West Virginia Pulp and Paper Co.

National Labor Relations Board - Board Decisions

Dec 30, 1958

122 N.L.R.B. 738 (N.L.R.B. 1958)

,738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
agreement requiring membership in a labor organization as a condition of
employment as authorized in Section 8 (a) (3) of the Act.
WE WILL offer to Harold W. Deem immediate and full reinstatement to his
former or substantially equivalent position, without prejudice to any seniority,
or other rights and privileges, previously enjoyed and we will make said em-
ployee-whole for any loss of earnings suffered as a result of the discrimina-
tion against him.
All our employees are free to become, to remain, or to refrain from becoming,
or remaining, members of the above-named Union or any other labor organization,
except to the extent that this right may be affected by an agreement in conformity
with Section 8(a)(3) of the Act, as amended.
HARRY W. BRONSON D/B/A WESTWOOD
PLUMBERS, CULVER PLUMBERS,
Employer.
Dated------------------- By-------------------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof, and must not be
-altered, defaced, or covered by any other material.
APPENDIX B
NOTICE TO ALL OFFICERS, REPRESENTATIVES, AGENTS, AND MEMBERS
OF PLUMBERS AND STEAMFITTERS LOCAL UNION 545, AFL-CIO
Pursuant to the Recommendations of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor Rela-
itions Act, as amended, we hereby notify you that:
WE WILL NOT cause or attempt to cause Harry W. Bronson, d/b/a West-
wood Plumbers, Culver Plumbers, to discriminate against employees in regard
to their hire or tenure of employment, or any term or condition of employ-
ment in violation of Section 8(a)(3) of the Act, as amended.
WE WILL NOT in any manner restrain or coerce employees of any employer
in the exercise of the rights guaranteed them in Section 7 of the Act, except
.to the extent that such right may be affected by an agreement requiring mem-
bership in a labor organization as a condition of employment as authorized
in Section 8(a)(3) of the Act, as amended.
WE WILL notify the above-named Employer, in writing, and send Harold
W. Deem a copy, that we withdraw our objections to his employment as a
plumber, and request that he be reinstated to his former or an. equivalent
position.
WE WILL make Harold W. Deem, whole for any loss of pay suffered be-
cause of our discrimination against him.
PLUMBERS • AND STEAMFITTERS
LOCAL UNION 545, AFL-CIO,
Labor Organization.
'.Dated------------------- By------------------=--------------------
(Representative) (Title)
This notice must remain posted" for 60 days from the date hereof, and must not be
altered, defaced, or covered by any other material.
West Virginia Pulp and Paper Company and United Paper-
makers and Paperworkers, AFL-CIO.' Cases Nos. 5-R-1624,
5-R-1625,5-R-1631,5-R-1632, and 5-RC-369. December 30,1958
DECISION AND AMENDMENT OF CERTIFICATIONS
The Union is the certified bargaining representative of the pro-
,Auction and. maintenance employees at the Employer's. Covington,
iThe case caption reflects the current, name of the certified union.
122 NLRB No. 86.
WEST VIRGINIA PULP AND PAPER COMPANY ' 739
Virginia, Luke, Maryland, and Williamsburg, Pennsylvania, plants;
excluding office clerical employees, electrical employees, and super-
visors? On November 7, 1957, the Employer filed a motion re-
questing the Board to amend the outstanding certifications by
excluding from the certified unit a number of individuals who it
contends are supervisors. The Union on November 26, 1957, filed a
motion in opposition to the Employer's request and on December 6,
1957, the Employer filed a reply to the Union's opposition.
Also on December 6, 1957, the Board issued its order remanding
the case to the Regional Director and ordering, inter alia, that a
hearing be held for the purpose of taking testimony with respect to
the supervisory status of the job classifications set forth in the
Employer's motion of November 7, 1957. Pursuant to the Board's
order, a hearing was held before Henry R. Segal, hearing officer.
The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to Section 3(b) of the National Labor Relations Act,
the Board has delegated its powers herein to a three-member panel
[Chairman Leedom and Members Bean and Fanning].
Upon the entire record of the case, the Board makes the following
findings :
The Employer contends that the individuals in some 49 job
classifications which are currently within the certified unit and
covered by the current labor agreement are supervisors within the
meaning of the Act. It, therefore, requests the Board to amend
the outstanding certifications and exclude specifically the alleged
supervisory job classifications from the appropriate unit. The
Union requests the Board to dismiss the Employer's motion on
the ground that the disputed classifications are in fact nonsuper-
visory.
The individuals involved in this proceeding stand for the most
part in that difficult area of decision between those who unquestion-
ably fall in the category of the supervisor and those who with equal
certainty do not. To the Employer they rest on the lowest rung
of the supervisory ladder; to the Union, on the top rung of the
nonsupervisory. None of the employees involved possess such
unequivocal indicia of supervisory status as the authority to hire,
lay off, recall, promote, reward, or discharge employees. Neither
2 On September 8, 1944, the Board certified Paper Workers Organizing Committee, CIO,
as the representative of a multiplant production and maintenance unit. In 1950, a unit
of electricians was severed from this multiplant unit. On June 22, 1950; the Board
certified United Paperworkers of America , CIO, the successor to Paper Workers Organiz-
ing committee , CIO,.as ..the representative of a multiplant unit of machinists , for which
unit the parties continued to bargain as part of the production and maintenance unit.
Subsequently , United Paperworkers of America , CIO, and International Brotherhood of
Paper Makers , AFL, merged to form United Papermakers and Paperworkers , AFL-CIO.
In its order of December 6, 1957, infra, the Board amended the certifications to reflect
the current name of the certified union.
740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
can they effectively recommend such action. Also, unlike the indi-
viduals heretofore excluded from the unit as supervisors, those in
dispute are paid on an hourly and not salary basis.-' However, all
of the alleged supervisors have a group of employees under them
and exercise some direction with respect to the work of such em-
ployees.' Also, none of these individuals spends as much as half
of his time performing work of the kind done by the employees
under him. Moreover, the Union readily concedes that the alleged
supervisors possess minor supervisory power, but of a kind, it con-
tends, not intended to be covered by the Act's definition of super-
visor 4
In support of its position that the individuals in dispute are
supervisors within the meaning of the Act, the Employer has relied
upon a number of factors common to most all, and in some cases
common to all, of the individuals and classifications involved.
