Brown Co.

National Labor Relations Board - Board Decisions

Apr 24, 1941

31 N.L.R.B. 303 (N.L.R.B. 1941)

In the Matter of BROWN COMPANY and INTERNATIONAL BROTHER-
HOOD PULP, SULPHITE, AND PAPER MILL WORKERS (AFL)
In the Matter of BROWN COMPANY and UNITED MINE WORKERS OF
AMERICA, DISTRICT 50, LOCAL 12,175 (CIO)
In the Matter of BROWN COMPANY and INTERNATIONAL BROTHER-
HOOD OF PAPER MAKERS , LOCAL 138 (AFL)
Cases No. R-0335 to R-2337 inclusive. Decided April O4, 1941
Jurisdiction : paper products manufacturing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives ; elections necessary.
Units Appropriate for Collective Bargaining : single or separate units com-
prising (1)' electrical workers; (2) paper, mill employees; (3) other em-
ployees ; determination of, dependent upon elections-watchmen permitted to
determine whether or not they desire to be represented by the union request-
ing an industrial unit.
Skelton ctc Mahon, by Mr. John J. Mahon, of Lewiston, Maine, and
Mr. Thomas A. McDonald, of New York City, for the Company.
Mr. Raymond Leon, of New York City, for the Pulp Workers.
Mr. Herman Edelsberg, of Washington, D. C., and Mr. Wayne M.
8rayfield, of Boston, Mass., for the United.
Mr. Frank P. Barry, of Albany, N. Y., for the Paper Makers.
Mr. William F. Steinmiller, of Hartford, Conn., for the I. B. E. W.
Mr. Eugene Purver and Mr. A. G. Koplow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF TIIE CASE
On January 2, 1941, January 4, 1941, and January 14, 1941, respec-
tively, International Brotherhood of Pulp, Sulphite, and- Paper Mill
Workers (AFL), herein called the Pi lp'Workers, United Mine
Workers of America, District 50, Local 12, 175 (CIO), herein called
the United, and International Brotherhood of Paper Makers, Local
138 (AFL), herein called the Paper Makers, each filed With the Re-
gional Director for the First Region `(Boston, Massachusetts) a peti-
tion alleging that a question affecting commerce had arisen concerning
the representation of" employees of Brown Company, Berlin, New
31 N. L. 11. B, No 46.
303
304 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD
Hampshire, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On January 23, 1941, the United filed an amended petition. On Feb-
ruary 3, 1941, the National Labor Relations Board, herein called the
Board, acting pursuant to Article III, Section 10 (c) (2) of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
consolidated the three cases and, pursuant to Section 9 (c) of the Act
and Article III, Section 3, of said Rules and Regulations, ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
On February 6, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the Pulp
Workers, the United, the Paper Makers, and International Brother-
hood, of Electrical Workers, Local Union No. 296, herein called the
I. B. E. W., a labor organization claiming to represent employees di-
rectly affected by the investigation. Pursuant to notice, a hearing
was held in Berlin, New Hampshire, on February 18 and 19, 1941,
before Benjamin E. Gordon, the Trial Examiner duly designated by
the Chief Trial Examiner. At the commencement of the hearing, the
Trial Examiner granted a motion by the I. B. E. W. to. intervene in
the proceedings. The Company was represented by counsel, the Pulp
Workers, the United, the Paper Makers, and the I. B. E. W. by their
duly authorized representatives; all participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing upon the issues was afforded all parties.
At the hearing the United moved to dismiss the petitions of the Pulp
Workers and the I. B. E. W. on the ground that they had not shown
sufficient interest in the proceedings. The Trial Examiner denied this
motion. During'the course of the hearing the Trial'Examiner made
other rulings on motions and on objections to the admission of evi-
dence. 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
I. THE BUSINESS OF THE COMPANY
Brown Company is a Maine corporation with its principal office-
and plants at and about Berlin, New Hampshire,' where it-is engaged
in the manufacture and sale of pulp, paper, paper towels, Onco (a
1 Some of the Company's operations are conducted outside Berlin, New Hampshire, in
Gorham and Shelburne, New Hampshire. These operations are included in the present
proceedings.
