Columbian Paper Co.

National Labor Relations Board - Board Decisions

Mar 15, 1945

60 N.L.R.B. 1201 (N.L.R.B. 1945)

In the Matter Of COLUMBIAN PAPER COMPANY and INTERNATIONAL
BROTHERHOOD OF PULP , SULPHITE & PAPER MILL WORKERS, A. F.
OF L.
Case No. 5-R-1759.-Decided March 15, 1945
Mr. J. Frank Key, of Buena Vista, Va., and Mr. W. R. Johnson, of
Bristol, Va., for the Company.
Mr. A. B. Hoff, of Covington, Va., and Mr. J. B. Moser, of Bristol,
Va., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Pulp,
Sulphite & Paper Mill Workers , A. F. of L., herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Columbian Paper Company,
Bristol , Virginia , herein called the Company , the National Labor
Relations Board provided for an appropriate hearing upon due notice
before James D. Shalloo, Trial Examiner . Said hearing was held
at Bristol , Virginia, on January 30, 1945. The Company and the
Union 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.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Columbian Paper Company is a Virginia corporation operating a
plant at Bristol, Virginia, where it is engaged in the manufacture of
60 N. L. R. B., No. 204.
628563-45-vol . 60-77 1201
1202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
wood pulp., During 1943 the Company purchased materials for its
Bristol plant valued in excess of $500,000, about 80 percent of which
was shipped to it from points outside the Commonwealth of Virginia.
During the same period the Company produced products at its Bris-
tol plant valued in excess of $1,000,000, about 80 percent of which was
shipped to points outside the Commonwealth of Virginia.
The Company admits, for the purposes of this proceeding, that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Pulp, Sulphite & Paper Mill Workers
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION; THE ALLEGED
APPROPRIATE UNIT
On June 28, 1943, the Union was certified as the exclusive collective
bargaining representative of all production and operating employees
at the Bristol plant of the Company, excluding maintenance and
technical employees, guards, and office, clerical, and supervisory em
ployees. Since then, the Company.has recognized the Union as the
exclusive collective bargaining representative of all such employees.
The Union now seeks to enlarge the scope of its present bargaining
unit by adding thereto three employees classified by the Company as
guards. The Company opposes the Union's position.
The Company has three persons on its pay roll classified as guards.
Although they are not uniformed nor armed, they are deputized as
special police by the city of Bristol, Virginia. They are under a duty
to report infractions of the Company's regulations and guard the
Company's premises against trespassers and fires. The Company
maintains a separate locker room for these employees. In addition
to their duties as guards, these employees spend part of their working
hours as filter operators and in the performance of other production
and operational duties. While so acting, they perform work similar
to that of the other employees of the Company. It appears that they
spend at least 50 percent of their time acting as guards. In addition
to the guards, the Company employs persons classified as watchmen.
The latter are also deputized as special police by the city of Bristol,
Virginia, but devote almost their full working time to plant-protection
duties. In view of our customary policy of excluding deputized
plant-protection employees from the units of production and main-
tenance employees, we shall deny the request of the Union to enlarge
COLUMBIAN PAPER COMPANY 1203
its present unit by including the guards. Nor shall we set up a sepa-
rate unit for these employees at this time inasmuch as it appears that
their duties are similar to those of the deputized watchmen, alluded
to above, whom the Union does not seek to represent at this time. We
therefore find that no question concerning the representation of em-
ployees of the Company in an appropriate bargaining unit has arisen
within the meaning of Section 9 (c) of the Act. Accordingly, we shall
dismiss the petition.
ORDER
Upon the basis of the foregoing findings of fact and the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of Columbian Paper Company, Bristol, Virginia, filed
by International Brotherhood of Pulp, Sulphite & Paper Mill Work-
ers, A. F. of L., be, and it hereby is, dismissed.
MR. GERARD D. REZLLY took no part in the consideration of the above
Decision and Order.