Mosinee Paper Mills Co.

National Labor Relations Board - Board Decisions

Mar 23, 1936

1 N.L.R.B. 393 (N.L.R.B. 1936)

In the Matter of MOSINEE PAPER MILLS COMPANY and INTERNA-
TIONAL BROTHERHOOD OF PAPER MAKERS and INTERNATIONAL
BROTHERHOOD OF PULP, SULPHITE AND PAPER MILL WORKERS
Case No. R-19
DIRECTION FOR ELECTION
March 23, 1936
The National Labor Relations Board, having found that a ques-
tion affecting commerce has arisen concerning the representation of
the employees in the production and maintenance departments of the
Mosinee Paper Mills Company, Mosinee, Wisconsin, and that said
employees constitute two separate and distinct units appropriate
for the purposes of collective bargaining, as hereinafter set forth,
within the meaning of Section 9 (b) of the National Labor Relations
Act, and acting pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of said Act, and pursuant to Ar-
ticle III, Section 8 of National Labor Relations Board Rules and
Regulations-Series 1, hereby
DIREors that as part, of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with the Mosinee Paper Mills Company, elections by secret ballot
shall be conducted within a period of ten days after the production
by the Mosinee Paper Mills Company of its payroll lists in accord-
ance with the subpoena issued by the Board on March 23, 1936, under
the direction and supervision of the Regional Director for the
Twelfth Region, acting in this matter as the agent of the National
Labor Relations Board and subject to Article III, Section 9 of said
Rules and Regulations-Series 1,
(1) among the employees engaged in the paper making depart-
ments (including beater room, machine room, paper testing, and
finishing room including loaders) of the Mosinee Paper Mills Com-
pany on February 15, 1936, and those employed between that date
and the date of this Direction for Election in the paper making de-
partments, excepting laboratory chemists, shipping clerks, foremen,
supervisory and clerical employees, but not excepting the tour bosses,
Fahrner and Brose, and those who quit or have been discharged for
cause during such period, to determine whether or not they desire to
393
394 NATIONAL LABOR RELATIONS BOARD
be represented by the International Brotherhood of Paper Makers;
and
(2) among the remainder of the employees of the Mosinee Paper
Mills Company engaged in the production and maintenance depart-
ments (including the yard, woodroom, sulphite plant, digesters,
washers, electricians, mechanics, engineers other than beater engi-
neers, janitors, swipers and sweepers, and cleaners in the mill), on
February 15, 1936, and those employed between that date and the
date of this Direction for Election in said departments, excepting
time keepers, clerical employees, and foremen and other supervisory
employees, but not excepting leaders, and those who quit or have
been discharged for cause during such period, to determine whether
or not they desire to be represented by the International Brother-
hood of Pulp, Sulphite and Paper Mill Workers.
Ma. SMITH took no part in the consideration of the above Direction
for Election.
[SAME TITLE ]
AMENDED DIRECTION FOR ELECTION
March 26, 1936
The National Labor Relations Board, having found that a ques-
tion affecting commerce has arisen concerning the representation of
the employees in the production and maintenance departments of the
Mosinee Paper Mills Company, Mosinee, Wisconsin, and that said
employees constitute two separate and distinct units appropriate for
the purposes of collective bargaining, as hereinafter set forth, within
the meaning of Section 9 (b) of the National Labor Relations Act,
and acting pursuant to the power vested in the National Labor Rela-
tions Board by Section 9 (c) of said Act, and pursuant to Article
III, Section 8 of National Labor Relations Board Rules and Regu-
lations-Series 1, hereby
DIRECTS that as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargain-
ing with the Mosinee Paper Mills Company, elections by secret bal-
lot shall be conducted within a period of ten days after the produc-
tion by the Mosinee Paper Mills Company of its payroll lists in
accordance with the subpoena issued by the Board on March 26,
1936, under the direction and supervision of Leonard C. Bajork,
acting in this matter as the agent of the National Labor Relations
Board and subject to Article III, Section 9 of said Rules and Regu-
lations-Series 1,
DECISIONS AND ORDERS 395
(1) among the employees engaged in the paper making depart-
ments (including beater room, machine room, paper testing, and fin-
ishing room including loaders) of the Mosinee Paper Mills Company
on February 15, 1936, and those employed between that date and
the date of this Amended Direction for Election in the paper making
departments, excepting laboratory chemists, shipping clerks, foremen,
supervisory and clerical employees, but not excepting the tour bosses,
Fahrner and Brose, and those who quit or have been discharged for
cause during such period, to determine whether or not they desire to
be represented by the International Brotherhood of Paper Makers;
and
(2) among the remainder of the employees of the Mosinee Paper
Mills Company engaged in the production and maintenance depart-
ments (including the yard, woodroom, sulphite plant, digesters,
washers, electricians, mechanics, engineers other than beater engi-
neers, janitors, swipers and sweepers, and cleaners in the mill), on
February 15, 1936, and those employed between that date and the date
of this Amended Direction for Election in said departments, except-
ing time keepers, clerical employees, and foremen and other super-
visory employees, but not excepting leaders, and those who quit or
have been discharged for cause during such period, to determine
whether or not they desire to be represented by the International
Brotherhood of Pulp, Sulphite and Paper Mill Workers.
