Kimberly-Clark Corp.

National Labor Relations Board - Board Decisions

Dec 7, 1944

59 N.L.R.B. 780 (N.L.R.B. 1944)

In the Matter of KIMBERLY -CLARK CORPORATION end WALL PAPER
WORKERS UNION OF THE Fox RIVER VALLEY
Case No. 13-R-2681.-Decided Dieceanber 7, 1944
Messrs. S. N. Moe and M. H. Kettenhofen, of Neenah, Wis., for
the Company.
Mr. William T. Skinners, of Neenah, Wis.; for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Wall Paper Workers Union of the
Fox River Valley, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Kimberly-Clark Corporation, Neenah, Wisconsin, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Robert T.
Drake, Trial Examiner. Said hearing was held at Neenah, Wis-
consin, on November 14, 1944. The Company and the Union ap-
peared at and participated in the hearing.' 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 briefs
with the Board.
Upon,the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Kimberly-Clark Corporation is a Delaware corporation operating
seven plants in the States of New York and Wisconsin. We are here
I Although United Wall Paper Craftsmen and Workers of North America was served with
Notice of Hearing, it did not appear. The United advised the Regional Director that it had
no interest in the instant proceeding.
59 N. L. R. B., No. 155.
780
KIMBERLY-CLARK CORPORATION 781
concerned with its plants at Appleton and Neenah, Wisconsin, where
it is engaged in the manufacture of wall paper. The Company pur-
chases raw materials valued at about $41,000, monthly, approximately
30'.percent of which is shipped to it from points outside the State of
Wisconsin. During the same period the Company sells products
valued at about $67,000, all of which is shipped to points outside the
State of Wisconsin.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Wall Paper Workers Union of the Fox River Valley is a labor
organization admitting'to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative. of certain of its employees until
such time, as the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.2
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; THE DETERMINATION OF REPRESENTATIVES
In 1938 the Board certified the' Union as the exclusive collective
bargaining representative for all production and maintenance em-
ployees at the Atlas-Kimlark Division of the Company, excluding
machine printers and color mixers. Since then, the Company has
recognized the Union as the exclusive collective bargaining represent-
ative of all such employees. The Union now seeks to enlarge the
scope of its present bargaining unit by adding thereto all color mixers
and machine printers. The Company agrees with the contention of
the Union.
We shall, accordingly, direct an election only among the color mixers
and machine printers in the Atlas-Kimlark Division of the Company
so that they may, indicate their desires as to whether or not they
should be added, to the established bargaining unit presently rep-
resented by the Union.3 '
2 The Field Examiner reported that the Union presented five membership application
cards. There are eight persons in the group covered by the petition.
3 Matter of Armour and Company, 40 N. L. R. B 1333.
782 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees of the Company in the following voting group who were em-
ployed during the pay-roll period immediately preceding the date of
the Direction of Election herein, subject to the limitations and addi-
tions set forth in the Direction :
All color mixers and machine printers in the Atlas-Kimlark Divi-
sion of the Company, excluding supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action. In
the event a majority of the employees select the Union as their bar-
gaining representative, they will have thereby indicated their desire
to be merged with the employees of the Company now represented
by the Union.
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 Relations 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 Kimberly-Clark
Corporation, Neenah, Wisconsin, 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 Thirteenth Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, 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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any 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 Wall Paper
Workers Union of the Fox River Valley for the purposes of collec-
tive bargaining.