The Rapinwax Paper Co.

National Labor Relations Board - Board Decisions

Aug 4, 1944

57 N.L.R.B. 1062 (N.L.R.B. 1944)

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In the Matter of THE RAPINWAX PAPER COMPANY and CHICAGO NOV-
ELTY 'AND SPECIALTY WORKERS LOCAL #385, AFFILIATED WITH THE
INTERNATIONAL PRINTING PRESSMEN 'AND ASSISTANTS UNION OF
NORTH AMERICA, A. F. OF L.
,Case No. 13-R-,24194.Decided A'ug'ust 4. 19444 \
Fyffe and Clarke, by Mr. Albert•J. Smith, of Chicago, Ill., for the
Company.
Mr. Joseph. B. Roche, of Chicago, Ill., for the Union.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by-Chicago Novelty and Specialty Workers
Local #385, affiliated with the International Printing Pressmen- and
Assistants Union of North America, A. F. of L., herein called the
Union, alleging that a question affecting commerce has arisen con-
cerning the representation of employees of Rapmwax Paper-
Com-pany,-Chicago, Illinois, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Russell Packard, Trial Examiner. Said hearing was held at
Chicago, Illinois, on June 30, 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 evi-
dence 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
I. THE BUSINESS OF THE COMPANY
Rapinwax Paper Company, a Minnesota corporation, operates - a
plant in Chicago, Illinois, where it is engaged in the manufacture of
57 N. L. R. B, No. 153.
1062
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THE RAPINWAX PAPER COMPANY 1063
wrappings for food products. During the year 1943, the Company
purchased raw ' inateri als for use at its Chicago plant amounting in
value to more than $100,000, of which more than 35 percent was ob-
tained from points ' outside the State of Illinois. During the same
period , the Company sold products amounting in, value to more than
$100,000, of which more than 35 percent was shipped to points outside
,the State of Illinois.
'The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.•
II. THE ORGANIZATION INVOLVED
Chicago Novelty and Specialty Workers Local #385 is a labor
organization affiliated with the International Printing Pressmen and
Assistants Union of North America, in turn affiliated with the Amer-
ican Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 6, 1944, a representative of the Union requested
that the Company recognize the Union as collective bargaining repre-
sentative of the Company 's employees in the unit hereinafter found
appropriate. The Company refused to grant such recognition.
A statement of the Trial Examiner, read into the record at the heart
ing, indicates that the Union represents a substantial number of em-
ployees in the unit 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
The Union seeks a unit composed of all the employees in the re-
ceiving, waxing, rewinding, cutting and sheeting, wrapping, shipping,
testing, and maintenance departments , employees of the plate room
and miscellaneous help, but excluding printing department , office, and
sales employees, executives , and supervisory employees.
The Union seeks to include the foreman of the shipping department
and the maintenance foreman, asserting in support of its position that
the Union customarily- includes such foremen in all of its collective
1The Tiial Examiner stated that the Union submitted 39 application cards dated from
Apul through June 1944, 38 of which bore the names 'of employees on the Company's
pay roll of Tune 1944, containing approximately 65 names within the appropriate unit.
1064 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargaining contracts.2 The Company opposes the inclusion of these
foremen., The record discloses that all the Company's foremen in the
departments. herein sought to be represented by the Union possess
authority to make effective recommendations concerning wage in-
creases, promotions, discharges,-and other changes in the status of
employees under their,supervision.' • They are clearly supervisory em-
ployees within the meaning of our customary definition; we shall,
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exclude the foremen.
We find that.all employees,of the, Company at its Chicago plant in
the receiving, waxing, rewinding, cutting and sheeting, wrapping,
shipping, testing, and maintenance departments, employees of the
plate room and miscellaneous help, but excluding printing department,
office, and' sales employees, executives, foremen, and all other super-
visory"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 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 Di-
rection. -
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 Rapinwax,Paper
Company, Chicago, Illinois, an election by secret ballot shall be con-
'ducte'd 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 Thirteenth Region, acting in this matter
as agent for the National Labor Relations Board and subject to Ar-
ticle III, Sections 10-and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
2 The Union concedes the propriety of exclusion of two other foremen, Milano and
Lithio, who are employed by the Company in the capacity , of general foremen or assistant
superintendents. ` '
THE RAPINWAX PAPER COMPANY 1065
who were employed during the-pay-roll period immediately, preceding
the date of this Direction, including employees who did not work dur-
ing said pay-roll period because they were ill, or on vacation, or tem-
porarily laid off, and including'employees in the armed -forces of the
United States who present themselves in person at the polls, but ex-
cluding 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 de-
termine whether or not they desire to be represented by Chicago Nov-
elty and Specialty Workers Local #385, affiliated with the Interna-
tional Printing Pressmen and Assistants Union of, North America,
A. F. of L., for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration, of the above
Decision and Direction of Election.-
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