Marinette Paper Co.

National Labor Relations Board - Board Decisions

Jun 17, 1960

127 N.L.R.B. 1319 (N.L.R.B. 1960)

MARINE'1TE PAPER COMPANY 1319
community of interest,among all-of the employees of the.Employer in
a particular area in which they work, indicate the appropriateness of
the alternative unit sought by the Petitioner.' The Board has fre-
quently indicated that, absent unusual circumstances, the appropriate
collective-bargaining unit should embrace all employees within the
categories sought, who perform their work within the Employer's
administrative division or geographical area 4 We find, therefore,
that a unit consisting of all the pharmacists in the Employer's Roch-
ester, New York, area, which comprises an administrative division
of the Employer as well as a geographical area, is appropriate.
The following employees of the Employer constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Section 9(b) of the Act:
All pharmacists employed at the Employer's drugstores and the
prescription center in Rochester, New York, the drug-store in Seneca
Falls, New York, and the drugstores in Auburn, New York, all known
as the Rochester area, excluding all other employees and supervisors
as defined in the Act.
[Text of Direction of Election omitted from publication.]
8 Crown Drug Company, supra.
d See Safeway Stores, Incorporated , 90 NLRB 998-1000.
Marinette Paper Company and International Brotherhood of
Pulp, Sulphite and Paper Mill Workers, AFL-CIO, Petitioner
Marinette Paper Company and Local 773, United Association
of Journeymen and Apprentices of the Plumbing and Pipe
Fitting Industry of the U.S. and Canada, AFL-CIO, Petitioner.
Cases Nos. 3-RC-2355 (formerly, 2-RC-10526) and 3-RC-2356
(formerly 2-RC-10729). June 17, 1960
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed in Case No. 3-RC-2355 under Section
9(c) of the National Labor Relations Act, a hearing was held before
Louis A. Schneider, hearing officer, and the proceeding thereafter
transferred to the Board. Upon the subsequent filing of the petition
in Case No. 3-RC-2356, the Board, by order of April 28, 1960, re-
opened the record in the earlier case and remanded it to the Regional
Director for the purpose of consolidation with Case No. 3-RC-2356
and for completion of the record. A consolidated hearing was held
before Louis A. Schneider, hearing officer. The -hearing officer's
rulings made at the hearings are free from prejudicial error and are
hereby affirmed.
127 NLRB No. 166.
1320 DECISIONS OF, NATIONAL LABOR ,RELATIONS BOARD
Pursuant to the provisions of Section 3(b)'.of the National Labor
Relations Act, the Board has delegated its powers in connection with
these cases to a three-member panel [Chairman Leedom and Members
Rodgers and Bean].
Upon the entire record in these cases, the Board finds :
1.- The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved 1 claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9(c) (1) and Section 2(6) and (7) of the Act.
District 50 contends that its current contract with the Employer
covering the employees herein involved, and effective from May 23,
1958, until May 22, 1960, is a bar to these proceedings. In addition,
the Employer, the. Petitioner in Case No. 3-RC-2355,. herein' called
Paper Mill Workers, the Papermakers, and District 50 2 contend that
the petition for craft severance in Case No. 3-RC-2356 was untimely
filed during the insulation period of the involved contract.' How-
ever, as the petition' in Case ^ No. 3-RC-2355 was filed on February 25,
1960, within the period of 60 to 150 days before the end of the contract
term, we find that it was tiliiel" filed 4 and raises a question concerning
representation. As to the petition in Case No. 3-RC-2356, it is clear
that it was filed during the pendency of an unresolved question con-
cerning representation raised by the earlier petition, which rendered
inoperative the insulation period contemplated in the Deluxe Metal
case. In such circumstances, we find that it will effectuate the pur-
poses of the Act to process the petition a
4. In Case No. 3-RC-2355, the Paper Mill Workers seek to repre-
sent a unit of production, maintenance, shipping, receiving, ware-
housing, and service employees at the Employer's plant in Fort
Edward, New York. This is the unit currently represented by
District 50. The Employer and the Intervenors agree that such a unit
is appropriate.
In Case No. 3-RC-2356, the Petitioner, herein called Pipefitters,
seeks to sever a unit of instrument technicians from the existing
overall unit. The Paper Mill Workers agree that such a unit is
appropriate only if the.Pipefitters' petition is timely. The other
i United Papermakers and Paperworkers, AFL-CIO, herein called Papermakers, and
District 50, United Aline Workers of America, herein called District 50, were permitted to
intervene at the hearing on the basis of a separate showing of interest and a current
contract, respectively.
s District 50 also moved to dismiss the petition in Case No. 3-RC-2356 on the ground
that it was untimely filed. For the reasons stated hereinafter , the motion is denied
3 Deluxe Metal Furniture Company, 121 NLRB 995.
4 Ibid.
5 See General Dyestuff Corporation , 100 NLRB 72.
MARINETTE PAPER COMPANY 1321
parties contend that in any event a separate unit of instrument tech-
nicians is inappropriate.
There are four instrument technicians and one instrument tech-
