Gilbert Paper Co.

National Labor Relations Board - Board Decisions

Mar 31, 1945

61 N.L.R.B. 228 (N.L.R.B. 1945)

In the Matter of GILBERT PAPER COMPANY and INTERNATIONAL
BROTHERHOOD OF PAPER MAKERS, A. F. OF L.
Case No. 13-R4878.-Decided March 31, 1945
Messrs. A. C. Gilbert and A. C. Haselaw, of Menasha, Wis., for the
Company.
Mr. Arthur E. Pintere, of Appleton, Wis., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Paper
Makers, A. F. of L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Gilbert Paper Company, Menasha, Wisconsin, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Leon A. Rosell, Trial
Examiner. Said hearing was held at Neenah, Wisconsin, on March
2, 1945. The Company and the Union appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence 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
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Gilbert Paper Company is a Wisconsin corporation with its prin-
cipal place of business at Menasha, Wisconsin, where it is engaged in
the manufacture of rag content writing paper. During 1944 the
Company purchased materials valued in excess of $1,000,000, 95 per-
cent of which was shipped to it from points outside the State of Wis-
61 N. L. R. B., No. 26.
228
GILBERT PAPER COMPANY 229
cousin. During the same period the Company manufactured prod-
ucts valued in excess of $3,000,000, 90 percent of which was shipped
to points outside the State of Wisconsin.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Paper Makers is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of its employees until such time as the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
at the Menasha plant of the Company, including tour foremen,
washer and beater engineers, machine tenders, boss calendar, boss
cutter, sorting boss, packer boss, stockroom boss, and finishing room
office girls, but excluding office and clerical employees, supervisor of
boiler room, chief chemist, supervisor of raw materials department,
supervisor of rag room, supervisors in charge of cutting and ware-
housing departments, and supervisor in charge of maintenance, con-
stitute a unit appropriate for the purposes of collective bargaining.
The only controversy with respect to the unit concerns the tour
foremen.
The Company employs three tour foremen. The tour foremen act
as assistant superintendents and are in charge of the Company's pro-
duction departments. They perform no manual work and exercise
the authority to hire and discharge. We find that the tour foremen
are supervisory employees, and we shall, therefore, exclude them from
the unit.'
' The Field Examiner reported that the Union presented an authorization petition bear-
ing the signatures of 164 persons . There are approximately 318 employees in the
appropriate unit.
2 See Matter of Kimbe, ly-Clark Co? poration , 54 N L. R B, 601 , 55 N. L. R B. 521.
230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees at the Men-
asha plant of the Company, including washer and beater engineers,
machine tenders, boss calendar, boss cutter, sorting boss, packer boss,
stockroom boss, and finishing room office girl, but excluding office and
clerical employees, tour foremen, supervisor of boiler room, chief
chemist, supervisor of raw materials department, supervisor of rag
room, supervisors in charge of cutting and warehousing departments,
supervisor in charge of maintenance, and any other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recom-
mend 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 means of an election by secret ballot among
the employees 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.
The Company employs two women who are engaged in cleaning its
offices., They are paid on an hourly rate and work 14 hours per week
after the close of the usual office hours. The regular production` and
maintenance employees work 48 hours per week. The Union con-
tends that the two employees should be deemed ineligible to vote. The
Company contends that they should be eligible. Although the two em-
ployees in dispute work but 14 hours per week, they do so on a regular
schedule and are regular part-time employees rather than intermittent
employees. We find that they have a sufficient interest in the selection
of a bargaining representative to entitle them to vote in the election.
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Gilbert Paper
Company, Menasha, Wisconsin, an election by secret ballot shall be
conducted as early as possible, but not later than sixty (60) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Thirteenth Region, acting in this matter
GILBERT PAPER COMPANY 231
as agent for the National Labor Relations Board, and subject to Arti-
cle 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 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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding any who have since quite 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 Interna-
tional Brotherhood of Paper Makers, A. F. of L., for the purposes of
collective bargaining.