Gaylord Container Corp.

National Labor Relations Board - Board Decisions

May 6, 1948

77 N.L.R.B. 478 (N.L.R.B. 1948)

In the Matter of GAYLORD CONTAINER CORPORATION, EMPLOYER ,and
INTERNATIONAL BROTFIERIIOOD OF PULP, SULPHITE AND PAPER MILL
WORKERS, A. F. OF L., PETITIONER
Case No. 10-R-2807.-Decided May 6, 1948
Mr. M. A. Prowell, for the Board.
Messrs. C. S. Cullenbine, of St. Louis, Mo., L. J. Rosenberg, of
Atlanta, Ga., and James Monroe, of Greenville, S. C., for the Employer.
Mr. Donald W. Hunt, of Richmond, Va., for the Petitioner.
Messrs. Thomas R. Linn and Earl Taylor, of Greenville, S. C., for
the Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Green-
ville, South Carolina, on February 3, 1948, before Gilbert Cohen,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board 1 makes the following:
FINDINGS OF FACT
1. TIIE BUSINESS OF TIIE EMPLOYER
Gaylord Container Corporation is engaged at its Greenville, South
Carolina, plant in the manufacture of paper board containers. During
1947, it purchased for this plant raw materials consisting principally
of paper, parts, and supplies valued in excess of $500,000, of which
more than 50 percent represented shipments from points outside the
State of South Carolina. During the same period, the Employer's
sales from its Greenville, South Carolina, plant exceeded $1,000,000,
1 Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its
powers in connection with this case to a three -man panel consisting of the undersigned
Board Members [ Chairman Herzog and Members Murdock and Gray].
77 N. L. R. B., No. 83.
478
GAYLORD CONTAINER CORPORATION 479
of which more than 25 percent was shipped to points outside the State
of South Carolina.
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
United Paperworkers of America, herein called the Intervenor, is
a labor organization affiliated with the Congress of Industrial Organi-
zations, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accord with the agreement of the parties, that all em-
ployees at the Greenville, South Carolina, plant of the Employer,
excluding watchmen, office and factory clerical employees, and all
supervisors as defined by the Act, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for, the
purposes of collective bargaining with Gaylord Container Corpora-
tion, Greenville, South Carolina, an election by secret ballot shall be
conducted 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 Tenth Region, and subject to Sections 203.61
and 203.62 of National Labor Relations Board Rules and Regula-
tions-Series 5, among the employees in the unit found appropriate
in Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 reinstated prior to the date of the election, and also exclud-
ing employees on strike who are not entitled to reinstatement , to deter-
mine whether they desire to be represented by International Brother-
hood of Pulp, Sulphite and Paper Mill Workers , A. F. of L., or by
United Paperworkers of America , C. I. 0., for the purposes of collec-
tive bargaining , or by neither.