American Tri-State Paper Box Co.

National Labor Relations Board - Board Decisions

Aug 3, 1945

63 N.L.R.B. 126 (N.L.R.B. 1945)

In the Matter of AMERICAN TRI-STATE PAPER Box Co. and NASHVILLE
PAPER PRODUCTS AND SPECIALTY WORKERS UNION No. 513, SUBORDI-
NATE TO INTERNATIONAL PRINTING PRESSMEN'S AND ASSISTANTS' UNION
OF NORTH AMERICA, A. F. OF L.
Case No. 10-R-1472.-Decided August 3, 1945
Mr. Cecil Sims, of Nashville, Tenn., for the Company.
.41r. E. H. Cantrell, of Nashville, Tenn., for the Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Nashville Paper Products
and Specialty Workers Union No. 513, subordinate to International
Printing Pressmen's and Assistants' Union of North America, A. F.
of L., herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Amer-
ican Tri-State Paper Box Co., Nashville, Tennessee, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Albert D. Maynard, Trial
Examiner. Said hearing was held at Nashville, Tennessee, on May
31, 1945. The Company and the Union appeared and participated.
All parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
American Tri-State Paper Box Co., a Tennessee corporation having
its only plant at Nashville, Tennessee, is engaged in the manufacture,
63 N. L. R. B., No. 17.
126
AMERICAN TRI-STATE PAPER BOX CO. 127
sale, and distribution of paper boxes and folding cartons. The prin-
cipal raw materials used by the Company are box-board, paper, and
glue. During the year 1944, the Company purchased raw materials
valued at approximately $50,000, of which approximately 25 percent
was shipped from points outside the State of Tennessee. During the
same period, the Company manufactured products valued at approx-
imately $100,000, of which approximately 15 percent was shipped to
points outside the State.
The Company admits that it is' engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATION INVOLVED
Nashville Paper Products and Specialty Workers Union No. 513,
subordinate to International Printing Pressmen's and Assistants'
Union of North America, is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees.
At the hearing the Company asserted that its refusal to recognize
the Union, as well as its position that no election should be directed at
this time, is predicated on the fact that in a Board election held- on
December 1, 1944, a majority of its employees had voted against repre-
sentation by the Union. However, about 8 months have elapsed
since the election, and the Union has submitted authorization cards,
all apparently dated subsequent to December 1, 1944, bearing the signa-
tures of a majority of the Company's employees.' In these circum-
stances, we believe that the policies of the Act will best be effectuated
by conducting an election on the present petition."
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
' See Matter of American Tri-State Paper Box Co., 59 N L . R. B. 226 Out of approxi-
mately 21 eligible voters, 7 employees voted in favor of the Union, and 12 against it
2 The Field Examiner's report, iiftroduced into evidence at the hearing, reveals that the
Union submitted 16 authorization cards ; that the names of 14 persons appearing on the
cards were listed on the Company's pay roll of April 20, 1945, which contained the names
of 23 employees in the alleged appropriate unit ; that 1 of the 2 remaining cards was dated
after the April 20, 1945, pay roll ; and that 13 of the cards were dated "March," 2 "April,"
and 1 was undated
At the hearing the Trial Examiner stated that the Union submitted two additional
"applications for membership cards" ; that one of the cards was dated May 1943, and that
the other was undated
See Matter of Chrysler Corporation, 37 N L R B 877, Matter of New York Central
Iron Works, 37 N. L. It B S94, Matter of Greenlee Bios & Company, 33 N. L. R B. 1042
Matter of Indiana Bridge Company, Inc ., 57 N. L R B 681.
128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all employees of the Company, including the maintenance and
general helper,-' but excluding the bookkeeper, the watchman,5 execu-
tive employees, foremen, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the-Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
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,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Tri-State
Paper Box Co., Nashville, 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 Director for the Tenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the em-
ployees in the unit found appropriate in Section IV, above, who were
employed during the pay.-roll period immediately preceding the date
of this Direction, including employees who did not work during the
said pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding any
who have since quit or been discharged for cause and have not been
W. H. Jones.
The Union seeks to exclude the watchman , whereas the Company takes a neutral posi-
tion with respect to him. Apparently, he is employed full time elsewhere , serves also,as a
general watchman in the neighborhood ; and spends only about 5-minutes out of each hour
during the night in the Company 's plant. Under these circumstances , we shall exclude the
watchman.
AMERICAN TRI-STATE PAPER BOX CO. 129
rehired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by Nashville Paper Prod-
ucts and Specialty Workers Union No. 513, subordinate to Interna-
tional Printing Pressmen's and Assistants' Union of North America,
A. F. of L., for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.