Firestone Tire and Rubber Co.

In the Matter of FIRESTONE TIRE AND RUBBER COMPANY ( ATLANTA WAREHOUSE), EMPLOYER and UNITED AUTOMOBILE, AIRCRAFT, AGRI- CULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. 0., PETITIONER Case No. 10-R-2442.-Decided April 8,1947 Mr. H. F. Rosborg, of Atlanta, Ga., for the Employer. Mr. T. 0. Porter, of Atlanta, Ga., for the Petitioner. Mr. Lloyd S. Greenridge, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES Upon a petition duly filed, the National Labor Relations Board on January 29,1947, conducted a prehearing election among employees of the Employer in the alleged appropriate unit, to determine whether or not they desired to be represented by the Petitioner for the purposes of collective bargaining. At the close of the election, a Tally of Ballots was furnished the parties. The Tally shows that there were approximately 33 eligible voters, of whom 26 voted, all for the Petitioner. Thereafter, a hearing was held at Atlanta, Georgia, on February 19 and 24, 1947, before Charles M. Paschal, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Firestone Tire and Rubber Company, an Ohio corporation, main- tains plants, factories and warehouses throughout the United States, including a warehouse located in the city of Atlanta, Georgia. At the Atlanta warehouse, which is alone involved in this proceeding, the Employer receives and distributes merchandise of all kinds, including household goods, paints, sporting goods and related products. During 1946, the Employer received at its Atlanta warehouse, merchandise 73 N. L. It. B., No. 45. 243 244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD valued at more than $1,000,000, approximately 75 percent of which was shipped from outside the State of Georgia. During the same period, the Employer shipped from this warehouse, merchandise valued at more than $1,000,000, of which approximately 60 percent was shipped outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of.the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress ,of Industrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT In accordance with an agreement of the parties, we find that all warehouse employees of the Employer at its warehouse in Atlanta, Georgia, excluding all office employees and supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The results of the election held before the hearing show that the Petitioner has secured all of the valid votes cast. Accordingly, we shall certify the Petitioner as the collective bargaining representative of the employees in the appropriate unit. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that United Automobile, Aircraft, Agricul- tural Implement Workers of America, C. I. 0., has been designated and selected by a majority of the employees in the unit described in Section IV, above, as their representative for the purposes of collec- FIRESTONE TIRE AND RUBBER COMPANY 245 Live bargaining and that, pursuant to Section 9 (a) of the Act, the said organization is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Certification of Representatives.