The B. F. Goodrich Co.

In the Matter of THE B. F. GOODRICH COMPANY and PATTERN MAKERS LEAGUE OF NORTH AMERICA (A. F. O F L.) Case No. R-14-08.-Decided October 19, 1939 . Rubber Products 31avu-featuring Inr.ducstr,y-Investigeati.on of Representatives: controversy concerning representation of employees : controversy concerning appropriate unit ; rival unions ; recognition of rival union as exclusive bargain- ing agent-Unit Appropriate for Collective Bargaining : election to determine whether pattern makers desire industrial or craft union ; ( Leiserson, concurr: ing) unit fixed in exclusive bargaining contract not determinative of, where modified in a collateral understanding between the competing unions ; separate vote should be taken among pattern makers ; ( Smith, dissenting ) no justifi- cation for permitting craft unit to split off from industrial unit, existence of a collateral understanding not sufficiently shown-Election ordered Mr. Max W. Johnstone, for the Board. Mr.. J. L. McKnight, of Akron, Ohio, for the Company. Mr. Charles D. Madigan, of Cleveland, Ohio, for the League. Mr. Stanley Denlinger, of Akron, Ohio, for the United. Mr. William T. Little, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 12, 1939, Pattern Makers League of North America, affiliated with the American Federation of Labor, herein called the League, filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a petition alleging that a question affecting com- merce had arisen concerning the representation of employees of The B. F. Goodrich Company, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 26, 1939, the National Labor Rela- tions Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, or- dered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing on due notice. 16 N. L. R. B., No. 19. 165 166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On May 9, 1939, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the League, and Goodrich Local No. 5, United Rubber Workers of America, herein called the United, a labor organization claiming to represent employees directly affected by the investigation . Notices of post- ponement and amended notices of hearing were served on all parties. Pursuant to notice , a hearing was held on June 30 and July 6, 1939, before E. G. Smith, the Trial Examiner duly designated by the Board. At the hearing the Trial Examiner granted the United's motion to intervene. The Board, the Company, and the United were represented by counsel and the League by its official representative, and all participated in the hearing . Full opportunity to be heard, to examine and cross -examine witnesses , and to introduce evidence bearing on the issues was afforded all parties . During the course of the hearing, the Trial Examiner made several rulings on motions and on objections . to the admission of evidence . The Board has reviewed the rulings of the Trial Examiner and finds that no prej- udicial errors . were committed . The rulings are hereby affirmed. On July 13, 1939, the United filed a brief which has been considered by the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Company is a New York corporation engaged in the manu- facture of rubber products . Its principal office is in Akron, Ohio, where it has six plants . In addition to the Akron units, it operates plants in Pennsylvania , Georgia, California , and Michigan and is the sole owner of the Hood Rubber Co., located in Watertown, Mas- sachusetts. This proceeding is concerned only with the six, plants in Akron, Ohio. The principal raw materials used in the above manufacturing process are rubber, cotton , and chemicals . Over 90 per cent of these raw materials, the total value of which is in excess of $50,000,000 per year, are obtained outside the State of Ohio. The annual sales of the Company exceed $115 ,000,000 of which more than 75 per cent are shipped outside the State. II. THE ORGANIZATIONS INVOLVED The League is a labor organization, affiliated with the American Federation of - Labor, admitting to membership practical pattern makers. THE B. F. GOODRICH COMPANY 167 The, United is a labor organization , affiliated with the Congress of Industrial Organizations , admitting to membership all employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In August 1937, in a consent election conducted under the super- vision of the Regional Director, the United was selected as the representative of the piece- and clock-work factory employees engaged in manufacture or maintenance at the Company's six Akron plants. Since that time the League has been unable to bargain with the Company on behalf of the pattern makers in the Company's employ. The League alleged in its petition that all wood and metal pattern makers and pattern makers' apprentices constituted an appropriate unit for the purposes of collective bargaining. This allegation is contested by the United which contends that the petition should be dismissed. We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic; and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The League alleges in its petition that all wood and metal pattern makers and pattern makers' apprentices employed by the Company constitute a unit appropriate for the purposes of collective bargain- ing. The United contends that such employees should be included within a unit consisting of all the piece- and clock-work factory em- ployees engaged in manufacture or maintenance at the Company's six Akron plants. The Company employs at least 9,000 piece- and clock-work factory employees in its six Akron plants, about 900 of whom are craftsmen representing about thirty different crafts. There are approximately five employees in the unit claimed by the League. In August 1937, in a consent election held among the piece- and clock-work factory employees engaged in manufacture or mainte- 247383-40-vol. 16-12 168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD nance at the Company's six Akron plants, the United was designated as their collective bargaining representative by 8,212 of the 9,058 employees voting. The pattern makers were eligible to and at least one of them did participate in this election. Thereafter on May 27, 1938, the United and the Company entered into a contract covering "the hourly and piece work factory employees employed by the Com- pany in its Akron plants" for the year 1938.1 It is apparent from the record that this contract recognized the United as the exclusive bargaining representative of all the piece- and clock-work factory employees. Under this contract the