nician leadman in the plant. They constitute a functionally distinct
department in the plant with a separate work area, in which 50
percent of their time is spent, and are under separate supervision.
The Employer maintains a 24-month apprenticeship program for
these employees who advance through a separate series of job classi-
fications. Thus, after 2 years as instrument technician helpers, they
are promoted to second-class instrument technicians and, after an
additional 21/2 years, are promoted to first-class or journeymen status.
Eighty percent of the time of these employees is spent in maintaining,
repairing, installing, and dismantling various instruments and control
equipment in the plant, which functions they perform without inter-
changing with employees in other classifications. Although these
employees perform some electrical and pipefitting work, it is inci-
dental to their installation and dismantling work. In these circum-
stances, we find that the instrument technicians possess and exercise
true craft skills similar to those of employees we have previously
found to be craftsmen,° and that they constitute an appropriate voting
group which may be severed from the established overall unit, if they
so desire. The parties agree that the instrument technician leadman
is not a supervisor, and as the record does not disclose that he has, or
exercises, any supervisory authority, we shall include him in the voting
group.
The Employer also contends that the Pipefitters do not meet the
traditional union test within the meaning of the American Potash
decision? However, the record shows that the Pipefitters represent
similar employees at other plants. Moreover we have previously per-
mitted the Pipefitters to represent such employees in separate units.8
Accordingly, we find that the Pipefitters is qualified to represent the
Employer's instrument technicians in a separate unit.
In view of our determination that the instrument technicians may
constitute a separate unit if they so desire, we shall make no final
unit determination at this time, but shall direct separate elections
in the following voting groups of employees at the Employer's plant
in Fort Edward, New York :
A. All production, maintenance, shipping, receiving, warehousing,
and service employees, excluding all employees in voting group B,
journeymen, pipefitters and their helpers, all millwrights and shift
mechanics and their helpers, all electricians and their helpers, con-
sumers' representatives, salaried employees in Technical Control and
°Rayonier, Inc., 110 NLRB 1191, 1194 (instrument mechanics) ; General Tire and
Rubber Company, 106 NLRB 246 , 249 (instrument repairmen).
7 American Potash and Chemical Corporation , 107 NLRB 1418.
8 Rayonier, Inc., supra ; General Tire and Rubber Company, supra.
1322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Engineering Division, office clerical, plant clerical, and professional
employees, guards, watchmen, and all supervisors as defined in the
Act.
B. All instrument technicians and the instrument technician lead-
man, but excluding all other employees, guards, watchmen, and all
supervisors as defined in the Act.
If a majority of the employees in voting group B vote for the Pipe-
fitters, those employees will be taken to have indicated their desire to
constitute a separate bargaining unit, and the Regional Director
conducting the election is hereby instructed to issue a certification of
representatives to the Pipefitters for such unit, which the Board under
the circumstances finds to be appropriate for purposes of collective
bargaining. And in that event, should a majority of the employees
in voting group A select a bargaining representative, the Regional
Director is instructed to issue a certification of representatives to the
successful labor organization for such a unit, which the Board, under
the circumstances, finds to be appropriate for purposes of collective
bargaining.
However, if a majority of the employees in voting group B do not
vote for the Pipefitters, such group will appropriately be included in
the same unit with the employees in voting group A and their votes
will be pooled with those in voting group A.9 If a majority of the
employees in the pooled group select a bargaining representative,
the Regional Director is instructed to issue a Certification of Repre-
sentatives to the successful labor organization for the pooled group
which the Board in such circumstances finds to be an appropriate
unit for the purposes of collective bargaining.lo
[Text of Direction of Elections omitted from publication.]
' If the votes are pooled, they are to be tallied as follows : The votes for the Pipefitters
shall be counted as valid votes, but neither for nor against any union seeking to represent
the more comprehensive unit ; all other votes are to be accorded their face value, whether
for representation in one of the unions seeking the comprehensive group or for no union.
10 Royal McBee Corporation, 127 NLRB 896.
New Bedford , Woods Hole , Martha's Vineyard and Nantucket
Steamship Authority and National Marine Engineers Bene-
ficial Association. Case No. AO-13. June 17, 1960
OPINION DISMISSING PETITION FOR
ADVISORY OPINION
This is u petition, filed pursuant to Section 102.98 of the Board's
Rules and Regulations, Series 8, requesting an advisory "opinion of
the Board on whether it would assert jurisdiction on the basis of
127 NLRB No. 155.