West Virginia Pulp and Paper Co.

National Labor Relations Board - Board Decisions

Jan 30, 1963

140 N.L.R.B. 951 (N.L.R.B. 1963)

WEST VIRGINIA PULP AND PAPER COMPANY 951
(b) Sign and mail sufficient copies of said notice to the Regional Director for
the Twenty-first Region for posting by Gutsch, the company willing, at all locations
where notices to its employees are customarily posted.
(c) Notify the Regional Director for the Twenty-first Region, in writing, within 20
days from the date of the receipt of this Intermediate Report and Recommended
Order, what steps have been taken in compliance therewith 6
It is further recommended that unless on or before 20 days from the date of
receipt of this Intermediate Report and Recommended Order the Respondent notifies
the said Regional Director, in writing, it will comply with the foregoing recom-
mendations, the National Labor Relations Board issue an order requiring Respond-
ent to take the action aforesaid.
o In the event that this Recommended Order is adopted by the Board, this provision
shall be modified to read- "Notify the said Regional Director, in writing, within 10 days
from the date of this Order, what steps have been taken in compliance "
APPENDIX
NOTICE TO ALL OUR MEMBERS
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor Rela-
tions Act, as amended, we hereby give notice that:
WE WILL NOT engage in, or induce or encourage employees of H. L. Guts--h
Construction Co, or any other employer, to engage in a strike or threaten, coerce,
or restrain H. L. Gutsch Construction Co., or any other employer, by a strike
or picketing, where in either case an object thereof is to force or require said
employer to enter into any involuntary agreement which is prohibited by
Section 8(e) of the Act.
WE WILL NOT engage in, or induce or encourage employees of H L. Gutsch
Construction Co., or any other employer, to engage in a strike or threaten,
coerce, or restrain H. L. Gutsch Construction Co., or any other employer, by
a strike or picketing where in either case an object thereof is to force or require
said employer to cease doing business with Sullivan Electric Company, or any
other employer
BUILDING AND CONSTRUCTION TRADES COUNCIL
OF ORANGE COUNTY, AFL-CIO,
Labor Organization.
Dated------------------- By-------------------------------------------
(Reprpgentitive) (Title)
This notice must remain posted for 60 consecutive days from the date of posting
and must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board's Regional Office, 849
South Broadway, Los Angeles, California, Telephone No Richmond 9-4711, Exten-
sion 1031, if they have any question concerning this notice or compliance with its
provisions.
West Virginia Pulp and Paper Company and United Paper-
makers and Paperworkers Union, AFL-CIO. Cases Not. 5-R-
1624, 5-R-1625, 5-R-1631, 5-R-1632, 5-R-10629, and 5-RC,-36.9.
January 30, 1963
ORDER GRANTING MOTION AND AMENDING
CERTIFICATIONS
On December 30, 1958, pursuant to a Decision and Amendment
of Certifications,' the Board amended certain certifications previously
issued by it to the Union in the multi plant production and maintenance
1122 NLRB 738
140 NLRB No. 81.
952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
unit therein described.' The Board therein found, inter alia, that the
individuals occupying the classifications of pipe shop, pipe foreman,
construction; pipe shop, pipe foreman, east side maintenance; pipe
shop, pipe foreman, west side maintenance; and paint foreman at the
Employer's Covington, Virginia, plant, were not supervisors and re-
fused to exclude these classifications from the certified bargaining
unit. Thereafter, the parties entered into collective-bargaining agree-
ments covering employees in the certified unit, including the disputed
foremen. Their most recent contract expired November 17, 1962.
On June 14, 1962, prior to the expiration of the parties' then current
contract, the Employer filed a new motion to amend and clarify
certifications in the above-entitled cases, contending that when, in
1959, it eliminated the entire level of salaried superiors who were
directly over the disputed foremen, it thereby enlarged the authority,
duties, and responsibilities of the foremen so that they became, and
are now, supervisors within the meaning of the Act, and moving the
Board to amend, by clarification, the certifications to exclude each
of these classifications from the certified bargaining unit.
On June 21, 1962, the Union filed an opposition to motion to amend
and clarify certifications. On June 26, 1962, the Employer filed a
supplement to motion to amend and clarify certifications. On Au-
gust 30, 1962, the Board ordered a hearing held on the issues raised
by the Employer's motion to amend and clarify certifications, as sup-
plemented, and the Union's opposition thereto. On September 20
and 21 and October 23 and 24,1962, a hearing was held before M. Louise
Felton, hearing officer. Thereafter, the parties filed briefs. The
Board 3 has reviewed the rulings of the hearing officer made at the
hearing, and finds they are free from prejudicial error. The rulings
are hereby affirmed.
Upon consideration of the entire record in the case and the briefs
of the parties, the Board makes the following findings :
In the 1958 decision, the Board found, inter alia, that the pipe fore-
men, construction, worked "under the immediate, close supervision of
2On September 8, 1944, the Board, in a proceeding in which Cases Nos 5-R-1624,
5-R-1625, 5-R-1631 , and 5-R-1632 were consolidated , certified Paperworkers Organiz-
ing Committee , CIO, as the representative of a multiplant production and maintenance
unit. In 1950 , in Case No. 5-11-2629 , a unit of electricians was severed from this multi-
plant unit . On June 22 , 1950, in Case No 5-RC-369, the Board certified United Paper-
workers of America, CIO, the successor to Paperworkers Organizing Committee, CIO, as
