Southern Paper Box Co.Download PDFNational Labor Relations Board - Board DecisionsOct 22, 1971193 N.L.R.B. 881 (N.L.R.B. 1971) Copy Citation SOUTHERN PAPER BOX CO. Southern Paper Box Company and United Papermak- ers and Paperworkers, AFL-CIO. Case 26-CA-4073. October 22, 1971 DECISION AND ORDER BY CHAIRMAN MILLER AND MEMBERS FANNING AND KENNEDY Upon a charge filed on July 26, 1971, by United Papermakers and Paperworkers, AFL-CIO, herein called the Union, and duly served on Southern Paper Box Company, herein called the Respondent, the Acting Geneial Counsel of the National Labor Relations Board, by the Regional Director for Region 26, issued a complaint on August 3, 1971, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, complaint, and notice of hearing before a Trial Examiner were duly served on the parties to this proceeding. With respect to the unfair labor practices, the complaint alleges in substance that on or about May 20, 1971, following a Board election in Case 26-RC-3931 the Union was duly certified as the exclusive collective-bargaining representative of Res- pondent's employees in the unit found appropriate; I and that, commencing on or about July 21, 1971, and at all times thereafter, Respondent has refused, and continues to date to refuse, to bargain collectively with the Union as the exclusive bargaining represent- ative, although the Union has requested and is requesting it to do so. On August 12, 1971, Respon- dent filed its answer to the complaint admitting in part, and denying in part, the allegations in the complaint. On August 20, 1971, counsel for the Acting General Counsel filed directly with the Board a Motion for Summary Judgment. Subsequently, on August 25, 1971, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the Acting General Counsel's Motion for Summary Judgment should not be granted. Respon- dent thereafter filed a response, called Opposition to Notice To Show Cause. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its i Official notice is taken of the record in the representation proceeding, Case 26-RC-3931, as the term "record" is defined in Secs 102 68 and 102.69(f) of the Board's Rules and Regulations, Series 8, as amended See LTV Electrosystemr, Inc, 166 NLRB 938, enfd 388 F 2d 683 (CA 4, 881 powers in connection with this proceeding to a three- member panel. Upon the entire record in this proceeding, the Board makes the following: Ruling on the Motion for Summary Judgment In its answer to the complaint and in its opposition to the Motion for Summary Judgment, Respondent contends that it is not obligated to bargain with the Union because the certification issued to the Union in Case 26-RC-3931 was invalid since the Board in that case erroneously denied its Request for Review of the Regional Director's Supplemental Decision and Certification of Representative in which it requested that the election be set aside on its objections or alternatively that an evidentiary hearing on the issues raised by its objections be directed. Upon our review of the record in Case 26-RC-3931 we find no merit in this contention. In an election conducted pursuant to the Regional Director's Decision and Direction of Election, 83 votes were cast for, and 72 against, the Union and 4 ballots were challenged. Respondent filed timely objections to conduct affecting the results of the election, alleging that the Union had made last minute misrepresentations of wage rates and other benefits secured by the Union at other companies in the area and elsewhere, of the Union's strike benefits, of the Union's ability to enforce retention and reinstatement of employees, and of the Respondent's president's misuse of company funds. The objections further alleged that the Union coerced employees through threats that their personal property would be dam- aged, that they would be fired, and that they may not be able to return to work after a strike or layoff if they did not support the Union. After an investigation, the Regional Director, on May 20, 1971, issued a Supplemental Decision and Certification of Representative in which he overruled Respondent's objections in their entirety and certified the Union as collective-bargaining representative in the unit found appropriate for purposes of collective bargaining. Thereafter, on June 11, 1971, Respondent filed a Request for Review of the Supplemental Decision and Certification of Representative, sup- ported by a brief in which it raised the same assertions and arguments that it now advances in this unfair labor practice proceeding. By telegram dated July 13, 1971, the Board denied Respondent's request on the ground that it raised no substantial issues warranting review. It is well settled that in the absence of newly 1968), Golden Age Beverage Co., 167 NLRB 151, Intertype Co v Penello, 269 F Supp 573 (D.C Va, 1967), Follett Corp, 164 NLRB 378, enfd. 397 F 2d 91 (C A 7, 1968), Sec. 9(d) of the NLRA. 193 NLRB No. 134 882 DECISIONS OF NATIONAL LABOR RELATIONS BOARD discovered or previously unavailable evidence or special circumstances a respondent