The Firestone Tire & Rubber Co.

In the Matter of THE FIRESTONE TIRE & RUBBER COMPANY, EMPLOYER and SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL No. 196, AFL, PETITIONER Case No. 16-R-2 77.Decided February 16, 19.1.8 Mr. W. H. Cain, of Port Neches, Tex., for the Employer. Mr. R. G. Harper, of Orange, Tex., for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Beau- mont, Texas, on August 6, 1947, before Robert Silagi, hearing officer. At the hearing, the Employer moved to dismiss the petition on the ground that the unit sought is inappropriate. The hearing officer referred this motion to the Board. For the specific reasons stated in Section IV, infra, the Employer's motion is hereby denied. 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 Firestone Tire & Rubber Company, an Ohio corporation, is engaged in the manufacture of synthetic rubber at its Port Neches, Texas, plant. Approximately 15 percent of the raw materials used by the Employer at this plant is received from sources outside the State of Texas. About 95 percent of the finished products manufac- tured at this plant is shipped by the Employer to points outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 'Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three -man panel consisting of the undersigned Board Members [ Houston , Murdock , and Gray]. 76 N L. R B, No. 32. - 226 THE FIRESTONE TIRE & RUBBER COMPANY 227 II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the employer 2 H. THE ORGANIZATION INVOLVED The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer and asserts its existing contractual relationship with the TAM as a bar to this proceeding. The record discloses that, on June 27, 1944, following a Board- directed election," the TAM was certified as the exclusive bargaining representative in a unit embracing, among others, the category of sheet metal workers involved herein. Since then, the Employer and the IAM have entered into a number of collective bargaining agree- ments covering the employees in that unit. The most recent contract between these parties was executed on May 22, 1946. It provided for an initial period of 1 year and for its automatic renewal annually thereafter, in the absence of written notice of amendment or termina- tion served by either party at least 30 days before any anniversary date. No such notice was served in 1947. On March 31, 1947, the Petitioner filed the instant petition. Inasmuch as the petition herein was filed before the automatic renewal notice date of the May 1946 contract, we find, in accordance with well-established principles of the Board, that this contract cannot bar a current determination of representatives.4 We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT; TILE DETERMINATION OF REPRESENTATIVES The Petitioner seeks a unit composed of all sheet metal workers, helpers and apprentices at the Employer's Port Neches, Texas, plant. There are approximately three employees presently engaged as sheet metal workers and the employer anticipates that, due to a curtailment in production, this number will probably be reduced to two in the near future. The Employer contends that the unit sought is inap- Although duly served with notice of hearing, International Association of Machinists, District Lodge No 31, herein called the IAM, did not appear 3 Matter of The Firestone Tire & Rubber Company, 56 N L. R B 1038 and 56 N L R B 1310 4 Matter of Drewrys Limited U S A , Inc , 74 N L R B 31 ; Matter of General Steel Products Corp , 71 N. L R. B. 986 ; and Matter of Westinghouse Electric Corporation, 71 N. L R. B 983. 781902-48-vol 76 16 228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD propriate principally in view of the Board's prior establishment of a more comprehensive unit covering these employees, and the small number of employees concerned. The Employer's sheet metal workers constitute a highly skilled, well- recognized craft group,' employed man industry in which craft units are frequently encountered. Although limited in size, the requested anit admittedly includes more than one employee. Under these cir- cumstances, we are of the opinion that the Employer's sheet metal workers may, if they so desire, constitute a separate unit, notwith- standing the Board's prior more comprehensive unit determination,' the bargaining history on the basis since 1944,$ and the sm*11 number of employees concerned .9 However, we shall make no unit determina- tion pending the outcome of the election directed hereinafter. If the employees participating in this election select the Petitioner, they will be taken to have indicated their desire to constitute a separate unit.'° In accordance with the foregoing, we shall direct that an election by secret ballot be held among all sheet metal workers, helpers and ap- prentices 11 at the Employer's Port Neches, Texas, plant, excluding all supervisors, subject to the limitations and additions set forth in the Direction. 5In Matter of The Firestone Tire it Rubber Company, fn 3, supra, the Board established and directed elections in a number of separate craft units, a residual production and main- tenance unit, and a "residual craft maintenance unit." The latter unit embraced the Employer's sheet metal workers, maintenance mechanics except those performing pipe insulating work, machinists and machinists' helpers As already indicated, the IAM, in June 1944, was certified as the exclusive bargaining representative of the employees in the residual craft maintenance unit, and it has bargained for these employees since that date No request was made by any labor organization during the Board's prior proceeding for a self-determination election among the classifications involved in the instant case How- ever, it may he noted that, at the time of that proceeding, only one worker within these classifications was employed by the Employer, and, consequently, a request for a separate election for this employee would, In any event, have been denied See Matter of Interna- tional Salt Company, Inc , 74 N L R B 1253 See Matter of Fraser Furnace Company, 72 N L R B 637, Matter of Pikg Manufac- turing Co , 67 N L R B 446, Matter of United States Cartridge Company, 45 N L R B 1043. and Matter of The Quaker Oats Company, 32 N L It B 312 4 Section 9 (h) (2) of the Act provides that the Board shall not "decide that any craft unit is inappropriate * * * on the ground that a different unit has been established by a prior Board determination, unless a majority of the employees in the proposed craft unit vote against separate iepresentation * * *" 'See Matter of National Aniline Dioision, Allied Chemical and Dye Corporation, 71 N L R B. 1217 °Matter of Tennessee Valley Authority Broadcasting Company, 73 N L R B 1509; of Matter of A S Campbell Co , In(,, . 69 N L It B 1285 3O Subsequent to the hearing, the Petitioner filed a notion requesting, in effect, that it be immediately certified on the basis of the expressed desires of the three employees con- cerned to he represented by it Under Section 9 (c) (1) of the Act, when the Board finds that a question concerning representation exists, such question can be resolved only by the conduct of an election by secret ballot Accoidinuly, the Petitioner's motion for certifica- tion forthwith is hereby denied, and an election by secret ballot will be duected Herein 11 Although the iecord does not disclose that the Employer presently employs any helpers or apprentices, no reason appears for excluding these categories which are customarily included in describing similar craft units Ct Matter of The Babcock cC Wilcox Company, 72 N L It I; 1256 THE FIRESTONE TIRE & RUBBER COMPANY DIRECTION OF ELECTION 229 As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with The Firestone Tire & Rubber Com- pany, Port Neches, Texas, an election by secret ballot shall be con ducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Re- gional Director for the Sixteenth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regula- tions-Series 5, among the employees in the voting group found ap- propriate 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, but excluding those em- ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented by Sheet Metal Workers International Association, Local No. 196, AFL, for the purposes of collective bargaining.