Atlantic Waste Paper Co., Inc.

National Labor Relations Board - Board Decisions

Dec 5, 1942

45 N.L.R.B. 1087 (N.L.R.B. 1942)

In the Matter of ATLANTIC WASTE PAPER COMPANY, INC. and UNITED
CONSTRUCTION WORKERS, DIVISION OF DISTRICT 50, UMW, AND,
CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. RE-52.Decided December 51 19.12
Jurisdiction : waste paper industry.
Investigation and Certification of Representatives: existence of question: con-
flicting claims of iivah representatives ; -contract no bar where original union,
went out of existence and identity of its successor was a matter of unresolved
dispute between the rival claimants : election necessary.
Unit Appropriate for'Collective Bargaining : all chauffeurs, warehousemen, and
laborers engaged in collecting, baling, and handling waste paper, excluding
all plant foremen, supervisors, office employees, and sorters ; stipulation as to.
Mr. Keith W. Blinn, for the Board.
Mr. Carlyle Barton, of Baltimore, Md., for the Company.
Mr. Frank J. Bender, of Baltimore, Md., for the C. I. O.
Mr. Nicholas Pontecchio and Mr. Arthur G. Pilon, of Baltimore,
Md., for the U. C. W.-U. M. W.
Miss Irene R. Shriber, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Atlantic Waste Paper Company, Inc.,.
Baltimore, Maryland, herein -called the Company, alleging that a
question affecting commerce had arisen concerning the representation
of employees of the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Earle
K. Shawe, Trial Examiner. Said hearing was held at Baltimore,
Maryland, on October 28, 1942. The Board, the Company, United
Construction Workers, Division of District 50, United Mine Work-
ers of America, herein called the U. C. W.-U. M. W., and Congress of
Industrial Organizations, herein called the C. I. 0., appeared, par-
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing upon
the issues. During the course of the hearing, the Trial Examiner
45 N. L. R. B., No. 155
1087
1088 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Z. THE BUSINESS OF THE COMPANY
Atlantic Waste Paper Company, Inc., is a Maryland corporation
with its principal place of,busiuess in Baltilnore;zMalylalid, where it
is engaged viii the collecting, baling, `and selling -6f waste papeI' for
industrial uses. During 1941, the 'Company purchased approximately
.25,000 tons of waste paper valued in excess of $100,000, 10 percent
.of which was shipped from points outside the State of Maryland.
During the same period, approximately 25,000 tons of the Company's
finished products valued in excess of .$200,000 were shipped by the
Company to customers outside the State of Maryland. The Company
stipulated that it is engaged in interstate commerce within the mean-
ing of the Act.
IT. THE ORGANIZATIONS INVOLVED
United - Construction, Workers, Division of District 50, United
Mine Workers of America, is a labor organization admitting to mem-
bership employees of the Company.
Congress of Industrial Organizations is a labor organization ad-
mitting to membership employees,of'the Company. _
III. THE QUESTION CONCERNING REPRESENTATION
On December 2, 1940, the Company and the United Construction
Workers Organizing Committee, affiliated with the C. I. O. and herein
called U. C. W. 0., C., entered into a collective bargaining agree-
ment which, according to its terms, purported,to.be executed on be-
half of U. C. W. O. C. as well as Local Union No. 165, also affiliated
with the C. I. O. This contract was' to remain in effect until Decem-
ber 1, 1943.1 On December 3, 1940, the Company entered into -a sup-
plemental agreement with Local 165, wherein Local 165 agreed to be
bound by the terms of the agreement of December 2, 1940.
By resolution adopted April 17, 1942, Local 165 requested affilia-
tion with the United Mine Workers of America. On May 29, 1942,
a group known as the National Policy Board of the United Construc-
IThe agreement'was signed by A. D. Lewis, chairman of U. C. W. O. C., and by Frank
J. Bender, C. 1 0 Regional Director.
ATLANTIC WASTE PAPER COMPANY, INC. 1089
tion Workers voted to affiliate with the United Mine Workers ,of
America, and on June 5, 1942, certain executive officers of athe
United Construction Workers entered into an agreement with Dis-
trict 50 of the United Mine Workers of America, creating the U. C.
W.-U. M. W. On or about June.11, 1942,.the C. I. O.' dissolved the
U. C. W. O. C. By resolution adopted June 12, 1942; Local 165 ap-
proved the action of the National Policy Board 2 of the United Con-
struction Workers by which it affiliated with District 50, United Mine
Workers of America. '
On June 16, 1942, the Regional Director of the C. I. O. notified
the Company that the U. C. W. O. C. had been dissolved and that
the C. I. O. had taken over the "contractual relationship" the U: C.
W. O. C. had with the Company. On July 3, 1942, the Regional
Director of the U. C. W.-U. M. W. advised the Company, that the
"United Construction Workers has been duly designated as the col-
lective bargaining agency" for the employees of the Company, and
requested that the existing contract between the Company and "our
union" be complied with. On July 10, 1942, the C: I. O. submitted
a signed petition from a majority of the employees of the. Company,
designating the C. I. O. as the bargaining agent,, and advised the
Company that the C. I. O. would carry out the contract executed
by the Company and the dissolved U. C. W. O. C.
The U. C. W.-U. M. W. contends that it is the legitimate successor
