Firestone Tire & Rubber Co. of Tennessee

In the Matter of FIRESTONE TIRE & RUBBER COMPANY OF TENNESSEE and AMERICAN FEDERATION OF LABOR Case No. R-2132.Decided December 17, 1940 Jurisdiction : rubber tire and tube manufacturing industry. Investigation and Certification of Representatives : existence of question : refusal to accord recognition to union and request that certification be obtained ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees including cafeteria workers, but excluding supervisory and clerical employees, watchmen, and timekeepers. Canale, Glankler, Loch ct Little, by Mr. Phil M. Canale and Mr. Hamilton E. Little, of Memphis, Tenn., for the Company. Mr. Ed Long, of Birmingham, Ala., and Joseph Padway, by Mr. Herbert Thatcher of Washington, D. C., for Local 22456. Mr. Stanley Denlinger, of Akron, Ohio, for the United. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 30, 1940, the American Federation of Labor, on behalf of Rubber Workers Local Union No. 22456, herein called Local 22456, filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting com- merce had arisen concerning the representation of employees of Fire- stone Tire & Rubber Company of Tennessee,' Memphis, Tennessee, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On -October 16, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, ' Incorrectly designated in the formal papers as Firestone Tire & Rubber Company. This was corrected by motion at the hearing. 28 N. L R. B., No. 97. 657 658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On October 17, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, Local 22456, and Firestone Local #186, United Rubber Workers of Amer- ica, herein called the United, a labor organization claiming to repre- sent employees directly affected by the investigation. On October 23, 1940, the Regional Director issued an amended notice of hearing. Pursuant to notice, a hearing was held on November 6, 1940, at Mem- phis, Tennessee, before Alexander E. Wilson, Jr., the Trial Examiner duly designated by the Board. The Company and the United were represented by counsel, and Local 22456 by its representative; all participated in the hearing. Full opportunity to be heard, to exam- ine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the commencement of the hearing, counsel for the United moved for an adjournment of the hearing because of inadequate time to prepare his case and also be- cause charges of unfair labor practices had been filed against the Company by the United.2 • The motions were denied. During the course of the hearing the Trial Examiner made several rulings on other motions and on objections to the admission of evidence. The Board has reviewed all the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Pursuant to notice duly served upon the parties, a hearing for the purpose of oral argument was held before the Board on Novem- ber 25, 1940, in Washington, D. C. The Company, Local 22456, and the United appeared by counsel and participated in the argument. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Firestone Tire & Rubber Company of Tennessee is a Tennessee corporation with its plant at Memphis, Tennessee, where it is engaged in the manufacture of rubber tires and tubes. Approximately all the raw materials used by the Company are shipped to it from points outside the State of Tennessee, and approximately 97 per cent of the- finished products are shipped by it to points outside the State of Tennessee. The Company employs approximately 2250 employees. 2 These charges were withdrawn by the United subsequent to the hearing. FIRESTONE TIRE & RUBBER COMPANY OF TENN. 659 II. THE ORGANIZATIONS INVOLVED Rubber Workers Local Union No. 22456 is a labor organization affiliated with the American Federation of Labor. It admits to mem- bership all production and maintenance employees of the Company, including cafeteria workers, but excluding supervisory and clerical employees, watchmen, and timekeepers. Firestone Local #186, United Rubber Workers of America, is a labor organization affiliated with the Congress of Industrial Organi- zations. It admits to membership the same classes of employees of the Company as Local 22456. III. THE QUESTION CONCERNING REPRESENTATION On September 30, 1940, Local 22456 requested the Company to bargain with it as the representative of its employees. The Company refused to recognize Local 22456 until it had been certified by the Board. A statement of the Regional Director introduced in evidence shows that Local 22456 and the United each represent a substantial number of employees in the alleged appropriate unit .3 We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION ON 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company, Local 22456, and the United agreed at the hearing that the appropriate unit should consist of all production and main- tenance employees of the Company, including cafeteria workers, but excluding supervisory and clerical employees, watchmen, and time- keepers. We see no -reason for. departing from such unit. We find that all production and maintenance employees of the Company, including cafeteria workers, but excluding supervisory 3 The Regional Director's statement shows that 962 employees whose names appear on the Company's pay roll of September 30, 1940, are members of Local 22456, and that 418 employees whose names appear on this pay roll are members of the United. There are approximately 2000 employees on this pay roll. 413597-42-vol. 28-43 660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and clerical employees, watchmen, and timekeepers, constitute a unit appropriate for the purposes of collective bargaining, and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. We find that the employees of the Company eligible to vote in the election shall be those employees in the appropriate unit who were employed during the pay-roll period immediately 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 employees who have since quit or been discharged for cause. 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 Firestone Tire & Rubber Company of Tennessee, Memphis, Tennessee, within the meaning of Section 9 (c)- and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company, including cafeteria workers, but excluding supervisory and clerical employees, watchmen, and timekeepers, constitute a unit appro- priate 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, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby , DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Firestone Tire & -Rubber Company of Tennessee, Memphis, Tennessee, 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 Direc- tor for the Tenth Region', acting in this matter as agent for the FIRESTONE TIRE & RUBBER COMPANY OF TENN. 661 National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and main- tenance employees of the Company who were employed during the pay-roll period immediately preceding the date of this ' Direction, including cafeteria workers, 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 exclud- ing supervisory and clerical employees, watchmen, timekeepers, and employees who have since quit or been discharged for cause, to de- termine whether they desire to be represented by Rubber Workers Local Union No. 22456, affiliated with the American Federation of Labor, or by Firestone Local #186, United Rubber Workers of America, affiliated .with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither. CHAIRMAN HARRY A. MILLis took no part in the consideration of the above Decision and Direction of Election. O