Bergstrom Paper Co.

National Labor Relations Board - Board Decisions

Feb 23, 1945

60 N.L.R.B. 860 (N.L.R.B. 1945)

In the Matter of BERGSTROM PAPER COMPANY and INTERNATIONAL
BROTHERHOOD OF PAPER MAKERS, A. F. OF L.
Case No. 1-3-R-2820.-Decided February 23, 1945
Mr. E. J. Dempsey, of Oshkosh, Wis., and Mr. N. H. Bergstrom,
of Neenah, Wis., for the Company.
Messrs. E. B. Lamb ton and Edward P. Gilbertson, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Paper
Makers, A. F. of L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Bergstrom Paper Company, Neenah, Wisconsin, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Edward J. Brophy,
Trial Examiner. Said hearing was held at` Neenah, Wisconsin, on
February 6, 1945. The Company and the Union appeared, partici-
pated, and 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 opportunity to file briefs with the'Board. -
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Bergstrom Paper Company is a Wisconsin corporation with its
principal place of business at Neenah, Wisconsin, where it is engaged
in the manufacture of book and magazine paper, labels, and mimeo-
graph material. The Company purchases materials valued at about
$1,600,000 annually, approximately 40 percent of which is shipped to
60 N. L. R. B., No. 145.
860
BERGSTROM PAPER COMPANY 861
it from points outside the State of Wisconsin. During the same period
the Company manufactures products valued at about $2,225,000, about
40 percent of which is shipped to points outside the State of Wisconsin.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Paper Makers is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 1, 1944, the Union requested the Company to recognize
it as exclusive collective bargaining representative of the Company's
employees. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate?
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 substantial agreement with a stipulation of the parties,
that all production and maintenance employees of the Company, in-
cluding working foremen, but excluding office, and clerical employees,
executives, superintendents, chief chemists, assistant chief chemist,
and any other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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 within 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.
' The Field Examiner reported that the Union presented 72 membership application
cards . There are approximately 198 employees in the appropriate unit.
862 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Bergstrom Paper
Company, Neenah, Wisconsin, an election by secret ballot shall be con-
ducted 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 Thirteenth 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, including employees who did not work during
said pay-roll period because they were ill or on vacation or tempo-
rarily 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 rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by Interna-
tional Brotherhood of Paper Makers, of A. F. of L., for the purposes
of collective bargaining.