of the U. C. W. O. C. and that as such it acquired all rights, of the
latter organization, including the collective bargaining` contract of
December 2, 1940, and since the contract will not expire until Decem-
ber 1, 1943, it constitutes a bar to a present determination of repre-
sentatives. It bases its claim to successorship to the defunct U: C. W.
O. C. on the action of Local 165 approving' its' affiliation with District
50. The C. I. O. contends that the Company's employees within the
appropriate unit are the real successors to the contract, and that
it is for the Board to determine the identity of the bargaining repre-
sentative. Also, that when the U. C. W. O. C. was dissolved, the em-
ployees were free to adopt any affiliation they desired and that the
employees affiliated with the C. I. O. by a majority of them applying
for and thereafter accepting the charter from that organization.
Since the controversy arose, the Company has continued to observe
the check-off provisions in the contract but is'impounding said money
until' some definite solution of the present controversy has been
reached. '
2 Local 105 comprises employees of several employers in the scrap iron and waste paper
industries Since the present controversy arose , the C I 0 has formed Local 1261 for
employees at the plant of the Company , the employees having signed petitions choosing
the C : I 0 as their bargaining representative.
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1090 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board, as a general rule, will not proceed with an investiga- -
tion as to representation where there exists a contract urged as a bar
by a party. As ,we have recently stated, however, the Board has
found that a contract is not a bar to a determination of representa-
tives where there exists substantial doubt as to the identity of the
labor organization that claims to be the party to the contract.' Here
the original contracting union, U. C. W. 0. C., is no longer in exist-
ence, and the identity of its successor, if any, is a matter of un-
resolved dispute between rival claimants. Resolution of the questions
of successorship to the U. C. W. 0. C. and the contract, involving
as they do a construction of the constitutions of the C. I. 0. and the
United ' Mine Workers of America and of the charters granted to
Local 165 and Local 1261, is not a function of the Board. However,
these conflicting claims do establish that there is an unresolved doubt
with respect to the identity of the labor organization which the
employees of the Company desire to represent them. Under such
circumstances, we hold that the contract does not constitute a bar to
a present, determination of representatives.
A statement of the Acting Regional Director, introduced in evi-
dence at the hearing, indicates that the C. I. 0. represents 'a sub-
stantial-number of employees in the alleged appropriate unit,4 and
that the U. C. W.-U. M. W. failed to present any current evidence
of membership of employees within the stipulated unit, although re-
quested to do so.
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.
IV., THE APPROPRIATE UNIT
We find, in accordance with the stipulation , of the parties , that all
chauffeurs , warehousemen , and laborers engaged in the collecting,
baling, and handling of waste paper at the Company 's Baltimore
plant, excluding all plant foremen , supervisors , office employees, and
3 See Matter of Brenizer Trucking Company, et at and United Paving and Building
Supply Workers Local Industrial Union # 1221, C 1. 0, 44 N. L. it. B 810; Matter of
Harbison- Walker Refractories Company and United Clay Products Workers Local Industrial
Union # 1205, etc , 44 N L R B 816 , see also Matter of National Lead Company and
National Con-nest of Gas, Coke of Chemical Workers, 45 N L R B 182 , and cases therein cited.
4 The C I 0 submitted 2 petitions to the Acting Regional Director containing the names
of 47 employees in the alleged appropriate unit; 1-petition dated July 10, 1942 , contained
29 signatures, and the other dated between October 5 and 9 bore 18 signatures . , Thirty-
four of the 47 signatures appearing on these petitions are the names of persons ,whose
names are on the Company 's current pay roll The pay roll contains the Haines of;41
persons employed within tli0 stipulated appropriate unit.
ATLANTIC WASTE PAPER COMPANY INC. 1091
sorters, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.6
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 this Direction of Elec-
tion;°subject to the-limitations and additions' set forth in the Direction.
The U. C. W.-U. M. W. stated at the hearing that in the event the
Board directed an election, it did not wish to appear on the ballot.
Accordingly, we shall not place the U. C. W.-U. M. W. on the ballot.
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of 'collective bargaining with the`Atlantic Waste
Paper Company, Inc., Baltimore, Maryland, 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 Fifth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations,
among the employees 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 said pay=roll period 'because they were -ill or., on
vacation or in the active military' service or training of the. United
States, or temporarily laid off, but excluding employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by the Congress of Industrial Organiza-
tions for the purposes of collective bargaining.
6 This is the unit covered by the contract.