BROWN COMPANY 305
material used in the making of shoes ), tubular products , and chemi-
cals. In addition to two , pulp and two paper mills, the Onco - plant,
and the tubular products plant, the Company owns and operates a
research laboratory and experimental paper mill , a hydro-electric and
steam-generating plant, a plant facility railroad , a retail grocery and
furniture store, and sundry other properties. -
In its manufacturing processes the Company uses pulp wood, sul-
phur, limestone , alum, resin , salt, latex, pitch ; and other materials.
During_the fiscal year ended November 30, 1940, approximately 77
per cent of the materials used were transported to the Berlin plants
from outside the State of New Hampshire . The total value of these
raw materials was approximately $6,000,000.
During the same period the Company 's sales amounted to $18,295,-
677, of which amount approximately 96 per cent represented sales
of goods transported to points outside the State of New Hampshire.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Paper Makers, Local 138 (AFL),
is a labor organization affiliated with- the American Federation of
Labor, admitting to membership employees of the Company employed
in the paper machine rooms , the beater rooms, and the finishing rooms
at the two paper mills of the - Company.
International Brotherhood of Electrical Workers, Local Union
No. 296, is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership electrical workers employed
by the Company.
International Brotherhood of Pulp, Sulphite and Paper Mlll Work-
ers (AFL), is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the
Company not eligible for membershp in - the Paper Makers or the
I. B. E. W.
United Mine Workers of America, District 50, Local 12,175 (CIO),
is a labor organization affiliated with the Congress of Industrial
Organizations , admitting to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
On December 27, 1940, the United, at a conference called for that
purpose, requested/the Company to grant it recognition as exclusive
bargaining agent for all the employees of the Company . The Com-
pany refused to recognize the United until it had been certified by
the Board as bargaining agent.
On December 30, 1940, at a conference of the Pulp Workers, the
Paper Makers , the I . B. E. W., and the Company to discuss recog-
nition of the respective unions as bargaining agents for various
J
306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
groups of workers, the Company stated that because of the conflicting
claim of the United, the Company would not recognize these unions
as bargaining agents until they had been certified by the Board.
A statement of the Regional Director introduced into evidence
together with a statement by the Trial Examiner made at the hear-
ing, show that each of the respective unions represents a substantii 1
number of employees in the collective bargaining unit which it
alleged to be appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
2 (1) The Regional Director stated that the United submitted to him 1,366 applications
for membership, 1,250 of which bore apparently genuine original signatures Of these
latter, 1,240 were of persons on the Company's pay roll of January 11, 1941 Two hundred
and seventy-six .of the applications were undated , the remainder were dated between
January 1940 and February 1941. The record shows approximately 2,700 employees
within the unit claimed by the United to be appropriate
(2) The Regional Director stated that the Pulp workers submitted to him 69 applica-
tions for membership, 64 of which bore apparently genuine original signatures Of the
-latter, 60 were of persons on the Company's pay roll of January 11, 1941 Twenty of the
applications were undated ; the remainder were dated between July and November 1940.
The Pulp workers also submitted two authorization petitions, dated November 11 and 16,
1940, respectively, bearing a total of 17 apparently genuine original signatures, 14 of
persons on the January 11, 1941, pay roll.
The Trial Examiner stated that the Pulp workers submitted to him 4 authorization
petitions, 2 dated November 11, 1940, and the others dated November 16, 1940, and
December 10, 1940, respectively and 55 applications for member ship, 9 undated and the
rest dated in January and February 1941. The petitions contained a total of 69 apparently
genuine original signatures, 67 of persons on the pay roll of January 11, 1941. The
55 application cards all bore apparently genuine original signatures, 52 of persons on the
January 11, 1941, pay roll
The record does' not reveal the extent of duplication, if any, of the names on the appli-
cation cards and petitions submitted to the Regional Director and the Trial Examiner.
The Pulp workers, therefore, submitted a maximum of 119 apparently genuine original
signatures to the Trial Examiner and a maximum of 74 to the Regional Director, making
a total of 193 The record shows approximately 2,300 employees in the unit claimed
by the Pulp workers to be appropriate
(3) The Regional Director stated that the Paper Makers submitted to him a list of
61 names of persons alleged to be members of the Paper Makers Fifty of the names
were on the pay roll of January 11, 1941. This list was signed by one of the members
and sworn to before a representative of the Board The Paper Makers also submitted to the
Trial Examiner 9 applications for membership, all bearing apparently genuine original
signatures of persons on the pay roll of January 11, 1941 Three were undated and 6
were dated in February 1941. The record does not reveal the extent of duplication, if
any, of the names on the application cards and petitions submitted to the Regional Director
and the Trial Examiner. The record shows approximately 279 employees within the unit
claimed by the Paper Makers to be appropriate.
