Hammermill Paper Co.

National Labor Relations Board - Board Decisions

Dec 24, 1942

46 N.L.R.B. 314 (N.L.R.B. 1942)

i
In the Matter of HAMMERMILL ' PAPER COMPANY and INTERNATIONAL
BROTHERHOOD or FUREMEN'AND OILERS, LOCAL 249 •
'Case R-4603-Decided December ,24, 1942
Jurisdiction :, stationery manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition because Company stated unit claimed was in-
appropriate ; eligibility determined as of date preceding annual shutdown ;
election necessary.
Unit Appropriate . for Collective Bargaining : all firemen, engineers, and the
watchman at the pulp wood dock of Company ; pulp wood handlers excluded
over the Company's objection.
Mr. T. Lowry Whittaker, for the Board.
Mr. W. Pitt Gifford, of Erie, Pa., for the Company.
Mr. R. H. Seitz, of Cleveland, Ohio, and Mr. Ralph Texter, of Erie,
Pa., for the Union. '
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by International
Brotherhood of Firemen and Oilers, Local 249, affiliated with the
American Federation of Labor, herein called the Union, alleging that
,a question affecting commerce had arisen concerning the representa-
tion of employees of Hammermill Paper Company, Erie, Pennsylvania,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Charles E.
Persons, Trial Examiner. Said hearing was held at Erie, Pennsyl-
vania, on November 28, 1942. The Board, 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.
Upon the entire record in the case, the Board makes the following:
46 N. L. R. B., No. 38.
314
HAMMERMILL PAPER COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
315
Hammermill' Paper Company is a Pennsylvania corporation with
its, principal place of business at Erie, Pennsylvania, where it is en-
gaged in the manufacture of writing paper. During the first 9 months
of 1942, the Company purchased raw materials, valued in excess of
$2,775,000, approximately 75 percent of which was shipped to it from
points outside Pennsylvania. During the_ same period the Company
sold finished products valued, in. excess of $8,250,000, over 75 percent
of which' was shipped to points outside Pennsylvania.' The Company
admits, for the purpose of this proceeding, that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED'
International Brotherhood of Firemen' and Oilers, Local 249, is a
labor organization affiliated with the American Federation, of Labor',
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During the summer of 1942, the Union requested the Company to
recognize it as the exclusive representative of certain of the Company's
employees. The Company refused this request, stating that the em-
ployees claimed by the Union do not constitute an appropriate unit.
A statement of the Regional Director, introduced into evidence 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 contends that all engineers , firemen, and the night
watchman employed at the pulp wood dock of the Company constitute
an appropriate bargaining unit. The Company contends that such
employees together with the pulp wood handlers constitute a single
appropriate bargaining unit.
All employees claimed by the Union are licensed engineers or fire-
men and all are engaged in maintaining and operating cranes. There
' The Regional Director reported that the Union presented 9 authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company 's pay roll of
September 18, 1942. There are 10 employees on that pay roll who are in the unit herein-
after found to be appropriate.
316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is no interchange of employees between the engineers and firemen's
group and the pulp wood handlers. The Company's operations are
seasonal and the engineers are guaranteed 10 months of employment,
and-the firemen 9 months of employment annually. The pulp wood
handlers are not,guaranteed any specific working period. The pulp
wood handlers are not eligible to membership in the Union nor is the
Union attempting to organize such employees. We find that the
engineers, firemen, and the watchman constitute a homogeneous group
for the purposes of collective bargaining.
We find that all firemen,. engineers, and the watchman at the pulp
-wood dock of the Company constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b),
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation' which has
arisen can best be resolved by means of an election by secret ballot.
The Company's operations are seasonal and the employees within
the appropriate unit are usually laid off in the month of December of
each year and are unemployed until, the following March. Under
these circumstances we shall direct that the employees eligible to vote
in the election shall be those within the appropriate unit who were
employed during the last pay-roll period of the Company in 1942 con-
taining a full complement of employees, subject to the limitations and
additions set forth in the Direction of Election herein. '
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hammermill
Paper Company, Erie, Pennsylvania, 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 Sixth Region, acting in this matter as
agent for the National-Labor Relations Board, and subject to Article
III, Section 10, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed during the last pay-roll period in 1942 containing a full com-
plement of employees, including any such employees who did not work
during said pay-roll period because they were ill or on vacation or
HAMMERMILL PAPER COMPANY 317
temporarily 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 quit or been discharged for cause, to
determine whether or not they desire to be represented by Interna-
tional Brotherhood of Firemen and Oilers, Local 249, affiliated with
the American Federation of Labor, for -the purposes of collective
bargaining.