45 N.L.R.B. 1289 (N.L.R.B. 1942)

Chesapeake Corp. of Virginia

National Labor Relations Board - Board DecisionsDec 12, 1942

45 N.L.R.B. 1289 (N.L.R.B. 1942)

In the Matter of CHESAPEAKE CORPORATION OF VIRGINIA and INTER- NATIONAL BROTHERHOOD OF PAPER MAKERS, PAMUKEY LOCAL 457, A. F. OF L. In the Matter Of CHESAPEAKE CORPORATION OF VIRGINIA and INTER- NATIONAL BROTHERHOOD OF PULP, SULPHITE & PAPER MILL WORKERS] WEST POINT LOCAL 467 , A. F. OF L. Case No. R-4522 and R-45.3, respectively.Decided December 12, 1942 Jurisdiction :, paper manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition because of alleged existing contract; contract about to expire held no bar ; election necessary. Unit Appropriate for Collective Bargaining : separate units for (1) all production and maintenance employees engaged in papermaking, and (2) all production and maintenance employees of sulphate pulp mill, with specified exclusions from each group. Mr. David N . Sutton, of West Point, Va., for the Company. Mr. Denver -Lambert, of West Point, Va., for the Papers Makers. Mr. A. B . Hoff, of West Point, Va., for the Pulp Workers. Mr. Louis Cokin , of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon separate petitions duly filed by International Brotherhood of Paper Makers, Pamukey Local 457, A. F. of L., herein called the Paper Makers, and International Brotherhood of Pulp, Sulphite & Paper Mill Workers, West Point 'Local 467, A. F. of L., herein called the Pulp Workers, alleging that questions affecting commerce had arisen concerning the representation of employees of Chesapeake Corporation of Virginia, West Point, Virginia, herein called the Company, the National Labor Relations.Board consolidated the cases and provided for an appropriate hearing upon due notice before Albert P. Wheatley, Trial Examiner. Said hearing was held at 45 N. L. It. B., No. 177. 1289 1290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD West Point, Virginia, on November 12, 1942. The Company, the Paper Makers, and the Pulp Workers appeared, participated, 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. ... Upon the entire record in the case, the Board makes the following : FINDINGS - OF FACT 1. THE BUSINESS OF THE COMPANY Chesapeake Corporation of Virginia is a Virginia corporation with its principal place of business at West Point, Virginia, where it'is engaged in the manufacture, sale, and distribution of kraft board, pulp, and paper. The Company receives raw materials- valued in excess of $500,000 annually from points outside of Virginia and ships finished products out of Virginia valued in excess of $5,000,000 annu- ally. The Company admits that it is engaged in commerce within the meaning of the National' Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Brotherhood of Paper Makers, Pamukey Local 457, and ' International Brotherhood of Pulp, Sulphite' & Paper Mill Workers, West Point Local 467, 'are labor organizations affili5ted with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION On September 11, 1942, the Piper Makers and the Pulp Workers each requested the Company to recognize it as exclusive representative of certain of the Company's employees. The Company refused these requests stating that it was operating under a contract with another labor organization. On January 8, 1942, the Company entered into an exclusive contract with Employees Council of Chesapeake Corporation of Virginia, herein called the Independent. This contract by its terms expires Jnn-- uary 8, 1943. Inasmuch as the contract is about to expire, we find that it does not constitute a. bar to a present determination of repre- sentatives. Statements of the Regional Director, introduced into evidence dur- ing the hearing, indicate that the Paper Makers and the Pulp Workers - -CHESAPEAKE CORPORATION OF. VIRGINIA - 1291 each represents a substantial number of the employees in the unit al- leged by each to be appropriate." We find that questions affecting sommerce have 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 The Paper Makers contends that a.11-production and maintenance employees engaged in papermaking at the West Point plant of the Company, excluding supervisory and clerical employees, constitute an appropriate unit. The Pulp Workers contends that all 'production and maintenance employees at the sulphate pulp mill of the Com- pany at West Point, excluding supervisory and clerical employees, constitute-an appropriate unit. The Company agrees with the scope of the units requested by the Paper Makers and the Pulp Workers. The only controversy with respect to the units concerns boss machine tenders. The Company has employees engaged in papermaking classified as boss machine tenders. The Paper Makers requests that such em- ployees be included in the unit and the Company that they be ex- cluded. Each of the boss machine tenders has about 22 employees under him and they are paid on a salary basis in contrast to the other employees who are paid on an hourly rate. The record indi- cates that the employees in dispute do not engage in any manual duties, but spend all their time performing supervisory functions. We- shall exclude the boss machine tenders from the paper mill unit. The contract between the Independent and the Company alluded to above covered all employees in the paper mill and sulphate pulp mill as a single bargaining unit. However, in June 1942, the employees who were members of the Independent voted to dissolve that organ- ization and to become part of the Paper Makers or Pulp Workers. The sulphate pulp mill and the paper mill are operated by the Coin- pany as separate and- distinct plants and- each is located in separate buildings which are separated by railroad tracks. The Company, in the instant proceeding, agrees with the Paper Makers and Pulp Workers that the Company's employees should be set up as two sepa- I The Regional Director reported that the Paper Makers presented 84 membership appli. cation cards bearing apparently genuine signatures of persons whose names appear on, the Company's pay roll of October 1, 1942. There are 88 employees in the unit alleged to be appropriate by the Paper Makers. The Regional Director further reported that the Pulp Workers presented 398 membership application cards bearing apparently genuine signatures of persons whose names appeal on the Company's pay roll of October 1, 1942. There are approximately 485 persons in the unit alleged to be appropriate by the Pulp Workers The Independent did not present any evidence of representation to the Regional Director and the record indicates that the Independent is no longer in existence, the Paper Makers and the Pulp Workers having taken over its membership.' 1292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rate bargaining units. No other labor organization seeks to repre- sent the Company's employees in a single bargaining unit at this time. We find that all production and maintenance employees engaged in papermaking at the West Point plant of the Company, excluding super- visory and clerical employees and boss machine tenders, constitute a unit appropriate for the purposes of collective bargaining, within the meaning,of Section 9 (b) of the Act. We further find that all production and inaiiiteiiance employees_.at the sulphate pulp mill of the Cori-ipany at West Point, excluding super- visory and clerical employees, constitute a unit appropriate 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 questions concerning representation which have arisen be resolved by elections by secret ballot among employees of the Company within the appropriate units who were employed during the pay-roll period imine 'diately"preceding^,the date of the Di- rection of Elections herein, subject to the limitations and additions set forth in the Direction. 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain represent- atives for the purposes of collective bargaining with Chesapeake Cor- poration of Virginia, West Point, Virginia, elections 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 super- vision of the Regional Director for the Fifth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among (1) All production and maintenance employees engaged in paper- making at the West Point plant of the Company who were employed during the pay-roll- period immediately 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 mili- tary service or training of the United States, or temporarily laid off, but excluding supervisory and clerical employees, boss machine tend- ers, and employees who have since quit or been discharged for cause, CHESAPEAKE CORPORATION OF VIRGINIA 1293 to determine whether or not they desire to be represented by Interna- tional Brotherhood of Papermakers, Pamukey Local 457, affiliated with the American Federation of Labor, for the purposes of collective bargaining. (2) All production and maintenance employees at the sulphate pulp mill of the Company located at West Point who were employed during the pay-roll period immediately 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 mili- tary service or training of the United States, or temporarily laid off,, but excluding supervisory 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 International Brotherhood of Pulp, Sulphite, & Paper Mill Workers, West Point Local 467, affili- ttted with the American Federation of Labor, for the purposes •of collective bargaining.