Kennedy Car-Liner and Bag Co., Inc.

National Labor Relations Board - Board Decisions

Oct 25, 1943

53 N.L.R.B. 71 (N.L.R.B. 1943)

In the Matter of KENNEDY CAR-LINER AND BAG COMPANY, INC. and
LOCAL 323, INTERNATIONAL BROTHERHOOD OF PULP, SULPHITE AND
PAPER MILL WORKERS, A. F. OF L.
Case No. 9-R-1197.-Decided October 05, 1943
Mr. Wilbur F. Pell, of Shelbyville, Ind., for the Company.
Mr. Edward A. Mangan, of Shelbyville Ind., for the Union.
1IMr. Joseph W. Kulkis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 323, International Brotherhood
of Pulp, Sulphite and Paper Mill Workers, A. F. of L., herein called
the Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Kennedy Car-Liner and
Bag Company, Inc., herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before William I. Shooer, Trial Examiner . Said hearing was held
at Shelbyville, Indiana, on October 8, 1943. The Company and the
Union appeared and participated. All parties were afforded full op-
portunity 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 an opportunity to file
briefs with the Board.
Upon the entire record in the case , the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Kennedy Car-Liner-and Bag Company, Inc., is an Indiana corpora-
tion operating plants in Shelbyville, Indiana, at which it is engaged
in the manufacture of paper and plastic products. During the period
of January 1, 1943, to June 30, 1943, the Company purchased materials
53 N. L . R B., No. 14.
71
72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in excess of $1,000,000 and had sales in excess of $1,000,000. Of the
materials purchased approximately 95 percent was purchased outside
the State of -Indiana and shipped to the plants of the Company at
Shelbyville, Indiana. Approximately 80 percent of the finished prod-
ucts was shipped by the Company to points outside the State of
Indiana. Only the Company's Plants Nos. 1, 4, and 5 are involved in
this proceeding.
II. THE ORGANIZATION INVOLVED
Local 323, International Brotherhood of Pulp, Sulphite and Paper
Mill Workers, affiliated with the American Federation of Labor, is a
labor organization, admitting to membership employees of the Com-
pany. '
III: THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees unless and until
the union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner of the Board, introduced into.
evidence at the hearing, indicates that the Union represents a substan-
tial 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.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
production and maintenance employees in Plants Nos. 1, 4, and 5,
Shelbyville, Indiana, but excluding all clerical workers, plant-protec-
tion guards, and all employees having authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
i The Field Examiner reported that the Union submitted 153 authorization cards
bearing apparently genuine original signatures ; that the names of 153 persons appearing
on the cards were listed on the Company 's pay roll of September 4, 1943, which contained
the names of 484 employees in the appropriate unit.
Subsequent to the bearing, the Company, for the purpose of attacking the validity of
the statement of the Field Examiner and permitting it to inspect and cross -examine
with respect to certain union membership cards , filed a petition and a brief in support
thereof requesting (1) leave to adduce additional evidence and (2 ) issuance of a sub-
poena duces tecum, 'ehich had previously been denied by both the Acting Regional Director
and the Trial Examiner. The petition is hereby denied. See Matter of Atlas Powder
Company, 43 N. L. It. B . 757; Matter of Hill Stores, Inc., 39 N. L. R. B 874.
KENNEDY CAR-LINER AND BAG COMPANY 73
V. THE DETERMINATION 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 Election
herein, subject to the limitations and additions set forth in the Direc-
tion.
DIRECTION OF ELECTION
By virtue of an 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 Kennedy Car-
Liner and Bag Company, Inc., Shelbyville, Indiana, 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 Ninth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees 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 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 or not they desire to be represented
by local 323, International Brotherhood of Pulp, Sulphite and Paper
Mill Workers, affiliated with the American Federation of Labor, for
the purposes of collective bargaining.
MR. GERARD D. RE ILLY took no part in the consideration of the above
Decision and Direction of Election.