Marcal, Inc.

National Labor Relations Board - Board Decisions

Aug 20, 1940

26 N.L.R.B. 840 (N.L.R.B. 1940)

In the Matter Of MARCAL, INC. and INTERNATIONAL PRINTING
PRESSMEN & ASSISTANTS' UNION OF NORTH AMERICA, AFFILIATED
WITH THE A .'F.'OF L. '
-Case No. R-1983.-Decided August ,20, 1940
Jurisdiction : paper, napkins and wax-paper rolls manufacturing industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord recognition to union; election necessary.
Unit Appropriate for Collective Bargaining : production employees including
foremen and shipping employees, but excluding office and clerical employees;'
no controversy as to.
Mr. Joseph B. Roche, of Chicago, Ill., for the Union.,
Mr. Stanley D. Metzger, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 17, 1940, International Printing Pressmen & Assistants'
Union of North America, affiliated with the American Federation of
Labor, herein called the Union, filed with the Regional Director for
the Thirteenth Region (Chicago, Illinois) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of Marcal, Inc., Chicago, Illinois, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On July 24, 1940, 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 Regulations-Series 2, as
amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On July 25, 1940, the Acting Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on August 1, 1940, at
Chicago, Illinois, before Stephen M. Reynolds, the Trial Examiner
26 N. L. R. B., No. 86.
840
MARCAL, INC. . ' : .841
duly designated by, the Board., The Union was, represented by its
duly designated representative; the, plant. manager of the Company's
Chicago plant was present throughout the hearing. Both partici-
pated in the hearing. Full opportunity to be'he ird, to* examine and
cross examine witnesses, -arid; to introduce evidence bearing on the
issues was afforded'all parties. During the cours`e'of the hearing, the
Trial Examiner made a number, of rulings with'respect to the'admis-
sion of evidence. The Board lh s'reviewed the rulings of the Trial
Examiner and finds that no prejudicial' errors were cdinmi`tted.'' 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
Marcal, Inc., is an Illinois corporation, having its main office- and
a plant in East Paterson, New Jersey, and a plant in Chicago, Illinois,
where it is engaged in the 'manufacture of ' paper' napkins "and wax-
paper rolls. ! ' , - • :
This proceeding involves the Company's Chicago' plant. Approxi-
mately 90 per cent'of'its raw materials, consisting of approximately
2,000 tons of paper and wax annually, are shipped to it from points
outside the State of Illinois. Approximately. 75, per, cent of its
finished products are shipped to points outside the State of Illinois.
II., THE -ORGANIZATION INVOLVED , ,, •
International Printing Pressmen' & Assistants' Union '6f. North
America, affiliated with the American Federation of Labor, is a labor
organization admitting to'its membership employees 'of the Company.
III. THE QUESTION 'CONCERNING REPRESENTATION '
Oh May "14; 1940; the Union informed the Company by letter that
it represented a majority of the employees of the Company at its
Chicago plant. On June 17, 1940, the Company refused to consent
to an election to determine the bargaining representative of its
employees.
At the hearing the Trial Examiner stated that' 45 authorization
cards signed by employees of the Company, which employs approxi-
mately 60 employees at its Chicago plant, had been delivered to him
'by the Union. We find that these cards constitute evidence of sub-
stantial representation by the Union of employees of the Company
at its Chicago plant. '
We find that a question has arisen concerning the representation of
employees 6f the Company, at its Chicago plant. ,
842 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 commercP
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union desires a unit of all production employees, including
foremen and shipping employees, but excluding office and clerical
employees and the plant manager.' The Company took no position
as to the unit.
We find that all production employees of the Company at its
Chicago plant, including foremen and shipping employees, but ex-
cluding office and clerical employees and the plant manager, constitute
a unit appropriate for purposes of collective bargaining and that such
unit will insure to employees of the Company the full benefit of their
right to collective bargaining and otherwise effectuate the policies of
the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
Both the Union and the Company requested an election to determine
the question concerning representation. We find that the question
concerning representation can best be resolved by an election by
secret ballot.
We shall direct that those eligible to vote shall be the employees in
the appropriate unit whose names appear upon the Company's
pay roll immediately preceding the date of this Direction of Election,
including any 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 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 Marcal, Inc., Chicago, Illinois, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All production employees of the Company at its Chicago,
Illinois, plant, including foremen and shipping empl-)yees, but ex-
I The Union represents employees in similar units throughout the industry.
MARCAL, INC. 843
eluding office and clerical employees and the plant manager, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the 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 Marcal, Inc., Chicago, Illinois, 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 of Election, under the direc-
tion and supervision of the Regional Director for the Thirteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations , among all production employees of Marcal, Inc., Chicago,
Illinois, whose names appear upon the Company's pay roll immedi-
ately preceding the date of this Direction of Election, including
foremen, shipping employees, any 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 office and clerical employees, the plant manager,
and employees who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Inter-
national Printing Pressmen & Assistants' Union of North America,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining.