West Virginia Pulp & Paper Co.

National Labor Relations Board - Board Decisions

Apr 27, 1950

89 N.L.R.B. 815 (N.L.R.B. 1950)

In the Matter Of WEST VIRGINIA PULP & PAPER COMPANY, EMPLOYER
and INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER
In the Matter Of WEST VIRGINIA PULP & PAPER COMPANY, EMPLOYER
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL,
PETITIONER
Cases Nos. 5-RC-369 and 5-RC -41 01.-Decided April 27, 1950
DECISION
AND
DIRECTION OF ELECTIONS
Upon petitions duly filed, the Regional Director entered an order
directing consolidation of the above cases. A hearing was held in the
consolidated case before Charles B. Slaughter, hearing officer. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Reynolds, Murdock, and
Styles].
Upon the entire record in the consolidated case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.'
2. The labor organizations involved claim to represent certain
employees of the Employer.2
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The International Association of Machinists, hereinafter re-
ferred to as the IAM, seeks a unit of journeymen machinists, their
apprentices and helpers employed by the Employer at three of its
1 The Employer is engaged in the manufacture and distribution of pulp and paper products
and chemical byproducts. It maintains offices at New York, Chicago, San Francisco,
Philadelphia, and Cleveland.
2 United Paper Workers of America, CIO, was permitted to intervene upon the basis of
existing contractual interests.
89 NLRB No. 82.
815
816 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plants,3 excluding clerical and office employees, guards, supervisors,
and all other employees. The International Brotherhood of Electri-
cal Workers, AFL, hereinafter referred to as the IBEW, seeks a unit
of all electricians, electrician helpers, and motor repairmen employed
at the above plants of the Employer, excluding all other production
and maintenance employees, guards, and supervisors as defined in the
Act. The Employer and Intervenor oppose the requested units be-
cause of the over-all integration of the Employer's operations and the
history of collective bargaining on a more comprehensive basis. The
Intervenor contends further that the proposed units are inappropriate
because they are not true craft groups.'
The Williamsburg, Pennsylvania, plant employs approximately 122
production and maintenance employees, the Luke, Maryland, plant
has approximately 1,450 to 1,500 production and maintenance em-
ployees, and the Covington, Virginia, plant has approximately 2,000
production and maintenance employees. The 3 mills function as sep-
arate operating entities, pursuant to a general over-all policy laid
down by top management.
The Employer's History of Collective Bargaining,
An examination of the Employer's history of collective bargaining,
as a whole, does not show a consistent pattern of bargaining on a
plant-wide basis.5 However, with some minor exceptions, collective
bargaining at the Williamsburg, Luke, and Covington plants has
been on a plant-wide basis. In 1937, the International Brotherhood
of Pulp, Sulphite, and Paper Mill Workers, AFL, was first certified
as the collective bargaining agency for all hourly paid production
and maintenance employees at the Covington plant, followed in 1939
3 These three plants are located at Covington, Virginia ; Luke, Maryland ; and Williams-
burg, Pennsylvania. In addition to the afore-mentioned plants, the Employer operates
mills at Charleston, South Carolina ; Mechanieville, New York ; and Tyrone, Pennsylvania,
which are not involved in this proceeding.
4 There is no contention that a three-plant unit would be inappropriate if granted.
6 There is no history of collective bargaining at the Employer's Tyrone, Pennsylvania,
plant. At its Mechanicville plant, District 50, United Mine Workers of America, Paper,
Pulp and Sulphite Division, has represented a unit of all hourly paid production and
maintenance employees since September 20, 1944. At its Charleston, South Carolina,
plant, the International Brotherhood of Electrical Workers, Local B-776, has represented
a unit of all electrical, powerhouse, boilerhouse, and meter department employees since
July 1937, when it was first voluntarily recognized by the Employer. At the same plant,
the International Association of Machinists, Lodge 183, has represented a unit of all
machinists, apprentices, and helpers since May 1944, when first certified. The produc-
tion and maintenance employees at the Charleston plant, excluding electricians and
machinists above-mentioned and also excluding millwrights and certain clerical and super-
visory classifications, have been represented since December 19, 1944, by the International
Brotherhood of Paper Workers, Local 435, AFL, and International Brotherhood of Pulp,
Sulphite and Paper Mill Workers, Locals 508 and 602, AFL. Although these groups are
separately represented, the Employer nevertheless contends that in effect negotiations are
jointly conducted and similar agreements executed.
