Rex Paper Co.

National Labor Relations Board - Board Decisions

Apr 28, 1949

83 N.L.R.B. 265 (N.L.R.B. 1949)

In the Matter of REX PAPER COMPANY, EMPLOYER and INTERNATIONAL
BROTHERHOOD OF FIREMEN AND OILERS , LOCAL #78, A. F. L., PETI-
TIONER
Cage No. 7-RC-354.-Decided April 28; 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Cecil Pearl,
a hearing officer of the National Labor Relations- Board. The hearing
officer's rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Houston, Reynolds, and
Murdock]'.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner, and United Paper Workers of America, Local
#1028, CIO, herein called the Intervenor, are labor organizations
claiming to represent certain employees of the Employer.
3. A question of representation exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit :
The Petitioner seeks to sever from the existing, production and
maintenance unit, all power plant and plant maintenance, employees
at the, Employer's :Kalamazoo, Michigan, paper manufacturing plant,
excluding supervisors. In the alternative, the Petitioner request's
that the unit be confined to power, plant employees. The Intervenor
contends that the .Petitioner's primary unit is inherently inappropriL
ate and that-,. in any, event, the collective bargaining- history. on w
plant-wide basis precludes the severance of a narrower unit. The
Employer takes,a neutral position.
' The Intervenor has-represented, under contract with the Employer, all of the employees
at the plant since 1945 . The most recent contract was terminated in October 1948.
83 N. L. R. B., No. 33.
265
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The power plant employees, consisting of operating engineers, fire-
men, a crane operator, and a helper, are separately housed 2 in a struc-
ture adjoining the main building and are separately supervised by the
chief engineer. - They work on a three-shift basis around the clock
and spend substantially all their time performing the customary-
powerhouse duties.
The plant maintenance employees, consisting of millwrights, mill-
wright helpers, a pipe fitter, 'a painter', and an oiler, are under the
separate supervision of the master mechanic and also have their own
quarters. However, the. maintenance shop is located about 10 feet
from the power plant proper and connected thereto by passageway.
Essentially, the maintenance employees work throughout the plant
repairing production machinery and equipment. They also assist in
major repairs within the power plant. These employees work on a;
single day-time shift. On the other • shifts, while the maintenance
employees are off duty, the engineer on watch may be called upon to
perform small repair jobs on the production machinery. It was esti-
mated, however, that only about 40 hours in the entire year are devoted
by operatilg engineers to such repair work.
There is no apprentice training program at the Employer's plant
with respect to either the power plant or the maintenance employees.
The testimony indicates, however, that both of these groups are com-
posed of skilled employees.
It is clear that the power plant and the maintenance employees
sought to be represented by the Petitioner in a single unit in fact com-
prise two distinct departments engaged in different functions and
employing different skills. Thus, the unit sought is neither pure craft
nor departlental. The common interests and conditions of employ-
ment adverted to by the Petitioner in support of its contention that
these two departments may be joined in a bargaining unit are not
sufficient to warrant the severance of such a unit. Nor are we per-
suaded by the testimony that this type of unit is prevalent among :
numerous paper manufacturing companies in the area, in view of the
fact that these units have been established by consent of the parties.
We find, therefore, that the requested unit of power plant and plant
maintenance employees is inappropriate.e However, the unit alter-
natively proposed by the Petitioner may be appropriate, as it conforms
Certain of the engines and equipment maintained by the power plant employees are
located at different points in the main building and are , therefore, regularly visited by
these employees.
a Cf. Matter of Southern Paperboard, Corporation, 80 N. L. R. B. 1456.
REX PAPER COMPANY 267
with our policy, of permitting severance of the unit confined to power-
house employees .4
Accordingly, we find that all power plant employees at the Employ-
er's Kalamazoo, Michigan, plant, excluding supervisors, may constitute,
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
However, we shall make no final unit determination at this time,
but shall be guided in part by the_ desires, of these employees as
expressed in the election hereinafter directed. If a majority vote
for the Petitioner, they will be taken to have indicated their desire to
constitute a separate appropriate unit.
DIRECTION OF ELECTION 5
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and su-
pervision of the Regional Director for the Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, as amended, among
the employees described in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
they desire to be represented, for purposes of collective bargaining, by
International Brotherhood of Firemen and Oilers, Local #78, A. F. L.,
or by United Paper Workers of America, Local 1028, CIO, or by
neither.
4 See, e. g., Matter of Worthy Paper Company Association, 80 N. L. R. B, 19 , and cases
cited therein.
Any participant in the election herein may, upon its prompt request to, and approval
thereof by, the Regional Director have its name removed from the ballot.