Valve Bag Co.

National Labor Relations Board - Board Decisions

Jun 14, 1943

50 N.L.R.B. 481 (N.L.R.B. 1943)

In the Matter Of VALVE BAG'COMPANY and TEXTILE WORKERS UNION
OF AMERICA (CIO)
Case No. R-5386.-Decided June 44, 1943
Mr. Henry R. Bloch , of Toledo, Ohio, for the Company.
Mr. W. J . Tullar, of Chicago , Ill., for the C. 1. 0.
Messrs. Isadore Kohler and Earl Taylor, of Toledo, Ohio, and
Mr. S. A . Stephens , of Fort Edward, N. Y., for the A. F. L.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America
(CIO), herein called the C. 1. 0., alleging that a question affecting com-
merce had arisen concerning the representation of employees of ,Valve
Bag Company, Toledo, Ohio, herein called the Company, the National
Labor 'Relations Board provided for an appropriate hearing upon
due notice before Louis Plost, Trial- Examiner. Said hearing was
held at Toledo, Ohio, on May 19, 1943. The Company, the, C. I. 0.,
and International Brotherhood of Pulp, Sulphite and Paper Mill
'Workers (A. F. of L.), Box and Bag Workers Local No. 187, herein
called the A: F. L., appeared, participated, and were afforded full
opportunity to be heard , to examine and cross-examine witnesses; arid
to introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. The C. I. O. has filed a brief which the Board
has considered. •
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1 I. THE BUSINESS OF TIIE COMPANY
The Valve Bag Company, a 'wholly'owned subsidiary' of the •St.
Regis Paper Company, New York City, is an Ohio corporation
50 N L. R B., No 75. .
481
482 D'E.OESaONS OF N'ATI'ONAL LABOR RELATION BOARD
engaged in the manufacture of multi-wall paper containers, printing
ink, and oil paper containers, at its plant in Toledo, Ohio, which is
the only plant with which we are concerned in this proceeding.
During the year 1942 the Company used raw material, consisting
.of paper, various chemicals, adhesives,, and thread, amounting in value
to more than $100,000, of which approximately 90 percent was ob-
tained from sources outside the State of Ohio. During the year
1942 the Company sold finished products amounting in value to more
than $200,000, approximately 60, percent of which was delivered to
points outside the State of Ohio. 'The Company employs 180 em-
ployees, at its Toledo,' Ohio, plant. The Company concedes that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATIONS INVOLVED
Textile Workers Union of America (CIO) is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
International Brotherhood, of -Pulp, Sulphite and Paper Mill
Workers, Local #187, is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE ALLEGED. QUESTION, CONCERNING REPRESENTATION
On May 22, 1942, the A. F. L., as collective bargaining represen-
tative of the employees, entered into a contract with the Company,
the term of which began May, 25,, 1942, and ended May 25, 1943.
The employees for a considerable period of time prior to the expiration
date of this contract, had been dissatisfied with their rates of pay,
and had made requests of the Company, for an increase in wages.
The Company was not willing to grant the increase asked for, but did
propose,to grant to all the employees an attendance incentive bonus
of"5'cerits per hour, conditional upon extension of the above-mentioned
contract for the term of another year. A special meeting of the
A.• F. -L. ' was held on or about January 21, 1943, to consider the
Company's offer, which was attended by approximately 100 em-
ployees, a large majority of whom voted in favor of acceptance.
It is contended by the C. I. O. that the 'contract as thus extended
does not constitute, a bar to an election at this time. We find that
there is no merit in this contention. Several witnesses on behalf of
the C. I. O. testified that, at the meeting at which the vote herein-
above referred to was taken, no announcement was made or discussion
had with respect to the proposed extension of the contract for' an
VALVE BAG COMPANY 483
additional year. The majority of the witnesses who so testified, how-
ever, indicated that, because of noise and confusion at the meeting, it
was not possible for them to be certain that such announcement was
not made. The international representative of the A. F. L., and other
witnesses, testified that the proposed addendum to the contract, making
certain minor changes in its terms, establishing the bonus of 5 cents
'per hour, and extending' the contract to. May 25, 1944, was read at '
the meeting and that the vote taken was upon motion to accept the
addendum. The addendum was introduced in evidence and, under
';date of January 22, 1943, appears to bear the signatures of repre-
sentatives of the Company, and of the international representative
and shop committee for the A. F. L. It is admitted that the C. I. 0.,
although previously so requested by some of the employees, did not
attempt to organize the Company's employees prior to March 15, 1943.
We find that the extension of the contract between the Company
and the A. F. L. was the duly authorized act of the collective bargain-
ing representative of, the employees.' We therefore hold that the
contract, as extended ' by the addendum thereto, dated January 22,
1943, is a bar to an election to ascertain representatives at this time,
and find that no question has been raised concerning the representation
of employees of the Company. Accordingly; We shall dismiss the
petition. ,
ORDER
Upon thle basis of the above findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of Valve Bag Company,
Toledo, Ohio, filed by Textile Workers Union of America (CIO), be,
and it hereby is, dismissed.