Robert Gair Co., Inc.

National Labor Relations Board - Board Decisions

Feb 29, 1944

55 N.L.R.B. 184 (N.L.R.B. 1944)

In the Matter Of ROBERT GAIR COMPANY, INC., NATICK BOX AND BOARD
Divisiow and INTERNATIONAL PRINTING PRESSMEN AND ASSISTANTS'
UNION of NORTH AMERICA (AFL)
Case No. 1-B-1699.Decided February 29, 1944
Rathbone, Perry, Kelley, and Drye, by Mr. Roderick T. Clark, of
New York City, for the Company.
Mr. Anthony J. DeAndrade, of Boston, Mass., for the Pressmen.
Mr. Bernard Cushman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Printing Pressmen and
Assistants' Union of North America (AFL), herein called the Press-
men, alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Robert Gair Company, Inc.,
Natick Box and Board Division, herein called the Company,2 the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Thomas H. Ramsey, Trial Examiner. Said
hearing was held at Boston, Massachusetts, on January 21, 1944. The
Company and the Pressmen 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.
'Incorrectly described .in the petition as Robert Gair Company, Inc., and corrected by
notion granted without objection at the hearing to read as set forth in',the above caption.
2 In the petition both the Company and Natick Box and Board Company, also referred
to in the record as Natick Box and Board Company, Inc., were named as employers. Sub-
sequent to the filing of the petition and prior to the hearing, the Natick Box and Board
Company sold the plant in question here to the Company. The Trial Examiner reserved
decision for the Board on a motion made at the hearing to dismiss the petition insofar as
it names Natick Box and Board Company as an employer. No objection was made to the
motion. It is hereby granted.
55 N. L. R. B., No. 30.
184
•
ROBERT GAIR COMPANY, INC. 185
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS,OF THE COMPANY
Robert Gair Company, Inc., is a corporation organized and exist-
ing under the laws of the State of Delaware. It operates a plant in
Natick, Massachusetts, known as the Natick Box and Board Division
of Robert Gair Company, -Inc. This plant is the only plant involved
in this'proceeding. At its Natick plant the Company operates both
a box shop and a board mill.
The principal raw material used in the Company's box shop consists
of paper, board. , During the 6-month period ending November. 30,
1943, the Company purchased raw materials within the State of Massa-
chusetts to a value of $175,383, and during the same period purchased
raw materials outside the State of Massachusetts to a value of $2,447.
During the same period the Company sold finished products within
the State of Massachusetts to a value of $185,167 and during the. same
period sold finished products -outside the State of Massachusetts to a
value of $36,830.
The principal raw material used by the Company at its board mill
consists of waste paper. During the same period above mentioned,
the Company purchased within the State, of Massachusetts, waste
paper,and otherimaterials to a value of $181,186, and purchased waste
paper and other materials from without the State of Massachusetts,
to a value of $10,228.
The finished product of the board mill • consists of paper board.
During, the period above referred to the Company sold paper board
within ,the State of Massachusetts to a value of approximately $332,-
978. During the same period the Company sold paper board outside
the State of Massachusetts to a value of $33,594.
The Company also operates 14 plants located at Brooklyn,,New
York;' Philadelphia, Pennsylvania; Piermont, New York; Portland,
Connecticut; New London, Connecticut; Haverhill, Connecticut;
Holyoke, Massachusetts; Newton Upper Falls, Massachusetts; Utica,
New York; Syracuse, New York; Tonawanda, New York; North
Tonawanda, New York; and Cleveland, Ohio (two plants).3 The
Board recently found that a wholly owned subsidiary of the Company
was engaged in commerce at the Bogota, New Jersey, plant .4 The
a The Board so found in Matter of Gair Bogota Corrugated and Fibre Corp., 54 N. L.
R B. 1170.
4 See 'footnote 3, supra
i
186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board has also found that at the Tonawanda plant, the Company was
engaged in commerce within the meaning of the Act.5
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Printing Pressmen and Assistants' Union of North
America, is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Sometime prior to December 1, 1943, the Company received notice
from the Pressmen to the effect that the Pressmen had requested the
Natick Box and Board Company for recognition as the exclusive
bargaining representative of the employees employed in the box shop
of that Company. The Company thereafter advised the National
Labor Relations Board that it desired a determination of the question
of the appropriateness of the unit by the Board.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Pressmen represents a substantial number of
employees in the unit hereinafter found appropriate.6
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 Pressmen requests that the Board find the following unit to be
appropriate : "All box department employees, excluding executives,
non-working supervisors, office and clerical employees." At the Natick