First, it has introduced into evidence job descriptions showing that
many of the alleged supervisors spend more than 50 percent of
their time in the direction of other employees. However, the
record shows that such direction of others is ascribed in various
job descriptions to agreed nonsupervisory employees, and that in
drawing up the job descriptions neither management nor union
representatives weighed the "direction of others" as there used in
terms of the statutory standard of nonroutine, responsible direc-
tion of others requiring the use of independent judgment. Thus,
the job descriptions may help to establish the fact of some direction
of others; they do not, however, demonstrate the supervisory charac-
ter or nature of that direction.
Second, the Employer sought to show that each of the individuals
in dispute can "discipline" the employees under him. At most,
however, such "discipline" except as specifically indicated herein-
after, is limited to a verbal scolding of an employee for some
infraction of minor plant rules or for failure to do his job properly.
There is nothing in the record to indicate that such exercise of the
'authority to reprimand is other than routine in nature, or that it
involves the use of independent judgment. In fact, matters of real
consequence are taken up with salaried supervision which acts, not
on a recommendation, if any, made by the alleged supervisors, but
upon its own conclusion, usually after an independent investigation,
as to what is necessary and proper."
Third, the Employer introduced evidence showing that the indi-
viduals involved here have the authority to grant (to employees
s Thus, references herein to salaried supervision relate to individuals who the parties
agree are excluded from the unit as supervisors , while references to hourly supervisors
are to individuals here in dispute.
' See: S. Rept. 105, 80th Cong., 1st sess ., p. 4 (1947).
5 United States Gypsum, 118 NLRB 20, 29.
WEST VIRGINIA PULP AND PAPER COMPANY 741
under them) short leaves of absence, of from 15 minutes to several
hours. However, the record shows ' that, in most instances, the
granting of such leave is strictly a routine matter, though the
alleged supervisor may have to decide if the immediate pressure of
work prevents granting the leave. Moreover, if the reason for the
leave request appears nonroutine, the matter may be taken up by
salaried supervision . Accordingly, on the whole record we find
no basis for concluding that the granting of temporary leaves in-
volves the use of independent judgment .6
Fourth, the Employer contends that the alleged supervisors make
effective recommendations concerning the proficiency of employees
under them upon which promotions or other personnel action is
based. However, such "recommendations" are in most instances
nothing more than comments on an employee's proficiency, and in
all cases personnel action is based upon salaried supervisions' inde-
pendent consideration of the matter.?
As the above-noted responsibilities and authorities of the indi-
viduals here in dispute do not involve in their exercise the use of
independent judgment, but rather are routine in nature, they are
insufficient taken alone to support a supervisory finding. Thus, the
supervisory issues before us do not lend themselves to a ready
solution, but rather require a nice weighing of the responsibilities
and duties of the disputed classifications to determine whether they,
in fact under the particular circumstance revealed in the record,
responsibly direct in a nonroutine manner the employees assertedly
under their control.
1. COVINGTON, VIRGINIA, PLANT
A. Classifications which are supervisory
1. Tour foremen: There are five different classifications of tour
foremen8 at the Covington plant and in each classification there
are four individuals. The tours, or shifts, of these classifications
run consecutively, without interruption, 24 hours a day and 7 days
a week. As the shifts rotate each foreman and his crew, which
numbers not less than 10 employees, work in turn both daylight and
night hours. During daylight shifts there is present supervision
over the tour foremen which, at least in certain instances, appears
to exercise such direction over the activities of the tour foremen
as to suggest that they do not, at such times, exercise supervisory
direction over their crews. However, during night shifts there is
no such supervision present overseeing the work of the tour fore-
Heckett Engineering Co., 117 NLRB 1395, 1396.
° United States Gypsum, supra.
s Tour foreman, dry run woodyard ; tour foreman, yards ; tour foreman , recovery ; tour
foreman, unbleached pulp mill ; tour foreman , carbon plant.
742 DECISIONS" OF NATIONAL LABOR' RELATIONS"BOARD
men and their crews. Such higher supervision is on call only by
telephone in those emergencies which the tour foremen feel they
cannot, or should - not, handle alone. It further appears - that the
decision to call higher supervision at night lies wholly within the
discretion of the tour foremen. Aside from the remote, contingent
telephone contact with their superiors , the tour foremen are fully
reponsible at night for the operations under them and for the
direction of their crews.
With the exception of the tour foremen, yards , the various tour
foremen are responsible for the continuing, proper operation of rela-
tively complex industrial processes , and for assuring that the
quality of the product of their departments is maintained. To
achieve the required results they must direct , assign, and instruct
their crews. The tour foremen , yards, are responsible for such
jobs as maintaining the plant grounds and loading and unloading
materials from trucks and railroad cars. They , assign crews to
such work and oversee the performance . As their crews act as a
labor pool of laborers for various other departments in the plant,
they receive many calls from different departments requesting that
certain jobs be done or laborers loaned. At such times, they must
decide what employees they can spare and what priorities to give to
many "emergency" requests.
2. Millwright foremen: There are 3 separate classifications of
millwright foremen who direct the work of crews of 5 to 27 mill-
wrights engaged in various machine repair and construction work.
They receive , at most, general instructions from salaried, supervision
and must use their own judgment in establishing job priorities and
in assigning members of their crews to the different jobs. They
usually explain the work to their millwrights , suggest methods and
procedures , and are responsible for the proper performance of
the job.
3. Machine shops, machinists foremen: The machinist foreman
is generally responsible for the operation of the machine shop
and its crew of 10 machinists . He receives his work orders in most
instances directly from the department desiring the work, plans
and schedules the work of the shop, and assigns machinists to. the
particular jobs. If necessary , he will transfer a machinist from
one job to another of greater urgency. The foreman also explains
the various jobs to the machinists , stating in some detail what he
wants done, how he wants it done, and what materials he wants
used.
4. Day foreman, dry run woodyard: The day foreman has under
him some 18 employees, mostly. laborers, who unload trucks, clean
Millwright foreman, No. 1 pulp, mill mechanics ; millwright foreman , No' 2; pulp, ill
mechanics ; millwright foreman, papermill mechanics.
