The Glidden Co.

In the Matter of THE GLIDDEN COMPANY and LOCAL 12148, DISTRICT 50, UNITED MINE WORKERS OF AMERICA (C. I. 0.) Case No. R-1803.-Decided May 11, 1940 Paint Manufacturing Industry-Investigation of Representatives : controversy concerning representation of employees : Company refused recognition to peti- tioning union unless certified by the Board ; collective agreement with rival union, shortly to expire , no bar to determination of representatives-Unit Ap- propriate for Collective Bargaining : no controversy as to ; all hourly paid production employees , excluding supervisory and all other salaried employees- Representatives : eligibility to participate in choice : agreement as to-Election Ordered Mr. Drexel A. Sprecher, for the Board. Mr. Adrian D. Joyce and Mr. Clifton M. Kolb, of Cleveland, Ohio, for the Company. Mr. Peter Zvara, of Cleveland, Ohio, for the United Local. Mr. A. E. Stevenson, of Clevel'and,' 'Ohio, for the Cleveland In- dustrial Council. Mr. Trent Longo, of Cleveland, Ohio, for the Brotherhood Local. Mr. John Green, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 26, 1940, Local 12148, District 50, United Mine Workers of America, herein called the United Local, affiliated with the Con- gress of Industrial Organizations, filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of The Glidden Company, Cleveland, Ohio, 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 11, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of theAct and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 23 N. L. R. B., No. 69. 714 THE' GLIDDEN COMPANY 715 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On April 13, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the United Local, and upon Paint and Varnish Makers' Local Union No. 610, of the Brotherhood of Painters, Decorators and Paperhangers of America, herein called the Brotherhood Local, a labor organiza- tion named in the petition as claiming to represent employees directly affected by the investigation.' Pursuant to the notice, a hearing was held on April 22, 1940, at Cleveland, Ohio, before Herbert Wenzel, the Trial Examiner duly designated by the Board. The Board was represented by counsel. The Company, the United Local, and the Brotherhood Local were represented by duly authorized representatives. At the hearing the Cleveland Industrial Council entered an appearance and was repre- sented by a duly authorized representative. All parties participated in the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. At the close of the hearing the Brotherhood Local moved that the proceedings be dismissed, or should such-dismissal not- be-ordered, that the name of the Brotherhood Local appear on the bal- lot in the event the Board should order an election. The Trial Exam- iner made no ruling on this motion. For the reasons sufficiently ap- pearing hereinafter, the motion to dismiss is denied and the name of the Brotherhood Local will be placed upon the ballot in the election we shall direct. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Glidden Company, an Ohio corporation with its principal office in Cleveland, Ohio, is engaged in the manufacture and produc- tion of paints, lacquers, varnishes, and enamels at its plant at Cleve- land, Ohio, }herein called, the Cleveland plant. The Company, owns a number of subsidiary corporations in the various States of the United States, and in Canada, and maintains branches and distribu- tion outlets in many States of the United States. This proceeding involves the Cleveland plant. The principal raw materials used by the Company in the manu- facture and production of the finished products of the Cleveland plant 'The Brotherhood Local is designated in the petition as Paint and Varnish Makers' Local Union 610 (A F. L ). 716 DECISIONS OF NATIONAL LABOR RELATIONS BOARD are vegetable oils, solvents, pigments, chemicals, dry colors, and nitro cellulose. During 1939 the total value of raw materials purchased by the Company for use at its Cleveland plant amounted to approxi- mately $1,750,000, of which approximately 80 per cent was secured from States other than the State of Ohio or from foreign countries. During the same period the total sales of finished products of the Cleveland plant amounted to approximately $2,250,000, of which ap- proximately 50 per cent was shipped and transported to States other than the State of Ohio or to foreign countries. II. THE ORGANIZATIONS INVOLVED Local 12148, District 50, United Mine Workers of America, is a labor organization affiliated with the Congress of Industrial Organi- zations, and admits to membership employees of the Company. Paint & Varnish Makers' Local Union No. 610, of the Brotherhood of Painters, Decorators and Paperhangers is a labor organization affiliated with the American Federation of Labor, and admits to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 20, 1940, the United Local sent a letter to the Company, stating that a majority of the employees in the production depart- ments of the Cleveland plant were members of the United Local and requesting a conference to discuss and agree upon the provisions of an enclosed contract. The Company replied, by letter dated March 22, that because of an existing agreement with the Brotherhood Local it could not make another agreement until the expiration of such contract on May 12, 1940, but that upon request, it would mean- while confer with the United Local.2 On March 25 a conference was held between representatives of the United Local and of the Com- pany. At that time the Company stated that it could not negotiate with the United Local until assured by