Pittsburgh Plate Glass Co.

In the Matter of PITTSBURGH PLATE GLASS COMPANY and UNITED AUTOMOBILE WORKERS, AFFILIATED WITH THE C. I. O. Case No. R-2438.-Decided April 29, 1941 Jurisdiction : glass manufacturing. - Investigation and Certification of Representatives : existence of question : re- fusal to accord union recognition; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees including the paint stockroom man, but excluding the city shipping clerk, clerical and office employees, supervisory employees, salesmen, and retail clerks. McCarty & Cooper, by Mr. Robert P. McLarty and Mr. Walter G. Cooper, of Atlanta, Ga., for the Company. Mr. C. M. Gilnuvii, of Atlanta, Ga., for the Union. Miss Ann Landy, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 21, 1941, United Automobile Workers, affiliated with i the C. I. 0., 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 Pittsburgh Plate Glass Company, Atlanta, Georgia, herein called the Company , and requesting an investigation and certi- fication of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat . 449, herein called the Act . On March 17, 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 the National Labor Relations Board Rules and Regulations-Series 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 March 19 , 1941, the Regional Director, issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on March 31, 1941, at Atlanta, 31 N. L. R. B, No. 71. - 468 PITTSBURGH PLATE GLASS COMPANY 469,' Georgia, before Alexander. E. Wilson, Jr., the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented by counsel and 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 evi- dence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On April 14, •1941, the Company filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Pittsburgh Plate Glass Company is a Pennsylvania corporation. At 23 factories located throughout the United States the Company manufactures plate glass, mirrors, paints, and other products. The Company also has 80 plants of which one,, located in Atlanta, Georgia, is involved in the present proceedings. At the Atlanta plant the Com- pany is engaged in three types of business; glass construction, and glass and paint sales. About 98 per cent of the material used and sold at Atlanta comes from the Company's Atlanta warehouses, but all such materials were manufactured in factories of the Company located outside the State of Georgia. The Company employs about 58 em- ployees at its Atlanta plant. II. THE ORGANIZATION INVOLVED United Automobile Workers is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In a letter dated December 16, 1940, addressed,to the manager of the Company's Atlanta plant, Federation of Flat Glass Workers, C. I. 0., requested recognition as exclusive repiesentative of•the Com- pany's employees in Atlanta. The letter was acknowledged; and re- ferred to the Company,'s General Office, but the request was never answered. At the hearing there was introduced in evidence a report by the Regional Director showing that a substantial number of employees 470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD within the unit hereinafter found to be appropriate have designated an unnamed union, affiliated with the C. I. 0. as their representative for the purposes of collective bargaining.,. The record contains no explanation of the fact that the request to bargain was made on behalf of the Flat Glass Workers, C. I. 0. and the petition was filed by the Union. Inasmuch, however, as the au- thorization cards designated ".- .. union affiliated with C. L 0.," it is clear that the employees thereby intended to authorize bargaining on their behalf by a C. I. 0. affiliate.2 No labor organization other than the Union now seeks to represent the Company's employees. 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 td labor disputes burdening-.and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union contends that all production and maintenance employees of the Company at its Atlanta plant, including the city shipping clerk and the paint department stockroom man, but excluding clerical and office employees, supervisory employees, salesmen, and, retail clerks, constitute an appropriate unit. The Company does not object to the appropriateness of such unit, but contends that the city shipping clerk is a supervisory employee. - The duties of the city shipping clerk consist of taking orders for city deliveries, distributing orders among the cutters, seeing that the orders are filled, making out receipts, and assigning the orders to de- livery trucks. He does no physical labor. Since all the duties of the city shipping clerk are supervisory and clerical in nature we shall exclude him from the unit of production and maintenance employees. We find that all production and maintenance employees of the Com- pany, including the paint stockroom man, but excluding the city ship- The Regional Director reports that the Union submitted 26 authorization cards and that 23 of such cards were signed by employees whose names appear on the Company's March 26, 1941, pay roll Twelve of the cards were signed between November 1940 and January 1941 , 14 of the cards were undated There are approximately 30 employees in the unit requested by the Union Cf N. L R B v Bradford Dyeing Association, 110 U S 318 PITTSBURGH PLATE GLASS COMPANY 471 ping clerk, clerical and office employees, supervisory employees, sales- men, and retail clerks, 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 means of an election by secret ballot.' The Union stated that a pay roll dated not later than February 15, 1941, should be used as a basis for determining eligibility to vote, but offered no reason for this request. Following our usual practice, we shall use as the date for determining eligibility of employees-to vote the pay-roll period next preceding the date of this Direction of Election, subject to such limitations and additions as are set forth in the Direction. 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 effecting commerce has arisen concerning the repre- sentation of employees of Pittsburgh Plate Glass Company, Atlanta, Georgia, 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 at its Atlanta, Georgia, plant, including the paint stockroom man, but ex- cluding the city shipping clerk, clerical and office employees, super- visory employees, salesman, and retail clerks, 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 Relations 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 DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining► with Pittsburgh Plate Glass Company, Atlanta, Georgia, 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 of Election, under the direction and supervision of the Regional Director for the Tenth Region, acting in this matter as agent for the National Labor Relations 472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Board and subject to Article III, Section 9, of said Rules and Regula- tions, among all production and maintenance employees of the Com- pany at its Atlanta, Georgia, plant, who were employed during 'the pay-roll period next preceding the date of this Direction of Election, including the paint stockroom man, and employees who did not work during the pay-roll period because they were ill or on vacation, or in the active military service or training 'of the United States, or tem- porarily laid off, but excluding the city shipping clerk, clerical and office employees, supervisory employees, salesmen, retail clerks, and employees who have since quit or,been discharged for cause, to deter- mine whether or not they desire to be represented by United Automo- bile Workers, affiliated with the C. I. 0., for the purposes of collective bargaining.