WEST VIRGINIA PULP & PAPER COMPANY 817
by certifications for substantially similar units of employees at the
Luke and Williamsburg plants.
On September 8, 1944, as the result of a consent election ° in a single
unit of production and maintenance employees at the Covington,
Luke, and Williamsburg plants, excluding the electrical employees
at the Covington plant, the Paper Workers Organizing Committee,
CIO, the predecessor of the Intervenor, was certified as their exclu-
sive bargaining representative. The Paper Workers Organizing
Committee and the Employer thereafter executed annual agree-
ments, the last of which, dated August 28, 1948, was extended by a
memorandum of agreement until such time as it might be terminated
upon proper notice. Neither the Employer nor the Intervenor urges
this agreement as a bar to this proceeding.
As to collective bargaining on a craft basis, the record shows that
on November 18, 1942, the IBEW was first certified as exclusive repre-
sentative for all electrical employees. at the Covington plant.? How-
ever, by reason of a new challenge by the Paper Workers Organizing
Committee, the IBEW did not secure a collective bargaining agree-
ment until October 27, 1945, after a second election and recertifica-
tion on June 13, 1945. In 1946, the Paper Workers Organizing Com-
mittee succeeded in obtaining the bargaining rights for the electricians
of the Covington plant, and thereafter bargained collectively for them
as part of the over-all production and maintenance unit.
The Proposed Craft Units
(a) The electricians
At the Covington plant there are employed some 63 electricians, who,
as previously indicated, were at one time separately represented by the
IBEW. The record discloses that they are classified as journeymen
electricians and apprentices, who have achieved their status through
an apprenticeship program maintained by the Employer at the Cov-
ington plant. They are charged with the duty of maintaining and
repairing the numerous electrical motors and other electrical equip-
ment throughout the plant. It is evident from the record that the
U International Brotherhood of Firemen and Oilers, Local 160 ; International Association
of Machinists ; United Association of Plumbers and Steam Fitters, Local 491, and Inter-
national Brotherhood of Pulp, Sulphite, and Paper Mill Workers, participated in the election
under the blanket designation "AFL." District 50, United Mine Workers of America,
Paper Pulp and Sulphite Division, was also on the ballot.
4 Apparently this certification served as a basis for excluding the electrical workers from
the production and maintenance unit, for which, as noted above, the Paper Workers Organiz-
ing Committee was certified on September 8, 1944.
818 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
performance of their manifold duties requires a thorough knowledge
and exercise of craft skills.
Seven electricians of the Williamsburg plant, and approximately
34 electricians at the Luke plant S constitute the electrical departments
at these respective plants. Except for the Williamsburg plant, where
the electricians are under the common supervision of the power super-
intendent, together with the boilerhouse repairmen and other em-
ployees in the power plant and the boiler plant, the electricians are
separately supervised and maintain their separate shop headquarters.
They are classified as A, B, C, or D electricians, depending on the
degree of skill, experience, and responsibility exercised.9 The record
is clear that these electricians perform substantially the same duties
and exercise the same skills as do the journeymen electricians at the
Covington plant. Although it appears that the electricians at the
Williamsburg and Luke plants have not benefited from a formal ap-
prenticeship program, they have, nevertheless, had the equivalent ex-
perience through an on-the-job training program.
Moreover, although the electricians have occasion to work in con-
junction with other skilled employees, they do not, to any substantial
degree, interchange with any other groups of employees,10 nor is there
any significant evidence of integration with the work of production
employees."'
(b) The machinists
The record discloses that the machinists at the several plants 12
occupy relatively the same position as do the electricians.13 Thus at
8 Twenty-nine of the electricians are engaged principally in general maintenance and
repair of the mill equipment. The remaining five electricians spend approximately 90
percent of their time in the repair and winding of electrical motors and are referred to as
motor repairmen.
