The Sorg Paper Co.

National Labor Relations Board - Board Decisions

Jun 9, 1947

74 N.L.R.B. 5 (N.L.R.B. 1947)

In the Matter of TIIE SORG PAPER COMPANY, EMPLOYER and MIDDLE-
TOWN PAPERWORKERS ASSOCIATION, INC., PETITIONER
Case No. 9-R,9600.-Decided June 9, 1,947
Mr. Elliot D. Levey, of Middletown, Ohio, for the Employer.
Mr. C. H. Taylor, of Middletown, Ohio, for the Petitioner.
Mr. Julius Holzberg, of Cincinnati, Ohio, for the United Paper--
Workers of America, C. I. 0., Local 112.
Mr. Leonard J. Mandl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, hearing in this case was held at Middle-
town, Ohio, on April 1 and 2, 1947, before Allen Sinsheimer, Jr., hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Sorg Paper Company, an Ohio corporation, is engaged in the
business of manufacturing paper products at its plant at Middletown,
Ohio. Its annual purchases of raw materials amount to more than'
$100,000, of which over 99 percent represents shipments to its plant
from outside the State of Ohio. Its annual sales total more than
$100,000,'of which more than 25 percent represents shipments to points
outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization, claiming to represent em-
ployees of the Employer.
74 N. L. R. B., No. 2. 5
66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United Paperworkers of America, Local 112, herein called Inter-
venor, is a labor organization affiliated with the Congress of Industrial
Organizations, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
,of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
Petitioner seeks a unit of all hourly paid production and maintenance
employees, including machine tenders, head roll finishers, head pack-
ers, the time and inventory clerk, stock clerk, storekeeper, finishing
clerk, shipping clerk, sample clerks, sweepers and all hourly paid jani-
tors, foremen and physical testing laboratory employees, but excluding
,office and clerical employees, guards, and the following salaried em-
ployees: janitor, chemical research laboratory employees, foremen
and assistant foremen, superintendents, and other supervisors. The
Intervenor and the Employer do not object to the general composition
of the unit, except that they would exclude the time and inventory
clerk, storekeeper, finishing clerk, laboratory employees, and the
hourly-paid foremen. In addition, the Intervenor would exclude the
stock clerk, and the Employer would exclude sample clerks, the
shipping clerk, and hourly-paid janitors and sweepers
The disputed categories are discussed below :
Janitors and sweepers: These individuals clean the Employer's build-
ings, take care of sanitation needs and maintain the athletic field. The
Employer contends that the possibility of these employees obtaining
confidential information, because some of their duties are performed
in offices where such confidential information is kept, renders them
confidential employees. We do not agree. These employees do not
have access to confidential information relating to labor relations in
the regular course of their employment. Although it is not clear
whether the sweepers and janitors are covered by the latest contract,
The Intervenor contends that the bargaining unit should be identical with that estab-
lishbd under its prior contracts with the Employer Afters ceitification by the Board,
pursuant to consent election , the Intervenor and the Employer, on April 28 , 1943, entered
into a collective bargaining contract covering the Employer ' s production a nd maintenance
-employees , exclusive of guards and office , clen ical . laboratory and supervisory employees
This contract was renewed annually thereafter, the latest contract having terminated on
March 15, 1947.
THE SORG PAPER COMPANY 7
their predecessors who had similar duties were included in the unit..
We shall include them in the appropriate unit.' In accordance with
the agreement of the parties, we shall exclude the salaried janitor.
Shop clerks: This group is composed of the time and inventory
clerk, stock clerk, storekeeper, finishing clerk, shipping clerk, and
sample clerks. The primary duty of these employees is to keep various
production and time records. They work in the Employer's shops
under the supervision of the production superintendents. Some of
these clerks perform considerable manual labor in addition to their
clerical duties. They are paid hourly, as are the production and
maintenance employees, and have the same working conditions, senior-
ity, vacations, and increments in salary as the production and main-
tenance employees. Inasmuch as most of the shop clerks have been
included in the contract bargaining unit, and all are plant clericals
such as we customarily include in production and maintenance units,,
we shall include them.3
Laboratory employees: There are 12 employees in the physical test-
ing laboratory who are in dispute.4 They consist of 4.paper testers,
4 messengers, and the chief paper tester and 3 shift leaders, under
whom they work. All of these employees are women. They, like
the production and maintenance employees, are paid on an hourly
basis, and use the mill time clock. They also have the same working
conditions, and seniority, and receive the same vacations and salary
increases as the production and maintenance employees. The function
of the paper testers is the chemical testing of the Employer's products,
an integral part of the production process. The messengers assist in
this work, and also pick up samples, and deliver reports on tests, to