WEST VIRGINIA PULP AND PAPER COMPANY 743-
up the yard area, move equipment, and perform other related tasks.
In addition to overseeing such work, the day foreman is also,
responsible for the operations of the sawmill. Generally, the day
foreman's schedule is set' up by salaried supervision. However, he-
assigns crews to various jobs and, although the work is largely
routine, as the need for a particular job being done varies from
day to day; the day foreman is required to reassign men to jobs,
of immediate priority. As the sawmill is not in continuous opera-
tion, it is the day foreman's responsibility to determine when it
will be run and to assign a crew for that purpose.
5. Yard foreman: There are 2 yard foremen who direct the-
activities of some 37 employees, principally yard laborers. The-
work of this group involves such tasks as keeping the plant grounds,
cleaned up and loading and unloading trucks and railroad cars.
The laborers usually work alone or in small crews. The yard fore-
men determine the number of employees needed for, and assign
them to, each job, taking such other measures as are necessary for-
the performance of the work. Furthermore, the yard foremen are
the immediate superiors of the tour foremen, yards, while working:
daylight hours, and have the responsibility and authority to direct
the tour foremen and through them the tour crews.
6. Warehouse foreman, carbon plant: There is a warehouse fore-
man, an assistant foreman, and 17 regular employees in the ware-
house. The supervisory status of the foreman is alone in dispute..
He spends most of his time in the warehouse office where, aside
from performing other clerical duties, he receives customer orders-
-and checks them against inventory. Each morning, the employees
-report'to the office and the foreman assigns them to their particular-
jobs for the day. He notifies the assistant foreman of the assign-
ments and also instructs him on precautions to be observed or special
methods to follow. in loading materials. About three times a day
he inspects the warehouse operations to see that the work is pro-
ceeding properly. On one occasion the foreman stopped an em-
ployee's pay for failing to do his work as directed.
There is also a salaried supervisor responsible for the warehouse,
operations. He does some planning for the warehouse and inspects
it at least once a day. However, it, is the foreman and not the-
supervisor who appears to be responsible for the day-to-day opera-
tions of the warehouse and the work of its crew and there is no
evidence that he works under the close continuing supervision of
.the salaried supervisor or that his authority extends to only
routine matters.
On' the basis of the evidence in the record, as summarized above,,
76-find: that the various- tour foremen, millwright foreman, the,
machinist 'forem'an, day foreman, yard' foreman, and. warehouse
744 DECISIONS OF NATIONAL LABOR RELATIONS 'BOARD
foreman exercise true supervisory authority. They are. responsible
for the operations of their departments and for the work of the
crews under their jurisdiction. Though in some instances the work
of the foreman and crew is in large part routine, the record, never-
theless, shows that there is a substantial area in which the foreman
is required in his own discretion to make decisions concerning opera-
tions which directly affect the employees under him. There is no
evidence, aside from that affecting day shift work of tour foremen,
that any of these foremen are under the close, continued control
of higher supervision. Accordingly, we find that the individuals
in the above classifications responsibly direct in a nonroutine man-
ner the work of employees under them and are therefore, super-
visors within the meaning of the Act."' We shall, accordingly,
amend the certifications and exclude them from the unit.
B. Classifications which are not supervisory
1. Pipe shop, pipe foreman: There are three pipe foremen-
construction, east side maintenance, and west side maintenance.
The pipe foreman, construction, directs the work of a crew of
some 18 employees. He works under the immediate, close super-
vision of a salaried pipe supervisor who instructs him on the jobs
to be done and supplies him with certain information for his guid-
ance. The supervisor also works closely with the foreman on the
various problems that arise concerning the piping jobs.
The pipe foreman, east side maintenance, directs the work of a
crew of approximately 19 pipefitters. He also works under the
direction of a salaried pipe supervisor who supervises no other
employees than the foreman and his crew. The supervisor is
primarily responsible for the planning and scheduling of the piping
jobs, determines the materials to be used, and from time to time
inspects the operations of the various pipe crews. Though the pipe
foreman participates to some extent in planning jobs, his responsi-
bility seems to be mainly limited to setting out the details of a job
for his crew, although on occasion the pipe supervisor will also do
such work.
The pipe foreman, west side maintenance, has under him a crew
of 18 employees. He assigns these employees to their various jobs
in the plant and handles many of the work details. He works
under the direction of a salaried pipe foreman and crew. The
record is not clear concerning the extent of control exercised by
the supervisor over the foreman and' pipe operations. It does
lO price-Pfister Brass Mfg. Co ., 115 NLRB 918 ; ^Harvill Corporation , 116 NLRB 1549,
1550. The tour foremen's responsible direction of the employees in their crews is further
shown by the fact , that on night shifts, they are the only persons present in the plant
with any authority over the crews. Lever Bros . Company, 116 NLRB 542 , 545 ; •Harvill
Corporation, supra.
WEST VIRGINIA PULP AND PAPER COMPANY 745
appear, however, that all job orders cross the supervisor 's desk and
that he schedules the more important jobs. Moreover, the job de-
scription for the pipe foreman , west side maintenance , is identical
to that of the other pipe foremen discussed above. Under such
circumstances, and as no evidence appears to the contrary, we cannot
conclude that the relationship between this foreman and his super-
visor is materially different from that which exists between the
other pipe foremen and their immediate supervisors.
2. Assistant millwright foreman: There are four assistant mill-
wright foremen, each heading a crew of some four or five mill-
wrights engaged in steel erection and general mechanical work.
The crews, including the foremen, are assigned to their jobs by
salaried supervision which also plans and schedules all the work of
the millwright crews, the assistant foremen being primarily respon-
sible for the on-the-job details of the work.
3. Assistant carpenter foreman: There are 2 assistant carpenter
foremen, each with a crew of approximately 11 employees. The
scheduling of jobs is done by salaried supervision which determines
the number of employees for each job. The assistant foremen assign
the individual carpenters to the particular job on the basis of
information "fed" to them by salaried supervision which also, not
infrequently, deals directly with the carpenters rather than through
the assistant foremen.
