Cook Waste Paper Co.Download PDFNational Labor Relations Board - Board DecisionsOct 25, 194458 N.L.R.B. 1323 (N.L.R.B. 1944) Copy Citation In the Matter of COOK WASTE PAPER COMPANY and WAREHOUSE AND DISTRIBUTION WORKERS UNION, LOCAL 222, ILWU, CIO Case No. 5-R-1663 .-Decided October 25, 1944 Mr. Joseph P. Henderson, of Washington, D. C., for the CIO. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Warehouse and Distribution Work- ers Union, Local 222, ILWU, CIO, herein called the CIO, alleging that a question affecting commerce had arisen concerning the repre- sentation 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 George L. Weasler, Trial Examiner. Said hearing was held at Washington, D. C., on September 25, 1944. Only the CIO appeared and partici-- pated. However, all parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence 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 an opportunity to file briefs with the Board._ ' The Company and International Brotherhood of Teamsters , Chauffeurs , warehousemen, R Helpers of America, Local Union 639, affiliated with the American federation of Labor, herein called the Teamsters , although duly served with Notice of Hearing , made no, appearance The record indicates that the Trial Examiner telephoned -counsel for the Company who. informed him that the Company was willing to abide by the Board's decision and would interpose no objection to the Trial Examiner ' s proceeding with the hearing without a rep- resentative of the Company present Said counsel further stated that the findings of fact with respect to the business of the Company made in Matter of Cook Waste Paper Com- pany, 52 N. L R B 1018 , are still applicable The record further indicates that the Trial Examiner also telephoned the office of the- Teamsters , and was told that the business agent who was representing that organization in this proceeding was out , but was expected back within a half hour , at which time said business agent would telephone the Trial Examiner at the Board ' s offices . The Trial Exam- iner adjourned the hearing for an hour, but no representative of the Teamsters made any appearance at the bearing or telephoned the Board The Trial Examiner , after these attempts , properly proceeded with the hearing. 58 N. L R B., No. 239. 1323 -1.324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Warehouse and Distribution Workers Union, Local 222, Interna- tional Longshoremen's and Warehousemen's Union, is a labor organ- ization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the CIO as the collective bargaining representative of certain of its employees, on, the ground that the Teamsters previously had been certified as such representative. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, as supplemented by a statement of the Trial Examiner made at the hearing, indicates that the CIO represents a substantial number of employees in the unit hereinafter found ap- propriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The CIO originally sought in its petition a unit comprised of all employees of the Company engaged as truck drivers, helpers, and maintenance employees. At the hearing, however, it stated that it had ',The Field Examiner reported that the CIO submitted 5 application cards and that there are 10 employees in the unit proposed by it. On November 13, 1943 , the Teamsters was certified by the Board as the collective bargaining representative of the Company's truck drivers and helpers , the employees involved in the instant proceeding. The Field Examiner further reported that the Teamsters never executed a contract with the Company covering these employees , and that it " has no members at present time " The Trial Examiner reported that the CIO submitted an additional application card at the hearing, which contained the name of a person presently engaged by the Company as a helper. COOK WASTE PAPER COMPANY 1325 no objection to the unit previously established by the Board in the prior representation proceeding.3 Accordingly, we find that all truck drivers and helpers of the Company, excluding contract truck drivers and helpers who are not in the direct employ of the Company, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, 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 question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction 4 DIRECTION OF ELECTION 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, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTLD that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Cook Waste Paper Company, Washington, D. C., an election 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 the employees in the unit found appropriate in Section IV, above, who were employed 3 Hatter of Cook Waste Paper Company, supra In that proceeding, as partially noted above, the Board certified the Teamsters as the collective bargaining representative of all truck drivers and helpers of the Company, excluding contract 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. 4 The CIO requested that it be certified on the record. We are of the opinion, however, that the interests of the employees involved herein can best be served by an election This request is therefore denied . The CIO further requested that, in the event an election were ordered, it he designated on the ballot as "Warehouse and Distribution Workers Union, Local 222, ILWU, CIO " This request is hereby granted We take notice of the fact that the Teamsters was certified as the collective bargaining representative of the employees in the appropriate unit on November 13, 1943 For this reason , we shall accord it it place upon the ballot if , within ten (10) days from the date of this Decision , it notifies the Regional Director of its desire to be placed thereon. 609591-45-vol 58-S9 1326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause , and have not been rehired or reinstated prior to the date of the election to determine whether or not they desire to be represented by Warehousemen and Dis- tribution Workers Union , Local 222 , ILWU, CIO , for the purposes of collective bargaining. 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