Consolidated Paper Co.

National Labor Relations Board - Board Decisions

May 28, 1941

32 N.L.R.B. 179 (N.L.R.B. 1941)

In the Matter of CONSOLIDATED PAPER COMPANY and LOCAL INDUSTRIAL
UNION, LOCALS 1001 AND 1006 (C. I. 0.)
Case No. R-1686
CERTIFICATION OF REPRESENTATIVES
May 28, 1941
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,' alleging that a question affecting
commerce had arisen concerning representation of employees of
Consolidated Paper Company, Monroe, Michigan, herein called the
Company, at 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 Direc-
tion of Elections in this proceeding.2 Pursuant to the Direction of
Elections, an election by secret ballot was conducted on March 25,
1940, under the direction and supervision of the Regional Director,
among employees of the Company at Plant No. 1, Monroe, Michigan.
On March 28, 1940, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series 2 as amended, issued and duly served upon the parties
an Election Report.
As to the balloting at Plant No. 1, Monroe, Michigan, and its
results, the Regional Director reported as follows :
Total on eligibility list-------------------------------------- 143
Total ballots cast------ ------------------------------------- 122
Total ballots challenged ------------------------------------- 1
Total blank ballots----------------------------------------- 1
Total void ballots ------------------------------------------ 0
Total valid votes cast--------------------------------------- 120
Votes cast for Local Industrial Union, Local No. 1001, affiliated
with the C. I. 0------------------------------------------ 54
Votes cast against Local Industrial Union, Local No. •1001,
affiliated with the C. I. 0------------------------------- 66
3 The petition , as amended , also concerns employees at 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.
221 N L R B. 116.
32 N. L. R. B., No. 38.
179
448692-42-vol. 32-13
180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Objection. - On July 19, 1940, the Union filed with.the Regional
Director a charge alleging that the Company had committed unfair
labor practices witnin the meaning of Section 8 ( 1) of the Act.
On August 15, 1940, the Board, having duly considered the Elec-
tion 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 Company
had engaged in and was engaging in unfair labor practices affecting
commerce 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 objections 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 Company and the Board 's attorney, with
the consent of the Union , entered into a stipulation in settlement of
the cases , subject to the approval of the Board. The stipulation pro-
vided for the settlement of the cases and for the holding of a new
election among employees of the Company at Plant No. 1, Monroe,
Michigan , in accordance with the Board 's Direction of March 5 , 1940.3
On March 4 , 1941, the Board , having duly considered the matter,
issued its order approving the stipulation and transferring the case
to the Board. Pursuant to the stipulation , the Board on March 21,
1941 , issued its Decision and Order ,4 directing the Company to cease
and desist its unfair labor practices and to take appropriate affirmative
action.
Also pursuant to the stipulation , an election by secret ballot was
conducted on May 6, 1941, under the direction and supervision of the
Regional Director , among employees of the Company at Plant No.
1, Monroe, Michigan . On May 8, 1941 , the Regional Director issued
and duly served upon the parties an Election Report. No objections
to the conduct of the ballot or the Election Report have been filed
by any of the parties.
8 See footnote 2.
4 30 N L R B 485.
CONSOLIDATED PAPER COMPANY 181
As to the balloting at Plant No. 1, Monroe, Michigan, and its
results, the Regional Director reported as follows :
Total on eligibility list______________________________________ 149
Total ballots cast ------------------------------------- ------ 145
Total ballots challenged_____________________________________ 0
Total blank ballots__________________________________________ 0
Total void ballots -------------------------------------------- 0
Total valid votes cast_______________________________________ 145
Votes cast for Local Industrial Union, Local No. 1001, affiliated
with the Congress-of Industrial Organizations_____________ 95
Votes cast against Local Industrial Union, Local No. 1001,
affiliated with the Congress of Industrial Organizations--___ 50
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 Local Industrial Union, Local No. 1001,
affiliated- with the Congress of Industrial Organizations, has been
designated and selected by a majority of all production, maintenance,
and powerhouse employees of Consolidated Paper Company, Monroe,
Michigan, at Plant No. 1, Monroe, Michigan, excluding watchmen,
timekeepers, and office, clerical, and salaried supervisory employees,
,as their representative for the purposes of collective bargaining and
that, pursuant to Section 9 (a) of the National Labor Relations Act,
Local Industrial Union, Local No. 1001, affiliated with the Congress
of Industrial Organizations, is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of
employment.