Imperial Paper and Color Corp.

National Labor Relations Board - Board Decisions

Feb 28, 1946

66 N.L.R.B. 225 (N.L.R.B. 1946)

In the Matter Of IMPERIAL PAPER AND COLOR CORPORATION and
DISTRICT 50, UNITED MINE WORKERS OF AMERICA, LOCAL UNION 12962
and INTERNATIONAL ASSOCIATION OF MACHINISTS
Case No. 2-RE-76.-Decided February 28, 1946
Mr. J. E. Singleton, of Glens Falls, N. Y., by Mr. Louis Jackson,
of New York City, for the Company.
Mr. Wayne M. Bray field, of Albany, N. Y., and Mr. John Signor,
of Glens Falls, N. Y., for District 50.
Mr. Robert Reber, of New York City, and Mr. William H. Bradt,
of Albany, N. Y., for the Machinists.
Mr. Jerome J. Dick, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Imperial Paper and Color Corpora-
tion, Glens Falls, New York, herein called the Company, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of its employees, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Robert
Silagi, Trial Examiner. The hearing was held at Glens Falls, New
York, on December 6,1945. The Company; District 50, United Mine
Workers of America, Local Union 12962, herein called District 50;
and International Association of Machinists, herein called the Ma-
chinists, appeared and participated. All parties 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 biefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Imperial Paper and Color Corporation is a New York corporation
with its general offices in Glens Falls, New York. Its plant in Glens
66 N. L. R. B., No. 20.
22S
686572-46-16
226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Falls is the only one iuvolved in this proceeding. At this plant the
Company manufactures pigment colors and chemicals. During the
year ending November 30, 1945, the Company purchased raw mate-
rials valued in excess of $1,000,000, of which approximately 90 percent
came from points outside the State of New York. During the same
period, sales of the Company's finished products exceeded $1,000,000
in value, of which approximately 90 percent was shipped to points
outside the State of New York.
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, Local Union 12962,
is a labor organization, admitting to membership employees of the
Company.
International Association of Machinists is a labor organization,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Confronted with conflicting demands by District 50 and the Ma-
chinists for recognition as the exclusive bargaining representative of
its oilers, the Company filed its petition with the Board setting forth
this fact, and requesting an investigation ,and certification of repre-
sentatives.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that District 50 represents a substantial number of
oilers.'
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. TIIE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
District 50, which has an agreement with the Company covering
all production employees, contends that oilers are a part of this con-
tract unit. The Machinists, on the other hand, has a contract with the
Company embracing all machinists, sheet metal workers, millwrights,
and welders, and their respective helpers and apprentices, and it
1 The Field Examiner reported that District 50 submitted three cards , of which two
bore the names of oilers listed on the Company 's pay roll . There are three oilers in the
Company's employ.
The Machinists submitted no cards, relying on its contract with the Company and past
bargaining history as evidence of its interest.
IMPERIAL PAPER AND COLOR CORPORATION 227
asserts that oilers form a part of its contract unit. The Company
takes a neutral position with respect to the issue which has been raised.
There are three oilers presently employed by the Company. Ap-
proximately 90 percent of their time is spent in lubricating pulleys,
shafting, mechanical agitators, and centrifuges. Two men work
throughout the entire plant, whereas the third is confined to the
bichromate department. Their work is essentially unskilled and
requires no special education, training, or experience. Oilers are
selected from among production employees.
Before 1940, the Company's machines had been lubricated by pro-
duction employees who performed this function in addition to their
normal production duties. Since that time, however, lubricating has
been done by full-time oilers. In October 1942, the Company and
Local Union 1063 of the Brotherhood of Painters, Decorators and
Paperhangers of America, herein called the Painters, signed a con-
tract for 1 year. This contract covered all production workers, and
excluded employees under the recognized jurisdiction of craft unions
such as the Machinists. In 1943, the contract between the parties was
renewed, and the situation as to the craft unions still exists. During
1942 and 1943, the Company's maintenance employees were contem-
poraneously bargained for under contracts with craft unions, includ-
ing the Machinists?
By mutual agreement between the Painters and the Machinists,
and with the acquiescence of the Company, when a production em-
ployee was promoted and became experienced as an oiler, he would
transfer his union membership from the Painters to the Machinists
and would be considered by the unions as a machinist's helper. But
the record shows that in 1944 no such transfer took place, and oilers
retained their membership in the Painters.
In the fall of 1944, District 50 filed a petition seeking bargaining
rights on behalf of the Company's production employees in essen-
tially the same unit as had been represented by the Painters. Pursuant
to a Decision and Direction of Election by the Board,3 an election
was conducted among all production employees in this unit. All
maintenance employees represented by craft unions, including the
Machinists, were specifically excluded from the unit. The Company
and District 50 entered into a contract dated March 10, 1945, covering
the unit in which District 50 was certified by the Board. The Machin-
ists took the position at that time that the oilers were not included in
that unit.
2 The agreements with the Painters contained a modified union -shop provision, and
those with the craft unions, a union-shop provision requiring membership in the particular
union under whose jurisdiction a worker fell.
3 Matter of Imperial Paper and Color Corporation, 59 N. L It. B. 734.
228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
It is evident from the record and the Board's decision in the previ-
ous case that the inclusion or exclusion of oilers was not considered
or adjudicated. The history of collective bargaining indicates that
the oilers have been represented in both a unit of production employ-
ees and a unit of maintenance employees. We are of the opinion,
therefore, that they may be represented in either type of unit .4 We
shall direct an election among the oilers so that they may indicate
their desire as to whether or not they should be added to the estab-
lished bargaining unit represented by District 50, or the established
bargaining unit represented by the Machinists. Our determination
as to how they shall be bargained for will depend, in part, upon the
results of this election.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among all oilers
employed by the Company at its Glens Falls plant, excluding all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, 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
this Direction.
If the oilers vote for District 50, they will be taken to have indicated
a desire to be bargained for as part of the production unit now repre-
sented by that union. Conversely, if they vote for the Machinists,
they will be taken to have indicated a desire to be bargained for as
part of the unit of certain maintenance employees now represented
by that organization.
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 Imperial Paper
and Color Corporation, Glens Falls, New York, 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 Second Region, acting
in this matter as agent for the National Labor Relations Board, and
4 It is clear , and all parties agree, that oilers do not constitute a separate appropriate
unit.
IMPERIAL PAPER AND COLOR CORPORATION 229
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the voting group described 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 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, to determine whether they desire to be represented by
District 50, United Mine Workers of America, Local Union 12962,
or by International Association of Machinists, for the purposes of
collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.