The Cleveland Container Co.

National Labor Relations Board - Board Decisions

Feb 5, 1942

38 N.L.R.B. 931 (N.L.R.B. 1942)

In the Matter of THE CLEVELAND CONTAINER COMPANY and INTER-
NATIONAL BROTHERHOOD , PULP, SULPHITE & PAPER MILL WORKERS
OF U. S. & CANADA (A. F. L.)
Case No. R-3093.-Decided February 5, 191x2
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Frank M. Kleiler and Mr. Hugh E. Sperry, for the Board.
Mr. W. D. Douglas, of Cleveland, Ohio, for the Company.
Mr. Lambert J. Louy, of Cleveland, Ohio, for the A. F. of L.
Mr. Robert Powell, of Cleveland, Ohio, for the C. I. O.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 13 and September 30, 1941, respectively, Inter-
national Brotherhood, Pulp, Suphite & Paper Mill Workers of U. S.
& Canada, A. F. L., herein called the A. F. of L., filed with the
Regional Director for the Eighth Region (Cleveland, Ohio) a peti-
tion and an amended petition alleging that a question affecting
commerce had arisen concerning the representation of employees
of the Cleveland plants of The Cleveland Container Company,
Cleveland, Ohio, herein called the Company, engaged in the manu-
facture of paper products, abrasives, and fiber containers for shells
and fuses, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9(c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On October 1, 1941, the
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act, and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
38 N. L R B., No. 168.
931
932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On October 4, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the A. F.
of L., and the United Paper, Novelty, and Toy Workers Inter-
national Union, affiliated with the C. I. 0., herein called the C. I. 0.,
a labor organization claiming to represent employees directly affected
by the investigation. Pursuant to notice, a hearing was held on
October 8, 1941, at Cleveland, Ohio, before Harry L. Lodish, the
Trial Examiner duly designated by the Chief Trial Examiner. The
A. F. of L. and the C. I. O. were represented and participated in the
hearing. On November 14, 1941, the Company, the A. F. of L., the
C. I. 0., and the Regional Director entered into a "STIPULATION FOR
CERTIFICATION UPON CONSENT ELECTION." 1
Pursuant to the Stipulation, elections by secret ballot were con-
ducted on January 9, 1942, under the direction and supervision of
the Regional Director, among all production and maintenance em-
ployees of The Cleveland Container Company's No. 2 Plant, ex-
cluding truck drivers, clerks, timekeepers, supervisors, and any
salaried employees, and among all production and maintenance em-
ployees of the Cleveland Container Company's No. 2 Plant, ex-
cluding truck drivers, clerks, timekeepers, supervisors, and any
salaried employees, to determine whether they desired to be repre-
sented by the A. F. of L., by the C. I. 0., or by neither. On Jan-
uary 13, 1942, the Regional Director issued and duly served upon
the parties an Election Report on the two ballots. No objections
to the conduct of the ballots or the Election Report have been filed
by any of the parties.
In his Election Report the Regional Director reported as follows
concerning the balloting and its results :
No. 1 Plant
Total on eligibility list ______________________________________ 76
Total ballots cast____________ _______________________________ 70
Total ballots challenged_____________________________________ 0
Total blank ballots_________ _________________________________ 0
Total void ballots______ ____________________________________ 0
Total valid votes counted____________________________________ 70
Votes cast for United Paper, Novelty , and Toy Workers Inter-
national Union ( C. I. 0.) --------------------------------- 8
Votes cast for International Brotherhood , Pulp, Sulphite &
Paper Mill Workers of U. S. & Canada (A. F. L.) ----------- 62
Votes cast for neither_______________________________________ 0
I Inasmuch as the Stipulation provides that the amended petition , the other formal docu-
ments, the Stipulation , the Election Notice, and the Election Report of the Director shall
constitute the entire record in this case , the Decision and Certification of Representatives
herein is based solely on such record, which supersedes the record made at the hearing, on
October 8, 1941.
THE CLEVELAND CONTAINER COMPANY 933
No. 2 Plant
Total on eligibility list ______________________________________ 291
Total ballots cast ------ ---------------------- -------------- 253
Total ballots challenged_____________________________________ 12
Total blank ballots______ ____________________________________ 0
Total void ballots__________________________________________ 0
Total valid votes counted ___________________________________ 241
Votes cast for United Paper, Novelty , and Toy Workers Inter-
national Union ( C. I. 0 ) --------------------------------- 94
Votes cast for International Brotherhood , Pulp, Sulphite &
Paper Mill Workers of U. S. & Canada ( A. F. L.) ----------- 139
Votes cast for neither_______________________________________ 8
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of the Cleveland plants of The Cleveland
Container Company, Cleveland, Ohio, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the No. 1 Plant,
excluding truck drivers, clerks, timekeepers, supervisors, and any
salaried employees, and all production and maintenance employees of
the No. 2 Plant, excluding truck drivers, clerks, timekeepers, super-
visors, and any salaried employees, each constitute units appropriate
for the purposes of collective bargaining within the meaning of Section
9 (b) of the National Labor Relations Act.
3. International Brotherhood, Pulp, Sulphite & Paper Mill Workers
of U. S. & Canada, A. F. of L., has been designated and selected by a
majority of the employees in the above units as their representative for
the purposes of collective bargaining, and is the exclusive representa-
tive of all employees in said units within the meaning of Section 9 (a)
of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act,
IT IS HERESY CERTIFIED that International Brotherhood, Pulp, Sul-
phite. & Paper Mill Workers of U. S. & Canada, A. F. of L., has been
designated and selected by a majority of the production and mainte-
nance employees of the Cleveland plants of The Cleveland Container
Company, Cleveland, Ohio, excluding truck drivers, clerks, time-
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
keepers, supervisors , and any salaried employees , as their representa-
tive for the purposes of collective bargaining, and that, pursuant to
Section 9 (a) of the Act , International Brotherhood , Pulp, Sulphite &
Paper Mill Workers of U. S. & Canada, A. F. of L., is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment.