Michigan Paper Co. of Plainwell

National Labor Relations Board - Board Decisions

Mar 15, 1945

60 N.L.R.B. 1213 (N.L.R.B. 1945)

In the Matter of MICHIGAN PAPER COMPANY OF PLAIN WELL and PAPER
WORKERS ORGANIZING COMMITIEE , C. I. O.
Case No. 7-R-1947.-Decided March 15,1945
Mr. Sylvester J. Pheney, for the Board.
Mr. Dwight L. Stocker, of Plainwell, Mich., and Mr. E. W. Stone,
of Allegan, Mich., for the Company.
Messrs. Neil Chesebro and Charles Mitchell, of Kalamazoo , Mich.,
for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CA SE
Upon petition duly filed by Paper Workers Organizing Committee,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Michigan Paper Company of Plainwell, Plainwell, Michigan,' herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Walter Wilbur, Trial
Examiner. Said hearing was held at Kalamazoo , Michigan, on Feb-
ruary 15, 1945. The Board, the Company, and the Union appeared,
.participated, and were afforded full opportunity to be heard, to exam-
ine 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
I. THE BUSINESS OF THE COMPANY
Michigan Paper Company of Plainwell is a Michigan corporation
operating ,a plant at Plainwell, Michigan, where it is engaged in the
manufacture of book, writing, and wrapping paper. Over 50 percent
60 N. L. R. B., No. 207.
1213
1214, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the raw materials used by the Company is shipped to it from points
outside the State of Michigan. During 1944 the Company manufac-
tured products valued in excess of $2,000,000, 80 percent of which was
shipped to points outside the State of Michigan.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE. ORGANIZATION INVOLVED
Paper Workers Organizing Committee is a labor organization affili-
ated with the Congress of Industrial Organizations , admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 15, the Union requested the Company to recognize it
as the exclusive bargaining representative of its employees. The
Company refused this request 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.' -
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 Union urges that all production and maintenance employees'
of the Company, including watchmen, the janitor, and the chief elec-
trician, but excluding clerical and supervisory employees, constitute
an appropriate bargaining unit. The only controversy with respect
to the unit concerns watchmen, the janitor, and the chief electrician.
The Company would exclude them from the unit.
The Company employs three watchmen who are neither armed,
uniformed, nor militarized. They perform custodial functions usually
performed by watchmen rather than the specialized type of work
performed by plant-protection employees. Under the circumstances,
we shall include them in the unit.
The Company employs one janitor whose duties are confined to
cleaning the Company's offices. Although he works in the Company's
offices, it appears that his interests are more closely aligned with those
' The report of the Field Examiner shows that the Union submitted 104 authorization
cards. There are approximately 237 employees in the appropriate unit.
MICHIGAN PAPER COMPANY OF PLAINWELL 1215
of-the production and maintenance employees than those of the clerical
employees. We shall include him in the unit.
The chief electrician is paid on a salary basis, and the record indi-
cates that he has the same authority as other supervisory employees,
who are admittedly excluded from the unit. We shall, accordingly,
exclude the chief electrician from the unit.
We find that all production and maintenance employees of the Com-
pany, including watchmen and the janitor, but excluding clerical em-
ployees, chief electrician, and any other supervisory employees with
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.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees 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 Direction.
We find, in accordance with the desires of the parties, that students
working under temporary permits are ineligible to vote in the
election.
The Company stated at the hearing that 68 of its employees are
presently in the armed forces of the United States and requested that
in the event the results of the election hereinafter to be directed could
be affected by that number of votes, provision should be made for the
voting of . the employees in military service. With respect to em-
ployees in the armed forces, it has been our customary practice to
declare eligible only those who present themselves in person at the
polls 2
In the Mine Safety Appliances Co. case,3 we reconsider 'fully our
policy in that respect, and reaffirmed our previous finding that it is
not administratively practicable to poll employees on military leave
by mail. No further reason appears in the instant case to depart
from our established policy. Our inability to poll all the employees
on military leave, however, will not necessarily operate to give per-
manent status to a bargaining representative chosen in their absence.
When it is demonstrated that service men have returned to their
employment in sufficient numbers so that they comprise a substantial
percentage of the employees in an appropriate unit in which we have
2 See Matter of Wilson & Co , Inc, 37 N . L R B 944.
8 55 N. L . it. B. 1190.
1216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
certified a collective bargaining representative, a new petition for the
investigation and certification of a bargaining agent may be filed
with the Board. In this manner employees in the armed forces
who were unable to cast a vote will be "afforded an- opportunity to
affirm or change the bargaining agent selected in their absence.
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 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 Michigan Paper
Company of Plainwell, Plainwell, Michigan, an election by secret
ballot shall be conducted as early as possible, but not later than sixty
(60) days from the date of" this Direction, 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, 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 immedi-
ately 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, any who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the
date of election, to determine whether or not they desire to be repre-
sented by Paper Workers Organizing Committee, C. I. 0., for the
purposes of collective bargaining.