Consolidated Paper Co.

National Labor Relations Board - Board Decisions

Mar 21, 1941

30 N.L.R.B. 485 (N.L.R.B. 1941)

In the Matter of CONSOLIDATED PAPER COMPANY and LOCAL INDUSTRIAL
UNION, LOCALS 1001 AND 1006 (C. I. 0.)
In-the Matter of CONSOLIDATED PAPER COMPANY and LOCAL INDUSTRIAL
UNION, LOCALS 1001 AND 1006, AFFILIATED WITH THE CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Cases Nos. R-1686 and C-1831.Decided March 21,1941
Jurisdiction : paper manufacturing. industry.
Settlement : stipulation providing for compliance with the Act.
Remedial-Orders : entered on stipulation.
Mr. Earl R. Cross, for the Board.
Mr. H. L. Rauch, of Monroe, Mich., for the respondent.
Mr. Severino Pollo, of Detroit, Mich., for the Union.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On December 5, 1939, Local. Industrial Union, Locals 1001 and 1006,
herein called the Union, filed with the Regional Director for the Seventh
Region (Detroit; Michigan) a petition, and on January 5, 1940, an
amended petition,1 alleging that a -question affecting commerce had
arisen concerning representation of employees of Consolidated Paper
Company, Monroe, Michigan, herein called- the respondent,- at its
Plant No. 1, Monroe, Michigan, 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 March 5,
1940, the Board issued its Decision and Direction-of Elections in this
proceeding.2 Pursuant to- the Direction of Elections, an election was
held on March 25, 1940; among certain specified employees of the
respondent at its Plant No. 1, Monroe, Michigan. On March 28, 1940,
1 The petition , as amended , also concerns employees of Plant No . 10, River Rouge , Michi-
gan. On July 13, 1940,,the Board issued its Certification of Representatives respecting such
employees . ' 25 N. L . R. B. 370. •
2 21 N. L. R. B. 242. '
30 N. L . R. B., No. 70.
485
486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Regional Director issued and served upon the parties an Election
Report. On March 29, 1940, the Union filed objections to the conduct
of the election. On June 5,1940, the Regional Director filed his Report
on Objections.. On;,July 19, 1940, the Union filed with, the Regional
Director a charge alleging that the respondent had committed unfair
labor practices within the meaning of Section 8 (1) of the Act.
On August 15, 1940, the Board, having duly considered the Election
Report, the objections, and the Regional Director's report thereon,
ordered that a hearing be conducted on the objections and referred
the case to the Regional -Director for the purposes of such hearing.
The Board also ordered that the -representation case be consolidated
with the proceedings on the charge of unfair labor practices.
On January 6,1941, upon the charge filed, the Board, by the Regional
Director, issued its complaint, alleging that the respondent had en-
gaged in and was engaging in unfair labor- practices affecting com-
merce within the meaning of Section 8 (1) and Section 2 (6), and (7)
of the Act, and duly served upon the parties copies of the complaint
and notice of consolidated hearing upon the complaint and the objec-
tions to the election. On January 17, 1941, the Regional Director
issued and duly served upon the parties a notice postponing such
hearing without date.
On 'February 6, 1941, the respondent and the Board's attorney en-
tered into a stipulation in settlement of the cases, subject to the approval
of the Board.. The Union approved the stipulation. The stipulation
provides as follows :
WHEREAS, a complaint alleging violations of Section 8, sub-
section (1), of the National Labor Relations Act, was issued on
the 6th day of January, 1941, by Frank H. Bowen, Regional Direc-
tor, Seventh Region, National Labor Relations Board ; and
WHEREAS, a hearing on said complaint 'was"ordered to be, held
on January 20, 1941, and on January 18, 1941, was postponed
without date and said hearing was consolidated with a' hearing
on objections to the conduct of an election heretofore held by the
National Labor Relations Board, among employees of Consolidated
Paper Company, the said objections being based on allegations of
unlawful' interference with the'said election by Consolidated Paper
Company; and
WHEREAS, respondent, Consolidated Paper Company, desires to
stipulate to the entering of an appropriate order by the Board
respecting the matters alleged in the complaint and the objec-
tions to the conduct of the said election, upon which the National
Labor Relations, Board niay make findings of fact andconclusions
of law,
CONSOLIDATED PAPER COMPANY ' 487
It,is hereby stipulated by and between Consolidated Paper Com-
pany, by H. L. Rauch, ,president of the company, and Earl R.
