Brown Co.

National Labor Relations Board - Board Decisions

Jun 12, 1941

32 N.L.R.B. 631 (N.L.R.B. 1941)

In the Matter of BROWN COMPANY and INTERNATIONAL BROTHERHOOD
OF 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 BROTHERHOOD
OF PAPER MAKERS, LOCAL 138 (AFL)
Cases Nos. R-2335 to R-0337 inclusive
Investigation and Certification of Representatives : run-off" election directed.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
June 12, 1941,
On April 24, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision. and Direction of Elections in the
above-entitled proceedings,' directing that elections by secret ballot
be conducted among : , , •
(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.O.), 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 ma-
131 N. L. R. B. 303
32 N. L. R. B., No. 115.
631
632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
chine, 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 America, District
50, Local 12,175 (C. I. 0.), for the purposes of collective bargaining,
or by neither.
(3) All watchmen employed by the Company, but 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 labora-
tory, rackm`en, towel makers, but excluding trainmen, employees of
the Brown Company store, administrative personnel, office employees,
non-working supervisory employees, graduate chemists in the research
and development laboratory, timekeepers, powerhouse operators and
electrical workers, watchmen, employees in the paper machine rooms,
beating rooms, and finishing rooms, to determine whether they desire
to be represented 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 col-
lective bargaining, or by neither.
Pursuant to the Decision and Direction of Elections, elections by
secret ballot were conducted on May 12, 1941, under the direction and
supervision of the Regional Director for'the First Region (Boston,
Massachusetts). On May 15, 1941, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, prepared and duly
served upon the parties an Election Report, setting forth the follow-
ing results of the aforesaid elections :
Group (1)
Total Number Eligible to Vote_____________________________ 120
Total Number of Votes Cast_______________________________ 108
Total Number of Valid Votes Cast_________________________ 107
Total Number of Ballots Marked for International Brother-
hood of Electrical Workers, Local Union No. 296___________ 31
Total Number of Ballots Marked for United Mine Workers
of America, District 50,•Local 12,175 (C. I. 0 )____________ 67
Total Number of Ballots"Marked "Neither"________________ 9
Total Number of Blank -Ballots ----------- ------------------ •0
Total Number of Void Ballots ----------------------------- 0
Total Number of Challenged Ballots ----------------------- 1
Group (2)
Total Number Eligible to Vote_____________________________ 300
Total Number of Votes Cast_______________________________ 259
Total Number of Valid Votes Cast_________________________ 253
BROWN COMPANY
Total Number of Ballots Marked for International Brother-
hood of Paper Makers, Local 138 (A. F. L.) ------------- - - 123
Total Number of Ballots Marked for United Mine Workers
of America , District 50, Local 12,175 (C. I. 0.) -------------- 98
Total Number of Ballots Marked "Neither "________________ 32
Total Number of Blank Ballots____________________________ 1
Total Number of Void Ballots----------------------------- 1
Total Number of Challenged Ballots ----------------------- 4
Group (3)
Total Number Eligible to Vote_____ ________________________ 61
Total Number of Votes Cast_______________________________ 36
Total Number of Valid Votes Cast------------------------- 35
Total Number of Ballots Marked "Yes "-------------------- 20
Total Number of Ballots Marked "No"--------------------- 15
Total Number of Blank Ballots----------------------------- 1
Total Number of Void Ballots_____________________________ 0
Total Number of Challenged Ballots ----------------------- 0
633
Group (4)
Total Number Eligible to Vote_____________________________ 2,375
Total Number of Votes Cast ------------------------------ 1,902
Total Number of Valid Votes Cast___ ______________________ 1,887
Total Number of Ballots Marked for International Brother- .
hood of Pulp, Sulphite, and Paper Mill Workers (A. F. L.) - 315
Total Number of Ballots Marked for United Mine Workers of
America, District 50, Local 12,175 (C. I. 0.) --------------- 1,010
'Total Number of Ballots Marked "Neither"---------------- 562
Total Number of Blank Ballots____ ________________________ 5
Total Number of Void Ballots ---------------- ------------- 10,
Total Number of Challenged Ballots --- -------------------- 0
No objections were thereafter filed to the Election Report or to
the conduct of the elections. On May 21, 1941, the United Mine
Workers, District 50, Local 12,175 (C. I. 0.), herein called the United,
filed a motion asking that it be certified as the bargaining representa-
tive of all the employees of Brown Company, with all groups, includ-
ing the paper mill employees (Group 2), considered as one unit, oil
the ground that it had been designated, as shown by the Election
Report, as bargaining representative by a majority of all the em-
ployees who voted in the several elections. Since the Board provided
in its original Decision that it would certify the United as sole bar-
gaining agent for all employees of Brown Company in a single unit
only in the event that it was so designated in all four elections, and
since the paper mill employees (Gioup 2) did not so designate the
United, the motion is hereby denied.
In its motion the United asked'that in the event that it was riot
certified for all the groups at this time; a run-off election be held
among the paper mill employees, (Group 2). Although neither of the
labor organizations competing within Group 2 received a majority
634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the votes cast by the eligible employees within the group above
described, the results of the election show that a substantial majority
of the employees in question desire to bargain collectively with the
Company. Accordingly, we shall direct a run-off election in which
such employees will be given an opportunity to decide whether they
desire to be represented by the International Brotherhood of Paper
Makers, Local 138 (A. F. L.) or by United Mine Workers of America,
District 50, Local 12,175 (C. I. 0.) for the purposes of collective
bargaining.
SECOND 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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
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 determine the appropriate unit, or units, and to ascertain representa-
tives for collective bargaining with Brown Company, Berlin, New
Hampshire, an election by secret ballot shall be conducted as early as
possible, but not later than thirty (30) days from the date of this
Supplemental Decision and Second Direction of Election, under the
direction and supervision of the Regional Director for the First Re-
gion, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regu-
lations, among all the employees in the paper machine rooms, beating
rooms, and finishing rooms of the two paper mills described in the
Direction of Elections issued April 24, 1941, but excluding those who
have since quit or been discharged for cause, 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 America,
District 50, Local 12,175 (C. I. 0.), for the' purposes of collective
bargaining.
MR. EDWIN S. SMITH, dissenting in part :
For the reasons set forth in my dissenting opinion in the Cuda7i.y
case z I would provide at this time that if the run-off election results
in a tie vote that the paper mills employees be included in the indus-
trial unit and the United certified as the exclusive representative of
all the employees.
2 Matter of The Cudahy Packing Company and Local 55, United Packinghouse Worle,s
of America, of Packinghouse Workers Organizing, Committee, C. I. 0., 32 N. L It. B
72; see also my dissenting opinions in Matter of Data Manufacturing Company and
Lodge 'No, 1x05, International Association of Machinists-A. F. of L., 32 N. L R R. 307,
and Matter of The Quaker Oats Company and United Cereal Workers Local Industrial
Union, No . 1105, 32 N. L R. B 312.