International Paper Co.

National Labor Relations Board - Board Decisions

Jul 1, 1968

172 N.L.R.B. 933 (N.L.R.B. 1968)

INTERNATIONAL PAPER CO. 933
International Paper Company , Southern Kraft Divi-
sion and Alabama State Nurses Association, Peti-
tioner. Case 15-RC-3841
July 1, 1968
DECISION AND DIRECTION OF ELECTION
By MEMBERS FANNING, JENKINS, AND ZAGORIA
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before a Hearing Officer of the
National Labor Relations Board.
Pursuant to the provisions of Section 3(b) of the
Act, the Board has delegated its powers in connec-
tion with this case to a three-member panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. The rulings are hereby
affirmed.
Upon the entire record in this case, including the
Petitioner's and Employer's briefs, the Board finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The Employer contends that the Petitioner is
not a labor organization because (1) it is not com-
petent to deal with grievances or disputes; (2) it ac-
cepts for membership both supervisors and em-
ployees; and (3) its board of directors is composed
of supervisors and employee nurses.
Petitioner's bylaws list among its purposes, to
"Promote and protect the economic and general
welfare of the nurses" and to "represent nurses and
serve as their spokesman with allied , professional,
community , and government groups, and with the
public"; this is broad enough to encompass collec-
tive bargaining . Although Petitioner does have su-
pervisors as members and supervisors serve on the
board of directors the record indicates substantial
participation by the employee members in the af-
fairs of Petitioner , and that no employer supervisors
or employees are presently serving on the board of
directors . Further , we note that Petitioner stated, in
uncontroverted testimony , that should it be cer-
tified , goals and negotiations involving the unit
herein would be determined and pursued solely by
members of th . unit . For the foregoing reasons, we
find the Petitic ier to be a labor organization under
Section 2(5) )f the Act. See International Or-
ganization of Masters, Mates and Pilots of America,
Inc., AFL-CIO (Chicago Calumet Stevedoring Co.),
144 NLRB 1172, affd. 351 F .2d 771 (C.A.D.C.).
3. A question affecting commerce exists con-
cerning the representation of certain employees of
the Employer within the meaning of Section
9(c)(1) and Section 2(6) and (7) of the Act.
4. The following employees of the Employer
constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section
9(b) of the Act:
All registered professional nurses employed by
Employer at its Mobile , Alabama, location, exclud-
ing the head nurse and all other employees,
watchmen, guards, and supervisors as defined in the
Act.'
[Direction of Election2 omitted from publica-
tion. ]
' The Employer operates 10 mills in 6 southern States Petitioner seeks
to represent the professional nurses located at Employer's Mobile,
Alabama, plant Although the production and maintenance employees of
Employer are bargained for on a divisionwide basis there is no bargaining
history involving the professional nurses The record indicates that the Mo-
bile, Alabama, plant is geographically distant from the other plants in the
division, that there is virtually no interchange of professional nurses from
one plant in the division to another, that the professional nurses are dis-
tinct from the other employees at the plant , and that no other labor orga-
nizanot, seeks to represent the Employer 's professional nurses in a broader
unit For the foregoing reasons, we find the unit described above to be
appropriate See Joseph E. Seagram & Sons, Inc., 101 NLRB 101
' An election eligibility list, containing the names and addresses of all the
eligible voters, must be filed by the Employer with the Regional Director
for Region 15 within 7 days after the date of this Decision and Direction of
Election The Regional Director shall make the list available to all parties
to the election No extension of time to file this list shall be granted by the
Regional Director except in extraordinary circumstances Failure to
comply with this requirement shall be grounds for setting aside the election
whenever proper objections are filed Excelsior Underl ear Inc , 156 NLRB
1236
172 NLRB No. 100