in a proceeding alleging a violation of Section 8(a)(5) is not entitled to relitigate issues which were or could have been litigated in a prior representation proceeding.2 All issues raised by the Respondent in this proceed- ing were or could have been litigated in the prior representation proceeding, and the Respondent does not offer to adduce at a hearing any newly discovered or previously unavailable evidence, nor does it allege that any special circumstances exist herein which would require the Board to reexamine the decision made in the representation proceeding. We therefore find that the Respondent has not raised any issue which is properly litigable in this unfair labor practice proceeding. We shall, accordingly, grant the Motion for Summary Judgment. On the basis of the entire record, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Respondent is a corporation doing business in the State of Arkansas , with a plant and place of business located at Little Rock , Arkansas , where it is engaged in the manufacture of paper boxes . During the past 12 months, Respondent , in the course of its business purchased materials valued in excess of $50,000 directly from outside the State of Arkansas and during the same period, Respondent sold and shipped materials valued in excess of $50,000 directly to points outside the State of Arkansas. We find , on the basis of the foregoing, that Respondent is, and has been at all times material herein , an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act, and that it will effectuate the policies of the Act to assert jurisdiction herein. II. THE LABOR ORGANIZATION INVOLVED United Papermakers and Paperworkers , AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES A. The Representation Proceeding 1. The unit The following employees of the Respondent consti- tute a unit appropriate for collective-bargaining purposes within the meaning of Section 9(b) of the Act: All production and maintenance employees, including press room and lithographic employees, and local and over the road truck drivers em- ployed by the Respondent at its Little Rock, Arkansas, plant, excluding all office clerical employees, guards and supervisors as defined in the Act. 2. The certification On April 9, 1971, a majority of the employees of Respondent in said unit, in a secret ballot election conducted under the supervision of the Regional Director for Region 26 designated the Union as their representative for the purpose of collective bargaining with the Respondent. The Union was certified as the collective-bargaining representative of the employees in said unit on May 20, 1971, and the Union continues to be such exclusive representative within the mean- ing of Section 9(a) of the Act. B. The Request To Bargain and Respondent's Refusal Commencing on or about July 19, 1971, and at all times thereafter, the Union has requested the Respon- dent to bargain collectively with it as the exclusive collective-bargaining representative of all the employ- ees in the above-described unit. Commencing on or about July 21, 1971, and continuing at all times thereafter to date, the Respondent has refused, and continues to refuse, to recognize and bargain with the Union as the exclusive representative for collective bargaining of all employees in said unit. Accordingly, we find that the Respondent has, since July 21, 1971, and at all times thereafter, refused to bargain collectively with the Union as the exclusive representative of the employees in the appropriate unit, and that, by such refusal, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) and (1) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of Respondent set forth in section III, above, occurring in connection with its operations described in section I, above, have a close, intimate, and substantial relationship to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. 2 See Pittsburgh Plate Glass Co v N L R B, 313 US. 146, 162 (1941), Rules and Regulations of the Board , Secs. 102 67(f) and 102 69(c) SOUTHERN PAPER BOX CO. 883 V. THE REMEDY Having found that Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) and (1) of the Act, we shall order that it cease and desist therefrom, and, upon request, bargain collectively with the Union as the exclusive representative of all employees in the appropriate unit, and, if an understanding is reached, embody such understanding in a signed agreement. In order to insure that the employees in the appropriate unit will be accorded the services of their selected bargaining agent for the period provided by law, we shall construe the initial period of certification as beginning on the date Respondent commences to bargain in good faith with the Union as the recogniz- ed bargaining representative in the appropriate unit. See Mar-Jac Poultry Company, Inc., 136 NLRB 785; Commerce Company d/b/a Lamar Hotel, 140 NLRB 226, 229, enfd. 328 F.2d 600 (C.A. 5), cert. denied 379 U.S. 817; Burnett Construction Company. 