Groveton Papers Co.

National Labor Relations Board - Board Decisions

Oct 8, 1943

52 N.L.R.B. 1256 (N.L.R.B. 1943)

In the Matter of GROVETON PAPERS Co. and UNITED MINE WORKERS OF
AMERICA, DISTRICT 50
Case No. 1-R-1549.Decided October 8, 1943
Mr. James C. Wemyss, of Groveton, N. H., for the Company.
Mr. Samuel E. Angoff, of Boston, Mass., for District 50.
Mr. George Broom fiield, of Boston, Mass., for the AFL.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Mine Workers of America, Dis-
trict 50, herein called District 50, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Groveton Papers Co., Groveton, New Hampshire, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Samuel G. Zack, Trial Ex-
aminer. Said hearing was held at Groveton, New Hampshire, on
September 7, 1943. The Company, District 50, and International
Brotherhood of Pulp, Sulphite and Paper Mill Workers (AFL) and
International Brotherhood of Paper Makers (AFL) herein collec-
tively called the AFL, 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
I. THE BUSINESS OF THE COMPANY
Groveton Papers Co. is a corporation engaged in the. manufacture
of wood pulp and bond , writing, butcher and printing papers. Raw
52 N. L . R. B., No. 211.
1256
GROVE-TON PAPERS CO. 1257
materials used in the business consist primarily of pulpwood, coal,
and sulphur. The value of said raw material amounts annually to
more than a million dollars. Part of the pulpwood and all of the
coal and sulphur comes to the Groveton plant from points outside
the State of New Hampshire. The Company produces 22,000 tons
of its product per year; its sales amount to approximately $3,500,000.
A considerable quantity of its products are bought and used by the
United States Government in States other than New Hampshire.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Mine Workers of America, District 50, is a labor organiza-
tion admitting to membership employees of the Company.
International Brotherhood of Pulp, Sulphite and Paper Mill
Workers and International Brotherhood of Paper Makers are labor
organizations affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
IH. THE QUESTION CONCERNING REPRESENTATION
The Company and the AFL executed a modified union-shop agree-
ment,) for the period "from September 1, 1942 to September 1, 1943,
and from year to year thereafter unless terminated by either party's
serving written notice upon the other 30 days prior to September 1st
of any given year." On July 26, 1943, District 50, by letter requested
recognition as exclusive bargaining representative of the Company's
employees. The Company did not reply to this letter. It contends
that before it received the letter,2 the parties to the above-mentioned
contract had made known to each other their intention of allowing the
contract to renew itself automatically and that the said contract was,
therefore, renewed prior to notice and is a bar to this proceeding:
We find no merit in this contention. A new contract executed prior
to the automatic renewal date of an existing contract, extending the
termination date of the existing contract, is no bar.3 An understand-
"'All those who are now members or who after this date become or are reinstated as
members shall, as a condition of employment, maintain, membership in good standing in
their respective Unions. All new employees who after 30 days are acceptable to the
Company, shall join the Union and maintain membership in good standing therein."
AFL contract, Article 2.
2 The Company admitted that it received the letter but none of its witnesses could place
the date of receipt A copy of the letter was received by the Regional Director in Boston,
July 27, 1943, and presumably by the Company on the same date On July 29, 1943, the,
Regional Director discussed with an officer of the Company the probability of an immediate
filing of a petition by District 50, and on July 31, 1943, the Regional Director informed the
Company that the petition had been filed.
0 See Matter of Wichita Union Stockyards Company, 40 N. L. R. B. 369.
1258 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
ing in'advance of the renewal date that the contract will be allowed
to renew itself for another year can have no greater effect 4 Since
the Company received notice of District 50's claims prior to the
renewal date of the contract, we, find that the contract is no bar to
a present determination of representatives.5 0
A statement of the Regional Director, introduced into evidence,
indicates that District 50 represents a substantial number of the
employees 'of the Company in the unit herein found appropriate 6
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
In substantial accord with the stipulation of the parties, we find
that all employees of the Company, including working foremen and
boss machine tenders, but excluding office workers, salesmen, admin-
istrative employees, guards, superintendents, assistant superintend-
ents, foremen and all other supervisory employees having authority
to hire, promote, discharge, discipline or otherwise effect changes in
the status of employees or effectively recommend such action,? con-
stitute 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 an election by secret ballot among the em-
ployees 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.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
4 Cf. Matter of Mill B, 40 N L. R B. 346
5 See Matter of Russell Heel Co., 41 N. L. R. B. 45.
The Regional Director reported that District 50 submitted to him 235 application for
membership cards, bearing apparently genuine original signatures, 150 of which correspond
,with names of persons listed on the Company's pay roll of August 4, 1943, which contains
570 names in the appropriate unit. District 50 proffered 52 additional cards to the Trial
Examiner who refused them on the ground that in the face of a modified union-shop contract,
the-showing theretofore made by District 50 was sufficient. We hereby affitm• this -'rolling.
T This is substantially the unit described in the AFL contract.
GROVE,TON, PAPERS CO. 1259
DumcTEn that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with' Groveton Papers
Co., Groveton, New Hampshire, 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 First Region, acting in this matter
as agent for the National Labor Relations Board; and subject to
Article 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 preced-
ing the date of this Direction, including employees who did not work
during said pty-roll period because they were ill or on vacation or
temporarily laid off, and including' employees in the armed forces of
the United States who present themselves in person at the polls, but
excluding those employees who have, since quit or been discharged for
cause, to determine whether they desire to be represented by United
Mine Workers of America, District 50, or by International Brother-
hood of Pulp, Sulphite and Paper Mill Workers and International
Brotherhood of Paper Makers (AFL), for the purposes of collective
bargaining, or by neither.