B Applicants for jobs in the electrical department are recruited by preferential hiring
from workers in other departments and at the Williamsburg and Luke plants are usually
placed in the D classification for initial training.
to The only evidence on interchange is to the effect that the electricians sometimes remove
small electric motors from their bases whereas in the case of large motors , such work is
performed by a crew of mechanics . In addition both an electrician and mechanic may
perform repair work on cranes.
11 Such evidence of integration as appears in the record relates to the practice of produc-
tion employees calling'electricians for repair on electrical equipment as soon as the need
for such repairs manifests itself, to the observance of common rules of safety, and to the
sharing of certain rights and privileges, such as a plant-wide seniority system . However,
like other privileges shared under the contract, the plant-wide seniority system does not
detract from the character of the electricians as a separate maintenance group.
12 There are approximately 12 machinists employed at the Covington plant ; 4 machinists
at the Williamsburg plant, and approximately 13 machinists classified as "shop mechanics,"
in common with other trades, at the Luke plant. In addition to the latter group , there are
employed at the Luke plant a group of employees classified as machinist -millwrights,
but commonly known as paper mill millwrights . Although they spend some time in the
machine shop in the repair of tackles and pulleys used for rigging purposes , they are
considered essentially to be millwrights.
13 Except for the fact that machinists at the Luke plant as well as at the Williamsburg
plant are supervised in common with other skilled trades.
WEST VIRGINIA PULP & PAPER COMPANY 819
the Covington plant machinists are classified as journeymen machin-
ists,14 whereas at the other two plants machinists are classified, like
electricians, in grades according to skill. All machinists perform
substantially the same duties, possess and exercise substantially the
same skills and in the course of their work make use of the customary
tools of their trade. They are required to fabricate all parts necessary
for the repair of mill equipment, and at the Williamsburg plant to do
the work of roll grinding.1° Their work unquestionably calls for the
exercise of a high degree of craft skills.
We find, notwithstanding the common interests of the electricians
and the machinists in the over-all terms and conditions of employment,
and the history of collective bargaining at the three plants on a more
comprehensive basis, that the several groups of electricians and ma-
chinists sought to be separately represented by the IBEW and the
IAM respectively, constitute separate homogeneous,. identifiable, and
skilled craft groups of employees of the type to whom we have tradi-
tionally accorded separate representation." Although, as noted above,
the Employer and Intervenor contend that the integrated nature of the
Employer's operations make inappropriate the severance 'of the units
requested herein, we find such contention to be without merit. As we
have previously indicated in prior cases, the character of the integra-
tion in this industry is not such as would preclude the severance of
distinct, homogeneous, and identifiable groups of skilled craft em-
ployees from an existing production and maintenance unit 17 Accord-
ingly, we shall, as hereinafter indicated, establish separate voting
groups for the electricians and machinists respectively. We shall
defer making a final determination of the appropriate unit or units
pending the holding of elections within the voting groups aforesaid.
Inclusions and Exclusions from the Voting Groups
James R. Duckworth: The IBEW would include James E. Duck-
worth within the proposed unit of electrical employees. The Em-
ployer contends that he is a supervisor and sJiould be excluded there-
14 There are no apprentice machinists employed at the present time, nor is there any
apprenticeship training program for machinists at the Covington plant.
11 This work consists of grinding large metal rolls on a lathe some 35 to 40 feet long.
1s See West Virginia Pulp & Paper Company, 45 NLRB 59 and 61 NLRB 438. Waldorf
Paper Products Company, 76 NLRB 127 ; St. Regis Paper Company (Kraft Pulp Division),
80 NLRB 570. On craft severance generally in the pulp and paper industry see Interna-
tional Paper Company, Southern Kraft Division, 87 NLRB No. 13 ; Southland Paper Mills,
Inc., 81 NLRB 330. See also West Virginia Pulp & Paper Company, 81 NLRB 261 ; Rem
Paper Company, 83 NLRB 265; Worthy Paper Company Ass'n, 80 NLRB 19; Smith Paper,
Inc., 76 NLRB 1226. We regard the National Tube Company case and other cases relied
upon by the Employer and the Intervenor as distinguishable on their facts from the present
proceeding.
