Brown Paper Goods Co.

National Labor Relations Board - Board Decisions

Aug 22, 1941

34 N.L.R.B. 743 (N.L.R.B. 1941)

In the Matter of BROWN PAPER GOODS Co. and UNITED PAPER NOvELTY
& Toy WORKERS INTERNATIONAL UNION, LOCAL 148 (C. I. 0.)
Case No. R-^'^^1.-•Decided August 02, 1941
Jurisdiction : envelope and glassine bag manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition because of doubt that union represented
majority ; election necessary.
Unit Appropriate for Collective Bargaining : compositors, pressmen and feed-
ers, cutters, machine adjusters, machine operators, maintenance men, porters,
shipping and receiving room employees, and stock handlers at one of two
buildings of the Company, excluding supervisory, office and clerical employees ;
Company's contention that unit include employees at second building rejected
because only one building organized by union.
Mr. Otto A. Jaburek, of Chicago, Ill., for the Company.
Mr. Burt J. Mason, of Chicago, Ill., for the Union.
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 16, 1941, United Paper Novelty & Toy Workers Interna-
tional Union, Local 148 (C. I. 0.), herein called the Union, filed with
the Regional Director for-the Thirteenth Region (Chicago, Illinois)
a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Brown Paper Goods
Co., Chicago, Illinois, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On July 5, 1941, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act,
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
34 N. L. R. B., No. 93.
743
744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On July 8, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on July 23, 1941, at Chicago,
Illinois, before Russell Packard, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company and the Union were
represented by counsel and participated in the hearing. Full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
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 Paper Goods Co., an Illinois corporation with its principal
place of business at Chicago, Illinois, is engaged in the manufacture,
distribution, and sale of envelopes and glassine bags. It operates
in two buildings in the city of Chicago , one at 900 West Lake Street,
where envelopes are manufactured, and another at 218 North May
Street, where glassine bags are manufactured . During the year 1940,
80 per cent of the raw materials used in the manufacture of envelopes
were purchased outside the State of Illinois and shipped to the Com-
pany's plant in Chicago. During the same period 75 per cent of
the raw materials used in the manufacture of glassine bags were pur-
chased outside the State of Illinois , and shipped to the Company's
plant. The gross sales of the Company for the year 1940 amounted
to $800 ,000, of which amount 25 per cent represented products of the
Company shipped to points outside the State of Illinois.
II. THE ORGANIZATION INVOLVED
United Paper Novelty & Toy Workers International Union, Local
148, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During the spring of 1941 the Union began organizing the em-
ployees of the Company's West Lake Street building. On April 30,
1941, the Company and the Union arranged a meeting to be held on
May 6, 1941. On the following day the Company addressed a letter
BROWN PAPER GOODS CO. 745
to the Union, stating that it did not believe that the Union repre-
sented a majority of its employees and for that reason the Company
would not enter into bargaining negotiations with the Union.
There was introduced in evidence a statement by the Regional
Director which indicates that the Union represents a substantial
number of employees of the Company.'
We find that a question has arisen concerning the representation of
employees of the Company.
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. THE APPROPRIATE. UNIT
The Union contends that the appropriate unit should include all
compositors, pressmen and feeders, cutters, machine adjusters, machine
operators, maintenance men, porters, shipping- and receiving-room
employees, and stock handlers, exclusive of supervisory, office, and
clerical employees, at the West Lake Street building of the Company.
The Company contends that the unit should include the same types of
employees at both the West Lake Street building and the North May
Street building of the Company.
It appears that machine adjusters, machine operators, shipping-
room employees and stock handlers are employed at the North May
Street. building, and that the employees at North May Street are
eligible for membership in the Union. Printing, billing, and pur-
chasing for both plants are done at, the West Lake Street building.
There would appear, therefore, to be merit to the Company's conten-
tion that the employees of both buildings constitute an appropriate
bargaining unit. However, the Union has organized only the em-
ployees at the West Lake Street building, being currently engaged
in a drive to organize envelope workers in the City of Chicago.
Under these circumstances, we see no reason for depriving the em-
1 The Regional Director 's statement shows that the Union submitted 32 applications for
membership cards, all of which appear to be genuine . Twenty of the 32 names appear on
the Company 's pay roll for the week ending May 22, 1941. On the July 17, 1941, pay roll
of the Company there are 51 production and maintenance employees , exclusive of super-
visory and office clerical employees , at the West Lake Street building, and 50 at the North
May Street building,
746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees at West Lake Street of the benefits of collective bargaining
until' such time as the employees at North May Street may be or-
ganized also.2 Our determination herein as to the appropriate unit,
however, is no bar to a later revision in accordance with changes in the
status of self-organization of the Company's employees.
We find that all compositors, pressmen and feeders, cutters, machine
adjusters, machine operators, maintenance men, porters; shipping-
and receiving-room employees, and stock handlers at the West Lake
Street building of the Company, excluding supervisory, office, and
clerical employees, constitute a unit appropriate for the purposes of
collective bargaining, and that said unit will insure to employees of
.the Company the full benefit of their right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by holding an election by secret ballot.
The Company and the Union agreed that a current pay roll shall be
used to determine those eligible to vote. - Persons eligible to partici-
pate in the election shall be the employees in the appropriate unit
who were employed by the Company during the pay-roll period next
preceding this Direction, subject to such limitations and additions as
are set forth in the Direction hereinafter.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees at the West Lake Street building of Brown
Paper Goods Co., Chicago, Illinois, within the meaning of Section 9
(c) and Section 2 (6) and (7) of the National Labor Relations Act.
2. All compositors, pressmen and feeders, cutters, machine ad-
justers, machine operators, maintenance men, porters, shipping- and
receiving-room employees, and stock handlers, excluding supervisory,
office, and clerical employees, employed at the West Lake Street
building of the Company, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
2 See Matter of Foster-Grant Co., Inc . and Local No 60, Molders Union of Leominster,
affiliated to United Paper, Novelty and Toy Workers International Union ( C. I. 0.), 32
N. L R. B . 486, and cases cited therein.
BROWN PAPER GOODS CO. 747
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, 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 the purposes of collective bargaining
with Brown Paper Goods Co., Chicago, Illinois, an election by secret
ballot shall be conducted 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, Section 9, of said Rules and
Regulations, among all compositors, pressmen and feeders, cutters,
machine adjusters, machine operators, maintenance men, porters;
shipping- and receiving-room employees, and stock handlers in the
West Lake Street building of the Company who were employed dur-
ing the pay-roll period next preceding the date of this Direction,
including employees who did not work during such pay-roll period
because they were ill or on vacation or in the active military services
or training of the United States, or temporarily laid off, but exclud-
ing supervisory, office, and clerical employees, and employees who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by United Paper Novelty &
Toy Workers International Union, Local 148 (C. I. 0.), for the
purposes of collective bargaining.
MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Direction of Election.