pattern makers have been per- mitted to work overtime only with the consent of the United. Fur- thermore the League maintained that it could not bargain with the Company after the United' obtained the "bargaining rights." The pattern makers employed by the Company are employed in one department and produce patterns used in all the Company's plants. They are a well-established and highly skilled craft, requir- ing a lengthy apprenticeship. The League has had members in the plant since 1933 and evidence was introduced tending to show that all the pattern makers employed in the Company's Akron plants are members of the League. The League has engaged in numerous con- ferences with the Company, has addressed petitions to the Company, and has arrived at "understandings" with it although the League has not had formal bargaining relations after the 1937. election, nor has it ever concluded a contract with the Company. There is no evidence that the League received notice of the consent election of 1937 or was a party thereto. In view of. all the circumstances, we are of the opinion that the question of the proper unit in which the pattern makers belong should be determined by the desires of the pattern makers them- selves.2 We will therefore direct that an election be held among the wood and metal pattern makers and pattern makers' apprentices em- ployed by the Company at its Akron plants to determine whether they desire to be represented by the League or by the United for the purposes of collective bargaining, or by neither. If it majority of the wood and metal pattern makers and. pattern makers' apprentices cast their votes for the League; we shall hold that they 'constitute a separate appropriate unit and we shall certify the League as the exclusive representative thereof. If a majority of such employees cast their votes for the United or for neither or if the votes for the United and for neither together constitute a majority, we shall con- clude therefrom that they do not desire to constitute a separate unit. In that event we will dismiss the petition, 1 On March 1 , 1939 , a similar contract was entered into for the year 1939. 2 Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local No. 3, et al., 3 .N. L. R. B. 294. THE B. F. GOODRICH COMPANY VI. THE DETERMINATION OF REPRESENTATIVES 169 Although the League introduced some evidence that it represented all the wood and metal pattern makers and pattern makers' appren- tices, we shall nevertheless order an election.8 We find that those eligible to vote in the election shall be the wood and metal pattern makers and pattern makers' apprentices employed by the Company in its Akron plants during the last pay-roll period next preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation. and employees who, were. then or have since been. temporarily laid off, but excluding those who have since quit or been discharged for cause. On the basis of the above findings of fact and upon the entire record,in the case, the Board makes the following : CONCLUSION OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of The B. F. Goodrich Company, Akron, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Natioual Labor Relations Act. 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargain- ing with The B. F. Goodrich Company, Akron, Ohio, an election by secret ballot shall be conducted as early as possible, but not later thami thirty (30) days from the date of this Direction of Election, under. the direction and supervision of the Regional Director for the Eighth Region, acting in this matter as agent for the National Labor Relations. Board, and subject to Article •III, Section 9, of said Rules and Regulations, among the wood and metal pattern makers and pattern makers' apprentices employed by said Company during the pa.y-roll period next preceding the date of this Direction of Election, including such employees as did not work during such pay-roll period 3 Matter of The Cudahy Packing Company and United Packinghouse Workers of Amer- ica, Local No. 21, of the Packinghouse Workers Organizing Committee, 13 N. L. R. B. 526; Matter of Armour A Company and United Packinghouse Workers, Local Industrial Union No. 13 of Packinghouse Workers Organi. in# Committee , 13 N. L. R. B. 367. 170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by Pattern Makers League of North America, affiliated with the American Federation of Labor, or by Goodrich Local No. 5, United Rubber Workers of America, affiliated with the Congress of Industrial Organizations for the purpose of collective bargaining, or by neither. MR. WILLIAM M. LEISERSON, concurring. At the hearing, the League claimed that it had proceeded on the assumption that an agreement . made between the League and the United Rubber Workers of America to the effect that the League should represent the pattern makers at the Firestone Tire and Rubber Company applied to The B. F. Goodrich Company as well. The League further claimed that as soon as the United insisted that the pattern makers become members of the United, it filed its peti- tion in this case. The lack of conflict in the past between the United and the League concerning the pattern makers employed by the Company would tend to support this claim and show a tacit under- standing between the parties. Under such circumstances the unit fixed in the contracts between the United and the Company is not determinative and a separate vote should be taken among the pattern makers. MR. EDWIN S. SMITH, dissenting : The United has represented the pattern makers since 1937, and in 1938 entered into a plant-wide contract which included the pattern makers in its scope. The employees of the, Company selected the. United to represent this unit by an overwhelming majority in 1937. In the absence of more tangible evidence of a definite agreement than the claim of the League, I am of the opinion that the case falls within the doctrine of the American Can case.4 For the reasons stated in my concurring opinion in that case as well as the reasons given in my dissenting opinion in Matter of Allis-Chalimers Manu- f actuoiing Company,5 I would not permit the pattern makers to set themselves apart in a bargaining unit separate from the industrial unit in which the employees have been represented since 1937. 4 Matter of American Can Company and Engineers Local No . 30, Firemen and Oilers Local No. 56, et al., 13 N. L. R. B. 1252. 5 Matter of Allis -Chalmers Manufacturing Company and International Union United Automobile Workers of America, Local 24S, 4 N. L. R. B. 159.