The Mead Corp.

National Labor Relations Board - Board Decisions

Aug 5, 1944

57 N.L.R.B. 1090 (N.L.R.B. 1944)

In 'the Matter of THE MELD CORPORATION, SYLVA DIVISION and LOCAL
12866 & DISTRICT 50, UNITED MINE WORHFRS OF AMERICA
Case No. 5-R-1587.-Decided August 5, 1944
Mr. F. S. Pope, of Chillicothe , Ohio, for the Company.
Mr. Fred L. Ruscoe, of Knoxville, Tenn., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 12866 & District 50, United
Mine Workers,of America, herein collectively called the Union, alleg-
ing that a question affecting commerce had arisen concerning the repre-
sentation of employees of The Mead Corporation, Sylva Division,
Sylva, North Carolina, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Sidney J. Barban, Trial Examiner. Said hearing was held
at Sylva, North Carolina; on June 28, 1944. 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.
All parties were afforded 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
The Mead Corporation is an Ohio corporation operating plants lo-
cated in Virginia, Ohio, North Carolina, Tennessee, Pennsylvania,
Massachusetts, and Michigan. We are concerned in the present pro-
ceeding with the operations of the Company located at Sylva, North
Carolina, referred to hereinafter as the Sylva Division. The Sylva
Division manufactures extracts and paper board. During 1943 the
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1090
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Company purchased raw materials, consisting chiefly of wood, for use
at its Sylva Division valued at approximately $100,000, 50 percent of
-which was shipped to the Sylva Division from points outside the State
of North Carolina. During the same period the Company manufac-
tured at the 'Sylva 'Division finished products valued in excess of
$200,000, 90-percent of which was shipped to points outside the State
of North Carolina.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local 12866 & District 50, United Mine Workers of America, are
labor organizations admitting to membership employees of the
company.l
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the collective bar-
gaining representative of certain of its employees until it is estab-
lished by the Board that a majority of such employees desire to be
represented by the Union.
A, statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate.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.
IV. THE APPROPRIATE UNIT
The Union seeks a unit composed of all the Company's maintenance,
and production employees at its Sylva Division, excluding clerical
employees, timekeepers, assistant timekeepers, storekeepers, shipping
clerks, assistant shipping clerks, wood procurement employees, wood
measurer, mail boys, porters, construction employees, pensioners,
chemists, administrative, professional, and technical employees, fore-
men, and supervisory employees with the right to hire or discharge.
The Company agrees, to the establishment of the foregoing unit,
except,that it contends that watchmen, assistant storekeeper, roll com-
puting clerks, laboratory technicians, and wood measurer's assistant
should also be excluded therefrom..
1 Local 12866 is affiliated with District 50, United Mine Workers of America, and is the
local more particularly concerned in this proceeding ,
2 The Field Examiner reported that the Union submitted 211 designations , and that thero
were 215 employees in the proposed unit
1092 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Watchmen., The Company employs two full-time 'watchmen and
one part-time watchman. These employees are neither militarized
nor deputized, nor do they wear uniforms or carry arms., Their
duties are performed under the supervision of the plant engineer.
They are paid on an hourly basis and punch a time clock, as do the
production and maintenance employees. , In view of these facts, we
are of the opinion that they may properly be included within the
unit. ,
Laboratory employees. The Company employs five laboratory em-
ployees who perform their duties in the laboratory, which is located
approximately 100 feet from the Company's mill. , These employees
obtain samples from the paper mill upon which they perform routine
tests. They tabulate and chart the results of these tests. The tests
and the data resulting therefrom are designed for operation control
and supplying information required by the Company's 'customers.
Four of the laboratory workers do routine testing and are hourly
paid. The fifth employee is the direct assistant to the chemist in
charge of the laboratory. She assists in the instruction of the other
laboratory employees and has authority to make recommendations
affecting their status. We shall exclude from the unit the assistant
to the chemist on the ground that she is a supervisory employee.
However, we shall include the other laboratory employees, since they
,appear, upon the maintenance and production pay roll and are engaged
in performing routine functions.
Roll computing clerks. The Company employs four persons in
this category who perform their duties in an office located in the
machine room of the plant where the paper is made; and, more spe-
cifically, between two machines which wind rolls of paper. These
employees set the recording instruments attached to the winding ma-
chines, and 'record the readings when the roll 'is completed. They
make certain that the machines are functioning properly; in the
event a break in the roll occurs while the paper is being wound, they
weigh the waste material that is cut off, and determine the amount
of lineal footage to deduct from the roll. These' employees are listed
upon the same pay roll as production and maintenance employees,
and they are required to work the same number of hours. , We are of
the opinion that their interests and working conditions are sufficiently
similar to those of production and maintenance workers to warrant
their inclusion within a unit composed of such employees.
Assistant storekeeper. The Company employs one employee in this
category whose duties are to receive supplies in the storeroom located
in the same building as the machine shop, pass on invoices, figure
discounts, check fiscal inventories, and place supplies in their proper
location. He also acts as timekeeper, issues 'supplies, and advises the
THE MEAD CORPORATION 1093
storekeeper with respect to the, amount of supplies,on hand. He, is
an hourly paid employee , performing both physical and clerical work.'
He also enjoys the same privileges and working conditions as pro-
duction and maintenance employees . We are of the opinion that this
employee should be included in the unit.
Wood measurer's -assistant . The Company employs one person in
this` category. This employee is classified as a laborer, receiving a
laborer's pay, and performing a general laborer's work for at least 2
days a . week. In addition, he assists the. wood measurer in the per-
formance of the latter 's duties. The parties _ agree that the wood
measurer should be excluded from the unit , and the Company contends
that his assistant should also be excluded . However, since this em-
ployee spends a substantial portion of his working time as a laborer,
is classified by the Company as such, and is not a supervisory employee.
within the meaning of our customary definition , we are of the opinion
that he may properly be included within the unit., We shall , therefore,
include him.
Accordingly , we find that all the Company's production and main-
tenance employees at its Sylva Division , including watchmen, lab-
oratory employees ( except the assistant to the chemist), roll computing'
clerks, storekeeper 's assistant , and wood measurer 's assistant , but ex-
cluding clerical employees , timekeepers , assistant timekeepers, store-
keeper, shipping clerks, assistant shipping clerks, wood procurement
employees , wood measurer,.mail boys, porters , construction employees,
pensioners, chemists , assistant to the chemist in the laboratory , admin-
istrative , professional, and technical employees , foremen, and all other
supervisory employees with authority to hire, promote, 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 find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. The Union contends
that certain temporary employees recently- laid off by the Company
should be permitted to vote. However, the record is clear that these
persons were employed on a temporary, basis and that they will not
be reemployed by the Company unless some permanent position be-
comes available in the near future. Thus, it is speculative whether
these employees will again be engaged by the Company. In accord-
ance with our customary policy, we shall not permit them to vote
unless otherwise eligible. We shall direct that the employees of'the
Company eligible to vote in the election shall be those in the appro-
-1094 DECISIONS OF NATIONAL LABOR,RELATIONS BOARD
priate unit who were employed duri}1gthe pay-roll period immediately
,preceding the date of this 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
DnarED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Mead Corpo-
ration, Sylva Division, Sylva, North Carolina, 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 Fifth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees 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 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 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 or not they desire to be repre-
sented by Local 12866 & District 50, United Mine Workers of America,
for the purposes of collective bargaining.
CHAIRMAN MII.Lls took no part in the consideration of the above
Decision and Direction of Election.
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