(4) The Trial Examiner stated that the I. B E. W. submitted to him 13 application
cards, all of which bore apparently genuine original signatures Eleven were of persons
on the pay roll of January 11, 1941 Eight of the applications were undated, 4 were dated
between 1919 and 1920, and 1 was dated in 1929 The I B E W also submitted its
dues recoids which showed that 2 employees on the January 11, 1941, pay roll for whom
there were no application cards had paid dues for January 1941, and that 11 of the above
13 application cards were of persons who had made current payments of dues From the
record it appears that there are approximately 71 employees in the unit claimed by the
I B E W to be appropuate
The record does not reveal whether or not any of the employees authorized more than
one organization to represent them ,
91
BROWN COMPANY 307
IV. THE EFFECT OF THE QUESTION CONCERNING
REPRESENTATION UPON COMMERCE
We find that the question concerning representation which- has
arisen occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and-,,the free flow of commerce.
V. TIIE APPROPRIATE UNIT
At the hearing all parties agreed that trainmen, employees of the
Brown Company store, administrative personnel, office employees,
and non-working supervisory employees 3 should be excluded from
any unit or units found to be appropriate.
The United desires an industrial unit-consisting of all hourly paid
and salaried production and maintenance employees, including fac-
tory clerks, watchmen, working foremen, and employees in the
research and development laboratory, but excluding timekeepers, grad-
uate chemists in the research and development laboratory, and 'em-
ployees in the above-mentioned categories which all parties agreed
to exclude.
The Paper Makers desires a unit consisting of all employees in
the paper machine rooms, beating rooms, and finishing rooms of the
two paper mills, including working foremen, but excluding towel
makers, employees in the above-mentioned categories which all par-
ties agreed to exclude, and employees of the, paper mills other than
those in the paper machine, beating, and finishing rooms.
The I. B. E. W. desires a unit consisting of the powerhouse oper-
ators, and the electrical workers in the construction gangs, repair
shop, .and maintenance crews, excluding rackmen, salaried electrical
workers, and employees in the above-mentioned categories which all
parties agreed to exclude.
The Pulp Workers desires a unit consisting of all hourly paid and
salaried employees including factory clerks and working foremen,
but excluding employees in the units requested by the Paper Makers
and the I. B. E. W., all employees in the research and development
laboratories, watchmen, and employees in the above-mentioned cate-
gories which all parties agreed to exclude.
3 ,There was some dispute in the record as to whether or not certain employees were
non-working supervisory employees Employer 'Exhibit No 2 in evidence lists 31 employees
as "Non -working foremen ," The United contends that only M Moffett, W . H Palmer,
L Stewart , R. Stewart , B Dale, J Noun , and E Nolin, are non -working supervisory
employees and that they should therefore be excluded, and that the rest are not non-
working supervisory employees and should therefore be-included The state of the record
does not permit us to determine , at this time , the identity of the specific individuals to
be excluded as non-working supervisomy employees.
441843-42-vol. 31--21
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company takes no position as to what constitutes an appro-
priate-unit, but contends that watchmen, all employees in the research
and development laboratory, working foremen , and employees in the
above-mentioned categories agreed to by all parties, should be ex-
cluded from any unit or units found to be appropriate.
From the above contentions on the question of appropriate unit
•it , appears that the following issues remain to be resolved :
(A) Whether one or more units are appropriate for the purposes of
collective bargaining; and (B ) Whether. the following "fringe"
categories of employees should be included or- excluded from the
unit or units found appropriate : employees of the research and de-
velopment laboratory, timekeepers , factory clerks , working foremen,
rackmen, salaried electrical workers, towel makers, and employees
in the paper mills other than those in the paper machine, beating, and
finishing rooms.