149 NLRB 1419, 1421, enfd. 350 F.2d 57 (C.A. 10). The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. Southern Paper Box Company is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. United Papermakers and Paperworkers, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 3. All production and maintenance employees, including press room and lithographic employees, and local and over-the-road truck drivers employed by the Respondent at its Little Rock, Arkansas, plant, excluding all office clerical employees, guards and supervisors as defined in the Act constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act. 4. Since April 9, 1971, the above-named labor organization has been and now is the certified and exclusive representative of all employees in the aforesaid appropriate unit for the purpose of collec- tive bargaining within the meaning of Section 9(a) of the Act. 5. By refusing on or about July 21, 1971, and at all times thereafter, to bargain collectively with the above-named labor organization as the exclusive bargaining representative of all the employees of Respondent in the appropriate unit, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) of the Act. 6. By the aforesaid refusal to bargain , Respondent has interfered with , restrained , and coerced, and is interfering with , restraining , and coercing , employees in the exercise of the rights guaranteed to them in Section 7 of the Act, and thereby has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a)(1) of the Act. 7. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the mean- ing of Section 2(6) and (7) of the Act. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that Respondent, Southern Paper Box Company, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Refusing to bargain collectively concerning rates of pay, wages, hours, and other terms and conditions of employment with United Papermakers and Paper- workers, AFL-CIO, as the exclusive bargaining representative of its employees in the following appropriate unit: All production and maintenance employees, including press room and lithographic employees, and local and over the road truck drivers em- ployed by the Respondent at its Little Rock, Arkansas, plant, excluding all office clerical employees, guards and supervisors as defined in the Act. (b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them in Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Upon request, bargain with the above-named labor organization as the exclusive representative of all employees in the aforesaid appropriate unit with respect to rates of pay, wages, hours, and other terms and conditions of employment, and, if an understand- ing is reached, embody such understanding in a signed agreement. (b) Post at its plant in Little Rock, Arkansas, copies of the attached notice marked "Appendix." 3 Copies of said notice, on forms provided by the Regional Director for Region 26, after being duly signed by Respondent's representative, shall be posted by Respondent immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable 3 In the event that the Board's Order is enforced by a Judgment of a United States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall be changed to read "Posted pursuant to a Judgment of the United States Court of Appeals enforcing an Order of the National Labor Relations Board." 884 DECISIONS OF NATIONAL LABOR RELATIONS BOARD steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other material. (c) Notify the Regional Director for Region 26, in writing, within 20 days from the date of this Order, what steps have been taken to comply herewith. APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT refuse to bargain collectively concerning rates of pay, wages, hours, and other terms and conditions of employment with United Papermakers and Paperworkers, AFL-CIO, as the exclusive representative of the employees in the bargaining unit described below. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of the rights guaranteed them by Section 7 of the Act. WE WILL, upon request, bargain with the above- named Union, as the exclusive representative of all employees in the bargaining unit described below, with respect to rates of pay, wages, hours, and other terms and conditions of employment, and, if an understanding is reached, embody such under- standing in a signed agreement. The bargaining unit is: All production and maintenance employ- ees, including press room and lithographic employees, and local and over the road truck drivers employed by the Respondent at its Little Rock, Arkansas, plant, excluding all office clerical employees, guards and supervi- sors as defined in the Act. SOUTHERN PAPER Box COMPANY (Employer) Dated By (Representative ) (Title) This is an official notice and must not be defaced by anyone. This notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Any questions concerning this notice or compliance with its provisions may be directed to the Board's Office, Clifford Davis Federal Building , Room 746, 167 North Main Street , Memphis, Tennessee 38103, Telephone 901-534-3161. Copy with citationCopy as parenthetical citation