17 West Virginia Pulp & Paper Company, supra ; International Paper Company, Southern
Kraft Division, supra.
889227-51-vol. 89-53
820 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from. Duckworth is classified on the roster of employees in the elec-
trical department at the Luke plant as assistant foreman. Although
he is an hourly rated employee and has admittedly been covered by
the Intervenor's contract for the production and maintenance unit,
the uncontradicted testimony in the record shows that he has the au-
thority to recommend the hiring and firing of the employees under
him, and that he has effectively exercised such authority in the past.
He performs no manual labor except in emergencies. We find, under
the circumstances, that Duckworth is a supervisor within the meaning
of the Act. Accordingly, we shall exclude him from the voting group
of electricians 18
Russell T. Brown and Melvin Hauck: The IBEW would exclude
Russell T. Brown from the proposed unit of electricians on the ground
that such unit should be limited to skilled employees. The Employer
is in agreement with the IBEW. However, the Intervenor opposes
his exclusion and urges that the work of this individual is sufficiently
integrated with the work of the electrical department to warrant his
inclusion in the craft group. Brown is classified as a clerk and is at-
tached to the office of the electrical department foreman at the Luke
plant. His duties consist principally of gathering certain statistics
and other information with respect to the work of the electrical de-
partment, and of maintaining certain records. He is also engaged in
running errands for the entire power and piping division of which
the electrical department is a part. Although his work places him
in frequent contact with the employees in the electrical department,
he performs none of the work of the skilled electricians.
The IBEW takes no position with respect to the inclusion of Melvin
Mauck in the proposed electricians' unit. The Employer and the
Intervenor urge his inclusion. Mauck is a clerk in the electrical de-
partment at the Covington plant and is attached to the office of the
superintendent of the department. The record shows that Mauck's
duties are entirely clerical and substantially similar to the duties of
Brown. Like Brown, Mauck exercises none of the electricians' skills,
nor is he, on the job sequence, in the line of promotion open to elec-
tricians.
We find, therefore, that the interests of both Brown and Mauck
are not sufficiently identified with the interests of the electricians to
warrant their inclusion in the electricians' voting group. Accord-
ingly, we shall exclude them.
George H. Matheny; W. L. Roberts; George Brinkley; B. E. Gar-
rison; W. E. Bosserman: These individuals are classified as group
foremen in the electrical department at the Covington plant. As such,
18 See St. Regis Paper Company (Kraft Pulp Division), supra.
WEST VIRGINIA PULP & PAPER COMPANY 821
each supervises one of the five separate groups of electricians who
function at the plant . They perform no manual work except in emer-
gencies. The record shows that they have authority effectively to
recommend the hiring and firing of employees and that this authority
has been regularly exercised. The IBEW and the Intervenor con-
tend that these group foremen should be included in a unit of elec-
tricians because of their present inclusion in a unit of hourly rated
employees and because of their participation in past elections. We
find, however , on the basis of the authority exercised by them, that
they are supervisors within the meaning of the Act 19 Accordingly,
we shall exclude them from the electricians ' groups.
Jasper L. 'Linkswiler and Vernon Loving: These employees are
classified as oilers in the electrical department at the Covington plant.
They are attached to separate groups of maintenance electricians with
whom they share common supervision . The principal duties of Links-
wiler and Loving are to oil the electrical motors and other electrical
equipment . Their jobs entail no special skill other than familiarity
with the. location of the equipment. They are not in the line of promo-
tion open to the electricians ' group. They take no part in the ap-
prenticeship program for electricians . The IBEW seeks to exclude
them on the ground that they are not properly a part of a skilled elec-
tricians' group. The Intervenor and the Employer urge that they be
included. Upon the basis of the record in this case, it appears that the
oilers do not have a sufficient community of interest to warrant their
inclusions in a voting group of craft electricians.
