The B. F. Goodrich Co.

In the Matter of THE B. F . GOODRICH COMPANY, DOVER MINES Divi- SION and UNITED MINE WORKERS OF AMERICA, DIVISION 2, DIS- TRICT 6 Case No. 8-R-19417--Decided January 10, 1946 Mr. Jerome Taylor, of Akron, Ohio, for the Company. Messrs. John Graham and Ira Nelson, New Philadelphia, Ohio, for the Mine Workers. Messrs. C. N. Burchfield and TV. E. Turney, Canton, Ohio, for the Operating Engineers. Mr. Benj. E. Cook, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TIIE CASE Upon a petition duly filed by ' United Mine Workers of America, Division 2, District 6, herein called the Mine Workers, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of The B. F. Goodrich Company, Dover Mines Di- vision, Strasburg, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George F. Hayes, Trial Examiner. The hearing was held at New Philadelphia, Ohio, on September 6, 1945. The Company, the Mine Workers, Truck Drivers Local 318, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, herein called Teamsters, International Union of Operating Engineers, Local No. 18, herein called the Operating Engineers 1 appeared and partici- pated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. The Trial Examiner's ruling made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. 1 Although the Operating Engineers appeared and participated , at the close of the hearing it withdrew from the proceeding and waived all interest therein. 65 N. L. R. B, No. 70. 386 THE B . F. GOODRICH COMPANY, DOVER MINES DIVISION 387 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The B. F. Goodrich Company is a New York corporation with its principal plate of business in Akron, Ohio, where it is engaged in the manufacture and distribution of rubber and rubber products. The Dover Mines Division, the only operation involved in this proceeding, operates a strip mine near Strasburg, Ohio, where it produces approx- imately 325,000 tons of coal annually for use at its Akron plant. The Company annually produces finished products valued in excess of $100,000,000, 75 percent of which is shipped to points outside the State of Ohio. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Mine Workers of America, Division 2, District 6, is an un- affiliated labor organization admitting to membership employees of the Company. Truck Drivers Local 318, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, is a labor organiza- tion, affiliated with the American Federation of Labor admitting to membership employees of the Company. International Union of Operating Engineers, Local No. 18, affiliated with the American Federation of Labor, is a labor organization ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In late July 1945, the Mine Workers requested recognition as the bargaining representative of the Company's production and mainte- nance employees, and on July 26, 1945, filed its petition herein. The Company refused to accord recognition to the Mine Workers on the ground that its employees are covered by existing contracts with the Operating Engineers and Teamsters, respectively, which contracts it contends preclude a present determination of representatives. The Teamsters urges its contract as a bar only insofar as employees cov- ered thereby are sought to be included in the unit requested by the Mine Workers .2 2 The only employees covered by the Teamsters ' contract and sought to be included by the Mine workers are pit truck drivers , who are hereinaftei excluded. 388 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On July 20, 1945, the Company and the Operating Engineers exe- cuted a contract 3 which provided, inter alia, that it was to remain in force for a term ending October 1, 1945, and from year to year there- after in the absence of notice in writing by either party at least 30 days prior to the yearly expiration date. Inasmuch as the Mine Workers notified the Company of its representation claim and filed its petition herein prior to the automatic renewal date of the fore- going contract, we find that the contract constitutes no bar to the instant proceeding.' A statement of a Board agent, introduced into evidence at the hearing, indicates that the Mine Workers represents a substantial number of employees in the unit hereinafter found 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 Mine Workers requests a unit composed of all production and maintenance employees of the Company, including pit truck drivers, but excluding public highway truck drivers, garage employees, fore- men, and all other supervisory employees. The Company takes no position other than to urge that the appropriate units be established in conformity with its respective contracts with the Operating Engi- neers and the Teamsters. The Teamsters is interested only in exclud- ing all truck drivers, including pit truck drivers. As indicated above, the Operating Engineers has relinquished all claim to employees previously represented by it. We see no reason, therefore, to confine the unit to such employees, as requested by the Company. Pit truck drivers: Both Public highway and pit truck drivers have been bargained for on the basis of a separate unit and are presently covered by the Teamsters' contract with the Company, which does not expire until June 30, 1946.° Accordingly, we shall exclude these em- ployees from the unit. 8 The Operating Engineers' contract covers shovel operators, shovel oilers, bulldozer men, plumbers, and oilers The contract does not cover tipple men and welders, who, as far as the record shows, comprise the remaining production and maintenance employees other than truck drivers 4 At the hearing the Operating Engineers notified the Company that it was cancelling the contract, inasmuch as it was withdrawing its representation claims in favor of the Mine Workers 5 The Field Examiner reported that the Mine Workers submitted 27 cards, bearing the names of 27 employees, listed on the Company's pay roll of August 6, 1945, and that the cards are dated July 1945. The Engineers and the Teamsters rely upon their contracts with the Company to support their respective interests in the present proceeding. There are approximately 41 employees in the appropriate unit. ° Although the Teamsters' contract refers only to "truck drivers," the uncontradicted evidence shows that both public highway and pit truck drivers are covered thereby. THE B. F. GOODRICH COMPANY, DOVER MINES DIVISION 389 We find that all production and maintenance employees of the Com- pany at its Strasburg, Ohio mine, but excluding all truck drivers, ga- rage employees, foremen, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such ac- tion, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act. V. 'rHE: 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 appropri ate unit -,`-lho 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 Direc- tion.? 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 DIRECFrED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The B. F. Good- rich Company, Dover Mines Division, Strasburg, Ohio, 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 Eighth Region, act- ing in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regu- lations, among employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immedi- ately 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 dis- charged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be rep- resented by United Mine Workers of America, Division 2, District 6, for the purposes of collective bargaining. 7 Since the Operating Engineers indicated at the hearing that it does not want its name to appear on the ballot, we shall not direct its inclusion