Plough, Inc.

National Labor Relations Board - Board Decisions

Nov 15, 1945

64 N.L.R.B. 850 (N.L.R.B. 1945)

In the Matter Of PLOUGH, INC. and UNITED GAS, CORE AND CHEMICAL
WORKERS, C. I. O.
Case No . 15-R-1381.-Decided November 15,1945
Mr. Clarence Clifton, of Memphis, Tenn., for the Company.
Messrs. TV. A. Copeland, Paul Tollison, and R. H. Routon, of Mem-
phis, Tenn., for the C. I. O.
Mr. R. F. Brown, of Memphis, Tenn., for the A. F. L.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Gas, Coke and Chemical
Workers, C. I. O. herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Plough, Inc., Memphis, Tennessee, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before T. Lowry Whittaker, Trial Exam-
iner. The hearing was held at Memphis, Tennessee, on July 26, 1945.
At the commencement of the hearing, the Trial Examiner granted a
written motion to intervene made by the Allied Printing Trades
Unions, herein called the A. F. L.' The Company, the C. I. 0., and
the A. F. L. appeared, participated, and were afforded full opportunity
to be heard , to examine 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
'The A. F. L. intervened on behalf of its constituent unions , Memphis Printing Press-
men's and Assistants ' Union No. 13 . subordinate to International Printing Pressmen's
and Assistants ' Union of North America, A. F . L. ; International Brotherhood of Book-
binders, Local Union No 172 , A. F. L.; Memphis Typographical Union No . 11, subordinate
to International Typographical Union , A. F. L ; and Memphis Corrugated and Folding Box
Workers Union No. 384, subordinate to International Printing Pressmen ' s and Assistants'
Union of North 'America, A . F. L., herein called the Box workers.
64 N. L. R. B., No. 145
850
PLOUGH, INC.
FINDINGS OF FACT
1. THE 13USINESS OF THE COMPANY
851
Plough, Inc., a Delaware corporation, has its principal office and
place of business at Memphis, Tennessee, where it manufactures drugs
and cosmetics at two plants, located at 705-735 South Fifth Street
and Second and Gayoso Streets. The Company also maintains a ship-
ping plant at 491 South Main Street. The box and printing depart-
ments at the South Fifth Street plant are involved in this proceeding.
The Company annually purchases raw materials valued in excess of
$1,000,000, the greater part of which is shipped to the Company's
plants from points outside the State of Tennessee. Approximately
90 percent of the Company's finished products is transported to points
outside the State of Tennessee.
For the purposes of this proceeding the Company admits that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act.
H. THE ORGANIZATIONS INVOLVED
United Gas, Coke and Chemical Workers, affiliated with the Coi1-
gress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
The Allied Printing Trades Unions, affiliated with the American
Federation of Labor; is a labor organization admitting to membership
employees of the Company.
111. Ti1R QUESTION CONCERNING REPRESENTATION
For many years the Company has been bargaining with certain con-
stituents of the A. F. L. as the representatives of the skilled employees
in the printing and box departments.2 The bargaining relationship
between the Company and these unions, however, has been based on
oral contracts; 3 these agreements were reduced to writing in 1944, but
were not sighed by the Company and the contracting unions. The
record is not clear as to the date on which the Company recognized the
Box Workers as bargaining agent for the unskilled and the semi-
skilled employees in the box and printing departments 4 However,
it appears that the Company and the Union entered into an oral con-
2 All constituents mentioned in footnote 1, supra, except the Box Workers.
8 The terms of these oral contracts conformed to those of the contracts between the
A. F. L and several companies at Memphis, designated as the "Employing Printers." The
Company is not a member of this association of employers.
* The Company ' s comptroller testified that the Company had recognized the Box Workers
in oral contracts and bargained with It as agent for the unskilled and semi-skilled employees
in the two departments for several years. The Company's attorney and the A. F. L.'s
representative stated, however , that the Company recognized the Box Workers about
September 29, 1944. The Board in an earlier case involving the Company, decided
852 1 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tract in 1944 which was reduced to writing about June 26, 1945; this
agreement was never signed by either party due to the filing of the
petition in the instant proceeding.
On May 14, 1945, the C. I. 0., by letter, informed the Company that
it was filing with the Board a petition for investigation and certifica-
tion of representatives of unskilled and semi-skilled employees in
the box department.' This petition was filed on May 15, 1945. At
a conference subsequent to that date, between the Company, the
C. I. O. and a Board agent, the Company stated that it could not
recognize the C. I. O. because of its agreement with the Box Workers.
Inasmuch as the Company's contract with the Box Workers is
unsigned, we do not agree with the Company's contention that it con-
stitutes a bar to this proceeding.1'
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. O. represents a substantial number
of employees in the unit hereinafter found 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 C. I. O. contends that a unit of unskilled and semi-skilled em-
ployees in the box department of the Company's South Fifth Street
plant is appropriate . The Company and the A. F. L., however, urge
the creation of a unit of unskilled and semi -skilled employees in both
December 11, 1944 ( 59 N. L. R. B. 840 ), in accordance with a stipulation of the parties,
excluded the employees in the printing and box departments from a company -wide unit.
In a footnote , the Board stated that these employees "are represented by the (A. F. L )
and presently bargain with their employer through this labor organization."