Cross, attorney for the Seventh Region of the National Labor
Relations Board,
1. That the gross value of the shipments of raw materials to
Plant No. 1, Consolidated Paper Company, at Monroe, Michigan,
from points outside' Michigan during the period from January 1,
1940, to January 1, 1941, amounted to about $99,393.35; which
constituted more than 55% of the gross value of all purchases
and shipments of raw materials to that plant during that period.
During the same period the gross value of the company's sales
and shipments of finished products from Plant No. 1 to destina-
tions outside Michigan, amounted to $28,206.48, which constituted
approximately 5% of the gross value of all the sales of finished
products of that plant during that period; and
2. That respondent, Consolidated Paper Company, admits it
is engaged in interstate commerce within the meaning of Section
2, subsections (6) and (7) of the National Labor Relations Act,
and concedes the jurisdiction of the National Labor Relations
Board; and
3. Local Industrial Union, Local 1001 and 1006, affiliated with
the C. I. 0., are labor organizations within the meaning of the Act.
4. Respondent, Consolidated Paper Company, waives the mak-
ing or entry, by the National Labor Relations Board, of findings
of fact or conclusions of law in this matter and stipulates and
concedes that the National Labor Relations Board may, without
other or, further. notice to respondent, forthwith make and enter
an order in this matter in the following terms :
A. The respondent, Consolidated Paper Company, shall cease
and desist :
(1) From in any manner interfering with, restraining or coerc-
ing its employees at its No. 1 plant at Monroe, Michigan, in
the exercise of their right to organize, to form, join, or assist
labor organizations, to bargain collectively with representatives
of their own choosing, and to engage in concerted activities for
the purpose of collective bargaining or other mutual aid or
protection.
(2) From discouraging membership of its employees at its
No. 1 plant, at Monroe, Michigan, in Local Industrial Union,
Locals 1001 and 1006, affiliated with the C. I. 0., or any other
labor organization.
(3) From in any manner engaging in surveillance of members
of Local Industrial Union, Locals 1001 and 1006, affiliated with
the C. I. 0., and of union meetings.
488 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD
(4) From in- any manner inviting or soliciting individual
employees to engage in individual bargaining with the manage-
ment of its N. 1 plant, at Monroe, Michigan, concerning wages,
hours, rates of pay, and other terms or conditions of employment.
(5) From in any manner, directly or indirectly, influencing
the employees at its No. 1 plant, at Monroe, Michigan, or inter-
fering with the conduct of any election which may be held
among its employees at its No. 1 plant, at Monroe, Michigan,
by the National Labor Relations Board: -
B. Respondent, Consolidated Paper Company, will take the
following affirmative action :
(1) Post immediately at conspicuous places in its No. 1 plant,
at Monroe, Michigan, and maintain such posting for a period
of sixty (60) consecutive days from the date of posting, notices
to its employees stating that the respondent will not engage,
in the conduct from which it is ordered to cease and desist in
Paragraph A 1, 2, 3, 4,, and 5, of this order.
(2), Notify the Regional Director for the Seventh Region
in writing, within ten days from the date of the order of the
National Labor Relations Board, what steps the respondent has
taken to comply therewith.
5. It is further stipulated and agreed that the charge, complaint,
notice of hearing, together with this stipulation and a copy of
the rules and regulations of the National Labor Relations Board,
Series 2, as amended, shall be filed with the Chief Trial Examiner
with the National Labor Relations Board at Washington, D. C.
and shall constitute the record in this consolidated proceeding and
shall become-a part of the record previously made in the matter
of Consolidated Paper Company and Local Industrial Union,
Locals 1001 and 1006, affiliated with the C. I. O:, Case No. R-1686.
6. It is further stipulated and- agreed that the United States
Circuit Court of Appeals for the appropriate circuit, may, upon
application by the National Labor Relations Board, enter a decree
enforcing the aforesaid order of the Board, respondent hereby
expressly waiving its rights to contest the entry of said decree
in the United States Circuit Court of Appeals for the appro-
priate circuit, and further expressly -waiving their rights to receive
notice of the filing-by the National Labor -Relations Board of an
application for the entry of such a decree.
