The Phoenix Toilet & Paper Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Oct 18, 1945

64 N.L.R.B. 327 (N.L.R.B. 1945)

In the Matter of THE PIIoENIx TOILET & PAPER MANUFACTURING
COMPANY, INC. and PAPER WORKERS ORGANIZING COMMITTEE,
C.I.O. '
Case No. 3-R-1030.-Decided October 18, 1945
Messrs. Hiscock, Cowie, Bruce; Lee c Mahenney, by Mr. Duane
Bruce, of Syracuse, N. Y., and Mr. Irving S. Wood, of Phoenix, N. Y.,
for the Company.
Mr. Frederick D. Sandner, of Fulton, N.'Y., for the Union.
Mr. Stanley B. Korengold, of counsel to 'the Board.
DECISION
AND
DIRECTION OF ELECTION,
STATEMENT OF TI7E CASE
Upon a petition duly filed by Paper Workers Organizing Commit-
tee, C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Phoenix Toilet & Paper Manufacturing Company, Inc., Phoenix,
New York, herein called the Company,'the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Eugene von Wellsheim; Trial Examiner. The hearing was held at
,Phoenix, New 'York, on July 18, 1945. The Company and the Union
appeared and participated. All parties were afforded full oppor-
tunity to be' heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made-at-the hearing are free from-prejudicial error, and are thereby
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
The Phoenix Toilet & Paper Manufacturing Company, Inc., is a
New York corporation engaged'in the manufacture of toilet paper.
It operates in connection with its paper production a paper mill and
64 N. L. R. B., No. 60.
327
328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a- converting mill,. located at Phoenix, New York. During the past
year the Company purchased raw materials consisting of ground
wood and sulphite valued in excess of $50,000,,'of which over 40
percent was shipped to the Company from points outside the State
of New York. During the same period the Company's finished prod-
ucts were valued at approximately $120,000, of which 50 percent was
shipped to points outside the State of New York.
We find that the Company is engaged in commerce within the°mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION 'INVOLVED
Paper Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the-Company.
M. THE QUESTION,CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of the Company's em-
ployees until the Union has been certified by the Board in an appro-
priate unit.
A statement of a Board agent, introduced into evidence at the hear-'
ing, indicates' that the Union represents a 'substantial number_ of em-
ployees in the iinit- hereinafter found 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 substantial agreement with' the parties, that all produc-
tion and maintenance employees of the Company, excluding office and
clerical workers, the plant superintendents, and all other supervisory
employees .with authority to hire, promote, discharge, 'discipline,. or
otherwise effect, changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for the purposes of'
collective bargaining within the meaning pf Section 9 (b) of the Act.
V. THE DETERII1NATION 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-
' The Field Examiner reported that the Union submitted 19 authorization cards ; that of
these 15 were dated May 1945 and 4 were dated June 1945 ; and that there are 34 person's
in the alleged appropriate unit. _
THE PHOENIX TOILET & PAPER 'MANUFACTURING CO., INC. 329
roll period immediately preceding the date of the Direction of Elec-
tion 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 the purposes of collective bargaining with The Phoenix
Toilet & Paper Manufacturing Company, Inc., Phoenix , New York,
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 Third
Region , acting iii 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 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 any 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 represented
by Paper Workers Organizing Committee , C. I. 0., for the purposes of
collective bargaining. '
MR. GERARD D. REILLY took no part in the consideration of the above'
Decision and Direction of Election.