the production departments. All of the foregoing laboratory em-
ployees have been excluded from prior contracts between the Employer
and the Intervenor.
The Employer contends that the paper testers and messengers should
be excluded, on the ground that they are confidential employees. There
is, however, no evidence that their duties place them in a confidential
relationship to management within the meaning of that term as adopted
by the Board.° While ordinarily we would include in a production
and maintenance unit laboratory employees whose working conditions
2 Matter of Dothan Silk Hosiery Company , Inc, 70 N L R B. 1350 ; Matter of Los-
combe Airplane Corporation , 69 N L. It. B . 479 , Matter of The Seagrove Corporation,
69 N L R. B 749.
1Matter of Goodman 31auufaeturinq Company, 58 N L R. B 531 ; Matter of Guilford
Hosier y Company, 70 N. L. R B 1047 , Matter of Northwest Engineering Company,.
73 N. L R B. 40.
4 The parties agreed that the employees in the chemical research laboratory should be,
excluded because they are professional employees
6 Matter of Abi asive Company, 59 N L R B 1488.
8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and interests are, as here, similar to those of the production and main-
tenance employees," we will, because of the exclusion of these employees
from the contract unit in the past, order a self-determination electionj
so that they may indicate whether or not they desire to be included in
the plant-wide bargaining unit sought herein.
We shall therefore make no finding concerning the appropriate unit
for employees of the Employer pending the outcome of the elections
hereinafter ordered.
The evidence shows that the chief paper tester and shift leaders
effectively, recommend changes in the status of employees under their
supervision. Accordingly, we shall exclude them from the laboratory
voting group.
Foremen: The parties are in dispute as to the inclusion of 14 hourly
paid foremen.' With the exception of the wet machine foreman, it
appears that all these foremen spend at least half their time, and some
of them practically all their time, assigning and supervising the work
of from 3 to approximately 50 subordinates. These men receive from
10 to 25 percent higher wages than the employees whom they super-
vise. It is the duty of the foremen to make recommendations to man-
agement concerning employee transfers, disciplinary action, and pay
increases. All of them attend regular foreman meetings and have been
given special courses such as contract interpretation, maintenance of
discipline, and industrial management. Although some of these
foremen were included in the production and maintenance unit in the
1943 contract and renewals thereof, the Employer and the Intervenor
agreed in March 1945 that the Intervenor would not bargain for these
individuals, and in November 1946 the Employer discontinued checking
off their dues. The Employer states that since about the middle of
1944, when the title of foreman was adopted, it has given these men
supervisory authority and functions, and has made a sincere effort to
make them a part of management. We find that these foremen are
supervisory employees within our customary definition thereof.
Accordingly, we shall exclude them.
We shall direct that separate elections be conducted among em-
ployees in the voting groups described below :
1. All hourly paid production and maintenance employees, includ-
ing machine tenders, head roll finishers, head packers, the time and
inventory clerk, stock clerk, storekeeper, finishing clerk, shipping
6 Matter of Pittsburgh Coke cC Iron Company, 56 N L. R B 1770 ; Matter of Phillips
Petroleum Company, 57 N. L R . B 1100.
* Matter of G unnison Domes , Inc, 72 N L R B 940 ; Matter of Minneapolis Honeywell
Regulator Company, 66 N L R. B. 987; Matter of Pittsburgh Equitable Meter Company.
61 N. L. R B. 880
" Three heater foremen, six refinery foremen , one rotary foreman, one wet machine fore-
man, to yard foremen, and one finishing toreman.
THE SORG PAPER COMPANY 9
clerk, sample clerks, sweepef s, and all hourly paid janitors, but ex-
cluding office, clerical and laboratory employees, the salaried janitor,
guards, hourly paid foremen, salaried foremen and assistant foremen,
superintendents, and all or any other supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action; and
2. All hourly paid physical testing laboratory employees, including
paper testers and messengers, but excluding shift leaders, the chief
paper tester, and other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action.
As previously indicated, there will be no final determination of the
appropriate unit pending the results of the elections.
DIRECTION OF ELECTIONS"
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with The Sorg Paper Company, Mid-
dletown, Ohio, separate elections 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 Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the groups described 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 vaca-
tion 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 dis-
charged for cause ands have not been rehired or reinstated prior to
the date of the election, to determine whether or not they desire to be
represented by Middletown Paperworkers Association, Inc., or by
United Paperworkers of America, C. I. 0., Local 112, for the purposes
of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Elections.
B Any participant in the election herein may, upon its prompt request to, and approval
thereof by , the Regional Director , have its name removed from the ballot.