Mx. SMITH took no part in the consideration of the above Amended
Direction for Election.
[SAME TITLE]
Decision , May 1, 19.36
Paper Indust y-Unit Appropriate for Collective Bargaining: eligibility for
membership in only organization making bona fide effort at collective bargain-
ing; history of collective bargaining relations; organization of business-Elec-
tion Ordered : question affecting commerce : confusion and unrest among em-
ployees-controversy concerning representation of employees : majority status
disputed by employer-Certification of Representatives.
Mr. Robert Rissman for the Board.
Ryan, Schmidt d3 Ruder, by Mr. George L. Ruder, of Wausau, Wis.,
for the Company.
Mr. Joseph Rosen f arb, of counsel to the Board.
DECISION AND CERTIFICATION OF REPRESENTATIVES
STATEMENT OF CASE
On January 11, 1936, International Brotherhood of Paper Makers,
hereinafter called the paper makers union, and International Brother-
396 NATION4L LABOR RELATIONS BOARD
hood of Pulp, Sulphite and Paper Mill Workers, hereinafter
called the pulp and sulphite union, each filed with the Regional
Director for the Twelfth Region a petition for investigation
and certification of representatives of the paper making employees
and the pulp, and sulphite employees, respectively, of the Mosinee
Paper Mills Company, Mosinee, Wisconsin, hereinafter called
the company. On February 10, 1936, pursuant to Article III,
Section 11 (c) of National Labor Relations Board Rules and Regula-
tions-Series 1, the proceedings pursuant to the two petitions were
transferred to the National Labor Relations Board and were there-
after consolidated by order of the Board.
On February 14, 1936 a notice of hearing was issued and duly
served, and a hearing was held on February 26, 1936, before Robert
M.- Gates, a Trial Examiner duly designated by the Board. The
company made a special appearance through counsel for the sole
purpose of objecting to the jurisdiction of the Board on constitutional
grounds, and no evidence was introduced in its behalf. The objection
of the company to the jurisdiction of the Board is hereby overruled.
After examining the record in the case, the Board concluded that
a question affecting commerce had arisen concerning the representa-
tion of the employees of the company, and on the basis of such con-
clusion, and acting pursuant to Article III, Section 8 of said Rules
and Regulations-Series 1, issued a Direction for Election (March
23, 1936) in which it was found that said employees constitute two
separate and distinct units appropriate for the purposes of collective
bargaining. On March 26, 1936, the Board issued an Amended Direc-
tion for Election, designating Leonard C. Bajork as its agent to con-
duct the election instead of the Regional Director for the Twelfth
Region. Merely for the purpose of expediting the election and thus
to insure to the employees of the company the full benefit of their
right to collective bargaining as early as possible, the Board directed
the election without at the same time issuing a decision embodying
complete findings of fact and conclusions of law.
The election was conducted on April 9, 1936, at Mosinee, Wiscon-
sin. Pursuant to Article III, Section 9 of said Rules and Regula-
tions-Series 1, an Intermediate Report upon the election was subse-
quently prepared by Leonard C. Bajork, who conducted the election
as agent of the Board, and duly served upon the parties. The Inter-
mediate Report found that the paper makers union and the pulp and
sulphite union had been selected by a majority of the employees in
their respective bargaining units. No objections to the ballot or to
the Intermediate Report were filed by the parties.
Upon the record of the case, the stenographic report of the hearing,
and all the evidence, including oral testimony, documentary and other
evidence offered and received at the hearing, the Board makes the
following :
DECISIONS AND ORDERS
FINDINGS OF FACT
I. THE COMPANY AND ITS BUSINESS
397
The Mosinee Paper Mills Company is a corporation duly organized
and. existing under the laws of the State of Wisconsin, with its prin-
cipal office and place of business located at Mosinee, Wisconsin, where
it owns and operates a paper mill. It employs about 450 persons, in-
cluding the office and supervisory staffs, of whom there are about 50.
It also owns the Bay West Paper Company, and operates the mill
of that company at Green Bay, Wisconsin.
The company in its mill at Mosinee is engaged in the manufacture
of paper through all the processes involved in paper making. The
raw materials it uses consist mainly of pulpwood, lime and cake salt.
