetts, where it is en- 62 N. L. R. B., No. 64. 445 446 UGC,ISIONS OF NATIONAL LABOR RELA T IONS BOARD gaged in the manufacture of rubber, plastic, and allied products. During its fiscal year ending October 31, 1944, the Company purchased raw ma- terials valued at about $10,000,000, approximately 55 percent of which was shipped to it from points outside the Commonwealth of Massachu- setts. During the same period, the Company sold goods valued at about $20,000,000, approximately 75 percent of which was shipped to points outside the Commonwealth of Massachusetts. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATIONS INVOLVED American Federation of Labor is a labor organization admitting to mem- breship employees of the Company. United Rubber Workers of America, Local 261, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 24, 1944, the Company and the United entered into a main- tenance-of-membership contract. The contract provided that it should con- tinue in effect until March 23, 1945, and from year to year thereafter un- less 30 days' notice was given by either party thereto prior to any annual expiration date. Between February 15 and 20, 1945, the United notified the Company of its desire for changes in the contract. Conferences be- tween the Company and the United took place thereafter, during which period the United and the Company agreed orally to extend the existing agreement for two 30-day periods beyond its expiration (late of March 23, 1945. On March 22, 1945, the A. I` of L., claiming to represent a majority of the employees, requested the Company to recognize it as the exclusive collective bargaining representative of the Company's employees On April 5, 1945, the A. F. of L. filed its petition herein. On May 21, 1945, the Company and the United entered into a new contract to expire on May 20, 1946. However, many substantive provisions of the new agreement were submitted to the National War Labor Board for determination and were still pending at the time of the hearing in the instant proceeding. The United contends that inasmuch as the contract of March 24, 1944, was orally extended prior to the A. F. of L.'s claim, said contract consti- tutes a bar to the instant proceeding, and further, that its new agreement of May 21, 1945, also constitutes a bar. This Board often refuses to con- duct representation investigations where there are in existence collective bargaining contracts which evidence that stability of labor relations has been attained. Experience has indicated that true stability of labor rela- . FIRESTONE RUBBER & LATEX PRODUCTS COMPANY 447 tions is not attained until collective agreements have been reduced to writ- ing and signed.' Consequently the oral extensions did not render the claim of the A. F. of L. untimely The contract of March 24, 1944, was pre- cluded from being automatically renewed by the United's request for ne- gotiations during February 1945; since the A. F. of L. asserted its claim to recognition before the agreement of May 21, 1945, was signed, that agreement is no bar to a present determination of representatives 2 A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the A. F. of L. represents a substantial number of employees in the unit hereinafter found to be appropriate 3 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Sec- tion 9 (c) and Section 2'(6) and (7) of the Act. IV THE APPROPRIATE UNIT We find, in substantial agreement with the parties, that all hourly paid production and maintenance employees of the Company, excluding factory office clerks, office employees, plant-protection employees, confidential sal- aried employees, executives, foremen, full-time supervisors, and any other supervisory employees with authority to hire, promote, discharge, disci- pline. 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 (h) of the Act.' V THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period imme- diately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth below and in the Direction. The Company employs about 212 persons on a part-time basis who report for work regularly each day with the Company and work 3 to 4. hours daily. They are accorded the same treatment as the regular employ- ees, work under the same conditions, receive the same rate of pay, and are subject to the same supervision In view of the regularity of the em- ployment of these persons and the number of hours they work each week, i See H J Heinz v. N L R B, 311 U S 514 2 See Matter of Eicor, Inc , 46 N L. R B 1035 'The statement shows that the A F. of L submitted 624 membership application caids There are approximately 2,856 employees in the appropriate unit The United did not present any evidence of representation, but relies upon its contract as evidence of its interest in the instant proceeding The March 24, 1944, contract between the Company and the United, alluded to above, contains a maintenance-of-membership clause In view of this fact. rte find that the A F of L s showing of interest is sufficient (This is substantially the same unit as provided foi iu the contract between the Company and the United 448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD we conclude that they have a sufficient interest in the selection of a bar- gaining representative So entitle them to vote in the election. The Company employs a second group of part-time employees, number- ing about 25, who report for work at their own discretion and work as little as from 12 to 15 hours per week. They are not employed on any regu- lar schedule. In view of the irregular and casual nature of their employ- ment, we conclude that they do not have a sufficient interest to entitle them to vote in the election. The Company employs a third group of part-time employees who are marines and sailors temporarily stationed at a United States Naval Base located several miles from the Company's plant. These sailors and marines perform work for the Company on their own time and their hours of employment with the Company depend upon their duties at the United States Naval Base. Inasmuch as these sailors and marines work on irreg- ular schedules and for indefinite periods of time, we conclude that they are not eligible to vote in the election. 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 Relations Act, and pursuant to Article III , Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Firestone Rubber & Latex Products Company, Fall River, Massachusetts , 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 , under the direction and supervision of the Regional Director for the First 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 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 at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by American Federation of Labor, or by United Rubber Workers of America, Local 261, C. 1. 0., for the purposes of collective bargaining , or by neither.