a certification of the Board that the United Local represented a majority of the employees. As we have stated above, the Brotherhood Local moved at the close of the hearing to dismiss the proceedings. No grounds were assigned for the motion. Manifestly, it may not validly be rested upon the agreement between the Brotherhood Local and the Com- pany. That agreement, shortly to, expire on May 12, 1940, does not 2 While the letter of March 20 ivas signed by , and the Company's reply on March 22 was addressed to, Peter Zvara , the international representative of District 50, United Mine Workers of America, herein called District 50, it appears from the record that Zvara was regarded as acting on behalf of the United Local, and that the membership application cards, referred to inIra, although nominally for membership in District 50, were regarded as applications for membership in the United Local. THE GLIDDEN COMPANY 717 preclude the existence of a question concerning representation and is no bar to an investigation and determination of representatives.' Nor are we able to perceive any other basis for the motion. The Company, as of April 17, 1940, employed 243 persons in the unit alleged in the petition of the United Local, agreed by all parties, and found below to be the appropriate unit. There was introduced in evidence at the hearing an analysis made by the Regional Director showing that the United Local had submitted to him 135 membership application cards, of which 116 were dated March 1, 1940, or there- after, and 113 bore apparently genuine signatures including the names of 109 persons listed on the Company's pay roll as of April 17, 1940.4 On the other hand, according to the report of the Re- gional Director received in evidence, the Brotherhood Local sub- mitted to him only a list of 146 persons stated to be members in good standing according to its records, and to be employed by the Com- pany, but did not produce its records for comparison with the Company's pay roll. The motion to dismiss is without merit and is denied. 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 between the several States and foreign countries, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing the parties agreed that the appropriate unit shall include all hourly paid production employees of the Company, ex- clusive of supervisory and all other salaried employees. We see no reason to depart from the wishes of the parties. We find that all hourly paid production employees of the Company, exclusive of supervisory and all other salaried employees, constitute a unit appropriate for the purposes of collective bargaining, and that such unit will insure to the said employees the full benefit of 8 Cf Matter of The Wadsworth Watch Case Company and International Association of Machinists, District #,%, 21 N L R B 476 , and cases cited therein 4 See footnote 2, supra. Three cards were dated between October 5 , 1939, and February 23, 1939; 16 were undated ; some bore printed signatures. 718 DECISIONS OF NATIONAL LABOR RELATIONS BOARD their right to self-organization and collective bargaining and will otherwise effectuate the policies of the Act. VI. TILE DETERMINATION OF REPRESENTATIVES The United Local and the Brotherhood Local asked that an elec- tion be held, although the Brotherhood Local conditioned its request upon the denial of its motion to dismiss the proceedings, which motion we have denied. Under the circumstances, we find that the question which has arisen concerning representation can best be resolved by the holding of an election by secret ballot. The United Local made no objection to the inclusion of the Brother- hood Local upon the ballot, and we shall order that its name appear thereon. The parties stipulated that, in the event that the Board should direct an election, eligibility to vote in the election should be limited to employees whose names appear upon the pay roll as of April 17, 1940.5 We construe the stipulation to include as eligible to vote those employees whose names do not appear on the pay roll because they ..were ill or on vacations, or.who..have since.been-temporarily-laid off; and to exclude those who have since quit or have been discharged for cause. As thus construed, we see no reason to depart from the wishes of the parties, and we shall direct accordingly. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of The Glidden Company, Cleveland, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All hourly paid production employees of the Company, exclusive of--=supervisory, and all other -salaried employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby 'Board Exhibit No. 2 THE GLIDDEN COMPANY 719 DmECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purpose of collective bargaining with The Glidden Company, Cleveland, 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 of 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 all hourly paid production employees whose names appear upon the pay roll of the Company as of April 17, 1940, including employees whose names do not appear on said pay roll because they were ill or on vacation, or who have since been temporarily laid off, but excluding supervisory and all other salaried employees, and those employees who have since quit or been discharged for cause, to deter- mine whether they desire to be represented by Local 12148, District 50, United Mine Workers of America, affiliated with the C. I. 0., or by Paint & Varnish Makers' Local Union, No. 610 of the Brotherhood of Painters, Decorators and Paperhangers, affiliated with the A. F. of L•.;'.for;.the, purposes,of,,collective.bargaining, or by neither.