French Paper Co.

National Labor Relations Board - Board Decisions

Apr 17, 1940

22 N.L.R.B. 1054 (N.L.R.B. 1940)

In the Matter of FRENCH PAPER COMPANY and LOCAL 639, UNITED
AUTOMOBILE WORKERS OF AMERICA, A. F. OF L.
Case No. R-1782-Decided April 17, 1940
Manufacture and Sale of Book, Writing, and Specialty Paper Industry-
Investigation of Representatives : controversy concerning representation of
employees : company refused to recognize union until certification by the Board-
Unit Appropriate for Collective Bargaining: all hourly and piece-work produc-
tion and maintenance employees , watchmen , and inspectors , excluding super-
visory employees, assistant foremen, and time clerks; not contested-Election
Ordered
Mr. Harry N. Casselman, for the Board.
Mr. Philip A. Hadsell, of Niles, Mich., for the Company.
Mr. J. L. Busby, of Detroit, Mich., for Local 639.
Mr. Bliss Daffan, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 24, 1940, Local 639, United Automobile Workers of
America, A. F. of L., herein called Local 639, filed with the Regional
Director for the Seventh Region (Detroit, Michigan) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of French Paper Company, Niles, Michi-
gan, herein called the Company, 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 National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
On March 19, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and Local
639. Pursuant to the notice, a hearing was held on March 26, 1940,
22 N. L . R. B., No. 88.
1054
FRENCH PAPER COMPANY 1055
at Niles, Michigan, before Berdon M. Bell, the Trial Examiner duly
designated by the Board. The Board, the Company, and Local 639
were represented by counsel and participated in the hearing. Full
-opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing; the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a Michigan corporation having its principal
office and place of business at Niles, Michigan, where it is engaged
in the manufacture and sale of book, writing, and specialty paper.
The principal raw materials used by the Company in its manufac-
turing processes are soda, pulp, sulphite, alum, starch, clay, dyestuffs,
and sizing. During the period from July 1, 1939, through Decem-
ber 31, 1939, 96.1 per cent of the raw materials used in the Company's
plant were purchased outside the State of Michigan, and 93.81 per
cent of the products produced by the Company were sold and shipped
outside the State of Michigan. The total value of the raw materials
purchased by the Company during the period from July 1, 1939,
through December 31, 1939, was $263,576.41 and the total value of
products sold was $485,765.66. At the time of the hearing there
were approximately 122 men on the pay roll of the Company.
H. THE ORGANIZATION INVOLVED
Local 639, United Automobile Workers of America, is a labor
organization affiliated with the American Federation of Labor. It
admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 21, 1939, representatives of Local 639 met with rep-
resentatives of the Company and presented a proposed written con-
tract providing for recognition of Local 639 as the exclusive bar-
gaining representative of the employees. The Company requested
time to consider the matter. Representatives of Local 639 and the
Company again met on November 30, 1939, and Local 639 again
presented the proposed contract and requested recognition as the
1 056 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
exclusive bargaining representative of the employees. The Com-
pany refused to grant Local 639 recognition in the absence of proof
that it represented a majority of the employees of the Company. A
suggestion was made by representatives of Local 639 that a request
be made of the Mediation Board of the State of Michigan to have one
of its representatives check employee membership in Local 639 with
the pay roll of the Company and furnish the Company with the
result of such check. After some discussion the representatives of
Local 639 left with the understanding that the Company would be
satisfied as to the majority representation of Local 639 if an investi-
gation made by a representative of the Michigan Mediation Board
established that fact. Thereafter, Local 639 contacted the Michigan
Mediation Board, and on January 4, one Moers, a conciliator of the
Mediation Board, met with a committee of Local 639 and Company
officials for the purpose of making the check. The Company's offi-
cials stated that there had evidently been a misunderstanding at the
previous meeting, that they were not willing to abide by the result
of a check made by Moers, but would require a determination by this
Board of the bargaining representatives of the employees of the
Company.
We find that a question has arisen concerning representation of
employees of the Company.
1V. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The petition alleges that a unit appropriate for the purposes of
collective bargaining includes all hourly and piecd-work production
and maintenance employees, watchmen, and inspectors, excluding
supervisory employees, assistant foremen, and time clerks. The Com-
pany takes no position regarding the appropriate unit. The em-
ployees composing the unit alleged in the petition are eligible for
membership in Local 639. We see no reason for not finding such
unit appropriate.
We find that all hourly and piece-work production and maintenance
employees, watchmen, and inspectors, excluding supervisory em-
ployees, assistant foremen, and time clerks, constitute a unit appro-
FRENCH PAPER COMPANY 1057
priate for the purposes of collective bargaining , and that such unit
will insure to employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise effectu-
ate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
Milton Rymal, a representative of Local 639, testified that the or-
ganization represented 90 per cent of the employees of the Company.
We find that the question which has arisen concerning representation
can best be resolved by the holding of an election by secret ballot.
We shall direct that such an election be held.
Local 639 and the Company both agree to the use of the pay roll
of the Company of March 11 , 1940, to determine eligibility to vote.
Those eligible to vote shall be the persons in the appropriate unit
employed by the Company during the pay-roll period of March 11,
1940, including those who did not work during such pay-roll period
because they were ill or on vacation and employees who were then or
have since been temporarily laid off , and excluding those who have
since quit or been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION S OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of French Paper Company, Niles, Michigan,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All hourly and piece-work production and maintenance em-
ployees , watchmen , and inspectors, excluding supervisory employees,
assistant foremen, and time clerks , constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National La-
bor Relations Board by Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, and pursuant. to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for purposes of collective bargaining
with French Paper Company , Niles , Michigan , an election by secret
ballot shall be conducted as early as possible but not later than
1058 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
thirty (30) days from the date of this Direction under the direction
and supervision of the Regional Director for the Seventh Region,
acting in this matter as agent for the National Labor Relations Board
and subject to Article III, Section 9, of said Rules and Regulations,
among all hourly and piece-work production and maintenance em-
ployees, watchmen, and inspectors, employed by said Company during
the pay-roll period of March 11, 1940, excluding supervisory em-
ployees, assistant foremen, and time clerks, and those who have since
quit or been discharged for cause, but including employees who did
not work during such pay-roll period because they were ill or on
vacation and employees who were then or have since been temporarily
laid off, to determine whether or not they desire to be represented
by Local 639, United Automobile Workers of America, A. F. of L.,
for the purposes of collective bargaining.