Cook Waste Paper Co.

National Labor Relations Board - Board Decisions

Sep 29, 1943

52 N.L.R.B. 1018 (N.L.R.B. 1943)

In the Matter of COOK WASTE PAPER COMPANY and WAREHOUSE AND
DISTRIBUTION WORKERS UNION, I. L. W. U., C. 1. 0.
Case No. R-5287.-Decided September 29, 1943
Mr. Louis Spiess, of Washington,.D. C., for the Company.
Mr. James M. Moore, of Washington, D. C., for the I. L. W. U.
Mr. I. B. Padeway, Mr. James A. Glenn, and Mr. Thomas O'Brien, of
Washington, D. C., for the Teamsters.
Mr. Louis Cokin, of counsel to the Board.
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by Warehouse and Distribution Workers
Union, I. L. W. U., C. 1. 0., herein called the I. L. W. U., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Cook Waste Paper Company, Washington, D. C.,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Anthony
Molina, Trial Examiner. Said hearing was held at Washington, D. C.,
on April 23,1943. The Company and the I. L. W. U. appeared, partici-
pated, 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.
On May 21, 1943, the Board issued a Decision and Direction of
Election in the above-entitled proceeding!
Thereafter, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen & Helpers of America, Local Union 639, A. F. of L.,
herein called the Teamsters, filed a motion requesting that the Board
reconsider its Decision and Direction of Election, vacate same, and
requesting that a new hearing be held. Pursuant to an order of the
1 49 N. L. R. B 1065.
52 N. L R B , No. 176.
1018
COON WASTE PAPER COMPANY 1019
Board dated August 13, 1943, the certification of representatives was
ordered stayed and a further hearing was thereafter held, after due
notice, at Washington, D. C., on August 30, 1943, before Anthony E.
Molina, Trial Examiner. The I. L. W. U. and the Teamsters appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine, and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiner's rulings made at the further
hearings are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
The Board hereby orders that the Decision and Direction of Elec-
tion of May 21, 1943, be, and the same hereby is, set aside and vacated.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Cook Waste Paper Company is engaged in the waste paper business
at Washington, D. C. The Company handles products valued in ex-
cess of $100,000 annually, all of which is shipped to points outside the
District of Columbia.
H. THE ORGANIZATIONS INVOLVED
Warehouse and Distribution Workers Union, I. L. W. U., is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of America, Local Union 639, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 27, 1943, the I. L. W. U. requested the Company to rec-
ognize it as the exclusive representative of its employees. The Com-
pany refused'this request.
Statements of the Regional Director and the Trial Examiner, intro-
duced into evidence at the hearings, indicate that the I. L. W. U. and
the Teamsters each represents a substantial number of employees 2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
2 The Regional Director reported that the I. L. V. U. presented 25 authorization cards
bearing apparently genuine signatures of persons whose names appear on the March 24,
1943, pay roll of the Company. The Trial Examiner reported that the Teamsters presented
18 membership application cards bearing apparently genuine signatures of persons whose
names appear on the Company 's pay loll of May 22, 1943 . There are approximately 50
persons involved herein.
1020 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
of Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela-
tions Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The I. L. W. U. contends that all employees of the Company, in-
cluding truck drivers and helpers, but excluding supervisory, and
clerical employees and contract truck drivers and helpers who are not
in the direct employ of the Company, constitute an appropriate unit.
The Teamsters urges that two units be set up, one of truck drivers
and helpers and the other consisting,, of warehousemen. The Company
took no position with respect to the unit or units.
Evidence introduced at the hearing indicates that the employees
herein involved can function effectively either as a single unit or as
two units, as requested by the Teamsters. Under these circumstances,
we shall make no determination of unit or units at this time, but shall
direct that the question concerning representation which has arisen
be resolved by separate elections by secret ballot among these em-
ployees as follows :
(a) All truck drivers and helpers of the Company, excluding con-
tract truck drivers and helpers who are not in the direct employ of the
Company and supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, to determine whether
they desire to be represented by the I. L. W. U., or by the Teamsters,
for the purposes of collective bargaining, or by neither.
(b) All warehousemen of the Company, excluding clerical employ-
ees and supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes, in the status of em-
ployees, or effectively recommend such action, to determine whether
they desire to be represented by the I. L. W. U., or by the Teamsters,
for the purposes of collective bargaining, or by neither.
If a majority of the truck drivers and helpers and a majority of
the warehousemen choose the I. L. W. U., then the two groups of em-
ployees will together constitute a single unit; otherwise they will not.
Pursuant to our usual practice, we shall direct that the employees
eligible to vote shall be those employed by the Company during the
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to such limitations and additions as are set
forth in the Direction.
DIRECTIQN 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 Relations Act,
COOK WASTE PAPER COMPANY 1021
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 representa-
tives for the purpose of collective bargaining with Cook Waste Paper
Company, Washington, D. C., elections by secret ballot shall be con-
ducted 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 Fifth Region, acting in this matter as agent
for the National Labor Relations Board, and subject, to Article III,
Sections 10\and 11, of said Rules and Regulations among those em-
ployees of the Company who fall within the groups described below
and who were employed by the Company during the pay-roll period
immediately preceding the date of this Direction of Elections, includ-
ing employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding any who have since quit or
been discharged for cause :
(a) All truck drivers and helpers of the Company, excluding con-
tract truck drivers and helpers who are not in the direct employ of the
Company, and supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, to determine whether
they desire to be represented by Warehouse and Distribution Workers
Union, I. L. W. U., affiliated with the Congress of Industrial Organ-
izations, or by International Brotherhood of Teamsters, Chauffeurs,
Warehousemen & Helpers of America, Local Union 639, affiliated with
the American Federation of Labor, for the purposes of collective bar-
gaining, or by neither.
(b) All warehousemen of the Company, excluding clerical em-
ployees and supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, to determine whether
they desire to be represented by Warehouse and Distribution Workers
Union, I. L. W. U., affiliated with the Congress of Industrial Organ-
izations, or by International Brotherhood of Teamsters, Chauffeurs,
Warehousemen & Helpers of America, Local Union 639, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining or by neither.