45 N.L.R.B. 612 (N.L.R.B. 1942)

Rathborne, Hair & Ridgway Co.

National Labor Relations Board - Board DecisionsNov 14, 1942

45 N.L.R.B. 612 (N.L.R.B. 1942)

In the Matter of RATHBORNE , HAIR & ,RIDGWAY COMPANY and WARE- HOUSE AND DISTRIBUTION WORKERS UNION , LOCAL 208, I . L. W. U. AFFILIATED WITH C. I. O. r Case No. R-41124.-Decided November 14,191 Jurisdiction : paper box manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal of Company to accord union recognition until certified by Board ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, excluding office, clerical, and supervisory employees, and outside truck drivers. Winston, Straws cQ Shaw, by Mr. George B. Christensen, of Chi- cago, Ill., for the Company. Mr. David B. Rothstein, of Chicago, Ill., for the Union. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE .Upon,petition duly filed by Warehouse and Distribution Workers Union, Local 208, I. L. W. U., affiliated with the C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning. the representation of employees of Rathborne, Hair & Ridgway Company, Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Richard C. Swander, Trial Examiner. Said hearing was held at Chicago, Illinois, on October 21, 1942. The Com- pany and the Union appeared, participated, and were afforded full opportunity to be, heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues. During the hearing the Company moved that the petition be dismissed on the ground that the Union did not have jurisdiction to organize employees in the box man- ufacturing industry, in which the Company is engaged. The Trial 45 N. L. R. B., No. 91. 612 RATHBONE, -HAIR & RIDGWAY COMPANY 613 Examiner reserved his ruling. The motion is hereby denied.' The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the,following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Rathborne, Hair & Ridgway Company, an Illinois corporation op- erating plants in Chicago, Illinois, and in the States,of Minnesota, Missouri, and Alabama, is engaged in the manufacture of paper boxes, beer cases, and crating and starch.trays. This proceeding is concerned solely with the Company's plant at Chicago, Illinois. The value of the finished products manufactured by the Company in 1941 exceeded $300,000, of which approximately 20 percent was shipped to points outside the State of Illinois. The raw materials used in the manu- facture of the finished products were lumber, wire, bandiron, paper, nails, glue, and ink. The value of the raw materials was in excess of $100,000, of which amount approximately 90 percent was shipped to the Company from points outside the State of Illinois. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. 11. THE ORGANIZATION INVOLVED Warehouse & Distribution Workers Union, Local 208, I. L. W. U., affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION It was stipulated between the parties that on September 28, 1942, the Union claiming to represent a majority of the Company's em- ployees, requested the Company to recognize it as the exclusive representative of its ' employees. Subsequently, in a joint conference between the Union, a Board agent, and the Company, the latter ad- vised all parties that it would not recognize the Union unless and until it had been certified by the Board. A statement of the Regional Director, introduced in evidence at the hearing, indicates the Union represents a substantial number of employees in the unit hereinafter found to be appropriate 2 See Pueblo Gab and Fuel Go. v. N. L. R. B., 118 F. (2d) 304 (C. C. A. 10), enforcing 23 N. L it . B. 1028. 2 The Regional Director 's statement shows that the Union submitted 253 authorization cards , all of which bore apparently genuine original signatures . Of these cards 216 bore 614 DECISIONS OOF NATIONAL LABOR RELATIONS BOARD 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all production and maintenance employees of the Company, excluding office,. clerical, and supervisory employees, and outside truck drivers, constitute a unit appropriate for the purpose of collective bargain- ing 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 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. 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 Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives 'for the purposes of collective bargaining with Rathborne, Hair & Ridgway Company, Chicago, Illinois, 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 Thirteenth Region, act- ing in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 such pay-roll period' because they were ill or on names of persons whose names appear on the Company ' s current pay roll covering a unit of 449 employees as alleged toobe appropriate by the Union . The 216 cards were dated as follows : , 1 in April 1942 ; 2 in May 1942 ; 2 in June 1942 ; 3 in July 1942 ; 2 in August 1942 ; 163 in September 1942; 13 in October 1942; and 30 undated . At the hearing the Union submitted 10 additional authorization cards, all of which appear to bear genuine original signatures , and all of which were dated in October 1942. , , RATHBONE, HAIR & RIDGWAY COMPANY 615 vacation or in the active military service or training of the United States, or temporarily laid off, but excludlnb employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Warehouse and Distribution Work- ers Union, Local 208, I. L. W. U., C. I. 0., for the purposes of col- lective bargaining. MR. WM. M. LEISERSON took no, part in the consideration of the above Decision and Direction of Election.