° On March 15 , 1945, Paperworkers Industrial Union , No. 1220, C. I . 0., notified the
Company of its claim to represent a majority of the employees in the box department and
requested recognition by the Company . On April 9 , 1945 , it filed a petition with the Board
which was later withdrawn to permit the filing of a new petition by the C. I 0 The
C. I. O. presently represents "all employees at the Company 's South Fifth Street plant.
excluding office and clerical employees , maintenance mechanics , employees in the printing
and box departments , and all supervisory employees . ," the unit established by the
Board in an earlier proceeding ( see footnote 4, 8upra).
° See Matter of Eicor, Inc, 46 N. L. R. B. 1035.
x The Field Examiner reported that the C. I. O. submitted 19 authorization cards of
employees in the box department and that the names of 17 persons appearing on the cards
were listed on the Company ' s pay roll of April 10 , 1945, which contained the names of
43 employees in the box department ; that the A. F. L. submitted 14 authorization cards
of employees in the box department and 49 authorization cards of employees in the box
and printing departments combined , and that the names of 49 persons appearing oil the
cards were listed on the aforesaid pay roll which contained the names of 91 persons in the
box and printing departments . The record reveals, however, that only 3 employees in
the box department are alleged by the A. F. L. to constitute part of the appropriate unit
It appears that the other 45 printing department employees are skilled men, many of
whom are represented by the other members of the A. P L, and that authorization cards
for these men were submitted from the printing department along with cards for thq
unskilled and semi -skilled employees whose bargaining rights are involved in the instant
proceeding.
PLOUGH, INC. 853
the box and printing departments; specifically, they seek to include 3
employees from the printing department, namely, the laborer, the
porter and laborer, and the stock handler. The C. I. O.'s representa-
tive stated at the hearing that should the Board find that unskilled
and semi-skilled employees in the printing and box departments ap-
propriately constitute a single unit, these three employees from the
printing department should be included. The C. I. O. does not seek
to represent any skilled employees in either department. a
The Company's plant at South Fifth Street consists of 2 complete
buildings separated by an alley. The box department, employing about
70 men, is located in one building and the printing department, with
approximately 48 employees, is located in the other building. While
normally all cartons are made and printed in the box department and
all labels and folders are prepared in the printing department, the
available labor and machine presently determine which department
will perform the printing job. Due to the increase in work, during
the past year each department has performed work usually allocated
to the other. Although each department is separately supervised, each
superintendent is responsible to the general manager whose office cares
for the accounting, secretarial work, and pay roll of both departments.
The pay day, the working hours, and the wage levels are identical in
the 2 departments. While there is little permanent exchange of
employees between the 2 departments, exchange on a temporary basis
often occurs, especially among unskilled employees. The 2 depart-
ments are serviced by the same (maintenance employees and they use
the same) warehouse. In a prior case involving the Company,' the
Board excluded employees in the printing and box departments from
the unit of all the Company's employees at the plant. Under its oral
contract with the Company, the Box Workers represented unskilled
and semi-skilled employees in both departments. In view of all the
foregoing facts, we conclude that the semi-skilled and unskilled
workers of the box and printing departments compose a single, appro-
priate unit.
We find that all stock handlers, strippers, glue machine operators
and inspectors, Stokes and Smith machine operators and inspectors,
assemblers, stitcher, guard machine operator, and hand workers in the
box department of the Company's plant at 705-735 South Fifth Street,
Memphis, Tennessee; and the laborer, the porter and laborer, and the
stock handler in the printing department of that plant; excluding the
die maker, pressmen, apprentice pressmen, and the working foreman
of the box department, all employees of the printing department not
specifically included, all office workers, and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
8 See footnote 4, supra.
854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 DF.TERMINATION OF REPRESENTATIVES
We shall direct that the question concerning the representation which
has, arisen be resolved by an election by secret ballot among the em-
ployees 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.9
DIRECTION OF ELECTION
By virtue of and pursuant to the power invested 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 Plough, Inc.,
Memphis, Tennessee, an election by secret ballot shall be conducted as
early as possible, but not later than sixty (60) days from the date of
Direction, under the direction and supervision of the Regional Director
for the Fifteenth Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Sections 10
and 11, of said Rules and Regulations, among the employees in the
unit found appropriate 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 em-
ployees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to de-
termine whether they desire to be represented by United Gas, Coke and
Chemical Workers, C. I. 0., or by Memphis Corrugated and Folding
Box Workers Union No. 384, subordinate to International Printing
Pressmen's and Assistants' Union of North America, A. F. L., for the
purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
Since It appears that the Box Workers Is the A. F. L. constituent directly concerned
herein, we shall place it on the ballot with the C. I. 0.