Senoso Paper Co., Inc.

National Labor Relations Board - Board Decisions

Oct 16, 1945

64 N.L.R.B. 278 (N.L.R.B. 1945)

In the -Matter of SENOSO PAPER COMPAN Y , INc., and PAPER WORKERS
ORGANIZING''Cw%MNIITTEE, C. I. O.
Case No. 3-R-1031.-Decided October 16, 1945
Messrs. Hiscook, Cowie, Bruce, Lee cC Mahenney, by H. Duane
Bruce, Esquire , of Syracuse , N. Y., and Mr. B. W. Gates , of Phoenix,
N. Y., for the Company.
Mr. Fred D. Sandner, of Fulton , N. Y., for the Union.
Mr. Donald B. Brady, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT-or THE CASE
Upon a petition duly filed by Paper Workers Organizing Coin-
mittee, C. I., 0., herein called the Union, alleging that a question
affecting commerce ' had arisen concerning the representation of em-
ployees of Senoso Paper Company , Inc., Phoenix , New York, herein
called the Company, the National Laor Relations Board provided for
an appropriate hearing upon due notice before Eugene von Wellsheim,
Trial Examiner . The hearing was held at Phoenix, New York, on
July 19, 1945. The Company and the Union appeared 'and partici-
pated. All parties were afforded full opportunity to be heard, to,
examine and cross-exaiiiine witnesses , and to introduce evidence bear-
ing oii the issues. ' The-Trial Examiner 's rulings made at the hearing
are free from prejudicial error aiid 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 :
FINDINGS OF FACT.
I. THE BUSINESS OF THE COMPANY
Senoso Paper Company, Inc., a New York corporation, is engaged
in the manufacture of paper at its plant in Phoenix , New York. Dur-
ing the year 1944 the Company used raw materials -in excess of
$100,000, of which more than 95 percent carne from points outside
the State of New York. During the same period the Company manu-
64 N. L . R. B., No. 49.
278
SENOSO ' PAPER COMPANY, INC. 279
'factured finished products in excess of $200,000, of which more than
62 percent was shipped to points- outside the State of_ New York.
- We find that the Company is engaged in commerce within the mean-
ing 'of the National Labor' Relations Act.
II. TILE ORGANIZATION INVOLVED
Paper Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
III. TI1E QUESTION CONCERNING REPRESENTATION'
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Field Examiner,tintroduced into, evidence at the
hearing, indicates that the Union 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
'We find in substantial accordance with the agreement of the parties
that all production and maintenance employees, except for office and
clerical enip]oyees and supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise 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 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-
.pioyees 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
The Field Examiner reported that the Union submitted 13 authorization cards , that L
of the cards were dated May 1945 and 4 were dated ' June 1945 ;'and that there are
approximately 14 persons in the appropriate unit.
280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigatiofi to ascertain representa-
tives for the purposes of collective bargaining with Senoso Paper
Company, Inc., Phoenix, New York, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the date of this I)irection, under the direction and supervision
of the Regional Director for the Third Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Reguhitions, among
the employees in the unit fodnd appropriate in Section IV, above,
who were employed during the pay-roll period immediately pre-
ceding 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 discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire .to be represented by
Paper Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
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