B. F. Goodrich Co.

In the Matter of B. F. GOODRICH COMPANY (COPOLYMER PLANT) and PIPE FITTERS LOCAL No. 522, A. F. OF L. Case No. 9-R-2013.-Decided April 16, 1946 Mr. G. if. Wilson, of Louisville, Ky., for the Company. Mr. Harold Cohen, of Louisville, Ky., for the A. F. of L. Mr. Robert E. ,S'uuff, of Akron, Ohio, and Mr. Edward Wertz, of Louisville, Ky., for the C. I. O. Mr. Jerome J. Dick, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Pipe Fitters Local No. 522, A. F. of L., herein called the A. F. of L., alleging that a question affecting com- merce had arisen concerning the representation of employees of B. F. Goodrich Company (Copolymer Plant), Louisville, Kentucky, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Harold M. Weston, Trial Examiner. The hearing was held at Louisville, Kentucky, on February 20, 1946. At the hearing, the Trial Examiner granted the motion of United Rubber, Cork, Linoleum and Plastic Workers of America, C. I. 0., herein called the C. I. O., to intervene in the pro- ceeding. The Company, the A. F. of L., and the C. I. O. appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. At the hearing, the C. I. O. moved to dismiss the proceeding on various grounds. For reasons stated in Sections III and IV, infra, the motion to dismiss is denied. 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 Or FACT 1. THE BUSINESS OF THE COMPANY B. F. Goodrich Company is a New York corporation, with its prin- cipal office and place of business in Akron, Ohio. It is engaged in 67 N. L. R B., No. 50. 358 B. F. GOODRICH COMPANY 359 the manufacture, sale, and distribution of a variety of rubber and synthetic rubber products, and operates several plants in various parts of the United States. The Company's Copolymer Plant in Louisville, Kentucky, is solely involved in this proceeding. At this plant the Company manufactures synthetic rubber for tires and tubes. During the year 1945, the Company used raw materials at its Copolymer Plant exceeding $1,000,000 in value, more than 30 percent of which was shipped from points outside the Commonwealth of Kentucky. During the same period, the Copolymer Plant's finished products exceeded $2,000,000 in value, all of which was shipped to points out- side the Commonwealth of Kentucky. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. 11. THE ORGANIZATIONS INVOLVED Pipe Fitters Local No. 522, is a labor organization affiliated with the American Federation of Labor, admitting to membership em- ployees of the Company. United Rubber, Cork, Linoleum and Plastic Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. TIIE QUESTION CONCERNING REPRESENTATION On or about January 4, 1945, the Company and the C. I. O. entered into a contract containing the following termination clause: This Agreement shall be in effect for the year ending January 4, 1946, and for like yearly periods thereafter unless notice of intention to terminate or revise such Agreement is given in writ- ing by any of the parties hereto at least thirty (30) days prior to the expiration date. If such notice further sets forth that either party hereto desires to place in effect for the succeeding year a revised Agreement, then it shall be the duty of the parties hereto to confer for the purpose of negotiating such a revised agreement. Thereafter, on or about November 27, 1945, the A. F. of L. advised the Company that it desired recognition as the exclusive bargaining representative for all of the Company's welders and temperature control men. The Company replied that it could not accord the recog- nition sought because of its contracts with other labor organizations. On December 3, 1945, the A. F. of L. filed its original petition herein, which averred that a unit of welders and temperature control men was appropriate. However, on January 5, 1946, it discovered that the employees it sought to represent were classified by the Company as instrument repairmen. Accordingly, the A. F. of L. corrected the 360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD error in its original petition by filing 'an amended petition on January 10, 1946, alleging as appropriate a grouping of instrument repairmen A and B, and instrument repairmen trainees. Asserting that the unit set forth in the original petition varies from the unit described in the amended petition, and that the amended peti- tion was filed after the 1945 effective date of the automatic renewal clause in its agreement with the Company, the C. I. O. contends that this contract constitutes a bar to the present proceeding. But it is apparent from the record that the terms "temperature controlmen" and "instrument repairmen" are virtually synonymous. Moreover, it is clear that the Company was fully aware when the A. F. of L. made its rival claim to representation and filed its original petition, that this organization desired to represent the instrument repairmen. Thus, inasmuch as the assertion of the claim and the filing of the original petition antedated the 1945 operative date of the automatic renewal clause in the agreement between the Company and the C. I. 0., we find that this contract does not preclude a present determination of representatives.' A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the A. F. of L. represents a substantial number of employees in the unit it alleges 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 DETERMINATION OF REPRESENTATIVES As already indicated the A. F. of L. seeks a unit composed of instrument repairmen A, instrument repairmen B, and instrument repairmen trainees employed at the Company's Copolymer Plant in Louisville, Kentucky, excluding supervisory employees. On the other hand, the C. I. O. contends that this unit is inappropriate in view of the past bargaining history at the plant. The Company takes a neutral position on this issue. The instrument repairmen are skilled employees whose jobs require about 2 years of training. They service instruments that regulate temperature, pressure, and