Thoma Paper Box Co., Inc.

National Labor Relations Board - Board Decisions

Jul 30, 1943

51 N.L.R.B. 906 (N.L.R.B. 1943)

In the Matter of THOMA PAPER Box COMPANY, INC. and UNITED PAPER,
NOVELTY AND TOY WORKERS INTERNATIONAL UNION, C. I. O.
Case No. R-5701.-Decided July 30, 1943
Strebel d Strebel, by Mr. R. L. Strebel, of Buffalo, N. Y., for the
Company.
Mr. John Bilello and Mr. Joseph J. Lovas, of Buffalo, N. Y., for the
United.
Mr. Jacob Stephen, of Fulton, N. Y., and Mr. Raymond Leon, of
Fort Edward, N. Y., for the Brotherhood.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Paper, Novelty and Toy Workers
International Union, C. I. 0., herein called the United, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Thoma Paper Box Company, Inc., Buffalo,
New York, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Francis V. Cole, Trial Examiner. Said hearing was held at Buffalo,
New York, on July 12, 1943. At ,the commencement of the hearing,
the Trial Examiner granted a motion of International Brotherhood
of Pulp, Sulphite and Paper Mill Workers of the United States and
Canada, A. F. of L., herein called the Brotherhood, to intervene. The
Company, the United, and the Brotherhood appeared at and partici-
pated in the hearing, and all parties were afforded full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. During the course of the hearing,
counsel for the Brotherhood moved to dismiss the petition. The
Trial Examiner reserved ruling. The motion is hereby denied. The
Trial Examiner's rulings made at the hearing are free from prejudi-
cial error and are hereby affirmed.
51 N. L. It. B., No. 142.
906
THOMA PAPER BOX COMPANY, INC. 907
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
Thoma Paper Box Company, Inc., is a New York corporation with
its principal place of business at- Buffalo, New York, where it is
engaged in the manufacture of paper boxes. During the 12-month
period ,preceding January 31, 1943, the Company purchased raw ma-
terials valued in excess of $1,000, approximately 10 percent of which
was shipped to it from points outside the State of New York. During
the same period, the Company manufactured products valued in excess
of $25,000, approximately 10 percent of which was shipped to points
outside the State of New York. The Company admits that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Paper, Novelty and Toy Workers International Union is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
International Brotherhood of Pulp, Sulphite and Paper Mill
Workers of United States and Canada is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
. On June 12 , 1943, the United requested the Company to recognize
it as the exclusive bargaining representative of its employees. The
Company refused this request until such time as the United is certified
by the Board.
On July 13, 1942 , the Company and the Brotherhood entered into
an exclusive bargaining contract . The contract provides that it is to
remain in effect for a term of 1 year and from year to year thereafter
unless either party thereto notifies the other at least 30 days prior to
any annual expiration date of a desire to terminate . The Brother-
hood contends that its contract is a bar to the instant proceeding
and urges that the petition be dismissed . Inasmuch as the Brother-
hood made its claim upon the Company prior to June 13, 1943, the
date on Which the contract would have been automatically renewed,
we find that the contract does not constitute a bar to a determination
of-representatives at this time.
908 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
. A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the United represents a sub-
stantial number of employees in the unit hereinafter found to be
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 United urges that all production and maintenance employees
of the Company, excluding supervisory, office, and clerical employees,
foremen, and assistant foremen, constitute an appropriate unit. The
Company and the Brotherhood agree with the scope of the unit.
We find that all production and maintenance employees of the Com-
pany, excluding office and clerical employees, foremen, assistant fore-
men, and all other supervisory employees with authority to hire, pro-
mote, 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 2
V. THE DETERMINATION OF REPRESENTATIVES
We,shall direct that the question concerning representation which
has arisen be resolved by means of"an election by secret ballot among
the employees 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 Direction.
The Brotherhood requests that it appear on the ballot as "Inter-
national Brotherhood of Pulp, Sulphite and Paper Mill Workers,
Buffalo Local 466, affiliated with the American Federation of Labor."
The request is hereby granted.
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 Rela-
1 The Field Examiner reported that the United presented 50 authorization cards bearing`
apparently genuine signatures of persons whose names appear on the Company's pay roll
of June 12, 1943. There are approximately 76 employees in the appropriate' unit. . The
Brotherhood introduced into evidence an authorization petition bearing the signatures of
40• persons ,who,were,in the+ employ of .the-Company at.the time.of,theehearing.
2 This is substantially the same unit that is provided for in the contract between -the
Company and the Brotherhood.
THOMA PAPER BOX COMPANY, INC . 909
tions Board Rules and Regulations-Series 2, as amended, it is hereby
Dm arm that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Thoma Paper
Box Company, Inc., Buffalo, 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 super-
vision of the Regional Director for the Third Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, 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 tempo-
rarily 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, to de-
termine whether they desire to be represented by United Paper Nov-
elty and Toy Workers International Union, affiliated with the C. I. 0.,
or by International Brotherhood of Pulp, Sulphite and Paper Mill
Workers, Buffalo Local 466, affiliated with the, American Federation
of Labor, for the purposes of collective bargaining, or by neither.
CHAIRMAN Mruis took no part in the consideration of the above
Decision and Direction of Election.