B-F-D Co.

National Labor Relations Board - Board Decisions

Dec 11, 1945

64 N.L.R.B. 1324 (N.L.R.B. 1945)

In the Matter of B-F-D CO aPANN- and DIsTillur 50. UNITED MINE
Wom EIis OF AMERICA
Case No. 1-R-26417.-Decided December 11, 1945
Mr. Gerald L. Vaughan, of Drxfield,. Maine,, for the Company.
Mr. Harold B. Roitman, of Boston, Mass., for the Mine Workers.
Mr. J. Griffin McHiernan, of Albany, N Y., for the Pulp Workers.
Miss Helen Hart,, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF 'I HE C ASE
Upon a petition duly filed by District 50, Umtecl Mine Workers of
America, herein called the Mine Workers, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of'B-F-D Company, Dixfield, Maine, herein called the Com-
pany, the National Labor Relations Board provided for a hearing upon
due notice before Robert E Greene, Trial Examiner. The hearing was
held at Rumfmad, Maine. on October 5, 1945. At the commencemnent
of the hearing the Trial Examiner granted a nrotioii of International
Brotherhood of Pulp, Sulphite and Paper Mill Workers, Androscog-
gin Local No. 464, AFL, herein called the Pulp Workers, to inter-
vene. The Company, the Aline Workers, and the Pulp Workers ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-exanune 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. At
the close of the hearing, the Pulp Workers moved to dismiss the peti-
tion on the ground that the evidence of interest submitted by the Mine
Workers was insufficient to raise a question concerning representation.
The 't'rial Examiner reserved ruling on Said motion to the Board.
For'reasons set forth in section III, the motion is denied. All
parties were afforded an opportunity to file briefs with the Board.
Upon the entire record, in the case, the Board makes the following :
64N L R B No. 218.
1324
B-F-D COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
1325
B-F-D Company, a Maine corporation, is engaged at Peru, Oakland,
and Phillips, Maine; Plattsburg and Ogdensburg, New York; and
Cloquet, Minnesota, in the manufacture of wood, paper and pulp
products. The only plant involved in these proceedings is the one
located at Peru, Maine, sometimes referred to as the Dixfield plant,
where the Company manufactures matches, clothes pins, and tooth-
picks. During the 6-month period ending September 1, 1945, the
Company purchased $185,000 worth of raw materials for the Dixfield
plant, consisting principally of lumber, chemicals, and paper prod-
ucts, from points outside the State of Maine. During the same period,
the Company's Dixfield plant shipped finished products, valued at
approximately $1,000,000, to points outside the State of Maine.
The Company concedes, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees of the Company.
International Brotherhood of Pulp, Sulphite and Paper Mill Work-
ers, Androscoggin Local No. 464, affiliated with the American Federa-
tion of Labor, is a labor organization admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about August 13, 1945, the Mine Workers requested recogrni-
tion by the Company as exclusive bargaining agent for the production
and maintenance employees at the Dixfield plant and asserted that
these employees had designated the Mine Workers as their representa-
tive. In reply to this request, the Company took the position that it
would not bargain with the Mine Workers until it had been certified
by the National Labor Relations Board.
The Company and the Pulp Workers had entered into a 2-year con-
tract on October 26, 1943, which contained a provision for automatic
renewal for 1-year periods thereafter, if notice to modify or change
was not given by either party 30 days prior to October 26 of any year
starting with 1945. None of the parties contends that this agreement
bars the instant proceeding and it is clear that it does not, for the claim
of the Milie Workers was timely in that the Company was apprised
1326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of such claim prior to the 1945 effective date of the automatic renewal
clause.'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Mine Workers represents a substantial number
of employees in the unit hereinafter found to be appropriate.2 .
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
Both unions agree that the following unit is appropriate : all pro-
duction and maintenance employees at the Company's Dixfield plant,
including shipping employees, inspection department employees, re-
ceiving clerk, and billing clerk, but excluding watchmen, office and
clerical employees, administrative personnel, non-working foremen,
foreladies, and all other supervisory employees. This unit is the unit
covered by the Pulp Workers' 1943 contract.3 The Company takes the
position that the unit agreed upon by the Mine Workers and the Pulp
Workers is appropriate, except that the Company would exclude the
employees of the inspection department because of the confidential
nature of their work.
The inspection department at the Company's Dixfield plant is a
separate department within the mill and is so treated for administra-
tion purposes. Its nine employees have the responsibility of examin-
ing all finished products after they are packed and recording for
the office the nature, quality, and amount of goods involved. These
records are used by the Company in determining the ability of pro-
duction and maintenance employees. Although the inspection depart,
ment has its own foreman, its employees work the same hours as the
production and maintenance employees, they have the same rates of
pay, and share equally with the production and maintenance employ-
ees in vacation plans and other benefits. Nothing in the record indi-
cates that the inspection department employees exercise supervisory
functions or that they perform work which gives them access to con-
fidential information directly pertaining to the Company's labor rela-
' See Matter of Craddock-Terry Shoe Corp. 55 N L R B. 1406.
2 The Board agent reported that the Mine Workers submitted 207 membership cards
that 159 of the cards contained names found on the Company's pay roll of September 24.
1945, which listed a total of 411 names in the alleged appropriate unit ; and that the Pulp
Woi leers did not present any evidence of membership but relied upon its contract as evidence
of its interest in the proceeding We are of the opinion that the showing of interest made
b3 the Mine Workers is substantial , particularly in view of the maintenance of membership
clause in the Pulp Workers' contract
A consent election was held in this unit under Board auspices in May 1942, in which
the Pulp Workers received a majority of the valid votes counted (Case No. 1-R-1137).
B-F-D COMPANY 1327
tions.' In view of all these facts, especially the history of collective
bargaining at the plant which embraced the inspection department
employees, we shall include these employees within the appropriate
unit.
We find that all of the production and maintenance employees of
the Company's Dixfield plant, including shipping employees, inspec-
tion department employees, receiving clerk, and billing clerk, but
excluding watchmen, office and clerical employees, administrative per-
sonnel, non-working foremen, foreladies, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend 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 means of an election by secret ballot among
the employees 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 B-F-D Company,
Dixfield, Maine, an election by secret ballot shall be conducted as early
as, possible, but not later than sixty (60) days from the date of this
Direction, under the direction and supervision of the Regional Director
for the First 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 unit found
appropriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off, and including em-
* We attach no weight to the Company's inference that membership in a union is incom-
patible with faithful performance of duty. See Matter of Draroo Corp , 52 N. L. R. B. 322
See Matter of C. J. Peterson, et al., 60 N. L. R. B. 1070.
1328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees* in the armed forces of the United States who present them-
selves in person at the polls, but excluding any who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether they desire to
be represented by District 50, United Mine Workers of America, or by
International Brotherhood of Pulp, Sulphite and Paper Mill Workers,
Androscoggin Local No. 464, AFL, for the purposes of collective
bargaining, or by neither.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.