The Brown Paper Mill Co., Inc.

National Labor Relations Board - Board Decisions

Dec 9, 1942

45 N.L.R.B. 1227 (N.L.R.B. 1942)

In the Matter of THE BROWN PAPER MILL COMPANY, INC. and
OIIACHITA VALLEY LOCAL No. 364, INTERNATIONAL BROTHERHOOD OF
PAPER MAKERS, AFFILIATED WITH AMERICAN FEDERATION OF LABOR
Case No. R-41lp55.Decided December 9, 1942
Jurisdiction : paper manufacturing industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition until majority representation in appropriate unit
proven ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees, with specified inclusions and exclusions.
Hr. C. Paul Barker, for the Board.
Mr. George W. Brown, Jr., Mr. Clyde R. Brown, and ,dlr. L. J.
Benekenstein, of Beaumont, Texas, for the Company.
Hr. Paul L. Phillips, of Monroe, La., for the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Ouachita Valley Local No. 364, Inter-
national Brotherhood of Paper Makers, affiliated with American Fed-
eration of Labor, herein called the Union,' alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of The Brown Paper Mill Company, Inc., Monroe, Louisiana;
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Fontaine
Martin, Trial Examiner. Said hearing was held at Monroe, Loui-
siana, on October 27 and 28, 1942. The Company and the Union ap-
peared, 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
hearings are free from prejudicial error and are hereby affirmed.
'The local designation was added to the name of the Union at the hearing by amend-
ment.
45 N L R B.. No. 168.
1227
1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THU COMPANY
The Brown Paper Mill Company, Inc., a Delaware corporation,
has its principal office and place of business near the city of Monroe,
Louisiana, where it manufactures, sells, and distributes Kraft paper
and board. On the average, the Company produces monthly ap-
proximately 15,000 tons of finished products, of which more than 90
percent is shipped to points outside the State of Louisiana. The
principal raw materials used,by the Company in the manufacture of,,
its products are pulp wood, alum, sizing, color, and starch. The
value of raw materials used by the Company annually exceeds
$1,000,000. Approximately 20 percent of the pulp ,wood and more ,
than 50 percent of the other raw materials are shipped to the Com-
pany from points outside the State of Louisiana. The Company
admits that it is engaged in commerce within the meaning of • the
National Labor Relations Act.
II. THE ORGANIZ ATION INVOLVED
Ouachita Valley Local No.' 364, International Brotherhood of
Paper Makers is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION ,
By a letter dated July'30, 1942, the Union informed the Company
that it represented a majority of the latter's employees, and requested
the Company to meet with it for collective bargaining purposes.
The Company denied this request, replying in substance that it de-
sired proof of the Union's claim of majority representation and
proof that the Union represented employees in -an appropriate unit.
A statement of the Regional -Director, introduced in"' evidence
at : the hearing, indicates that the Union represents a substantial
number. of employees in the unit hereinafter found appropriate.2
' ^ 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.
. 2 The Regional Director stated that the Union submitted to hun 487 authorization cards,
of which 474 bore apparently genuine signatures , and all were dated in the month of July
1942 , and that 405 of the cards bore names of pei sons w hose names appeared `on a pay roll
of the Company which listed 842 employees in the unit alleged by the Union to be
appropriate.
THE BROWN PAPER MILL COMPANTY, INC. 1229
IV. THE APPROPRIATE UNIT
The Union petitions for a unit of all production and maintenance'
employees of the Company, including tour bosses and all Supervisors,
beneath the rank of tour bosses, and employees of the wood yard,
but excluding supervisors above the rank of tour bosses and all
clerical and office employees. The Company contends that the ap-
propriate unit should comprise all its employees with the exception
of supervisory employees who have the power to hire and discharge.,
The parties agree upon certain categories of supervisory employees
to be excluded from the appropriate unit because they possess the
power to hire and discharge.3 The parties do not agree as to the
disposition of several categories of employees whom the Company
would include in, and the Union would exclude from, the unit-
These are treated below.
Clerical and office force: The employees in this category are located
in the office building which is separate from the mill. The Union
desires that they be excluded because they are clerical employees
and, as such, are not eligible to meinbership in the Union. Inasmuch
as clerical employees have been traditionally excluded from produc-
tion and maintenance units, we shall exclude the clerical and office
force from the unit hereinafter found appropriate.