Practically all of the lime and cake salt used by the company is ob-
tained from points outside of the State of Wisconsin. Part of the
pulpwood is shipped from points in the State of Wisconsin, and part
from points outside the State of Wisconsin. About half of the coal
consumed at the mill is obtained in the State of Wisconsin, and about
half outside of the State.
Practically all of the company's finished product is kraft paper,
which is used as wrapping paper or in the making of paper articles
such as paper bags. A very small portion of the shipments from
the Mosinee mill is in the form of pulp which is destined to paper
mills which specialize in paper making. About 60% of the finished
product of the plant is shipped for further processing to converting
mills which make paper articles. Such a converting mill is the mill
of the Bay West Paper Company at Green Bay, Wisconsin, which
receives about 10% of the total shipments of the Mosinee plant.
The shipments to the Green Bay mill constitute the greater part
of the intrastate shipments from the Mosinee mill of the company.
The average total monthly shipments from the Mosinee mill is
upwards of 3,800 tons. By far the greater part of these shipments
goes outside the State of Wisconsin. The distributing agencies of
the company are located all over the United States.
The shipment's to and from the mill are by railroad. The loading
and unloading is done on the private tracks of the company in the
yard of the mill.
All of the aforesaid constitute a continuous flow of trade, traffic
and commerce among the several States.
II. THE UNIONS AND THEIR ATTEMPTS TO BARGAIN COLLECTIVELY
In 1934, both of the unions started to organize the production and
maintenance employees of the company. All employees of the com-
398 NATIONAL LABOR RELATIONS BOARD
pany engaged in paper making, with the exception of the clerical
and supervisory staffs, are eligible to join the paper makers union.
The remainder of the production and maintenance employees are
eligible to join the pulp and sulphite union. Both unions are labor
organizations affiliated with the American Federation of Labor.
After the organization of the unions among the employees of the
company Several attempts were made by their representatives to be
recognized by the management of the company as the sole collective
bargaining representatives for the employees of their respective bar-
gaining units, but without success. Finally, through the intervention
of the Regional Director for the Twelfth Region, a meeting was
held on November 25, 1935 between the management of the company
and representatives of the unions at which the representatives pre-
sented formal requests for recognition of the unions as exclusive col-
lective bargaining representatives of the employees in their respective
bargaining units.
A reply to this request was made in the form of identical letters
to each union dated December 10, 1935 and signed by N. S. Stone,
Secretary and General Manager of the company. These letters in
effect refused the request on the ground of the alleged doubt as to
the validity of the law pertaining to collective bargaining. This
attitude has been maintained by the company in subsequent nego-
tiations with the unions and was reiterated by N. S. Stone at the
hearing in this case.
Also, Stone testified that he did not think the unions represented
a majority of the employees of their respective units. On behalf
of the paper makers union it was testified that about 85% of the
paper making workers belong to it. A somewhat smaller percentage
but still a substantial majority of the employees of its unit was
claimed for the pulp and sulphite union.
III. THE MILL COUNCIL
Contemporaneously with the organization of the unions among the
employees of the company, a so-called Mill Council Plan was inaugu-
rated under the guidance and inspiration of the management of the
company.
The mill was shut down by the management in order to enable
the employees to attend the organization meeting of the Council. One
representative from each department of the company was elected to
a Mill Council (also called the Departmental Representatives Coin-
mittee) which was supposed to act as the bargaining representative of
the employees. Except for one or two organization meetings at the
beginning, the Council has not called any general meeting of the
DECISIONS AND ORDERS 399
employees. Although the representatives to the Council were elected
for one year only they have continued in office for a longer period
without another election being held. N o dues are paid to the Council.
Immediately upon the organization of the Council an increase of
6¢ per hour was granted to the employees by the company. How-
ever, since that time, the Council has not negotiated with the man-
agement on the subject of wages and hours, although in September
of 1935 the management reduced the wages and increased the hours
of labor. Only such matters as repairs of machinery and toilet fa-
cilities are taken up by the Council with the management. The chair-
man of the Council testified that the Council has not negotiated con-
cerning wages and hours because the employees have not made any
request that it do so, and that they have not made such a request
because they wish to be represented by the unions rather than by the
Council.'
The Board concludes that a question concerning the representation
of the employees of the company has arisen.
'IV. THE APPROPRIATE UNITS
The company's mill, like other units in the industry, is divided
into two more or less distinct parts. One consists of the treatment
of raw material as far as it is in the condition of pulped cellulose
half-stuff, ready for the paper making operation proper. The
other consists of the transformation of the pulped cellulose slurry
thus formed into paper by the paper making process proper. Tra-
ditionally the organization of workers in paper mills has followed
these distinct divisions, and they are followed by the unions with
respect to their jurisdictions. The same situation obtains in the
company's mill and there is no conflict between the unions as to
jurisdiction.