7. It is further stipulated and agreed that respondent, Con-
solidated Paper Company, hereby expressly consents that a new
election be conducted among the employees at its No. 1 plant, at
Monroe, Michigan, pursuant to and- in accordance with the order
CONSOLIDATED PAPER COMPANY 489
of, the National Labor Relations Board heretofore rendered, on
the 5th of March, 1940, in the matter of Consolidated Paper Com-
pany and Local Industrial Union, Locals 1001 and 1006, affiliated
with the C. I. 0., Case No. R-1686. That such election shall take
place at its No. 1 plant, Monroe, Michigan, - at such time after
the posting of this stipulation for sixty (60). da'ys:as hereby pro=
vided, as the National Labor Relations Board or the' Regional
Director of`the Seventh Region shall direct. ' ' ,
8. It is further stipulated' and agreed that this stipulation is
subject to the approval of the National Labor Relations Board.
On March 4, 1941, the Board, having duly considered the matter,
issued its order approving the stipulation and transferring the case-
to the Board for the' purpose of entry of a decision and order. by the
Board, pursuant to the provisions of the stipulation.
On the basis of the above stipulation and the entire record in these
proceedings, the Board makes the following :
FINDINGS OF FAOr
I. THE BUSINESS OF THE RESPONDENT
Consolidated . Paper Company operates Plant No. 1 at Monroe,
Michigan. The gross value of shipments of raw materials to Plant
No. 1 from points outside Michigan during the period from January
1, 1940, to January 1, 1941, amounted to 'about $99,393.55, which con-
stituted more than 55 per cent of the gross value of all purchases and
shipments of raw materials to that plant during that period. During
the same period the gross value of the respondent's sales and ship-
ments of finished products from Plant No. 1 to destinations outside
Michigan amounted to $28,206.48, which constituted approximately
5 per cent of the gross value of all the'sales of finished products of
that plant during that period.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce, among the several, States.
II. THE ORGANIZATIONS INVOLVED
Local Industrial Union, Locals 1001 and 1006, are labor organiza-
tions affiliated with the Congress of Industrial Organizations. They
admit to membership employees of the respondent.
ORDER
Upon the basis of the above findings of fact, the stipulation, and
the entire record in these proceedings and pursuant to Section 10 (c)
490 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that:
A. The respondent, Consolidated Paper Company, shall cease and
desist :
(1) From in any manner, interfering with, restraining or coercing
its employees at its•No. 1 plant at Monroe, Michigan, in the exercise
of their right to organize, to form, join, or assist'1"abor organizations,
to bargain collectively with representatives of their own choosing,
and to engage in concerted activities for the purpose of collective
bargaining or^other mutual aid or protection.
(2) From discouraging membership of its employees at its No. 1
plant, at Monroe, Michigan, in Local Industrial Union, Locals 1001
and 1006, affiliated with the C. I. 0., or any other labor organization.
(3) From in any manner engaging in surveillance of members of
Local Industrial Union, Locals 1001 and 1006, affiliated with the C. I.0.,
and of union meetings.
(4) From in any manner inviting or soliciting individual employees
to engage in individual bargaining with the management of its No. 1
plant, at Monroe, Michigan, concerning wages, hours, rates of pay,
and other terms or conditions of employment.
(5) From in any manner, directly or indirectly, influencing the
employees at its No. 1 plant, at Monroe, Michigan, or interfering with
the conduct of any election which may be held among its employees
at its No.1 plant, at Monroe, Michigan, by the National Labor Relations
Board.
B. Respondent, Consolidated Paper Company, will take the follow-
ing affirmative action :
(1) Post.immediately -at conspicuous places in its No. 1 plant, at
Monroe, Michigan, and maintain such posting for a period of sixty
(60) consecutive days from the date of posting, notices to its employees
stating that the respondent will not engage in the conduct from which
it is ordered to cease and desist in Paragraph A 1, 2, 3, 4, and 5, of
this order.
(2) Notify the Regional Director for the Seventh Region in writing,
within ten days from the date of the order of the, National Labor
Relations Board, what steps the respondent has taken to comply
therewith.