Union Bag & Paper Corp.

National Labor Relations Board - Board Decisions

Sep 14, 1943

52 N.L.R.B. 591 (N.L.R.B. 1943)

In the Matter of UNION BAG & PAPER CORP. and INTERNATIONAL
STEREOTYPERS & ELECTROTYPERS UNION, LOCAL 28, A. F. OF L.
Case No. B-5860.-Decided September 14, 1943
Proskouer, Rose, Goetz d Mendelsohn, by Mr. Arthur E. Reyman,
of New York City, for the Company.
Mr. Leo J. Buckley, of New York City, and Mr. Daniel J. Maffeo,
of Albany, N. Y., for the Stereotypers.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Stereotypers & Electro-
typers Union, Local 28, A. F. of L., herein called the Stereotypers,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Union Bag & Paper Corp., Hudson
Falls, New York,, herein called the Company, the National Labor
Relations board provided for an appropriate hearing upon due notice
before Cyril W. O'Gorman, Trial Examiner. Said hearing was held
at Hudson Falls, New York, on August 20, 1943. The Company and
the Stereotypers appeared at and participated in the hearing." 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 Company
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 prejudicial error and are hereby affirmed.
% Albany Printing Pressmen & Assistants Union , No. 23 , and International Brotherhood of
Pulp, Sulphite &, Paper Mill Workers, Local 23, herein called the Pulp Workers , notified
the Regional Director that they did not desire to intervene in the instant proceeding.
52 N. L. R. B., No. 100.
591
592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Union Bag & Paper Corp. is a New Jersey corporation with its
principal office at New York City. We are here concerned with its
plant at Hudson Falls, New York, where it is engaged in the manu-
facture, sale and distribution of paper and paper bags. During the
12-month period ending July 1, 1943, the Company purchased raw
materials for use at its Hudson Falls plant valued in excess of $1,000,-
000, 90 percent of which was shipped to it from points outside the
State of New York. During the same period the Company manufac-
tured products at its Hudson Falls plant valued in excess of $1,000,000,
90 per cent 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.
II. THE ORGANIZATION INVOLVED
International Stereotypers & Electrotypers Union, Local 28, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 17, 1943, the Stereotypers requested the Company to
recognize it as exclusive collective bargaining representative of the
stereotypers at the Hudson Falls plant. The Company refused this
request.
On June 17, 1942, the Company entered into an exclusive contract
with the Pulp Workers, which embraced the employees claimed herein
by the Stereotypers. The contract provides that it shall Tem. ain in
full force and effect until May 31, 1943,, and from year to year there-
after unless either party thereto -notifies,the other of a desire to ter-
minate not less than 30 days prior to any annual expiration date. As
stated above, the Stereotypers made its claim upon the Company on
April 17, 1943. Inasmuch as the Stereotypers made its demand upon
the Company prior to April 31, 1943, the date upon which the contract
between the Company and the Pulp Workers would have automati-
cally renewed itself, we find that the contract does not constitute a bar
to a determination of representatives at this time.
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that the Stereotypers represents a substantial
UNION BAG & PAPER CORP. 593
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 Stereotypers urges that all stereotypers at the Hudson Falls
plant of the Company, including the foreman, constitute an appro-
priate unit. The Company contends that all its employees, including
persons claimed by the Stereotypers, constitute a single appropriate
unit.
The Pulp Workers, heretofore certified by the Regional Director as
bargaining representative for an industrial unit at the Hudson Falls
plant of the Company, including the stereotypers, no longer desires
to represent the employees claimed by the Stereotypers. Although the
Pulp Workers has a contract with the Company covering the stereo-
typers, the evidence shows that the Pulp Workers had no members at
any time among the stereotypers and that it now has no members
among such employees. The stereotypers objected to their inclusion
in the industrial unit at the time of the original certification and have
constantly made their desires for a separate unit known to the Pulp
Workers and, the Company. The Pulp Workers notified the Board
prior to the hearing that it did not oppose the claim of the Stereotypers
and its representative stated at the hearing that it does not desire
to have its name on the ballot in the event an election is ordered in a
unit consisting solely of stereotypers. Inasmuch as the Pulp Workers
has abandoned its claim to the stereotypers and the latter have never
acquiesced in their inclusion in the industrial unit, we find that a
separate unit of stereotypers is appropriate.
As stated above, the Stereotypers request that the foreman be in-
cluded in the unit. The Company contends that he should be excluded
because of his supervisory duties. The employee in dispute is a work-
ing foreman and is under the supervision of an assistant supervisor
of the printing department.. Inasmuch as working foremen with
manual duties are traditionally included in collective bargaining con-
tracts in the printing trades, we shall include the foreman in the stereo-
type department in the unit.'
We find that all stereotypers at the Hudson Falls plant of the Com-
pany, including the foreman, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9 (b)
of the Act.
2 The Regional Director reports that the Stereotypers presented an authorization peti-
. tion bearing apparently genuine signatures of six persons whose names appear on the pay
roll of the Company There are six employees in the appropriate unit.
3 See Matter of W. F. Hall Printing Company, 51 N. L. R. R. 640.
594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
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 Re-
lations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Union Bag &
Paper Corp., Hudson Falls, 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 Second Region, acting in 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, to
determine whether or not they desire to,be represented By International
Stereotypers & Electrotypers Union, Local 28, A. F. of L., for the
purpose of collective bargaining.
CHAIRMAN MiLLis took no part in the consideration of the above
Decision and Direction of Election.