Boll grinders at the Luke and Covington plants: As previously
indicated , roll grinding at the Williamsburg plant is performed by one
of the machinists as an incidental part of his machinist duties. Simi-
larly at the Luke plant, roll grinding is the principal work of a former
Class A machinist. However, at the Covington plant, because of the
volume of the work, the Employer has established a separate roll
grinding department under supervision separate from that for the
machinists. The employees in this department are classified not as
machinists but as roll grinders and, except for one individual in the
department who is classified as a knife grinder, their duties are limited
to functions of roll grinding. The record indicates that roll grind-
ing is a highly skilled operation which requires considerable training
and experience for its proper performance.- However, roll grinders
at the Covington plant are not qualified to do machinists' work, do not
interchange with machinists, and' have never participated in the
machinists' apprenticeship program.
19 See St. Regis Paper Company (Kraft Pulp Division ), supra.
822 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The parties are in agreement that the machinists who do roll grind-
ing at the Williamsburg and Luke plants should be included in any
unit of machinists which the Board may find appropriate. On the
other hand both the Employer and the IAM would exclude the roll
grinders at the Covington plant, whereas the Intervenor would include
them.
In view of the fact that, the roll grinders at the Covington plant are
not machinists, are separately located and supervised, and can per-
form only one of the many functions of a qualified machinist, we find
that they are not appropriately a part of a craft group of machinists.
Accordingly, we shall exclude the roll grinders at the Covington plant
from the machinist voting group.
Floyd B. Smith: This employee is a clean-up man in the machine
shop of the Covington plant. He is totally unskilled and is not in-
cluded in the line of promotion open to machinists in the machinist
department. The IAM would exclude this employee because of his
lack of skill, whereas the Employer and the Intervenor seek to have
him included upon the ground that his work is confined to this depart-
ment. However, in view of the unskilled nature of his work, we find
that he may not appropriately be included in a craft group of ma-
chinists. Accordingly, we shall exclude him from the voting group of
machinists.
We shall direct that separate elections be held among the employees
in the following voting groups :
(a) All electricians, including journeyman electricians, apprentices
and helpers, and motor repairmen at the Williamsburg, Luke, and
Covington plants of the Employer, excluding the electrical depart-
ment clerks,20 oilers, 21 and all other production and maintenance em-
ployees, office and clerical employees, guards, and supervisors 22 as
defined in the Act.
(b) All machinists, including journeymen machinists, apprentices,
and helpers at the Employer's Williamsburg, Luke, and Covington
plants including the roll grinder 23 at the Luke plant, but excluding all
roll grinders, and the clean-up man 24 in the machine shop, at the
Covington plant, and all other production and maintenance employees,
office and clerical employees, guards, and supervisors as defined in
the Act.
20 Russell T. Brown and Melvin Mauck.
21 Jasper Linkswiler and Vernon Loving.
22 Among the supervisors are Group Foremen James C. Duckworth , George H. Matheny,
W. L. Roberts ; George Brinkley , B. E. Garrison , and W. E . Bosserman.
23 Thomas Dawson.
24 Floyd P. Smith.
WEST VIRGINIA PULP & PAPER COMPANY
DIRECTION OF ELECTIONS 25
823
As part of the investigation to ascertain representatives for the
purpose of collective bargaining with the Employer, elections by
secret ballot shall be conducted as early as possible, but not later
than 45 days from the date of this Direction, under the direction
and supervision of the Regional Director for the region in which
this case was heard and subject to Sections 203.61 and 203.62 of
National Labor Relations Board Rules and Regulations, among the
employees in the voting groups described in paragraph 4, above, who
were employed during the payroll period immediately preceding the
date of this Direction of Elections, including employees who did not
work during said payroll period because they were ill or on vacation
or temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the dates of the elections, and also excluding employees
on strike who are not entitled to reinstatement, to determine :
1. Whether the employees in voting group (a) desire to be repre-
sented for the purposes of collective bargaining by International
Brotherhood of Electrical Workers, AFL, or by United Paper
Workers of America, CIO, or by neither;
2. Whether the employees in voting group (b) desire to be repre-
sented for purposes of collective bargaining by International Associa-
tion of Machinists, or by United Paper Workers of America, CIO,
or by neither.
xs Any participant in the elections directed herein may, upon its prompt request to, and
approval thereof by, the Regional Director have its name removed from the ballot.