.There are, therefore, two separate units appropriate for the pur-
poses of collective bargaining, composed of:
(1) the employees engaged in the paper making departments
(including beater room, machine room, paper testing, and finishing
room including loaders), excepting laboratory chemists, shipping
clerks, foremen, supervisory and clerical employees, but not excepting
the tour bosses, Fahrner and Brose; and
(2) the remainder of the employees engaged in the production and
maintenance departments (including the yard, woodroom, sulphite
plant, digesters, washers, electricians, mechanics, engineers other
1 Neither union objected to the Council as a labor organization in connection with which
the company had engaged in unfair labor practices , within the meaning of Section 8,
subdivision ( 2) of the Act . Consequently , the Council was given a place on the ballot
in the election conducted on April 9, 1936.
400 NATIONAL LABOR RELATIONS BOARD
than beater engineers , janitors, swipers and sweepers , and cleaners
in the mill ), excepting time keepers , clerical employees , and foremen
. and other supervisory employees, but not excepting leaders.
V. THE EFFECT OF TIIE QUESTION OF REPRESENTATION ON COMMERCE
The question of representation which has arisen has caused con-
fusion, uneasiness and unrest among the employees of the company,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
CONCLUSIONS OF LAW
Upon the basis of the above findings, the following conclusions of
law are made by the Board:
1. A question affecting commerce has arisen concerning the repre-
sentation of the employees of the Mosinee Paper Mills Company,
within the meaning of Section 9 (c) and Section 2, subdivisions
( 6) and ( 7) of the National Labor Relations Act.
2. The following constitute two separate and distinct units appro-
priate for the purposes of collective bargaining , within the meaning
of Section 9 (b) of the National Labor Relations Act:
(1) the employees of the company engaged in the paper making
departments ( including beater room, machine room, paper testing,
and finishing room including loaders ), excepting laboratory chemists,
shipping clerks, foremen , supervisory and clerical employees, but
not excepting the tour bosses, Fahrner and Brose; and
(2) the remainder of the employees of the company engaged in
the production and maintenance departments ( including the yard,
woodroom , sulphite plant , digesters , washers, electricians, mechanics,
engineers other than beater engineers , janitors, swipers and sweepers,
and cleaners in the mill ), excepting time keepers , clerical employees,
and foremen and other supervisory employees , but not excepting
leaders.
CERTIFICATION OF REPRESENTATIVES
Petitions for certification of representatives having been duly filed,
and an investigation and hearing having been duly authorized and
conducted , and an election by secret ballot having been conducted
on April 9, 1936, among the production and maintenance employees
of the Mosinee,Paper Mills Company , located at Mosinee, Wisconsin,
pursuant to the National Labor Relations Board's Amended Direc-
tion for Election dated March 26, 1936, and an Intermediate Report
upon the secret ballot finding that International Brotherhood of
DECISIONS AND ORDERS 401
Paper Makers and International Brotherhood of Pulp, Sulphite and
Paper Mill Workers had been selected by a majority of the employees
in the respective bargaining units, having been prepared by Leonard
C. Bajork, the agent of the Board designated to conduct the election,
and duly served upon the parties, and no objections to the ballot and
to the Intermediate Report having been filed with the Boaid by the
pax ties pursuant to Article III, Section 9 of National Labor Relations
Board Rules and Regulations-Series 1,
THEREFORE, 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, approved July 5, 1935, and pursuant to Article
III, Section 8 of National Labor Relations Board Rules and Regu-
lations-Series 1,
IT IS HEREBY CERTIFIED THAT
1. International Brotherhood of Paper Makers has been selected
by a majority of the employees of the Mosinee Paper Mills Com-
pany engaged in the paper making departments (including beater
room, machine room, paper testing, and finishing room including
loaders), excepting laboratory chemists,. shipping clerks, foremen,
supervisory and clerical employees, but not ,excepting the tour-bosses,
Fahrner and Brose, as their representative for the purposes of col-
lective bargaining, and that pursuant to the provisions of Section
9 (a) of said Act, International Brotherhood of Paper Makers is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment and other. conditions of employment; and
2. International Brotherhood of Pulp, Sulphite and Paper Mill
Workers has been selected by a majority of the remainder of the
employees of the Mosinee Paper Mills Company engaged in the
production and maintenance departments (including the yard, wood-
room, sulphite plant, digesters, washers, electricians, mechanics, engi-
neers other than beater engineers, janitors, swipers and sweepers,
and cleaners in the mill), excepting time keepers, clerical employees,
and foremen and other supervisory employees, but not excepting
leaders, as their representative for the purposes of collective bargain-
ing, and that pursuant to the provisions of Section 9 (a) of said Act,
International Brotherhood of Pulp, Sulphite and Paper Mill Workers
is the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment and other conditions of employment.