4. Assistant finishing foreman, No. 2 boardmill: There is one
assistant finishing foreman whose work concerns operations which
convert raw paperboard into finished products meeting customer
specifications. Approximately 13 employees are involved in these
operations . Production planning and scheduling are done by sala-
ried supervisors. The foreman is required to work within the
schedules so established but may make minor variations imposed by
particular production problems as long as the deadlines are met.
Customer orders are placed by salaried supervision in time sequence
on a clipboard. From each order the assistant foreman fills out a
ticket setting forth the specifications of the paperboard to be pro-
duced and gives the ticket to the machine operator who then pro-
duces the required board. The assistant foreman checks to see if the
board meets specifications , though quality control is basically the
responsibility of salaried supervision . The assistant foreman is
also responsible for working with the box shop foreman to coordi-
nate the box shop production with finishing operations . There is
nothing further in the record, aside from those matters such as
alleged authority to discipline dealt with above , to indicate the
nature of the authority or responsibility of the assistant foreman
with respect to the finishing employees and box shop operations.
746 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD
5. Labor foreman: There are 2 labor foremen, each with a crew
,of approximately 11 laborers, who are engaged in heavy building
!construction and who also assist other classifications, as millwrights,
where regular labor work may be involved in their jobs. The labor
foremen usually instruct their crews as to details of the work to be
-done. General job assignments come from salaried supervision:
There is no other evidence beside those factors considered above
that indicates the nature of the authority possessed by the labor
foremen.
. 6. Paint foreman: There -are two paint foremen who work in
different areas of the plant. Each has a crew of about 11 painters.
Salaried, supervision, with minor participation by the foreman,
establishes painting schedules, deciding what is to be done and
where. The foremen then assign painters to the various scheduled
jobs. Though the foremen nominally have authority to deviate
from the established schedules, such variations normally go through
salaried supervision or are, on occasion, made at the request of the
supervision of some other department. The foremen are responsible
for deciding the routine on-the-job details of how a job is to be
-done, and inspect and approve the work.
7. No. 6-7 finishing foreman: There is 1 finishing foreman
whose responsibilities run to some 27 employees. The planning of
the work for these employees is done mainly by salaried supervision
with the foreman in attendance. Emergency changes in the plans
are also matters for salaried supervision. The foreman's primary
responsibilities are to inform machine operators and other em-
ployees what is required by the plans, and to check to see that
customer specifications and quality are met.ll If a question arises
concerning quality, salaried supervision takes the matter under con-
sideration. The record is silent concerning the nature of the fore-
man's direction of employees under him and the discretion, if any,
which he exercises in carrying out his responsibilities.
Upon a careful consideration of the evidence dealing with the
classifications discussed above, we conclude that the evidence fails
to establish that the individuals in these classifications are super-
visors .12 Although in most instances they direct to some extent
-the work' of ' others, the fact that an employee may transmit orders,
"Testimony with respect to a number of classifications shows that the alleged super-
visors inspect to see if the work is being done properly or has been satisfactorily completed.
However, such, testimony frequently fails to show whether or not the person making the
inspection is responsible for the proper performance of the work or whether he. is, in
fact, no more than an inspector of the kind frequently found by the Board not to be a
supervisor.
It is well settled that the. Board , will not disturb an established bargaining relation-
snip unless required to do so by its own policy or the requirements of the Act. Cf. The
Murray Company of Texas , 107 NLRB 1571, 1573; Westinghouse Electric Corporation,'89
NI:RB 8, 10; Illinois Cities Water Company, 87 NLRB 109, 110-112. See, also, Potomac
:Electric Power Company , 111 NLRB 553, 557, 558.
WEST VIRGINIA PULP AND PAPER COMPANY 747
instruct and correct other employees, or set up jobs and assign elrr-•
ployees, does not necessarily give him supervisory status.13 Here,
in the case of the pipe foremen, assistant millwright foremen; and
assistant carpenter foremen, the record established that their dis-
cretion is severely limited by the fact that they and their crews
work under the immediate, continuing supervision of salaried super
visors, who closely oversee the work, are immediately responsible
for its proper performance, and exercise their discretion with
respect to all phases of ' the work, excepting only in some cases the
on-the-job details.14 With respect to the paint foremen and the
No. ' 6-7 ' finishing foreman, there also appears to be sufficiently close
immediate supervision of their operations by salaried supervision,
so that, on the record before us, we cannot find in view of such
supervision that they responsibly direct the employees in their
crews. As for the assistant finishing foreman, the record fails to
establish that he is anything more than a conduit for transmitting
orders of the salaried supervisors. As the labor foremen appear to
have no substantial authority beyond routine on-the-job direction
of employees, there is no basis for concluding that they are
supervisors.','
II. LUKE, MARYLAND, PLANT
A. Classifications which are supervisory'
1. Tour foreman or supervisor :17 There are six classifications of
tour foremen or supervisors18 at the Luke plant whose supervisory
status is in issue here. These foremen work on rotating shifts.
During night hours there is no salaried supervision present over-
seeing the work of the tour foremen and their crews, and it is clear
from the record that, at such times, if not during the day, these
tour foremen, like those at the Covington plant, supra, are wholly
responsible for the operations they oversee and for the direction of
their crews. Furthermore, there is no basis for finding that their
work, which involves relatively complex production and chemical
processes, is routine in nature.
2. Straight sheet supervisor: There are 3 straight sheet super-
visors who work daily on 3 shifts and direct some 30 employees
18 Wm . R. Whittaker Co. Ltd., 117 NLRB 339, 345 ; Martin Aircraft Tool Company, 115
NLRB 324.
u New York Shipping Association Inc., etc., 116 NLRB 1183, . 1187.
15 Cf. Phillips & Buttorft Corporation , 118 NLRB 800, 801.
"Although the classification of assistant superintendent , 4-5 machine room , paper mill,
was originally in dispute , the parties agreed at the hearing, and we find , that the occupant
of this position is a supervisor within the meaning of the Act.
. 17 The correct title of many of the classifications at the Luke plant is at best unclear.
Witnesses for the Employer generally used the term "supervisor"; though they frequently
used interchangeably the title of "foreman." Moreover, the formal job descriptions
frequently carried designations such as "gang leader " or "gang boss."
