Taylor Fibre Co.

National Labor Relations Board - Board Decisions

Oct 15, 1945

64 N.L.R.B. 247 (N.L.R.B. 1945)

In the Matter of TAYLOR FIBRE COMPANY and UNITED STEELWORKERS
OF AMERICA, CIO
Case No. 4-R-1776.-Decided, October 15, 1945
High, Swartz, Flynn & Roberts, by Mr. Victor J. Roberts, of Nor-
ristown, Pa., for the Company.
Mr. Orval J. Kincaid, of Philadelphia, Pa., for the CIO.
Mr. Morris Gerber, of Norristown, Pa., for the Independent.
Mr. Samuel G. Hamilton, of,counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America, CIO,
herein called the CIO, alleging that a question affecting commerce
had arisen concerning the representation of employees of Taylor
Fibre Company, Norristown, Pennsylvania, herein called the Com-
pany; the National Labor Relations Board provided,for , an appro-
priate hearing upon due notice before Eugene M. Purver, 'Trial
Examiner. Said hearing was held at Norristown, Pennsylvania, on
July 9, 1945. The Company, the CIO, and Taylor Employees Union,
herein called the Independent, ,appeared and participated. All
parties 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.! ', ,
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Taylor Fibre Company is a Peinsylvania corporation with a, plant
involved 'in this proceeding, located at, Betzwood,'Pennsylvdnia: ' It
is there ,engaged in the production and distribution, of laminated
64 N. L. R. B, No. 42.
247
248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plastics, vulcanized and phenolic fibre sheets, rods, tubes, and' "special
fabricated parts. The principal raw materials used by the Company
are wood pulp, cotton rags, cotton fabrics, and chemicals. During
the calendar year _1944, the Company purchased raw materials valued
in.excess of $1,250,000, of which approximately, 81 percent was shipped
from points outside the Commonwealth of Pennsylvania. During
the same period, the Company manufactured products valued in
excess of $3,000,000, of which approximately 88 percent was shipped
to points outside the Commonwealth.
The Company admits, for the purpose of this proceeding, that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
U. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company. -
Taylor Employees Union is an unaffiliated labor organization admit-
ting to membership employees of the Company. ' -
M. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO as the
exclusive bargaining representative of certain of its employees until
the CIO has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear- -
ing, indicates that the CIO represents a substantial number of employ-
ees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees ofthe Company, within the meaning
of Section 9 (c) and Section -2 (6) and (1) of the Aet.2
IV. THE APPROPRIATE UNIT
The CIO seeks, a unit composed of all production and maintenance'
employees of the Company, excluding office and factory clerical em-,
' The Field Examiner reported that the CIO submitted 215 authorization cards ; that
there were 378 employees in the unit alleged in the petition to be appropriate ; that 113 of
the cards were dated January 1945,, 15 February 1945, 42 March 1945, 1 April 1945,
5 May 1945, 1 June 1945, and 38 were undated. The Independent relies upon a contract
with the Company as evidence of its interest.
2 The Company and the Independent have been parties to collective bargaining contracts
for 8 or 9 years . The last written contract between them provides that it
shall remain in force ' and effect until September 1, 1945, and shall remain in force and
effect thereafter from year to year unless terminated by either party thereto, giving
to the other party. 30 days' notice of intention to terminate or amend contract, deliv-
ered to the other party hereto no later than 30 days prior to the expiration of the
contract period.
This contract is not raised as a bar. In any event, the CIO gave notice of its claim to
representation on or about May 22, 1945, and the contract could not possibly preclude a
current determination of representatives.
TAYLOR FIBRE COMPANY 249
ployees, guards, watchmen, foremen, and'all'other supervisory employ-
e Ies: ' Contrary to the CIO's position, 'the Independent and the Com-
'paliy contend that watchmen and factory 'clerical employees should
be `included in the. unit. Furthermore, there. is disagreement with
respect to the inclusion or exclusion of subforemen and shift'leaders,
the CIO contending that they are supervisory employees and should
be excluded from the unit, whereas the Company and the Independent
take the opposite position.
Watchmen: The Company employs two watchmen, who are'not
sworn' peace officers and are neither militarized, uniformed, nor armed.
They make hourly rounds, carry a watchman's clock, and, ring the clock
by means of keys located at stations throughout the plant. Their pri-
mary duty is to keep under surveillance the Company's plant. These
employees have been covered by the contracts between the Company
and the Independent. We shall include them.3
Factory clerical employees: There are three factory clerks, stationed
in offices in the plant. They maintain production records for produc-
tion department heads, and keep time card records, records relating
to inventories, and records relating to production materials. They,
too, have been covered by the agreement's between the Company and
the Independent. We shall include them.'
Sub f oremen: There are three subforemen, all of whom have been
covered by the contracts between the Company and the Independent.'
The subforeman in the sheet metal department measures the thickness
of sheets of fibre, and assembles these sheets into groups to comply
with customers' orders preparatory to their delivery to the shipping
department. The coating department subforeman schedules mate-
rials that are to be processed, checks' the results of the operations per-
formed on these materials, and supervises other production test data.
The subforeman in the specialty department observes the''operation
of different machines, assigns operators to machines, and when a ma-
-chine runs out of a particular order,' assigns' another' order' to run on
that 'machine. '
In general', subforemen schedule' and lay out for the employees 'in
their 'particular production unit the work that is to' be performed, and
check the' quantity and quality of 'the finished products:' They' exercise
a certain amount of production or quality supervis'ioy." However,
-they have' no, -authority to hire, discharge, or discipline -employees,
change their'status, or effectively recommend such action., Accord-
ingly; we shall include the subforemen in the unit.
See Matter of The Swartwout Company, 61 N. L R B 832; Matter of C. J. Petersen and
C F. Lytle, d/bf Petersen and'Lytle , 60 N. L . R B. 1070 '1 ,
4 See Matter of Vulcan Mold and Iron Company; 62 N. L. R.I B., 121.9 ; ' Matter of C:c J.
Petersen and C. F. Lytle , d/b/a Petersen and Lytle, supra:
250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Shift leaders: There are 24 shift leaders. All have been covered by
the agreements between the Company and the Independent. , Shift
leaders, or "pushers," spend substantially their entire time in perform-
ing the same type of work as the production and maintenance em-
ployees. Shift leaders urge or encourage the members of their respec- '
'tive groups to complete the work, in the most expeditious manner.
Since they have no authority to hire, discharge, or discipline em-
ployees, make changes in their status, or effectively recommend such
action,,we shall include shift leaders in the unit. , '
We find that all production and maintenance employees, including
factory, clerical employees, watchmen, subforemen and shift leaders,
but excluding office clerical employees, guards, superintendents, fore,
men, and all other supervisory employees with authority to hire, pro-
mote 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-
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for 'lfhe purposes of collective bargaining with Taylor Fibre
Company, Norristown, Pennsylvania, 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 supervis on of
the Regional Director for the Fourth 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 Regulations, among the em-
ployees 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 the
said pay-roll period because they were ill or on vacation or temporarily
I
TAYLOR FIBRE COMPANY 251 ,
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date-of the election,
to determine whether they desire to be represented by United Steel-
workers' of. America, CIO, or by.Taylor Employees. Union, for the
purposes of collective bargaining, or by neither. '
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.