The Firestone Tire and Rubber Co.

In the Matter of THE FIRESTONE TIRE AND RUBBER COMPANY, EM- PLOYER and UNITED RUBBER, CORK, LINOLEUM R PLASTIC WORKERS OF AMERICA, INDUSTRIAL UNION ( CIO) , PETITIONER Case No. 8-R-24417.-Decided April 8, 1947 Messrs. Harold Mull and R. M. Stacy, of Akron, Ohio, for the Employer. Messrs. Robert E. Shuff and Rex Murray, of Akron, Ohio, for the Petitioner. Mr. Bernard L. Balicer , of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES Upon a petition duly filed, the National Labor Relations Board on December 20, 1946, 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 purpose of collective bargaining. At the close of the election, a Tally of Ballots was furnished the parties. The Tally shows that of the approximately 110 eligible voters, 89 cast ballots, of which 78 were for the Petitioner, 6 were cast against Petitioner, 5 ballots were challenged, and 1 ballot was void. Thereafter, a hearing was held at Akron, Ohio, on February 17, 1947, before Richard C. Swander, 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 1. THE BUSINESS OF THE EMPLOYER The Employer is an Ohio corporation engaged in the manufacture of rubber and rubber products. In the manufacture of its finished products during the past fiscal year, the Employer utilized raw mate- rials, principally synthetic and natural rubber, fabric and bead wire, 73 N. L. R. B., No. 46. 246 THE FIRESTONE TIRE AND RUBBER COMPANY 247 valued in excess of $1,000,000, 50 percent of which originated outside the State of Ohio. During the same period the finished products manufactured by the Employer exceeded $1,000,000 in value, more than 50 percent of which was shipped by the Employer from Akron, Ohio, to points outside the State of Ohio. 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 meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties agree generally that the appropriate unit should com- prise all employees of the Employer in its Akron District Warehouse, excluding supervisors and main warehouse office clerical employees. They are in dispute, however, as to the status of four "senior clerks" employed in the warehouse, whose ballots were challenged at the election. The Employer contends that although the senior clerks spend almost all their working time in the warehouse, they do clerical work and consequently should be excluded from the unit. The Petitioner urges their inclusion. The record shows that although senior clerks are employed both in the main office and in the warehouse, the main office senior clerks work office hours, do not punch a time clock, are under the supervision of and receive pay increases through the office manager, observe the office vacation schedule, and perform clerical work in the office only. The senior clerks in the warehouse, on the other hand, work warehouse hours, punch a time clock, are responsible to the warehouse supervisors and foremen, observe the warehouse vacation schedule, and do mis- cellaneous clerical work almost entirely in the warehouse. Occasionally they perform manual labor in the warehouse. Inasmuch as the senior clerks in the warehouse work in close contact with and under the same supervision as the warehouse employees, we are of the opinion that 248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD their duties and interests warrant their inclusion in the same unit; we shall include them. We find that all employees of the Employer 2 in its Akron District Warehouse, including warehouse senior clerks, but excluding office clerical 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 collective bargaining within the meaning of Section 9 (b) of the Act.3 Inasmuch as the results of the election held prior to the hearing show that the Petitioner has received a majority of the valid votes cast and that the challenged ballots are insufficient in number to affect the results of the election, we shall not direct that the challenged ballots be opened and counted, but will certify the Petitioner as the bargaining representative of the Employer's employees. CERTIFICATION OF REPRESENTATIVES IT IS IIEREBY CERTIFIED that United Rubber, Cork, Linoleum & Plastic Workers of America, International Union (CIO) has been, designated and selected by a majority of all Akron District Ware- house employees of The Firestone Tire and Rubber Company, Akron, Ohio, including warehouse senior clerks but excluding office clerical employees and supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, as their representative for the purposes of collective 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 condi- tions of employment. CHAIRMAN HERz0G took no part in the consideration of the above Decision and Certification of Representatives. 3 Matter of Goodman Manufacturing Company, 58 N L. R . B. 531 ; Matter of American Locomotive Company, 67 N L R B. 1123. 2 Including the maintenance man, John Grimm , whose name was omitted from the pay- roll list furnished at the election and who was therefore challenged by the Board agent. At the hearing the parties agreed he should be included in the unit. 3 There are approximately 110 employees in the appropriate unit.