Brown Co.

National Labor Relations Board - Board Decisions

Jul 29, 1941

33 N.L.R.B. 840 (N.L.R.B. 1941)

In the Matter of BROWN COMPANY and INTERNATIONAL BROTHERHOOD
PULP, SDLPHITE, 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-2337, inclusive
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 29, 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 those employees of Brown Company, Berlin,
New Hampshire , who fall within the groups described below :
(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 employees
and working foremen, but excluding watchmen, trainmen , employees
of the Brown Company store, administrative personnel , office em-
ployees, non -working supervisory employees, towel makers , and em-
ployees in the paper mills other than those in the paper-machine,
131 N L. R. B 303.
33 N. L. R. B., No. 157.
840
BROWN COMPANY 841
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, rackmen, towel makers, and employees in the paper mills, but
excluding trainmen, employees of the Brown Company store, ad-
ministrative personnel, office employees, non-working supervisory em-
ployees, graduate chemists in the research and development laboratory,
timekeepers, and all employees within groups (1), (2), and (3) set
forth above, 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 collective 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 pur-
suant 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 Brotherhood
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
;$42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total Number of Ballots Marked for International Brotherhood
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
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 Brotherhood
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
On June 12, 1941, the Board issued is Supplemental Decision and
Second Direction of Election,2 directing that a second election by secret
ballot be conducted among the employees in group (2), above, namely
all 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, to determine whether they desired to be,repre-
sented by International Brotherhood of Paper Makers, Local 138
(AFL), or United Mine Workers of America, District 50, Local 12,175
(CIO), for the purposes of collective bargaining. Pursuant to
this Direction of Election, an election by secret ballot was con-
ducted on June 30, 1941, under the direction and supervision of
the Regional Director for the First Region (Boston, Massachusetts).
,On July 3, 1941, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regulations=
Series 2, as amended, issued and duly served upon the parties his
2 32 N. L R. B 631
BROWN COMPANY 843
Election Report. No objections to the conduct of the ballot or to the
Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported as
follows :
Total number eligible to vote_______________________________ 292
Total number of votes cast_____________ ___________________ 256
Total number of valid votes cast_____ _______________________ 251
Total number of ballots marked for International Brotherhood
of Paper Makers, Local 138 (AFL) ------------------------ 112
Total number of ballots marked for United Mine Workers of
America, District 50, Local 12,175 (CIO) --- - -------------- 139
Total number of blank ballots______________________________ 1
Total number of void ballots _______________________________ 0
Total number of challenged ballots___ _______________________ 4
Upon the entire record in the case, the Board makes the following :
FINDING OF FACT
In order to insure to the employees of Brown Company, Berlin, New
Hampshire, the full benefit of their right to self-organization and
collective bargaining and otherwise to effectuate the policies of the
Act, we find that all employees, including salaried employees, factory
clerks, working foremen, employees in the research and development
laboratory, rackmen, employees in the two paper mills, towel makers,
watchmen employed by the Company, powerhouse operators, electrical
workers in the construction gangs, repair shop, and maintenance
crews, but excluding trainmen, employees of the Brown Company
store, administrative personnel, office employees, non-working super-
visory employees, graduate chemists in the research and development
laboratory, timekeepers, and head watchmen, constitute a unit
appropriate for the purposes of collective bargaining.3
Upon the basis of the above finding of .fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
All employees, including salaried employees, factory clerks, working
foremen, employees in the research and development laboratory, rack-
men, employees in the two paper mills, towel makers, watchmen em-
ployed by the Company, powerhouse operators, electrical workers in
the construction gangs, repair shop, and maintenance crews, but ex-
cluding trainmen, employees of the Brown Company store, adminis-
trative personnel, office employees, non-working supervisory employees,
graduate chemists in the research and development laboratory, time-
3 This unit includes all the employees within groups ( 1), (2), (3), and (4).
844 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
keepers, and head watchmen, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the National Labor` Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, 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 CERTIFIED that, United Mine Workers of America,
District 50, Local 12,175 (CIO), has been designated and selected by
a majority of all employees, including salaried employees, factory
clerks, working foremen, employees in the research and development
laboratory, rackmen, employees in the two paper mills, towel makers,
watchmen employed by the Company, powerhouse operators, electrical
workers in the construction gangs, repair shop, and maintenance
crews, but excluding trainmen, employees of the Brown Company
store, administrative personnel, office employees, non-working super-
visory employees, graduate chemists in the research and development
laboratory, timekeepers, and head watchmen, as their representative
for the purposes of collective bargaining, and that, pursuant to Sec-
tion 9 (a) of the National Labor Relations Act, United Mine Workers
of America, District 50, Local 12,175 (CIO), is the exclusive repre-
sentative of all such employees for the purposes of collective bar-
gaining with respect to rates of pay, wages, hours of employment,-and
other conditions of employment.
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