Hammermill Paper Co.

National Labor Relations Board - Board Decisions

Apr 15, 1943

48 N.L.R.B. 1269 (N.L.R.B. 1943)

In the Matter Of HAIVIMERMILL PAPER COMPANY and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
Case No. R-.5042.--Decided April 15, 1943
Jurisdiction : paper manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, with specified exclusions ; factory clerks and laboratory employees
included when their functions were related to employees within the unit ;
restaurant employees excluded when their duties were unrelated to employees
within the unit; watchmen excluded, in accordance with Board's usual practice,
when they were civilian auxiliaries of the military police.
Mr. W. Pitt Gifford, of 'Erie, Pa., for the Company.
Mr. Arthur Nurser, of Pittsburgh, Pa., and Mr. Peter MacCagno, of
Erie, Pa., for District 50.
Mr. John A. Spaeder, of Erie, Pa., for the Independent.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, herein called District 50, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Hammermill Paper Company, Erie, Pennsylvania, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before S. Craig Carnes, Trial Exam-
iner. Said hearing was held at Erie, Pennsylvania, on March 23, 1943.
The Company, District 50, and Hammermill Employees' Welfare
Union, herein called the Independent, 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 preju-
dicial error and are hereby affirmed.
48 N. L. R. B., No. 157.
1269
1270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Hammermill Paper Company is a Pennsylvania corporation en-
gaged at Erie, Pennsylvania, in the manufacture of writing papers.
During the year 1942, the Company used raw materials valued in
excess of $2,775,000, of which approximately 75 percent was pur-
chased and shipped to, the Company from points outside the Com-
monwealth of Pennsylvania. During the same period, the Company
produced finished products valued in excess of $8,250,000, of which
approximately 75 percent was sold and shipped by ,the Company to
purchasers outside the Commonwealth of Pennsylvania. For the
purpose of this proceeding, the Company admits that it, is engaged
in commerce within the meaning of the National Labor Relations
Act.
II. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion, admitting to membership employees of the Company.
Hammermill Employees Welfare Union is an unaffiliated labor
organization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated November 11, 1942, District 50 requested the Com-
pany to recognize it as the exclusive bargaining representative of the,
employees in an appropriate bargaining unit. The Company refused
to recognize District 50 unless and until it is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that District 50 and the Independent each rep-
resents a substantial number of employees in the unit hereinafter
found 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.
1 The report of the Regional Director states that District 50 submitted 652 application-
for-membership cards bearing apparently genuine signatures ; that 640 of these cards bear
dates between June 1942 and March 1943 and the remaining 12 cards are undated; and
that 468 of the signatures appearing on these cards are the names of persons whose names
appear on the Company 's pay roll of February 28, 1943, which pay roll contains the names
of 1,154 hourly paid employees.
The report of the Regional Director further states that the Independent submitted 478
application -for-membership cards bearing apparently genuine signatures ; that 462 of these
cards bear dates between August and November 1942 and the remaining 16 are undated ;
and that 402 of said signatures are the names of persons whose names appear on the Com-
pany 's pay roll of February 28, 1943.
HAMM'ERMILL PAPER COMPANY 127 1
IV. THE APPROPRIATE UNIT
District 50 contends that all production and maintenance employees
of the Company exclusive of supervisory employees , clerical and tech-
nical employees , and guards , comprise an appropriate bargaining
unit. The Company and the Independent request a unit comprised
of all hourly , paid employees of the Company exclusive of hourly
paid supervisory employees.'
All parties agree that the hourly paid supervisory employees should
be excluded from the unit . This group includes approximately 25
hourly paid employees classified as foremen , assistant foremen, work-
ing foremen , and supervisors , all of whom supervise the employees
under them and have the authority to recommend disciplinary action.
We shall exclude them from the appropriate unit.
From, a classified pay roll prepared by the Company ' and intro-
duced into evidence at the hearing , it appears that the issues with
respect to the appropriate unit involve the following groups of
employees :
1. Factory clerics
There are nine hourly paid employees employed in the plant's fin-
ishing room and shipping department who are listed on the Com-
pany's pay roll as clerks and checkers . Both groups are herein
referred to as factory clerks since their duties are similar. The fac-
tory clerks work on the floor of the plant under the supervision of
departmental supervisors . They formulate reports on the progress of
the production work and are not required to have any specialized
training . District 50 would exclude the factory clerks while the
Company and the Independent would include them in the unit.
Since they work on the plant floor and perform functions directly
related to production work, we shall include the hourly paid factory
clerks in the unit.
2. Hourly paid laboratory employees
The Company employs some 26 hourly paid laboratory employees.
These employees possess no particular technical training or education.
They work on the plant floor performing summary tests on the paper
as it goes through the machines and reporting the results of these
tests to the paper makers . They are subordinate to 4 supervisors who
are in turn under the supervision of the research laboratory which is
housed ' in a separate building . Only through this medium are the
hourly paid laboratory employees in contact with the technical re-
search laboratory . District 50 would exclude these employees as
technical employees . The Independent and the Company desire their
1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
inclusion in the unit. , Since they work in the plant where the paper
is manufactured and area not laboratory technicians in the true sense
of the word, we shall include the hourly paid laboratory employees
in the unit.
3. Restaurant employees
The Company maintains a restaurant for its employees which is
contiguous or a part of the plant proper. The restaurant personnel
is comprised of a head cook, a night cook, a handy man, a dishwasher,
and several waitresses, all of whom- are hourly paid. District 50
would exclude these employees while the Independent and the Com-
pany contend that they should be included in the unit. Since their
duties are unrelated to production or maintenance, we shall exclude
the restaurant employees from the appropriate unit.
4. Watchmen
The Company employs 23 hourly paid watchmen, most of whom
are uniformed armed guards. All of these watchmen have recently
been sworn in as civilian auxiliaries of the military police. District
50 would exclude the watchmen while the Company and the Inde-
pendent desire their inclusion in the unit. In accordance with our
usual policy of excluding armed guards and plant-protection em,
ployees who are civilian auxiliaries of the military police from units
of production and maintenance employees, we shall exclude the
watchmen from the appropriate unit.
We find that all production and maintenance employees of the
Company, including hourly paid factory clerks and hourly paid lab-
oratory employees, but excluding all supervisory employees, watch-
men, clerical employees (other than. factory clerks), restaurant em-
ployees, and technical or professional employees, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETFRMINATION 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 Elec-
tion 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 Rela-
HAMMERMILL PAPER COMPANY 1273
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended it is
hereby
DI cTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with the 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 Ar-
ticle III, Section 10, of said Rules and Regulations, among the em-
ployees 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 temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
employees who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by District 50, United
Mine Workers of America, or by Hammermill Employees Welfare
Union, unaffiliated, for the purposes of collective bargaining, or by
neither.