A. Number of appropriate units
The claims of the I. B. E. W ., the Paper Makers, and the Pulp
Workers as to the respective units each contends is appropriate do
not conflict or overlap . Their combined jurisdictional claims include
all the employees within the industrial unit claimed by the United
to be appropriate , except for watchmen and the above-mentioned
"fringe` categories about whose inclusion there is some dispute.
Roughly, the United requests a unit of all employees; the other
organizations desire one unit of electrical - workers, one unit of em-
ployees of three rooms in each of the paper mills, and one unit of
all other employees of the Company.
The principal operations of the Company are the making of pulp-
wood into pulp or sulphite in the two pulp mills , and the making
of-pulp or sulphite into paper in the two paper mills. In addition,
the Company operates separate plants for the manufacture of
tubular products , Onco, and chemicals , although these plants pro-
duce only a minor portion of the Company's products. While each
plant and mill has a separate supervisory staff , all operate *under
one centralized management. In addition, the Company maintains
a research and development laboratory, ' several power plants, a
plant facility railroad , central maintenance , repair, and construc-
tion departments, and other facilities for the use of all the above
departments engaged directly in production . The Company also
has a group of miscellaneous employees who are assigned to work
in various departments from time to time as needed . Wage and
employment- policies for all divisions are handled by one central
office, and while supervisors of the various departments have a voice
in determining which employees shall work in their respective de-
partments, discharge from the employ of the Company is made only
BROWN COMPANY 309
-by the central office. Employees are interchangeable throughout
all sections of the Company, and when one branch or department
curtails its operations, the employees are assigned to work in other
departments as needed, if they -possess the requisite skills. Where
similar production operations are found in the pulp and paper in-
dustry collective bargaining is sometimes conducted jointly for all
employees by a combination of labor organizations which decide
among themselves which particular employees are 'subject to the
jurisdiction of each of the respective organizations.
On the other hand, in many respects the paper making and pulp
making operations are separable. The paper mills do not receive
.all their materials from the pulp mills or other departments of the
Company, nor do, the latter always dispose of all their products to
the paper mills. Production in one branch may be increasing while
production in the other is decreasing. 'Some of the firms in the paper'
and pulp industry produce only paper while others produce only pulp
products. Most of the efforts of employees toward self-organization
and collective bargaining prior to 1940, when they began to organize
on a Company-wide basis in the United, were along the lines of the
units requested by the I. B. E. W., the Paper Makers, and the Pulp
Workers. The I. B. E. W., the Paper Makers, and the Pulp Workers
have had for approximately 25 years, 22 years, and 39 years, respec-
tively, local affiliates in Berlin, New Hampshire, admitting to mem-
bership employees of the Company. The I. B. E. W. has consistently
attempted to organize only electrical workers in the Company, *the
Paper Makers has confined its activities to the paper machine, beat-
ing, and finishing rooms,of the paper mills, and the Pulp Workers
has solicited among all other employees. While none of the organiza-
tions has ever been recognized by the Company as the exclusive rep-
resentative of any group of employees, and while all had been more
or less inactive in the years immediately preceding 1940, yet each
of the three had had a grievance committee or other committee which
from time to time in the past had met with the management to dis-
cuss working conditions or grievances respecting the various groups
of employees they claim to represent.
In addition to the above factors moving us to find as appropriate
one unit or several units, the question of the watchmen must be
dealt with. The Company employs approximately 66 watchmen, 5
of whom are head watchmen. The United desires the inclusion of
all 66 watchmen. The Company desires their exclusion from the
unit or units found appropriate. The Pulp Workers desires their
exclusion from the unit it requested as appropriate. A representative
of the United testified that a majority of the watchmen had desig-
nated the United to represent them in collective bargaining. We
310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shall give the watchmen, excluding the 5 head watchmen,4 an oppor-
tunity as a separate group to determine whether or not they desire
to be represented by the United.5
Upon consideration of all the -circumstances, we conclude that
the Company's employees can be considered either as a single unit
appropriate for the purposes of collective bargaining or as several
units and that the determining factor is the desires of the employees
in the respective groups. The record is inconclusive-on this points
We shall direct that four separate ballots be prepared, to ascertain
the desires of the employees in the four groups set forth below. The
desires of the employees as expressed on such ballots shall control
the determination of the unit or units appropriate for the purposes
of collective bargaining.