38?Tpur foreman,q, beaters, wet laps, , and save , alls ; tour foreman, 1-2-3 paper machines ;
tour' foreman ' 4-5 `paper • machines ; ' tour' foreman 6-7 paper 'machines ; tour foreman,
calendars and rewinders ; tour foreman, machine coating.
748 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
who inspect and count paper sheets and- pile them on skids for
shipment. Each supervisor receives orders for paper and it is his
responsibility to see that they are properly filled. Though order
processing is to some extent routine, many orders have particular
specifications and, thus, require close checking by the supervisors
to insure that they are filled properly. In carrying out their duties,
the supervisors assign employees to various jobs and in cases of
absentees see that temporary replacements are secured. On the
night shifts there is, apparently, no salaried supervision present
responsible for the work of the supervisors and their crews.
3. Trimmed sheet supervisor: The trimmed sheet operation is a
24 hour, 3-shift operation with a supervisor and crew of about 40
employees on each shift. The supervisors rotate between day and
night work and during the latter period there is apparently no
salaried supervision on duty overseeing their operations. The
trimmed sheet operation involves the inspection, trimming, and
preparation of paper for shipment. Scheduling of the work and
orders is done by salaried supervision. The supervisors are respon-
sible for the proper functioning of the trimming operations and
inspect to see that machinery is operating properly and that specifi-
cations are being met. If a machine is not functioning correctly,
the supervisors will either call in a mechanic to effect repairs or
will shut down the machine until fixed. They also generally oversee
the work of employees in their crews in order to maintain the
efficiency of the trimming operations.
4. Quality supervisor and production supervisor in the cutter
department: There are three quality supervisors and three produc-
tion supervisors who work on a three-shift basis, one of each -being
on duty on each shift. They jointly supervise on each shift approx-
imately 30 employees. The production supervisors are, as their
classifications indicate, responsible for the volume of production of
the department. They plan the priorities of orders for the loading
and operation of the cutters, make decisions with respect to what
particular job a machine should be run, and decide the number of
rolls of paper to be cut at one time.
The quality supervisors concentrate on the quality aspects of
production. While the production supervisors, are generally con-
cerned with the operations of all the cutters, the quality supervisors
are more likely'to limit their immediate attention to those machines
having quality problems. In carrying out their responsibilities, the
quality supervisors may pick out rolls of proper color to be loaded.
on a machine, designate how many rolls an operator should run
and, if production difficulties affecting quality arise, may stop opera-
tions until the fault is corrected. This work of the quality super-
visors, like. that of the production supervisors, requires dealing
WEST VIRGINIA PULP AND PAPER COMPANY 749
directly with the operating employees, instructing and directing
them in their work. Thus, it appears that the two classifications
of supervisors are responsible for the successful operations of the
department, each with respect to his own specialty.
5. Welding shop supervisor: There are in the welding shop ap-
proximately 15 employees and 1 leadman who work under the
direction of the supervisor. The shop does welding for the other
departments in the plant. Work requests from these departments
usually go straight to the supervisor who schedules the orders and
assigns welders and equipment to the various jobs. He checks on
the progress of the work and is responsible for the jobs being
satisfactorily completed;
6. Millwright supervisor, crews and shops: The millwright super-
visor directs the work of 3 leadmen and 38 millwrights, A, B, and C,
who are engaged basically in the maintenance of production equip-
ment in the papermill. Job planning and scheduling is done by
salaried supervision in conference with the supervisor. Usually, the
work requires that the millwrights be divided up into small groups
to do particular jobs. The size and composition of such groups
are determined primarily by the supervisor. The leadmen who
work under the supervisor are concerned at any given time with
the specific details of some one job to which they are assigned, while
the supervisor is continuously responsible for the overall supervi-
sion of the millwrights and their activities.
. 7. Pipe shop supervisor: There are 2 pipe shop supervisors
whose responsibilities run to different areas of the plant and who
direct the work of a leadman and 40 pipefitters A, B, C, 'and D.
'These employees are engaged in the installation, maintenance, and
repair of pipe 'lines, valves, and other pipe equipment.. There is
also a salaried pipe foreman who supervises the pipe supervisors
and their crews. Planning of the pipe work is done by the salaried
foreman in conference with the supervisors. However, the execu-
tion of the plans appears to be the responsibility of the supervisors.
They assign the pipefitters to the particular job, explain the job
details, and inspect the various jobs while in progress. However,
the salaried foreman also tours the plant checking jobs, spending
about half his time at such work.
8. General mechanic supervisor: There are six general mechanic
supervisors. They each have charge of a crew of from 5 to 20
.employees who altogether make up a group of some. 60 employees
engaged in construction and machinery installation. The immediate
supervisors of, the six supervisors are the general. supervisor of
general mechanics and his assistant who also have jurisdiction over
employees other 'than' the . general mechanic supervisors and their
crew. ' The Job to :be . handled. by the hourly supervisors • and the
750 DECISIONS OF' NATIONAL LABOR' RELATIONS _BOARL
size of their crews, which is largely based, on the requirements of
the particular job, are determined by salaried supervision. How-
ever, the responsibility for carrying out the plans and for establish-
ing the method of performing the particular job appears to be
primarily that of the hourly paid • supervisors. They assign the,
employees to their particular tasks according to the skill required,
advise them with respect to performance of the work, and inspect
the work to assure its being properly done.
9. Sheet metal supervisor: • There is one sheet metal supervisor
who directs the work of six employees classified as tinners A, B,,
and C, who work either individually' or in small crews on sheet
metal both in their shop and at various locations in the plant..
Though salaried supervision plays some role in the planning of
sheet metal work, it appears that the hourly paid supervisor
engages to a substantial degree in such planning. He assigns the
tinners to their particular jobs and directs the performance of the
work. He also does designing upon which the actual metal work
is based.
10. Labor supervisors, east end and west end: • The 2 labor super-
visors each directs the work of approximately 16 laborers, who are
generally engaged in various loading, unloading, storage, and other
material handling work. The laborers usually work in subgroups
at many different locations about the plant. Each morning salaried
supervision meets with. the labor supervisors and defines the various,
jobs to be done that day. The job orders are given to the super-
visors who are then responsible for their execution. Both salaried
supervision and the hourly paid supervisors determine the number
of employees needed for a given job. It is, however, the latter
supervisors who assign the employees to the particular subgroups
and,who tour. the plant overseeing the work of the laborers. Aside
from requiring the submission of job completion forms, salaried
supervision' does not usually follow up the orders given the super-
visors to see that they have been carried out.
