Kalamazoo Paper Co.

National Labor Relations Board - Board Decisions

Mar 3, 1941

30 N.L.R.B. 49 (N.L.R.B. 1941)

In the Matter of KALAMAZOO PAPER COMPANY and LOCAL 52,
INTERNATIONAL BROTHERHOOD OF PAPER MAKERS, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Case No. R-2275.-Decided- March 3, 1941
Jurisdiction : paper manufacturing industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord union recognition; election necessary.
Unit Appropriate'for Collective Bargaining : hourly rate production and main-
tenance employees engaged in actual production, excluding firemen and oilers,
watchmen, general office employees, foremen, superintendents, and supervisory
employees with the power to hire and discharge; stipulation as to.
Howard, Howard and Howard, by Mr. John C. Howard, of
Kalamazoo, Mich., for the Company.
Mr. Luther E. Janney, of Wyoming, Ohio, and Mr. -John W.
Bailey, of Kalamazoo, Mich., for Local 52.
Miss Mary E. Perkins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 26, 1940, Local-52, International Brotherhood of
Paper Makers, affiliated with the American Federation of Labor, herein
called Local 52, filed with the Regional Director for the Seventh
Region (Detroit, Michigan) a petition alleging that a question af-
fecting commerce had arisen concerning the representation of em-
ployees of Kalamazoo Paper Company, Kalamazoo, Michigan, herein
called the Company, and requesting an investigation and certifica-
tion of representatives, pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On January
10, 1941, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 3, of National Labor Relations Board Rules and Reg-
ulations-Series 2, as amended, ordered an investigation and au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
30 N. L . R. B., No. 7.
49
50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On January 20, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and Local
52. Pursuant to the notice, a hearing was held on January 28, 1941,
at Kalamazoo, Michigan, before Earl R. Cross, the Trial Examiner
duly designated by the Board. The Company was represented by
counsel and Local 52 by its representatives; both participated in the
hearing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues was af-
forded both parties. During the course of the hearing the Trial
Examiner made several rulings on motions and on objections to the
admission of evidence. The Board has reviewed all the rulings of
the Trial Examiner and finds that no prejudicial errors -were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Kalamazoo-Paper Company is a corporation organized and existing
under the laws of the State of Michigan, having its principal place of
business at Kalamazoo,,Michigan. The Company operates a plant at
Kalamazoo at which it manufactures and finishes paper. During 1940
the Company used at its Kalamazoo plant.raw materials valued at
$3,171,335.74, approximately 75 per cent of which were purchased and
shipped from points outside Michigan. During the same period
finished products valued at $4,886,932.44 were manufactured at the
plant, approximately 75 per cent of which were sold outside Michigan.
The Company employs 750 to 800 persons.
II. THE ORGANIZATION INVOLVED
Local 52, International Brotherhood, of Paper Makers, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership production and maintenance employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
Local 52 was chartered in July 1940, after a campaign to organize
the Company's employees instituted early in that month. On Novem-
ber 18, 1940, it requested the Company to meet with its representatives
"for the purpose of negotiating a labor agreement." The Company
refused to meet with them on the ground that 'it could not fairly decide
who should represent its employees. No other labor organization seeks
to represent the employees of the Company in the unit alleged to be
appropriate. From a statement of the Regional Director introduced
'KALA'MAZOO PAPER COMPANY 51
in evidence at the hearing it appears Local 52 represents a substantial
number of employees of the Company? -
We find that a question has arisen concerning the representation
of the employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company's plant consists of three paper mills, two coating mills,
and two power plants, housed in separate buildings, located close
together on the same piece of land. It was stipulated by the parties
that the appropriate unit should consist of all hourly rate production
and maintenance employees engaged in actual production, excluding
firemen and oilers, watchmen, general office employees, foremen, super-
intendents, and supervisory employees with the power to hire and dis-
charge. It appears that the Company is already dealing separately
with the firemen and oilers, who are organized and represented by
another affiliate of the American Federation of Labor. We see no
reason for departing from the desires of the parties.
We find that all hourly rate production and maintenance employ-
ees engaged in actual production, excluding firemen and oilers,
watchmen, general office employees, foremen, superintendents, and
supervisory employees with the power to hire and discharge, consti-
tute a unit appropriate for the purposes of collective bargaining, and
that said unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF JREPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. Local 52
contends that a current pay roll should be used to determine eligi-
bility. The Company urges that eligibility should be determined as
I The Regional Director 's statement shows that 485 persons who were employed by
the Company during the week of November 26, 1940, have signed applications for member-
ship in Local 52 since August 1, 1940 . Approximately 800 persons are employed by the
Company . The unit hereinafter found to be appropriate contains about 760 persons.
440135-42-Vol 30-5
52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of November 26, 1940, the date of the petition herein. A list of the
employees in, the stipulated unit who were employed on that date
was incorporated by reference in the record. Local 52 contends that
some of its members, discharged prior to November 26 and since re-
hired, would be deprived of an opportunity to vote if the November
26 list were used. It appears that because of business conditions 58
men were discharged prior to the compilation of the November 26 list,
some of whom have now been rehired. While the Company has
given preference to these men, in hiring persons to' fill vacancies, it
appears to be the position of both parties that those not yet rehired
cannot be considered employees.
We shall direct that those eligible to vote in the election shall be
persons employed by the Company in-the appropriate unit during
the pay-roll period last preceding the date of this Direction of Elec-
tion including employees who did not work during such pay-roll
period because they were ill or on vacation and employees who were
then or have since been temporarily laid off, but excluding those who,
have since quit or been discharged for cause.
Upon the basis of the above findings of, fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Kalamazoo Paper Company, Kalamazoo,
Michigan , within the meaning of Section 9 (c), and Section 2 (6)
and (7 ) of the National Labor Relations Act.
2. All hourly rate production and maintenance employees engaged
in actual production , excluding firemen and oilers , watchmen, gen-
eral office employees , foremen, superintendents , and supervisory em-
ployees with the power to hire and discharge , constitute a' unit
,appropriate for the purposes of collective bargaining , within the
meaning of Section 9 (b) of the National Labor .Relations Act. '
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Kalamazoo Paper Company, Kalamazoo, Michigan, an election
by secret ballot shall be conducted as early as possible, but not later
KALAMAZOO PAPER COMPANY 53
than thirty (30) days from the date of this Direction of Election,
under the direction and supervision of the Regional Director for the
Seventh Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Section 9, of said Rules
and Regulations, among all hourly rate production and maintenance -
employees engaged in actual production, employed by the Company
during the pay-roll period last preceding the date of this Direction
of Election, including any such employees who did not work during
said pay-roll period because they were ill or on vacation and employees
who were then or have since been temporarily laid off, but excluding
firemen and oilers, watchmen, general office employees, foremen,
superintendents, and supervisory employees .with the power to hire
and discharge and employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by Local 52, Internationad Brotherhood of Paper Makers, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.