1 B. Inclusions and exclusions
Research and development laboratory. The research and develop-
ment laboratory consists of approximately 80 employees, exclusive of
clerical employees;' , Twenty-six are graduate chemists, whose ex-
clusion is desired by the United and the Pulp Workers, the only
organizations concerned with this group of employees, and by the
Company. The remaining employees are chemists' helpers, janitors,
and handymen, whose inclusion is desired by the United and opposed
by the Pulp Workers and the Company. The chemists' helpers do
not receive promotion to the rank of graduate chemist. The help-
ers, handymen, and janitors are ordinary employees with no super-
visory authority. We shall exclude the graduate chemists and
include the helpers, handymen, and janitors with the group of em-
ployees requested by the Pulp Workers as an appropriate unit."
4 Occasionally the 5 head watchmen make inspection rounds as do other watchmen, but
they receive a higher rate of pay, are not required to punch a time clock , and have the
same right to reject unsatisfactory employees from their department as is enjoyed by other
supervisory employees . We consider the head watchmen supervisory , and shall exclude
them.
5 The Board has found on occasion that watchmen may constitute a separate appropriate
unit Matter of Bendix Products Corporation and International Union, United Automobile
Workers of America , Bendix Local No 9, 3 N L R B 682; Matter of Westinghouse
Electric if Manufacturing Company and Local 724, United Electrical, Radio if Machine
Workers of Amer i ca, affiliated with C 1 0, 28 N L R B 799 , Matter of R C A
Manufacturing Company, Inc and United Electrical, Radio and Machine Workers of
America, Local 103, 30 N . L R B. 212
6 See footnote 2, saprd. ,
I In addition to the research and development laboratory there are in almost every mill
of the Company employees classified as laboratory workers These are not part of the
'research and development laboratory but are routine testers-'of production, and are in-
cluded with other production employees in the respective groups
8 Four of the chemists' helpers are salaried and the rest hourly paid . The record shows
that in the research and development laboratory and throughout the Company , most of
the employees are paid on an hourly basis , but some are salaried The factors determining
whether an employee is paid on a salary basis or an hourly basis are vague and indefinite,
and are not related to the type of work performed Salaried production and maintenance
employees perform functions similar to and often the same as, hourly paid employees in the
BROWN COMPANY 311
Timekeepers. The United requests that timekeepers be excluded.
The Company did not express a preference. The Pulp Workers, the
only other organization concerned, did not state its position speci-
fically but said that "generally speaking" the exclusions it desired
were the same -as those stated by the United in its petition. We
shall exclude the timekeepers.
Factory clerks. Both the United and the Pulp Workers, the only
organizations concerned, desire the inclusion of factory clerks. The
Company did not state its position. We shall include factory clerks
with the group of employees requested by the Pulp Workers as an
appropriate unit.
Working foremen. As stated above, all parties agree that non-
working supervisory employees should be excluded. The Company
contends that working foremen should also be excluded, since many
of their duties and responsibilities are similar to those of the non-
working supervisory employees. The United, the Paper Makers, and
the Pulp Workers all desire the inclusion of working foremen. in
the units they respectively claim are -,appropriate, and, all three
organizations have f solicited membership, allegedly successfully,
among the working foremen. The I. B. E. W. did not state its
position on the question. Since the labor organizations here involved
do not identify the working foremen with the management, but
instead admit them to membership, and since at least some of the
working foremen have apparently joined the unions, we shall-include
them in the respective groups requested by the I. B. E. W., the Paper
Makers, and the Pulp Workers as appropriate units.
•Rackmen. The Company 'employs approximately 124 persons in
its powerhouses. Of this number, 25 are electrical operators and the
rest are rackmen, whose function is to rake the bark away from
the grates that permit the water to run into the turbines. Some of
them also assist the electrical operators from time to time. The
I. B. E. W. wishes the rackmen excluded from the unit of electrical
workers, since their work is less skilled and not primarily electrical.
The Pulp Workers admits them to membership, since it admits vir-
tually all employees not admitted to the I. B. E, W. and the Paper
Makers. We shall. exclude the rackmen from the group requested
by the I. B. E. W. as an appropriate unit, and shall include them
with the group requested by the Pulp Workers.