Office miscellaneous employees: These employees, 12 in all, form a.
heterogeneous group listed on the mill pay roll, consisting of 4
switchboard operators, 2 office porters, 2 draftsmen, 2 safety first
department employees, a grass cutter, and a cook. The 4 switchboard,
operators work only. in the office. We shall exclude them from the
unit., The safety first department employees prepare safety first
signs,which they post throughout the plant. In addition, one of
them measures the workmen for safety shoes and aids them in com-
bating athlete's foot. We find that the nature of this work is not'
closely related to that performed by production and maintenance"
employees. We shall therefore exclude safety first employees from
the unit. The draftsmen have all office in the mill proper. Since
their work is of a technical and professional nature and the Union,
desires their exclusion, we shall exclude them from the unit. The
Union did not indicate its position respecting office porters. The
porters work only in the office and thus have little or no contact with
3 These employees are as follows : the general manager, general superintendent; assistant
general superintendent, machine room superintendent, assistant machine room superintend-
ent, night machine room superintendent, finishing room supcrintendent, assistant finishing
room superintendent, head paper inspector, pulp mill superintendent, assistant pulp milli
superintendent, powerhouse superintendent, assistant powerhouse superintendent, woodyarul
superintendent, master mechanic, superintendent of woods operations, railroad yard master,
railroad shop foreman, plant engineer, chief electrician, assistant chief electrician, store-
room superintendent, chief chemist, head timekeeper, and contract woodyard superiu--
tendent. . '
1230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the production and maintenance employees. We find that"tlie-otllce
porters do not have the same interests as the mill workers. We shall
exclude them from the unit. The Union also did not indicate its
position concerning the grass cutter. This employee works on the,
lawn and yard around the office building. Since he is not engaged
in maintenance work in the plant proper, we shall exclude him from
the appropriate unit. The last employee in the miscellaneous office
group is the cook on a company-owned pleasure boat which is not
used in connection with the operation of the plant. Obviously, such
an employee has no interests in common with production and main-
tenance employees.' We shall therefore exclude the cook from. tE e
unit.
The safety first director: This employee heads' the safety first
department. We have already excluded the men who work under
him and shall exclude him on the same ground.
The personnel director: This employee is engaged in the type of
work generally attributed to personnel men. Since personnel work
is of a clerical nature, we shall exclude the personnel director.
The plant nurse: Inasmuch as the plant nurse is not engaged in
production or maintenance work and in view of the specialized
character of her services, we shall exclude the plant nurse from the
unit.
Gatehouse employees: At the time of the hearing there were eight
employees in this category. A more appropriate designation for
them is that 'of timekeepers, for they are engaged in tabulating and
checking time records and in similar work generally associated with
timekeepers. We find that, as such, the gatehouse employees are
clerical employees and that our ruling in respect to the clerical and
office force is applicable here. We shall, therefore, exclude the
gatehouse' employees" fr"omn the unit.
Watchmen: The Company employs three night watchmen. The
Union contends that the watchmen are not engaged in maintenance
work and should therefore be excluded from the unit. The watchmen
are not deputized. We shall include watchmen in the unit, since their
duties appear to be those customarily performed by watchmen, rather
than those of a specialized plant-protection force 4
Land and Timber inspectors or rangers: There are five or six
employees in this category whose function is to look over timber land-
with the object of discovering fire hazards and checking timber
growth. The Union would exclude the rangers because they are out-
side employees. Since these rangers are seldom, if ever, engaged in
4 See Matter of North Carolina Finish ing Company and North Carolina Fabrics Corpora-
tion and Textile Workers Union of America , 44 N L R. B 681, and cases cited therein.
THE BROWN PAPER MILL COMPANY, INC. 1231
workxat the mill, we find that they do not have the same interests as the
mill workers, and we shall exclude them-from the unit.
The fore inspector and his helper: The fire inspector, with the aid
of at least one helper, maintains the plant fire equipment in operating
condition. The Union would exclude the fire inspector merely because
he is not under a tour foreman and because of the nature of his duties.
The fire inspector has no supervisory authority over other plant
employees. Since he and his helper are engaged purely in mainte-
nance work, we find the Union's contention to be without merit, and we
shall include the fire inspector and his helper in the unit.
Paper inspectors, paper inspector helpers, and sample boys: At the
time of the hearing there were 10 employees in these 3 classifications,
4 being inspectors, 4 helpers, and 2 sample boys. These employees test
samples of the various batches of paper produced at the mill to ascer-
tain whether specifications as to weight, porosity, and so forth, are
being met. The Union desires the exclusion ,of inspectors because
their work is of a technical nature and is not in the direct line of pro-
duction. The inspectors and their helpers work in a partitioned-off
room in the finishing department. Inspectors have been excluded from
contracts between the Union and other paper mills. In view of these
facts, we shall exclude paper inspectors, paper inspector helpers, and
sample boys from the unit.
Laboratory employees: Under this classification are two clerks
engaged only in compiling data based on reports prepared at the plant
and on tests made in the laboratory. The other employees in this
group are laboratory technicians who prepare acids and make chem-
ical analysis and tests. Since two of the employees are engaged in
clerical work and the remainder in work of a technical, specialized
nature, our findings as to the clerical and office force and as to the
two draftsmen are applicable here. We shall therefore exclude
laboratory employees from the unit.
Gang pushers: The Company has a group of 30 employees classified
as the bull gang. At the head of this gang, and exercising general
supervision over the entire gang, is Harvey May, described as the head
gang pusher. May reports to the master mechanic. Frequently the
gang works in sections, in which event May divides his men and selects
the section, leaders. Sidney Karr is also classified as a gang pusher.
