Arkell Safety Bag Co.

National Labor Relations Board - Board Decisions

Sep 26, 1944

58 N.L.R.B. 575 (N.L.R.B. 1944)

In the Matter of ARKELL SAFETY BAG COMPANY and TRUCK DRIVERS
LOCAL No. 807 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS,, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL and
INTERNATIONAL BROTHERHOOD OF PULP, SULPHITE & PAPER iNIiLL
WCRKERS, AFL
Case No. 2-RE-67
SUPPLEMENTAL DECISION
ORDER SETTING ASIDE DIRECTION OF ELECTION
AND
SECOND DIRECTION OF ELECTIONS
Septevnbei , 26,1,941.1,t
On August 19, 1944, the National Labor Relations Board issued a
Decision and Direction of Election 1 in the above proceeding, finding
that production and maintenance employees of Arkell Safety Bag
Company; New York City, herein called the, Company, constituted an
appropriate bargaining unit and directing that an election be held
among them to determine whether they desired to be represented by
Pulp and Sulphite Workers, Local 318, A. F, of L.,2 herein called the
Paper Mill Workers, or by Truck Drivers Local No. 807 of the Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, AFL, herein called the Teamsters, for the purposes
of collective bargaining, or by neither.
On August 25, 1944, the Teamsters filed a motion for reconsideration
of the Board's finding with respect to the appropriate unit -for the
Company's employees, for a stay of election proceedings, and for oral
argument before the Board. On August 29, 1944, the Board, having
duly considered the matter, ordered that election proceedings in the
Regiona'1-Office be stayed until further order of the Board, and granted
the request for oral argument. On September 12, 1944, hearing was
held before the Board at Washington, D. C., for the purposes of oral
argument. The Company, the Teamsters, and the Paper Mill Workers
appeared and participated.
157 N L R B 1423
2 International Brotherhood of Pulp, Sulphite & Paper Mill Workers, AFL, one of the
two labor organizations involved in this proceeding , desired that its local union be thus
designated on the ballot.
58 N.'L . R. B., No. 113.
575
576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Teamsters contends that the Company's stockroom and ship-
ping employees constitute an appropriate separate bargaining unit
apart from other employees in the plant. The Paper Mill Workers
contends that all production and maintenance employees, including
the stockroom and shipping employees at the Company's plant, con-
stitute a single appropriate unit. The Company takes the general
position that a single plant unit is appropriate, but prefers not to urge
this contention, and submits the matter to the Board's determination.
In Qur original Decision we found in accordance with the contention
of the Paper Mill Workers. Upon the basis of the oral argument and
the entire record herein, we have reconsidered our conclusions with
respect to the appropriate unit, and we are now of the opinion that
the Company's stockroom and shipping employees comprise an identi-
fiable group, sufficiently stable and functionally distinct to constitute
a separate bargaining unit, if the employees therein desire to be rep-
resented for bargaining purposes apart from other production and
maintenance employees of the Company. We shall, accordingly, direct
that separate elections be held among the stockroom and shipping em-
ployees and among other production and maintenance employees. We
shall defer our findings with respect to the appropriate unit or units
for these employees until after the elections.
We therefore hereby set aside the finding with respect'to the apps-o
priate unit for the Company's employees set forth in our Decision
issued on August 19, 1913, and the Direction of Election of the same
date. Employees of the Company shall have the opportunity to vote
in two separate groups: (1) stockroom and shipping employees, ex-
cluding shipping clerks, the elevator operator,3 the stockroom fore-
man, the shipping foreman's assistant, and' any other supervisory em-
ployees within our usual definition of the term- and (2) production
and maintenance employees of the Company, including the elevator
operator and the waxlnan,4 but excluding office and clerical employees,
stockroom and shipping employees, shipping clerks, the stockroom
foreman, the shipping foreman's assistant, the strawboss in the'main-
tenance department, and all other supervisory employees within our
usual definition of the term. When the results of these elections are
disclosed, we shall further consider the appropriate unit or units for
the Company's employees.
Since the Paper Mill Workers has organized the Company's em-
ployees on a plant basis, we shall provide that the Paper. Mill Work-
3 The Teamsters would include the elevator operator in its proposed unit. Since the
elevator operator is essentially a building maintenance employee , we shall place him in
the general production and maintenance group
4 The waxman is essentially a production employee when his services are not required
for a supply of wax in the production process, he is assigned to assist in the shipping
department . Other production employees are subject to similar transfer under similar
conditions.
ARKELL SAFETY BAG COMPANY 577
ers and the Teamsters shall participate in the election among the
stockroom and shipping employees . Since the Teamsters has restricted
its organization and its proposed unit to stockroom and shipping em-
ployees, we shall make no provision for the Teamsters to participate
in the election among employees in the larger group.
Those eligible to vote in the separate elections which we shall now
direct shall be all employees of the Company in the respective groups
described above who were employed during the pay-roll period imme-
diately preceding the date of this Supplemental Decision and Second
Direction of Elections, subject to the limitations and additions set
forth in the Second Direction.
SECOND DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relatioihs '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 Arkell Safety Bag
Company, New York City, separate elections by secret ballot shall be
conducted as early as possible, but not latex' than thirty (30) days from
the date of this Second Direction, under the direction and supervi-
sion of the Regional Director for the Second 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 employees in the respective groups described below, who
were employed during the pay-roll period immediately preceding the
date of this Second 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 employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the elections:.
1. Stockroom and shipping employees of the Company , excluding
shipping clerks, the elevator operator , the stockroom foreman, the
shipping foreman's assistant , 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, to determine whether they desire to be represented by Truck
Drivers Local No. 807 of the International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America , ' AFL, or-
009591-45-vo1 58 38
578 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by Pulp & Sulphite Workers, Local 318, A. F. of L., for the purposes
of collective bargaining, or by neither.
- 2. Production and maintenance employees of the Company, includ-
ing the elevator operator and the Waxman, but excluding office and
clerical employees, stockroom and shipping employees, shipping
clerks, the stockroom foreman, the shipping foreman's assistant, the
strawboss in the maintenance department, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees or effectively recom-
mend such action, to determine whether or not they desire to be repre-
sented by Pulp & Sulphite Workers, Local 318, A. F. of L. -I,
purposes of collective bargaining.
CIAIxnIAN MILLIS took no part in the consideration of the above
Supplemental Decision, Order Setting Aside Direction of Election
and Second Direction of Elections.