the representative of a multiplant unit of machinists , for which unit the parties con-
tinued to bargain ac pact of the production and maintenance unit. Subsequently , United
Paperworkers of America , CIO, and International Brotherhood of Papermakers, AFL,
merged to form United Papermakers and Paperworkers , AFL-CIO In its order of
December 6, 1957 , the Board amended the certifications to reflect the current name of
the certified union
3 Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its
powers in connection with this case to a three-member panel [ Chairman McCulloch and
Members Leedom and Fanning].
WEST VIRGINIA PULP AND PAPER COMPANY 953
a salaried pipe superior . . . [who] works closely with the foreman on
the various problems that arise concerning the piping job," 4 and that
the pipe foreman, west side maintenance, "also works under the direc-
tion of a salaried pipe supervisor who supervises no other employees
than the foreman and his crew." 5 The Board also found an identical
relationship between the pipe foreman, west side maintenance, and
his supervisor and that, as "in the case of the Pipe Foremen," the
paint foremen "and their crews work under the immediate, continuing
supervision of salaried supervisors, who closely oversee the work,
[and] are immediately responsible for its proper performance"; 6 that
all of these foremen spend less than half their time performing work
of the kind done by the employees under them;' and that the extent
of their responsibility was limited to routine direction of the men
in their crews.
The testimony at the hearing on the instant motion shows that,
since the elimination of their immediate supervisors, the foremen
report directly to, and are directly supervised by, departmental super-
visors who also supervise other employees in their respective depart-
ments. They are no longer under immediate, continuous, and close
supervision by a supervisor who is responsible only for a particular
crew. The foremen's present supervisors, unlike those in the past,
are not available for consultation concerning immediate problems.
Hence, the foremen, on their own initiative and without specific as-
sistance from their superiors, now make more decisions and are re-
quired to exercise greater responsibility, discretion, control, and
authority over their crews and their work. Furthermore, it appears
that the foremen now spend less time than formerly in work similar
to that of the employees in their crews; that they attend supervisory
meetings from which they had been excluded ; and that each foreman
has disciplinary authority, including the authority to send a man home
for rule infractions, thereby affecting his compensation.
In viewing all of the foregoing circumstances and upon the record
as a whole, we find the disputed foremen do now responsibly direct
their crews, and such direction is more than routine. We find that
these foremen are supervisors within the meaning of the Act, and
shall grant the Employer's motion. Accordingly, we shall amend
our certifications of representatives of the unit at the Employer's
Covington, Virginia, plant by specifically excluding from said unit
the classifications of pipe shop, pipe foreman, construction; pipe
shop, pipe foreman, east side maintenance; pipe shop, pipe foreman,
west side maintenance; and paint foreman.
4 122 NLRB 738, 744.
5Id
0 122 NLRB 738, 747.
7 122 NLRB 738, 740
954 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY ORDERED that the Employer's motion to amend and
clarify certifications be, and it hereby is, granted.
IT IS FURTHER ORDERED that the certification of representatives of
the employees at the Employer's Covington, Virginia, plant be
amended to specifically exclude from the unit described therein the
classifications of pipe shop, pipe foreman, construction; pipe shop,
pipe foreman, east side maintenance; pipe shop, pipe foreman, west
side maintenance; and paint foreman.
Brown Transport Corp. and Truckdrivers and Helpers Local
Union No. 728, International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen and Helpers of America and Chauffeurs,
Teamsters & Helpers Local Union No. 621 , International
Brotherhood of Teamsters , Chauffeurs , Warehousemen and
Helpers of America . Cams Nos. 10-CA-4649, 10-CA-4653-2,
and 10-CA-4653-3. January 31, 1963
DECISION AND ORDER
On October 24, 1961, Trial Examiner David London issued his In-
termediate Report in the above-entitled proceeding, finding that Re-
spondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and take
certain affirmative action, as set forth in the attached Intermediate
Report. Thereafter,: the Respondent and the General Counsel filed ex-
ceptions to the Intermediate Report and supporting briefs.
The Board has reviewed the rulings of the Trial Examiner made at
the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and briefs, and the entire record in the
case, and hereby adopts the Trial Examiner's findings, conclusions,
and recommendations with the modifications set forth below.
The facts, as more fully set forth in the Intermediate Report, are as
follows. For some years, Respondent had been a member of a multi-
employer association which bargained with the Southern Conference
of Teamsters to which both Charging Unions belong. Prior to the
completion of negotiations for a new contract to become effective
February 1, 1961, upon expiration of the prior contract, Respondent
withdrew its power of attorney to the association to bargain on its
behalf. According to the testimony of Cook and Hurt, business agents
of Local 728, which the Trial Examiner credited, they had a conversa-
tion with Brown, Respondent's president, on January 24, 1961, in
which Brown verified the fact of his withdrawal from the association.
Cook then requested individual bargaining negotiations with Respond-
140 NLRB No. 85.