His supervisory authority is less extensive than May's, since he ordi-
narily heads only a section. On occasions when May is off duty, Karr
heads the entire gang., Neither of the gang pushers has power to hire
or discharge. Because May is in effect the head of a department, we
shall exclude him from the unit. We shall include Karr in the unit,
however, since his authority is not so extensive as May's.
1232 DECISIONS .OF NATIONAL 'LABOR. RELATIONS BOARD
Finishing room billing' clerk: The Union referred to one A. D.
Golsen as an' assistant finishing room superintendent. The Com-
pany, having agreed to exclude T. Gallion as an assistant finishing
room superintendent, denies that it has two assistant superintendents,
in the finishing room. The record indicates that Golsen has no super-
visory authority but is a billing clerk. He has a small partitioned-
off office in the finishing room. His principal function is to issue bills
of lading and he performs no functions in the finishing room itself.
We find that Golsen is engaged in work of a clerical nature and shall
exclude him.
Earl Wilson:.Wilson was described by the Union as the pulp mill
maintenance superintendent. The Company denies that it has any
such classification and asserts that Wilson is a tour boss and accord-
ingly belongs in the unit with the other tour bosses included by the
Union. Wilson is an elderly man who works"a steady day shift in the
pulp mill and does not rotate on various shifts as do the other four
tour bosses in that mill. He assists the other tour bosses and fills in
when one is absent. We find that there is no material difference in
the supervisory authority possessed by Wilson and that vested in the
other tour bosses. We shall include him in the unit.
Toni Fuller: This employee works in the storeroom. The Union
described him as assistant storeroom superintendent, but the Com-
pany denies that he possesses any supervisory power. He keeps the
stocks in order and checks incoming and outgoing materials. In the
absence of any evidence indicating that Fuller's duties are materially
different from those performed by other storeroom clerks whom the
Union desires to include in its proposed unit, we shall include Fuller
in the unit.
Assistant wood contract superintendent: This employee, together
with the wood contract superintendent • whom the parties agree to
exclude, supervises the wood contract gang. Both are paid on a weekly
basis. The superintendent has the power to hire and discharge; the
assistant superintendent has the same power in'the absence of the,
superintendent. In view.of.these facts, we shall exclude the assistant
wood contract superintendent from the appropriate unit.
There remain two employees, neither of whom the-Union specifically
seeks to exclude from its proposed unit, but whose status neverthe
less merits some discussion because of the extent of their supervisory
authority.
Lime contract gang leader: The leader of the lime contract gang,
although paid upon a production basis, has authority to hire and dis-,
charge. We shall exclude him from the unit.
Head machinist: The Union expressed a desire to exclude the ma-
chine shop foreman from the unit. The Company denies that it has a
THE BROWN PAPER MILL COMPANY, INC. 1233
machine shop foreman. However, the Company's machine shop of
14 employees is headed by a head machinist who reports to the mas-
ter mechanic. The head machinist has no power to hire and discharge,
but he distributes work and is paid ^veekly. We shall exclude hill]
from the unit.
We find that all-production and maintenance employees of the Com-
pany, including tour bosses and all supervisors beneath the rank of
tour boss, employees of the woodyard, watchmen, the fire inspector'
and his helper, Sidney Karr, Earl Wilson, and Tom Fuller, but exclud-
ing all supervisors above the rank of tour boss, the clerical and office
force, switchboard operators, office porters, draftsmen; cook, safety
first department director and employees, grass cutter, personnel di-
rector, plant nurse, gatehouse employees, land and timber inspectors,
paper inspectors, paper inspector helpers, sample boys, laboratory
employees, Harvey May, finishing room billing clerk, and the head
machinist, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETEIIDIINATION OF REPRESENTATIVES
We shall direct that the question concerning representatives which
has arisen be resolved by an election by secret ballot. The Union
requests that eligibility to vote be determined by the pay roll nearest
the date when its petition was filed (August 20, 1942) ; the Company
prefers the pay roll immediately preceding the date of the election.
We see no reason to depart from our customary procedure and shall
direct that those eligible to vote shall be the employees in the appro-
priate' unit who were employed during the pay-roll period immedi-
ately preceding the date of our Direction of Election, subject to the
limitations and additions set forth therein.
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, 49 Stat. 449, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Brown Paper
Mill Company, Inc., Monroe, Louisiana, 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 of'-Election, under the direction
and supervision of the Regional Director for the Fifteenth Region,
acting in this matter as agent for the National Labor Relations Board,
493508-4 3-vol. 45--78
1234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and subject to Article III, Section 10, of said-Rules and Regulations,
among all employees of the Company 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 such pay-roll period because they were ill
or on vacation or in the active military service or training of the
United States, or temporarily laid off, but excluding any who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by Ouachita Valley Local No. 364,
International Brotherhood of Paper Makers, affiliated with American
Federation of Labor, for the purposes of collective bargaining.