The B. F. Goodrich Co.

In-the Matter of THE B . F. GOODRICH COMPANY and LOCAL UNION No. 194, UNITED RUBBER WORKERS OF AMERICA Case No. R-2366.-Decided March 22, 1941 Jurisdiction : rubber products manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition ; pay roll requested by the union and acceded to by the Company, directed to be used ; election necessary. Unit Appropriate for Collective Bargaining : all piece-work and hourly rated clock card factory employees engaged in the manufacture of rubber products in the Clarksville Plant, and in the maintenance of the Clarksville Plant, exclusive of supervisory employees, clerical employees, and full-time plant protection employees ; agreement as to. Mr. J. L. McKnight, of Clarksville, Tenn., for the Company. Mr. Stanley Denlinger, of Akron, Ohio, for the Union. Mr. Robert L. McReynolds, of Clarksville, Tenn., for Office or Clerical' Employees of Clarksville, Tennessee. Mr. Norman M. Neel, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 14, 1941, Local Union No. 194, United Rubber Workers of America, affiliated with the Congress of Industrial Organ- izations, herein called the Union, filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of The B. F. Goodrich Company, Clarksville, 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 Feb- ruary 21, 1941, the National Labor Relations 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 Regu- lations-Series 2, as amended, ordered an investigation and directed 1 Erroneously designated in some of the pleadings as The B. F. Goodrich Rubber Com- pany The pleadings were corrected at the hearing. 30 N. L. R. B., No. 76. 518 k THE B. F. GOODRICH COMPANY 519 the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On February 24, 1541, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on-March 4, 1941, at Clarksville, Tennessee, before Alexander E. Wilson, Jr., the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany and the Union were represented by counsel and participated in the hearing.2 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 prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The B. F. Goodrich Company, a New York corporation, is engaged in the manufacture and sale of rubber products at Clarksville, Ten- nessee.- The principal raw materials used are crude rubber, rubber reclaim, rubber scraps, pigments, chemicals, heel washers, plywood, and packaging supplies. In excess of 99 percent of said raw materials are obtained from sources outside the State of Tennessee and ap- proximately 99 percent of the finished products of the Clarksville Plant are shipped to places outside the State of Tennessee. The Company employs more than 376 employees at its Clarksville Plant. II. THE ORGANIZATION INVOLVED Local Union No. 194, United Rubber Workers of America, is a labor organization affiliated with,the Congress of Industrial Organi- zations. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about February 3, 1941, the Union requested' recognition as exclusive representative of employees of the Company. The Com- pany replied that it would not recognize any organization until such organization had been certified by the Board. 'An organization called Office or Clerical Employees of Clarksville, Tennessee, was represented at the hearing but did not intervene or participate therein because employees of the Company coming within its jurisdiction were excluded from the proposed unit by agreement of the parties. 520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A statement of the Trial Examiner. discloses that the Union has substantial membership among the employees in the proposed 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 UPON COMMERCE , We find that the question concerning representation which has arisen, occuring 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 l The Company and the Union agree, and we find, that all piece-work and hourly rated clock card factory employees engaged'in the manu- facture of rubber products in the Clarksville Plant, and in the maintenance of the Clarksville Plant, exclusive of supervisory em- ployees, clerical employees , and full-time plant protection employees, constitute a unit appropriate for the purposes of collective bargaining. We find that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bar- gaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation of employees of the Company can best be resolved by, and we shall. accordingly direct, an -election by secret ballot. The Union requested, and the Company acceded to, the use of the Company's February 26, 1941,. payroll as a basis for determining eligibility to vote. We shall direct that-this pay roll be used to determine eligibility, With the inclusions, and exclusions set forth in the Direction of Election herein. On 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 B. F. Goodrich Company, Clarksville, 11 8 The Trial Examiner 's report indicates that there are approximately 376 employees in the proposed unit, and that the Union has submitted 263 applications to membership, of which 238 contained the apparently genuine signatures of persons appearing on the Com- pany's February 26, 1941, pay roll - THE B. F. GOODRICH COMPANY 521_ Tennessee, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All piece-work and hourly rated clock card factory employees engaged in the manufacture of rubber products in the Clarksville Plant, and in the maintenance of the Clarksville Plant, exclusive of supervisory employees, clerical employees, and full-time plant pro- tection 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 Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby S DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with The B. F. Goodrich Company, Clarksville, Tennessee, an elec' tion 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 Tenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among all piece-work and hourly rated clock card fac- tory employees engaged in the manufacture of rubber products in the Clarksville Plant of the Company, and in the maintenance of said Clarksville Plant, whose names appear on the Company's February 26, 1941, pay roll, 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 or absent be- cause called for military service, but^excluding'supervisory employees, clerical, employees, full-time plant protection employees, and em- ployees who have since quit or been discharged for cause, to determine whether are not they desire to be represented by Local Union No. 194, United Rubber Workers of America, affiliated with the Congress of Industrial ' Organizations, for the purposes of collective bargaining.