flow. Forming a separate section of the maintenance department, they work under a separate supervisor, and report for work at their own shop which is physically separated from the plant proper. Instrument repairmen spend half their time in i See Matter of Craddock-Terry Shoe Corp , 55 N. L. R. B. 1406 ; Matter of Portland Lumber Mills, 56 N L. R. B. 1336 2 The Field Examiner reported that the A. F. of L. submitted cards bearing the names of eight employees listed on the Company's pay roll of December 7, 1945, and that the cards are dated October and November 1945 The C I 0 submitted no cards, rely- ing on its contract with the Company as evidence of its interest. There are approximately nine employees in the unit alleged by the A. F. of L. to be appropriate. B. F. GOODRICH COMPANY 361 their shop and the remainder of their time making necessary repairs in various parts of the plant itself. In 1943, pursuant to an election held by direction of the Board; the C. I. O. was certified as the bargaining representative of the Company's production and maintenance employees, exclusive of elec- tricians and firemen and oilers ,4 machinists and journeymen steam- fitters and pipefitters,l office clericals, plant protection employees and supervisory employees." There was no question raised as to the pro- priety of including the instrument repairmen in the unit. The C. I. O. and the Company then entered into a contract, dated November 24, 1943, covering the employees in this unit. During 1944, the C. I. O. actively bargained for the instrument repairmen, and succeeded in securing for them an increase in wages which was approved by the National War Labor Board. In addition, two of the instrument repairmen were C. I. O. shop stewards at various times during that year. Subsequently, the C. I. O. and the Company entered into a new contract, dated January 4, 1945, containing a maintenance of membership provision.' Shortly thereafter, however, the instrument repairmen withdrew from the C. I. O. under a 15-day escape clause in the contract, and since that time no instrument repairman has been a shop steward and no instrument repairman has availed himself of the grievance procedure set forth in the contract. In view of the brief history of collective bargaining preceding the withdrawal of the instrument repairmen from the C. I. 0.; the with- drawal itself; and the further fact that the instrument repairmen constitute a well-defined, skilled and functionally cohesive group, physically segregated and under separate supervision, we are of the opinion that these employees may be bargained for as a separate unit. We are also of the opinion, however, that the instrument repairmen may continue to be bargained for as part of the production and main- tenance unit, considering that they were treated as included within this comprehensive grouping and that their work is somewhat related to that of the production employees. We shall, therefore, defer our 4 Matter of B. F. Goodrich Company ( Copolymer Plant ), 51 N. L. R. B. 872. 4 International Brotherhood of Electrical Workers , Local Union No 369, A F. of L.. and International Brotherhood of Firemen and Oilers, Local No 320, A F . of L, had already been certified by the Board as the representatives of the Company 's electricians and firemen and oilers, respectively . See Matter of B. F Goodrich Company (Copolymer Plant ), 49 N L R B 152 1 International Association of Machinists , and United Association of Journeymen Steam- fitters and Steamfitters Helpers, A F. of L, the immediate predecessor of the A. F. of L., were certified by the Board as the representatives of the Company's machinists and jour- neymen steamfitters and pipefitters, respectively , at the time the C I. O. was certified as the representative of the employees in its unit 6In 1945, the Board directed "Globe" elections among the Company's carpenters and painters, and later certified International Brotherhood of Painters , Decorators and Paper Hangers of America, Local Union No . 118, A F of L , and Falls City Carpenters ' District Council; A. F. of L , respectively , as the representatives of these employees. 7 It is this agreement which was raised as a bar ( see Section III, supra). 362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD determination of the appropriate unit. Such determination shall rest, in part, upon the desires of the instrument repairmen as reflected by the results of the election we hereinafter'direct. We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among instrument repairmen A, instrument repairmen B, and instrument repairmen trainees employed by the Company at its Copolymer Plant, Louisville, Kentucky, excluding all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, who were employed during the pay-roll period immediately preceding the date of the Direc- tion of Election herein, subject to the limitations and additions set forth in the Direction. If the instrument repairmen vote for the A. F. of L. they will be taken to have indicated a desire to be bargained for as a separate appro- priate unit. If they vote for the C. I. O. they will be taken to have indicated a desire to continue to be bargained for as part of the produc- tion and maintenance unit now represented by that organization. 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 representa- tives for the purposes of collective bargaining with B. F. Goodrich Company (Copolymer Plant), Louisville, Kentucky, 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 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 Regula- tions, among employees in the voting group described 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 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, to determine whether they desire to be represented by Pipe Fitters Local No. 522, A. F. of L., or by United Rubber, Cork, Linoleum and Plastic Workers of America, C. 1. 0., for the purposes of collective bargaining, or by neither.