The Chillicothe Paper Co.

National Labor Relations Board - Board Decisions

May 14, 1943

49 N.L.R.B. 797 (N.L.R.B. 1943)

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In the Matter of THE CHILLICOTHE PAPER COMPANY and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
Case No. R5.55.-Decided May 14, 194{3
Mr, Cornelius J. Petzhold and Mr. L. S. Evans, of Chillicothe,
Ohio, for the Company.
Mr. Ralph Courtley, of Chillicothe, Ohio, for the Union.
Cllr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly- filed by District 50, United Mine Workers of
America, herein called the Union , alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Chillicothe Paper Company , Chillicothe , Ohio, herein called
the Company , the National Labor Relations Board provided for an
appropriate hearing upon due notice before Roy O . Hoffman, Trial
Examiner . Said hearing was held at Chillicothe , Ohio, on April 29,
1943. The Company and the Union 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Chillicothe Paper Company, an Ohio corporation, with its prin-
cipal office and place of business in Chillicothe, Ohio, is engaged in the
manufacture and sale of paper products. Approximately 90 percent
of the raw materials used in the Company's plant is shipped from
points outside the State of Ohio. Approximately 70 percent of the
49 N. L. It. B., No. 114.
797
798 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
finished products are•shipped to points outside the State of Ohio. The
Company admits that it is engaged in commerce within the 'meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
District 50, United Mine `Yorkers of America, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that on March 26, 1943, the Union sent a
letter to the Company wherein it requested recognition for bargaining
purposes and that on April 7, 1943, the Company replied that it would
not grant such, reco gn ition unless and until the Union was certified
by the Board.
A statement of a Field Examiner, introduced in evidence, indicates
that the Union represents a substantial number of employees in the
unit hereinafter found to be 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 accordance with a stipulation of the parties, that all
production and maintenance employees, including watchmen, janitors,
shop clerks, inspectors, truck drivers, and sample department em-
ployees, but excluding foremen, assistant foremen, office and clerical
employees, superintendents and assistant superintendents, and any
person having the right to hire or discharge, constitute a unit appro-
priate 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.
'The Field Examiner's statemnent,,showws that the Union submitted 120 membership
cards, all of which bear apparently genuine signatuies, and 104 of which bear navies of
persons whose names appear on the Company's pay roll of April 3, 1943; these are
approximately 200 persons in the appropriate unit. Sixteen of the cards «eie dated
in 1942, 77 were dated in 1943, and 27 were undated.
THE CHILLICOTHE PAPER COMPANY 799
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 Rela-
tions 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 Chillicothe
Paper Company, Chillicothe, Ohio, 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 Ninth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Ar-
ticle III, Section 10, 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 any such 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, to
determine whether or not they desire to be represented by District 50,
United Aline Workers of America, for the purposes of collective bar-
gaining.
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