11. Salvage supervisor: There is one salvage supervisor whoa
oversees the work of approximately five employees engaged in
salvage work with respect to steel, lumber, pipe, and other materials..
The supervisor is responsible for seeing that the material which is.
received from plant departments is properly stored and in some,
cases must decide whether or not scrap should be saved or destroyed..
He receives orders from various departments and directs the em-
ployees in his group to fill them. The only regular contact the
supervisor has with salaried supervision is 'a daily conference in
his office.
12. Bleach plant supervisor: There is 1 bleach - plant supervisor
who is' under the immediate supervision of the salaried bleach plant.
WEST VIRGINIA PULP AND PAPER COMPANY 751 '
superintendent and who oversees the operations of the bleach plant
and its 28 employees. The bleach plant, a continuous operation,
involves basically prescribed chemical processes. The supervisor-
must make certain that all the operators are on duty and must
acquire substitutes for those who do not report in. He receives
laboratory reports from the superintendent and if these reflect a.
fault in operations, he undertakes to have the difficulty corrected,.
which may involve his assigning employees in the bleach plant
maintenance group to the job. He also, like the superintendent,.
makes frequent tours of the bleach plant to check generally on the-
operations. At night when no supervision is present in the bleach.
plant, the supervisor is on call, and is frequently called, by operators
at such times to handle various problems that arise.
13. Labor gang supervisor: There is 1 labor gang supervisor-
and approximately 19 employees in the labor crew. The supervisor,
reports directly to the pulp production supervisor who is the im-
mediate superior of five other pulpmill supervisors. The labor
gang performs clean up jobs in the pulpmill, unloads chemicals,
and does other labor work. The gang is not concerned with opera-
tions of machine and building maintenance. The labor supervisor-
receives job assignments from different departments or divisions in
the pulpmill, assigns laborers to do the work, describes the problems
of the job, and inspects to see that the work has been done properly.
Although he appears to be a "man of many bosses," there is no,
evidence that any of these "bosses" closely oversees his work or that
of the employees in his gang.
14. Calendar and rewinder supervisor: The supervisor, who is:
hourly paid, reports directly to the general finishing superintendent
and has under - him some clerical employees, a salaried assistant
supervisor, and engineer, and 8 shift or tour foremen who direct
the work of some 158 employees. Unlike all but one of the other
individuals here in dispute, the supervisor handles the first step
grievance under the Union's contract and also has the authority to
write disciplinary letters of warning to employees. The supervisor-
is generally responsible for the calendar and rewinder operations.
He issues orders and instructions to the tour foremen concerning
such matters as machine schedules and special orders. He also
makes all final decisions with respect to major shutdowns or modi-
fications of machinery that would seriously affect production or-
the method of.operation. Past supervisors have been paid on salary
basis, the present supervisor preferring, however, to receive hourly
pay.
15. Box shop supervisor: There is one box shop supervisor who,.
like the calendar and rewinder supervisor, reports directly to the
general finishing superintendent. He has under his direction 19
752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees who are engaged in the manufacture of skids, cases,
wedge blocks, and other products. The supervisor receivers orders
directly from the department needing the product. He then plans
the flow of the work through the shop, which requires among other
things setting priorities on orders and establishing the quantity of
various items to be produced at one time. He inspects the wood
used in the products to insure its being up to grade and is generally
responsible to see that qualified men are on the job and that output
of the shop meets specifications. The supervisor handles the first
step grievances under the Union's contract.
16. Control laboratory supervisor: The control laboratory super-
visor has under him some 28 employees, mainly paper testers. His
primary function is to arrange work schedules and assign the work
to the paper testers in the control laboratories. He runs rechecks
on the tests of the paper testers and checks both the instruments
used by, and the techniques of, the testers. He also inspects the
testers' reports, corrects testing procedures and instruments, and
is responsible for seeing that the paper tests are run regularly as
required. When requested by operating departments, he may work
variations from the usual routine testing in order to have testers
make more frequent tests on certain products or processes, and he
reassigns employees to cover the changed workload. The testers
do shift work and on night or weekend hours when no supervision
is present they will call the supervisor if difficulties arise or, if he
is unavailable, seek help from salaried supervision.
The evidence shows that the individuals in the above 16 classifica-
tions at the Luke plant are supervisors. The calendar and rewinder
supervisor clearly is relatively high in the supervisory hierarchy
and in dispute here solely because he prefers to be paid on an hourly
rather than salary basis. As for the other individuals involved,
each directs the work of a 'group of employees; is responsible for
the proper functioning, of7 the production operations or completion
of maintenance jobs which he oversees; and it is clear from the
nature of the work and the direction exercised that each must use
independent judgment in carrying out. his responsibilities. Further-
-more, there is no evidence that these classifications are under the
close, continuing supervision of their sup'eriors.19 Consequently,
we find they responsibly direct, in a nonroutine manner, other
employees, and are, thus, supervisors within the meaning of the Act.
16 See cases cited footnote 10, supra. . With reference , to the pipe shop supervisors, the
record is unclear as to the precise extent of salaried supervisors ' direction of their work.
However, absent a finding that these supervisors are in fact statutory supervisors, there
would exist the high ratio of 4 ,3 employees to 1 salaried supervisor, a situation which,
,we believe , warrants our. finding in view of the 'other evidence that the pipe shop
supervisors are supervisors within the meaning of the Act., Cf . Swift & Company, 119
NLRB .1556.,
WEST VIRGINIA PULP AND PAPER COMPANY 753
B. Classifications which are not supervisory
1. Millwright supervisor, pulpmill: There are 18 millwrights in
the crew under the millwright supervisor. They are engaged
primarily in the repair and maintenance of production equipment
in the pulpmill. There is also a salaried pulpmill supervisor who is
in charge of these millwright operations and who supervises no
employees other than the millwrights. These employees usually
work in small crews at various locations in the pulpmill. The
composition of these crews is determined by the salaried supervisor
and millwright supervisor in daily conferences. The details of the
day-to-day type of maintenance work is usually handled by the
hourly supervisor, while on major equipment installations the
salaried supervisor would work with the millwright supervisor on
such details. The major portion of the latter's time is spent in
touring the plant inspecting the jobs in progress. In an emergency
situation he can shift one employee from one job to another but
on doing so immediately notifies his salaried superior, who also may
make such changes of assignment. Job planning or scheduling is
done by the two supervisors in conference.
