Hayward Optical Glass Co.

In the Matter of HAYWARD OPTICAL GLASS COMPANY and AMERICAN FLINT GLASS WORKERS UNION , A. F. L. Case No. R-5530.Decided July 8,1943 Messre. Philip T. Lyons, William Hoeppner, and Leo E. Hubbard, of Los Angeles, Calif., for the Company. . Messrs. David Sokol and Leo A. McCormick, of Los Angeles, Calif., for the Union. Miss Viola James, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by American Flint Glass Workers Union, affiliated with the American Federation of Labor, herein called the Union alleging that a question affecting commerce had arisen concern- ing the representation of employees of Hayward Optical Glass Com- pany, Maywood, California, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Bartlett Breed, Trial Examiner. Said hearing was held at Los Angeles, California, on June 11, 1943. The Company and the Union appeared, participated, and were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rul- ings 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 OF FACT 1. THE BUSINESS OF THE COMPANY Hayward-Optical Glass Company, a limited partnership, is engaged in the manufacture of optical glass at its plant in Maywood, Cali- fornia. From November 1, 1942, to February 28, 1943, the Company 51 N. L. R B., No. 33. 152 HAYWARD OPTICAL GLASS COMPANgEo g 153 purchased raw materials consisting of sand, chemicals, pots, clays, and molds, valued at approximately $22,000, over 50 percent of which, was received from points outside the State of California. During the same period, the Company's sales aggregated $52,000, approximately 60 percent of which represented sales to customers located outside the State of California. At the present time 90 percent of the Com- pany's products is being purchased by the United States Government. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED American Flint Glass Workers Union, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 23, 1943, the Union requested recognition as the exclusive bargaining representative of the Company's molders. The Company refused the request on the ground that a unit of molders is inappro- priate. The record reveals that the Union represents a substantial number of employees in the unit hereinafter found 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 Union seeks a unit of skilled molders and pressers. This unit would 'include approximately 13 employees. The Company main- tains that all the employees of the plant, numbering approximately 90, constitute the only appropriate unit. The parties agree to exclude supervisors and 2 leadmen from the unit sought by the Union. We shall exclude them. There is no prior history of collective bargaining in the Company's plant. However, there is a history of collective bargaining between the Union and glass manufacturers who are nationally organized. Annual conferences are held at which wage rates and general policies are ' agreed upon. The Union's practice has been to divide glass workers into two categories, skilled workers and miscellaneous ' A Field Examiner of the Board reported that the Union submitted 10 application-for- membership cards, dated in April and May 1943, all bearing the apparently genuine original signatures of persons listed on the Company's pay roll of May 10, 1943, which lists 14 per- sons in the appropriate unit 154 DECDSQONS OF NATIONAL LABOR RELATIONS BOARD workers, each group having its own local and being bargained for under separate contracts. Such contracts are in existence in various plants over the country. In the present case, as the plant is comparatively small, a plant- wide unit ordinarily might be appropriate. However, in view of the Union's policy of bargaining separately for the skilled and miscel- laneous glass workers, and the fact that the Union has not yet organ- ized the miscellaneous group herein, we find that the molders and pressers, who constitute the only group of the Company's employees within the Union's division of skilled workers, are an appropriate Unit .2 We, find that the molders and pressers of the Company, excluding supervisors, leadmen, and any other 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. 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 em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 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 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Hayward Optical Glass Company, Maywood, California, 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 super- vision of the Regional Director for the Twenty-first Region, acting in this matter as agent for the National Labor Relations Board, and sub- ject to Article III, Section 10, 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 Y See Matter of Cameron Class h Manufacturing Co, 25 N L R B. 580. HAYWARD OPTICAL GLASS COMPANY 155 the date of this Direction, including employees, who did not work dur- ing said pay-roll period because they were ill or on vacation or tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding any who have since quit or been discharged for cause, to deter- mine whether or not they desire to be represented by American Flint Glass Workers Union, affiliated with the American Federation of Labor, for the purposes of collective bargaining.