Cross Paper Products Corp.

National Labor Relations Board - Board Decisions

Mar 10, 1950

88 N.L.R.B. 1037 (N.L.R.B. 1950)

In the Matter of CROSS PAPER PRODUCTS CORPORATION, EMPLOYER and
Louis ZAMBARDINO, PETITIONER and LOCAL 318, INTERNATIONAL
BROTHERHOOD OF PULP, SULPHITE AND PAPER MILL WORKERS,
A. F. of L., UNION
Case No. 2-RD-81.-Decided March 10, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Charlotte A.
Rankin, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner, an employee of the Employer, asserts that the
Union is no longer the representative of the Employer's employees as
defined in Section 9 (a) of the amended Act.
3. Following a Board-directed election,' the Union was certified on
July 7, 1948, as the exclusive bargaining representative of the em-
ployees designated in the petition. On October 6, 1948, the Employer
and the Union entered into a collective bargaining agreement which,
by its terms, expired October 6, 1949. Although the Employer asserts
that it no longer recognizes the Union as the exclusive bargaining
representative of its employees,2 we find, in view of the previous cer-
tification, that a question affecting commerce exists concerning the
' Cross Paper Products Corporation, 77 NLRB 149.
' The Union was served with notice of the hearing, but failed to appear ; the record con-
tains no explanation for the failure to appear . We do not construe the failure to appear,
standing alone, as a disclaimer of the Union' s interest in the representation of the employees
involved herein . Gabriel Steel Company, 80 NLRB 1361.
88 NLRB No. 196.
1037
1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
representation of employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.'
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All production, maintenance, and shipping employees at the Em-
ployer's New York, New York, plant, including machinists, but
excluding office and clerical employees, chauffeurs, professional em-
ployees, guards, and supervisors as defined in the Act'
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by Local 318, International Brotherhood of Pulp, Sulphite and
Paper Mill Workers, A. F. of L.
0 Reliable Tool Co ., Inc., 79 NLRB 1109.
4 This unit is substantially the same as the Board found appropriate in its earlier Decision.
Cross Paper Products Corporation, supra.