Franconia Paper Mills, Inc.

National Labor Relations Board - Board Decisions

Feb 23, 1955

111 N.L.R.B. 773 (N.L.R.B. 1955)

FRANCONIA PAPER MILLS, INC. 773
The instrument department and the electrical department are lo-
cated in a building separate from other maintenance departments.
There are 1 class A and 1 class B maintenance electricians and a helper
in the electrical department under the direct supervision of an elec-
trical supervisor. In the instrument department are 2 instrument
repairmen and a helper under the direct supervision of an instrument
supervisor who reports to the electrical supervisor. The record does
not disclose the training or experience of either the maintenance elec-
tricians or the instrument repairmen.
In performing their electrical work, the maintenance electricians
also do certain related, nonelectrical work, such as the digging of
holes in concrete floors to place electrical outlets and the patching
of linoleum damaged during the removal of outlets. In addition, they
maintain a large air-conditioner, and in doing so may remove a sheave
or install a new belt. At the present time there is sufficient electrical
installation and repair work to keep the electricians busy. However,
when full production is attained, the electrical supervisor testified,
such work might level off and the Employer would use these employees
in the instrument department or at odd jobs rather than lay them off.
The instrumentmen check and repair electrical and pneumatic in-
struments. They use electrical and other precision testing apparatus,
such as chronometers for testing pressure, in their work.
On this record, we find that the IBEW has not presented evidence
to establish that either the electricians or the instrumentmen are crafts-
men exercising true craft skills. We therefore find that they do not
constitute an appropriate craft unit. As an electrical department is
not the traditional type of departmental unit considered appropriate
by the Board, we further find that the unit sought by the IBEW does
not constitute an appropriate unit on a departmental basis.
Upon the entire record in this case, we find that the following em-
ployees of the Employer at its operation located at Pryor, Oklahoma,
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act :
All operating and maintenance employees including the janitors,
but excluding all guards and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
FRANCONIA PAPER MILLS, INC. and UNITED GAS, COKE AND CHEMICAL
WORKERS OF AMERICA, CIO, PETITIONER. Case No. 2-RC-7159.
February 23,1955
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Arthur Younger, hearing offi-
111 NLRB No 125.
774 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer, whose construction employees are sought by the
Petitioner, is a wholly owned subsidiary of Marcalus Manufacturing
Company, Inc., and was established for the sole purpose of construct-
ing a building, in New Jersey, for the use of the parent Company.
Upon completion of the building approximately 2 years hence, the par-
ent Company plans to dissolve its subsidiary and to maintain the build-
ing in connection with its operations. As the subsidiary appears to be
controlled by the parent Company and has as its only function the con-
struction of a building which is to be used by the latter Company ex-
clusively, we find that the two Companies constitute a single Employer
for the purpose of asserting jurisdiction. During the past year, the
purchases of the parent Company were in excess of $1,000,000, of which
approximately 60 percent came from outside the State of New Jersey.
During the same period, its sales were in excess of $1,000,000, of which
approximately 80 percent represented direct shipments outside New
Jersey. Accordingly, as the direct outflow of the parent Company is
more than $50,000 per annum, we find that the subsidiary Company is
engaged in commerce within the meaning of the Act and that it will
effectuate the purposes of the Act to assert jurisdiction herein.'
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees constitute a unit appropriate for pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act : All construction employees of the Employer in East Pater-
son, New Jersey, including electricians, pipefitters, pipefitter helpers,
laborers, welders, carpenters, and machine assemblers, but excluding
office clerical employees and supervisors as defined in the Act.'
[Text of Direction of Election omitted from publication.]
'Jonesboro Grain Drying Cooperative, 110 NLRB 481.
2 The unit conforms to the stipulation of the parties.
Foss LAUNCH & Tue Co.' and METAL TRADES COUNCIL OF TACOMA AND
VICINITY, METAL TRADES DEPARTMENT, AFL, PETITIONER. Case
No. 19-RC-1552. February 23, 1955
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Donald D. McFeely,
1 The name of the Employer appears as amended at the hearing.
111 NLRB No. 124.