Ames, Harris, and Neville

National Labor Relations Board - Board Decisions

Jul 26, 1957

118 N.L.R.B. 858 (N.L.R.B. 1957)

858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
policy, we find that the following employees in the Employer's Ohio
branch constitute an appropriate unit for purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act : All insurance
agents, including sales trainees , regular part-time agents and sales
office supervisors , but excluding production clerical employees, office
employees , underwriters , claim examiners and adjusters , professional
employees , the sales department manager, sales development manager
and district sales managers , and all other supervisors as defined in
the Act .4
[Text of Direction of Election omitted from publication.]
4 Except for the unit placement of the underwriting and claim personnel, the parties
agreed that this unit is appropriate for purposes of collective bargaining. The parties
stipulated that the sales office supervisors exercise no supervisory authority and have the
same duties as booth managers in the Employer's Detroit branch, a classification the Board
included in the unit in Allstate Insurance Company, 109 NLRB 578. Accordingly, we find
the sales office supervisors not to be supervisors within the meaning of the Act and we in-
clude them in the unit.
Ames, Harris, and Neville and Bob. J. White and Local No. 382,
International Printing Pressmen & Assistants Union of North
America, AFL-CIO. Case No. 20-RD-162. July 26, 1957
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before L. D. Mathews, Jr., hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The Petitioner, an employee of the Employer, asserts that the
Union, currently recognized by the Employer as the exclusive bar-
gaining representative of the Employer's employees, is no longer
such representative, as defined in Section 9 (a) of the Act.
The petition herein was filed on March 28, 1957. The Union and
the Employer urge as a bar thereto their contract executed on May, 1,
1955, for a term of 3 years. Under Board policy a contract for more
than 2 years may not operate as a bar beyond the first 2 years of its
term unless a substantial part of the industry involved is covered by
such contracts,' and the burden of establishing such coverage is upon
the party asserting a contract for more than 2 years as a bar 2
The record indicates that the Employer manufactures textile, as
well as paper, bags , and so may be classified as being either in the
1 Thompson Wire Co ., 116 NLRB 1933.
a See Joseph Aronauer, incorporated, 106 NLRB 1382.,
118 NLRB No. 105.
ORENDUFF & KAPPEL, INC. 859
textile or paper bag industry.' No evidence was offered as to whether
any other employers in the textile bag industry have contracts for
more than 2 years. As to the paper bag industry, the only evidence
submitted was that in that industry about one-half of the employees
located on the West Coast are covered by 3-year contracts. However,
there was no evidence as to what portion of the entire industry in the
United States is covered by contracts for more than 2 years. Ac-
cordingly, there is insufficient basis in the record for determining that
a substantial part of the entire paper or textile bag industry is covered
by contracts for more than 2 years.' We find, therefore, that as the
first 2 years of the term of the Union's contract have expired, it is
no longer a bar.
4. We find, in accord with the agreement of the parties, that the
following unit is appropriate for purposes of collective bargaining
within the meaning of Section 9 (b) of the Act: All production and
maintenance employees at the Employer's Berkeley, California, plant,
including plant clericals, but excluding office clerical employees,
guards, and supervisors as defined in the Act 5
[Text of Direction of Election omitted from publication.]
MEMBERS RODGERS and BEAN took no part in the consideration of
the above Decision and Direction of Election.
3 Both industries appear in the Standard Industrial Classification Manual.
4 Joseph Aroaauer, Incorporated , supra.
We note that , according to the latest available statistics , there were, in 1954, 27,773
production and maintenance employees in the entire paper bag industry , of whom only
about 2,500 were employed in the Far Western States. Thus, on the basis of these
figures, it appears that the number of paper bag employees shown by the Union to be
covered by 3-year contract is only about 1,250 , which is less than 5 percent of all
such employees.
s This unit description conforms to that contained in the current contract between the
Union and the Employer.
Orenduff & Kappel, Inc. and District No. 15, International As-
sociation of. Machinists , AFL-CIO. Cases Nos. 2-CA-4550 and
P -CA-4735. July 29,195 '
DECISION AND ORDER
On September 27, 1956, Trial Examiner A. Bruce Hunt issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had, engaged in and was engaging in certain unfair labor
practices, and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
mediate Report attached hereto. The Trial Examiner further found
that the Respondent had not engaged in certain other unfair labor
practices alleged in the complaint and recommended dismissal of those
118 NLRB No. 107.