2. Lubrication inspector: Under the lubrication inspector there
is a crew of approximately 10 employees engaged in lubricating
papermill production machinery. Also, over this crew, including
the inspector, is a salaried lubrication supervisor who supervises the
lubrication department and the 10 lubrication employees. The
lubricators are assigned by the supervisor in conjunction with the
inspector to various areas in the papermill to which they report
each day. The supervisor with the inspector also establishes the
lubrication check list for each machine which sets forth the require-
ments of the job to be followed by each lubricator. Once the list
is established the work is largely routine. The inspector is primarily
responsible for touring the plant to see that the machinery has been
lubricated as specified and that it is not running improperly due to
failure in the lubricating system. The supervisor also makes such
inspection tours from time to time. Lubricating is a 7-day-a-week
job. The supervisor works week days only; while the inspector
is on duty every other weekend. However, on the alternate week-
ends a lubricator works as a relief for the inspector.
3. Paint shop supervisor: There is 1 paint shop supervisor and
10 painters who work on painting jobs at various locations in the
plant. Over these operations is a salaried paint shop foreman who
supervises only the painters, the hourly supervisor, and their work.
The planning or setting up of jobs is primarily the responsibility
of the salaried foreman. However, in such work, he consults the
supervisor and together they decide the number of men needed to
505395-59-vol. 122-49
754 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
do a particular job, the materials to be used , and the method of
application. Any emergency transfers of painters from one job
to another is a joint decision of the foreman and supervisor. The
painters are directed to their particular job by the supervisor who
is basically concerned with the execution of the planned jobs. He
apparently directs the performance of the work and inspects when
a job is completed. The salaried foreman also may engage in
on-the-job direction of. the painters.
4. Bleach, room supervisor: The operations of the bleach room20
are a 24 hour-a-day chemical process. There are 3 shifts with
approximately 10 employees on each shift covering these opera-
tions. In charge of the bleach room is the salaried pulp production
supervisor and immediately under him is the salaried pulp produc-
tion engineer who is the immediate superior of the bleach room
supervisor here in dispute. These three individuals work daylight
hours only. There is concededly no supervision on duty during
night shifts, and if an emergency arises at that time , salaried super-
vision and not the bleach room supervisor is notified.
It is the responsibility of the bleach room supervisor to tour the
bleach room to check on the condition of equipment and operations
and to take corrective measures to maintain the quality of the
pulp. He may effect a minor shutdown of operations for such
purposes. If, however, a major. shutdown is required, the matter
will be handled by salaried supervision. He also may instruct the
operators with respect to the better operation of their equipment
and the increasing of their production. Each morning a meeting
is held by salaried supervision with the supervisor. Such matters
as require attention' are discussed and usually the supervisor is
delegated to see that proper corrective measures, suggested either
by himself or salaried supervision, are carried out. On occasion,
however, salaried supervision will directly oversee the operations
of their department. Another important aspect of the supervisor's
work is to have the machinery and other equipment placed in good
operating condition for the night shifts.
As the above summary shows, there are in the bleach room during
the day 2 salaried supervisors and the hourly supervisor overseeing
the work of only 10 employees. Also, the record indicates that
salaried supervision, especially the engineer, performs to some ex-
tent the same kind of work as does the hourly supervisor, and,the
record fails to establish that the bleach room supervisor has any
greater authority than to relay instructions of salaried supervisors
and to carry out relatively routine functions.
21 The bleach room operation is entirely separate from that of the bleach plant. The
latter involves producing certain bleaching and other chemicals, while the former involves
the actual bleaching of pulp.
WEST VIRGINIA PULP AND PAPER COMPANY 755
5. Machinist supervisor: There are 16 machinists and the machin-
ists supervisor in the machine shop which does regular machinists
work for the plant departments. The supervisor receives the job
orders which he assigns to the various machinists. However, the
evidence fails to establish that he must use independent judgment
in carrying out his responsibilities and the record indicates that
salaried supervision closely oversees the work of the supervisor and
the machinists.
6. Loading supervisor, papermill: There are 2 loading super-
visors who oversee the work of two crews of 7 and 13 employees
engaged in loading paper into railway cars and truck trailers. The
immediate superior of the supervisors is the salaried shipping and
loading superintendent who keeps apprised of the amount of paper
to be loaded, the different sequences of loading, and daily passes
instructions along to the supervisors, who oversee the actual loading
of the cars. They may pick a car to be loaded, reject a car if
defective, have employees clean out a car, and are generally respon-
sible for the condition of the car and for assuring that loading
specifications are met. The superintendent, however, tours the load-
ing areas and, if he discovers a car improperly loaded, will direct
the supervisor to have the fault corrected. He also keeps an espe-
cially close check on the handling of special cars and on situations
involving new loading procedures. to see that the supervisors are
handling them properly. Thus, it would appear that the supervisors
are mainly responsible for the details of loading in the usual,
routine situation, while the superintendent directly oversees the
novel or special situation.
The above six classifications include individuals who to some
extent direct the activities of other employees. However, in each
instance there is present salaried supervisors whose duties are
limited to overseeing the same work and same employees as the
persons here in dispute 21 Although the degree of salaried super-
visions' control over, and immediate supervision of, the hourly
supervisors and their crews is not in all instances clearly reflected
in the record, it appears from the evidence that such control and
supervision are extensive. Moreover, the facts fail to show affirma-
tively that the hourly supervisors do exercise independent judgment
with respect to either the organization of the work of their crews
or the direction of employees in the crews. Thus, we find that the
record fails to show that the individuals in the above classifications
are supervisors within the meaning of the Act.22
21 Except for the shipping and loading superintendent who has under him about five
enrnloyees in addition to those in the loading supervisor's crews.
z See cases cited in footnotes 13, 14, and 15 , supra, and Gill Glass c6 Fixture Company,
116 NLRB 1540, 1541. A finding that the bleach room supervisor is a statutory super-
visor would, moreover, create for daytime operations a high supervisory ratio of 1
supervisor to 33^ employees. Cf. United States Gypsum Co., 119 NLRB 1415.
