Morris Paper Mills

National Labor Relations Board - Board Decisions

May 8, 1946

67 N.L.R.B. 1231 (N.L.R.B. 1946)

In the Matter of LINDLEY Box & PAPER COMPANY, DIVISION OF
MORRIS PAPER MILLS 1 and UNITED PAPER WORKERS OF AMERICA,
C. I. O.
Case No. 11-R-962.-Decided May 8, 1946.
Mr. Wilbur F. Pell, of Shelbyville, Ind., and Mr. H. H. Lindley, of
Marion, Ind., for the Company.
Mr. Nicholas C. Vrataric, of Indianapolis, Ind., for the C. I. O.
Mr. Keith Wentz, of Hartford City, Ind., for the A. F. of L.
Mr. Warren H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Paper Workers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Lindley Box & Paper Company, Division of Morris Paper Mills,
Marion, Indiana, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Arthur R. Donovan, Trial Examiner. The hearing was held
at Marion, Indiana, on April 9, 1946. At the commencement of the
hearing the Trial Examiner granted a motion to intervene by Inter-
national Brotherhood of Pulp, Sulphite & Paper Mill Workers, A. F.
of L., herein called the A. F. of L. The Company, the C. I. 0., and
the A. F. of L. appeared and participated. 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 Exam-
iner'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
Lindley Box & Paper Company, Division of Morris Paper Mills,
a wholly owned subsidiary of Morris Paper Mills, is an Indiana cor-
I The name of the Company appears in the caption and body of this Decision as it was
amended at the hearing.
67 N. L. H. B., No. 161.
1231
1232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
poration which maintains its principal office and place of business at
Marion, ]ndiana. During the past year the Company purchased raw
materials valued in excess of $50,000, of which more than 50 percent
was received from points outside the State of Indiana. During the
same period the Company sold finished products, consisting of paper
folding boxes, valued in excess of $50,000, of which more than 50
percent was shipped to points outside the State of Indiana.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II, THE ORGANIZATIONS INVOLVED
United Paper Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
International Brotherhood of Pulp, Sulphite & Paper Mill Workers
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as
the exclusive bargaining representative of certain of its employees
until the C. I. O. has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of
employees in the unit hereinafter found 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.
2 The Field Examiner reported that the C . I O. submitted 103 authorization cards bear-
ing the names of 99 employees listed on the Company 's pay roll of March 26 , 1946, and
that the cards were dated as follows. February , 1 ; March , 96; and undated , 2, and that
the A. F of L. submitted 19 authorization cards , all dated in March, and all bearing the
names of employees listed on the Company 's pay roll of March 26, 1946. There are ap-
proximately 165 employees in the appropriate unit
The Company contends that the statement of the Field Examiner has no probative
value because the Field Examiner was not present at the hearing as a witness and could
not be cross-examined , and thus there is no proof that the C L O.'s showing is adequate.
We find that the Company ' s contention is without merit . As we have frequently stated,
the submission of cards is an administrative expedient adopted by the Board to determine
for itself whether further proceedings are warranted , We are satisfied that the C I. O's
showing is substantial . See Matter of Buffalo Arms Corporation, 57 N. L. R. B 1560.
The Trial Examiner properly denied the application of the Company for subpoenas
duces tecum , requiring the presence of the Field Examiner who made the statement, the
presence of the C. I. O. and A. F. of L. representatives , and, in general , the production of
all membership books, records, and papers of the C . I. O. and A. F. of L. See Matter of
Harry Manaster d Bro., and United Packers, inc., 60 N. L. R. B. 979.
LINDLEY BOX & PAPER COMPANY
IV. THE APPROPRIATE UNIT
1233
The parties agree and we find that all production and maintenance
employees of the Company at its Marion, Indiana, plant, excluding
executive, administrative, professional, office and clerical employees,
and excluding all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action,3 constitute a unit
appropriate for the purposes of collective bargaining within.the mean-
ing 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 an election by secret ballot among 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.
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 Rela-
tions 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 Lindley Box &
Paper Company, Division of Morris Paper Mills, Marion, 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 Eleventh
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among employees in the unit found appropri-
ate 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 they desire to
be represented by United Paper Workers of America, C. I. 0., or by
international Brotherhood of Pulp, Sulphite & Paper Mill Workers,
A. F. of L., for the purposes of collective bargaining, or by neither.
3 The parties agree to the exclusion of Sedgewick Amos, Earl Bayless, Archie Durnil,
Everett Owings, R. A. Stambaugh, Nellie Way, and Oscar Weaver All are supervisory
employees within the meaning of our customary definition.
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