Salaried electrical workers. The I. B. E. W. wishes to exclude
salaried electrical workers from the unit it contends is appropriate.
From the record it does not appear that any of the other organiza-
tions make any distinction between salaried and hourly paid workers.
same departments. We shall therefore consider salaried employees and hourly paid em-
ployees together, and will use other criteria than method of payment to determine whether
employees are excluded.
312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As stated above in connection with laboratory employees,0 no satis-
factory reason appears for considering salaried employees in a dif-
ferent manner than paid employees doing the same work. We shall
include salaried electrical workers with the group requested by the
I. B. E. W. as an appropriate unit. -
Towel makers. In one of the two paper mills there is a separate
room in which approximately 100 persons are engaged in towel mak-
ing. The Paper Makers wants them excluded from the unit it con-
,tends is appropriate. The Pulp Workers admits them to member-
ship. While the Company considers towel making a specialized part
of the paper-making process, the Paper Makers have not attempted
to organize or bargain ,for these employees, since only employees,of
the paper, machine, beating. and finishing rooms' are integral parts-
of the operations concerned with the actual conversion of pulp into,
paper. We shall exclude the towel makers from the group requested
by the Paper Makers as an appropriate unit but shall include them
with the group requested by the Pulp Workers.
Employees in the paper mills other than those in the paper machine,
beating, and finishing rooms. In each of the paper mills there are
employees in the web machine room and shipping room, and em-
ployees engaged in maintenance and other miscellaneous work. The
Paper Makers wants them excluded from the unit it contends in
appropriate. The Paper Makers has not attempted to organize or
bargain \for them, since their functions are considered merely in
cidental to the actual manufacture of paper. The Pulp Workers
admits them to membership. We shall exclude the employees in the
paper mills other than those in the paper machine, beating, and
finishing rooms from the group requested by the Paper Makers as
an appropriate unit' and shall include them with the group requested
by the Pulp Workers.
Balloting will be conducted as follows :
(1) Among all powerhouse operators, and electrical workers in
the construction gangs, repair shop, and maintenance crews, including
salaried electrical workers and working foremen, but excluding
watchmen, rackmen, trainmen, employees of the Brown Company
store, , administrative personnel, office employees, and non-working
supervisory employees, to determine whether they desire to be rep-
resented by the If. B. E. W., by the United, or by neither;
(2) Among all employees in the paper machine rooms, beating
rooms, and finishing rooms of the two paper mills, including salaried
employees-and working foremen, but excluding watchmen, trainmen,
employees of the Brown Company store, administrative personnel,
office employees, non-working supervisory employees, towel makers,
9 See footnote 8, supra.
1
BROWN COMPANY 313,
and employees in the paper mills other than those in the paper ma-
chine, beating, and finishing rooms, to determine whether they desire
to be represented by the Paper Makers, by the United, or by neither;
(3) Among all watchmen, excluding head watchmen, to determine
whether or not they desire to be represented bythe United;
(4) Among all employees including salaried 'employees, factory
clerks, working foremen, employees in the research and development
laboratory, rackmen, towelmakers, and employees in the paper mills,
but excluding trainmen, employees of the Brown Company store,
administrative personnel, office employees, non-working supervisory
employees, graduate chemists in the research and development labora-
tory, timekeepers, and all employees included within groups (1), (2),
and (3), set forth above, to determine whether they desire to be rep-
resented by the Pulp Workers, by the United, or by neither.
Upon the results of these elections will depend the determination
of the appropriate unit, or units, for the purposes of collective bar-
gaining. If the employees in groups (1), (2), or (3), select a repre-
sentative other than the representative selected by the employees of
group (4), they will each constitute a separate and distinct appro-
priate unit. If the employees in groups (1), (2), or (3) choose
the same representative as may be chosen by the employees in group
(4), such employees will be merged into a single unit with the em-
ployees in group (4).
VI. THE DETERMINATION OF REPRESENTATIVES
We have concluded above that elections by secret ballot are necessary
to determine the desires of the employees as to the appropriate unit
or units. Such elections will also determine their desires as to their
bargaining representative or representatives. We shall follow our
usual practice and direct that those eligible to vote in the elections
shall be the employees within the respective groups who were em-
ployed by the Company during the pay-roll period immediately pre-
ceding the date of our Direction of Elections subject to such limita-
tions and additions as are set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
Iecord in the case, the Board makes the following:
CONCLusION OF LAW
A question affecting commerce has arisen concerning the representa-
tion of employees of the Brown Company, Berlin, New Hampshire,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the Act.