756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
M. WILLIAMSBURG, PENNSYLVANIA, PLANT
There are but two job classifications in dispute at the Williams-
burg plant.
1. Tour foreman, pulpmill: There are three tour foremen who
work only night shifts when, for the greatest part of the time, no
salaried supervision is present. On each shift there are 15 em-
ployees. The foremen are generally responsible for the continued,
proper operation of the mill and toward this end they tour the
mill inspecting for troubles that may arise and directing where
necessary the work of the employees. They can shut down opera-
tions to effect minor repairs. Long shutdowns, however, are ordered
by salaried supervision only. We believe it is clear that the fore-
men are responsible on their shifts for the mill operations and that
their duties require the use of independent judgment in the non-
routine direction of employees. Accordingly, we find they are
supervisors and shall exclude them from the unit.23
2. Yard boss : There is 1 yard boss and a yard crew of approxi-
mately 11 employees engaged in various jobs such as maintaining
industrial railroads, unloading. materials, and cleaning and repairing
woodtrucks and other yard equipment. The yard laborers usually
work at different locations in the yard, their assignments to par-
ticular jobs being made either by salaried supervisors or the yard
boss. The boss tours the jobs in progress to see if the work is
proceeding properly and if the job is satisfactorily completed. He
also may spend a substantial part of his time doing labor work.
However, there is an assistant yard boss who usually works directly
under salaried supervision which normally is out in the yard at
least 40 percent of the time and under normal circumstances may
be present a much greater percentage of the time 24 Though it is
clear that the boss directs the work of other employees, the record
does not establish that this direction requires the use of independent
judgment; on the contrary, the fact that salaried supervision is
present in the yard, a considerable part of the time and partakes in
assigning and transferring employees, indicates that independent
judgment is not required. Accordingly, we find that the record fails
to establish that the yard boss is a supervisor within the meaning
of the Act 25
In view of the foregoing, we shall amend our certifications of
representatives with respect to the employees included in the unit
by specifically excluding the individuals in the classifications listed
e3 See footnote 10, supra.
SA The yard boss' top supervisor is the outside superintendent who testified that he
was in the yard not more than 40 percent of his time. However, the superintendent has
a salaried assistant who at the time of the hearing was on temporary military leave.
The record indicates the assistant usually spends over 40 percent of his time in the
yard.
25 See footnotes 13 and 15, supra.
WEST VIRGINIA PULP AND PAPER COMPANY 757
in Appendix A attached hereto and by specifically including in the
unit the employees in the classifications set forth in Appendix B.
[The Board ordered the certifications of representatives issued
to the United Papermakers and Paperworkers, AFL-CIO, in Cases
Nos. 5-R-1624 and 5-RC-369 amended to exclude specifically the
individuals in the classifications set forth in Appendix A and to
include specifically the employees in the classifications listed in
Appendix B attached hereto.]
APPENDIX A
EXCLUDED CLASSIFICATIONS
Covington, Virginia, Plant
1. Tour Foreman Dry Run Woodyard
2. Tour Foreman, Yards
3. Tour Foreman, Recovery
4. Tour Foreman, Unbleached Pulpmill
5. Tour Foreman, Carbon Plant
6. Millwright Foreman, No. 1 Pulpmill Mechanics
7. Millwright Foreman, No. 2 Pulpmill Mechanics
8. Millwright Foreman, Papermill Mechanics
9. Machine Shop, Machinists Foreman
10. Day Foreman, Dry Run Woodyard
11. Yard Foreman
12. Warehouse Foreman, Carbon Plant
Luke, Maryland, Plant
1. Tour Foreman, Beaters, Wet Laps, and Save Alls
2. Tour Foreman, 12-3 Paper Machines
3. Tour Foreman, 4-5 Paper Machines
4. Tour Foreman, 6-7 Paper Machines
5. Tour Foreman, Calendars and Rewinders
6. Tour Foreman, Machine Coating
7. Assistant Superintendent, 4-5 Machine Room, Papermill
8. Trimmed Sheet Supervisor
9. Quality Supervisor, Cutter Department
10. Production Supervisor, Cutter Department
11. Welding Shop Supervisor
12. Millwright Supervisor, Crews and Shops
13. Pipe Shop Supervisor
14. General Mechanic Supervisor
15. Sheet Metal Supervisor
16. Labor Supervisor, East End
17. Labor Supervisor, West End
18. Salvage Supervisor
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'19. Bleach Plant Supervisor
20.. Labor Gang Supervisor
21. Calendar. and Rewinder Supervisor
22. Box, Shop Supervisor
'23. Control Laboratory Supervisor
Williamsburg, Pennsylvania, Plant
1. Tour Foreman, Pulpmill
APPENDIX B
INCLUDED CLABSIrICATIONs
Covington, Virginia, Plant
1. Pipe Shop, Pipe Foreman, Construction
2. Pipe Shop, Pipe Foreman, East Side Maintenance
3. Pipe Shop, Pipe Foreman, West Side Maintenance
4. Assistant Millwright Foreman
5. Assistant Carpenter Foreman
6. Assistant Finishing Foreman, No. 2 Boardmill
7. Labor Foreman
8. Paint Foreman
9. No. 6-7 Finishing Foreman
Luke, Maryland, Plant
1. Millwright Supervisor, Pulpmill
2. Lubrication Inspector
3. Paint Shop Supervisor
4. Bleach Room Supervisor
5. Machinist Supervisor
6. Loading Supervisor, Papermill
Williamsburg, Pennsylvania, Plant
1. Yard Boss
Boggs and Company, Inc. and Truck Drivers and Helpers Local
No. 728, Affiliated with - International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America,
Petitioner. Case No. 10-RC-4191. December 80, 1958
DECISION AND CERTIFICATION
OF REPRESENTATIVES
Pursuant to a stipulation for certification upon consent election
entered into by the parties on August 29, 1958, an election by secret
ballot was conducted on September 11, 1958, under the supervision
and direction of the Regional Director for the Tenth Region, among
certain employees of Boggs and Company, .Inc. Immediately fol-
122 NLRB No. 82.