plant, the Company operates a paper mill and a box shop. The Com-
pany contends that the appropriate unit includes the employees at
both the paper mill and the box shop. The paper mill is housed in a
In the Matter of Robert flair Co., Inc. ( Tonawanda Bow Boards Division ), 46 N. L.
R. B. 1102.
GA Field Examiner reported that the Pressmen submitted 37 application for member-
ship cards ; and that the aforesaid application for membership cards were dated as
follows :
December 1943-------------- 1
November 1943-- ------------ 35
Undated____________________ 1
There were 45 employees in the alleged appropriate unit.
The Company objected to the admission of the statement of the Field Examiner in evi-
dence. We have repeatedly indicated the invalidity of such objections . Matter of Amos
Thompson Corporation, 49 N. L. R. B. 423.
ROBERT GAIR COMPANY, INC. 187-.-
separate building which is connected witli the building , in which the
box shop is housed ,by a runway approximately 130 , feet in length.
Paper is brought from the paper mill into the box department for
conversion into boxes , and the runway is used for the transportation
of paper board from the papers mill to the box shop. - At. the, paper
mill paper board is 'manufactured from raw materials . In the box
department , the paper board -is converted into paper boxes . 't'here is
a division manager who is in charge of operations at both buildings.
There is one personnel manager who • is ,in charge of personnel for
all departments in both shops.' The operations of the accounting,
purchasing , and traffic departments cover- both shops . HoNv ever, each
building'^has a separate superintendent . -The operations carried on at
each building are dissimilar in general , and the employees engaged
in these operations are not ordinarily transferred from one depart-
ment to the other. The Pressmen does not admit to membership em-
ployees in the paper mill since these employees are under the juris-
diction of another affiliate of the American Federation - of Labor.
The Pressmen has confined its organizational efforts to employees in
the box department . Since 1936 , the Pressmen has had a contract with
the Company covering employees at the Piermont , Nev,- York, plant,
in a unit identical in substance with that sought here. It further
appears that the Pressmen is,the only labor organization seeking to
organize the box-shop employees . In view of all the circumstances,
we are of the opinion that a unit limited to employees in the box shop
is appropriate , and we so find.
Working foremen.-There are six employees in this classification.
Prior_ to the war these employees did iio manual labor,,but spent all
of their time in supervisory duties . , As the result of the manpower
shortage ,- however, these foremen now spend approximately • 75 per-
cent , of their time in manual , labor. They have the right to recommend
discharge and their recommendations are given weight. The Press-
men desires the inclusion of working - foremen -and the Company con=
tends that - they should be excluded . No evidence was introduced to-
show that foremen had been traditionally included under the coverage
of collective bargaining contracts in the paper box industry. In ac-
cordance with our customary practice , we shall exclude working
foremen.
Truck drivers.-The Company employs two truck drivers who spend
a portion ' of each day working in the plant. The Pressmen desire
their inclusion. The Company takes no position . Since the interests
of the truck drivers are closely related to those of the other employees
in the box department whom we shall include in the unit , we find that
the truck drivers•should likewise be included .
We find that all employees in the box department of the Company,
including truck drivers , but excluding office and clerical employees,
188 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD
working foremen, and any other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect change's in'
the status of employees, or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective bargaining with-
in 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.
It appears' that the Company employs one high school student who
works daily in the box department from 2: 30 to 5 o'clock. We find
that this employee is a regular part -time employee who, in accordance
with our usual practice , is eligible to vote.
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 3, it is hereby
'DIRECTED that, as part of the investigation to ascertain representa-
tides for the purposes of collective bargaining , with Robert Gair Com-
pany, Inc., Natick Box and Board Division , Natick, Massachusetts,
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 First
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 the employees in the unit found appro-
priate 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 any who'have since quit or been dis-
charged for cause and'have not been rehired or reinstated prior to the,
date of the election, to determine whether or not they desire to be
represented by International 'Printing Pressmen and Assistants' Union
of North America , affiliated with theAmerican Federation ' 'of ' Labor,
for the purposes of collective bargaining. '