314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION-, OF ELECTIONS , ,
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 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for collective bargaining with
Brown Company, Berlin, New Hampshire, separate elections by
secret ballot shall be conducted as early as possible, but not later
than thirty (30) days from the date of this Direction of Elections,
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, Section 9, of said
Rules ,and Regulations, among those employees of Brown Company
who fall within the groups indicated below who were employed by
the Company during the pay-roll period immediately preceding the
date of our Direction of Elections, including employees who did
riot work: during such 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- all employees
who have since quit or been discharged for cause:
(1) All powerhouse operators, and electrical workers in the con-
struction gangs, repair shop, and maintenance crews, including sal-
aried electrical workers and working foremen, but excluding watch-
men, rackmen, trainmen, employees of the Brown Company, store,
administrative - personnel,- office employees,. and non-working super-
visory employees, to determine whether they. desire to be represented
by International Brotherhood of Electrical Workers, Local Union No.
296, or by United Mine Workers of America, District 50, Local
12,175 ,(C. I. 0.), for the purposes of collective bargaining, or by
neither ; _
(2) All employees in the paper machine rooms, beating rooms,
and finishing rooms of the two paper mills, including salaried em-
ployees and working foremen, but excluding watchmen, trainmen,
employees of the Brown Company store, administrative personnel,
office employees, non-working supervisory employees, towel makers,
and employees in the paper mills other than those in the paper
machine, beating, and finishing rooms, to determine whether they
desire to be represented by International Brotherhood of Paper
Makers, Local 138 (A. F. L.), or by United Mine Workers' of Amer-
ica, District 50, Local 12,175 (C. I. 0.), for the purposes of collective
bargaining, or by neither;
BROWN COMPANY 315
(3) All watchmen, excluding head watchmen, to 'determine
whether or not they desire to be represented by the United Mine
Workers of America, District 50, Local 12,175 (C. I. 0.), 'for the
purposes of 'collective bargaining;
(4) All employees, including salaried employees, factory clerks,
working foremen, employees in the research and development labo-
ratory, rackmen, towel makers, and employees in the paper mills,
but excluding trainmen, employees of the Brown Company store,
administrative personnel, office employees, non-working supervisory
employees, graduate chemists in the research and development lab-
oratory, timekeepers, and all employees within groups (1), (2), and
(3) set forth above, to determine whether they desire to be repre-
sented by International Brotherhood of Pulp, -Sulphite, and Paper
Mill Workers (A. F. L.), or by United Mine Workers of America,
District 50, Local 12,175 (C. I. 0.), for the purposes of collective
bargaining, or by neither.
MR. EDWIN S. SMITH, dissenting :
I dissent from the opinion of the majority with respect to the
determination of the appropriate unit or units. ' All the operations
of the Company are conducted as a single integrated enterprise.
Employees are interchangeable among the various divisions, and
employment policies and discharge of employees are handled by a
central office. The record shows a negligible history of collective
bargaining by the I. B. E. W., the Paper Makers, and the Pulp
Workers prior to their requests for' recognition made before the
institution of these proceedings.10 Further, none of these organiza-
tions has shown a substantial enough interest, in the units which
they claim are appropriate, to impel us to accord any substantial
weight to their requests on the matter of appropriate unit.-
^, In order to preserve the maximum bargaining power of the em-
ployees and thus to effectuate the policies of the Act, I would, in
accordance with my previous expressions, find the industrial unit
to be appropriate.12
10 Cf. my concurring opinion in Matter of American Hardware Corporation and United
Electrical and Radio Workers of America, 4 N. L. R B. 412, 422.
n See footnote 2, supra.
12 See Matter of Allis-Chalmers Manufacturing Company and International Union, United
Automobile Workers of America, Local 248, 4 N. L. R. B. 159; Matter of American Can
Company and Engineers Local No 30, et. al ., 13 N. L. R. B. 1525; Matter of Baltimore
Brick Company and Material Yard and Residential Construction Laborers Union Local 912,
25 N. L R. B 759.