West Virginia Pulp & Paper Co.

National Labor Relations Board - Board Decisions

Apr 23, 1941

31 N.L.R.B. 236 (N.L.R.B. 1941)

In the Matter Of WEST VIRGINIA PULP & PAPER COMPANY and INTER-
NATIONAL BROTHERHOOD OF PULP, SULPHITE & PAPER MILL WORKERS,
A. F. OF L.
Case No. R-2420.Decided April 0, 1941
Jurisdiction : paper manufacturing industry.
Investigation - and Certification of Representatives : existence of question : re-
fusal to accord union recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all hourly wage employees at one
of the Company's plants with the exception of employees over whom a craft
union claims jurisdiction.
Y
McLanahan, Merritt, Ingraham cf Christy, by Mr. Henry Clifton,
Jr., of New York City, for the Company.
Mr. George C. Brooks and Mr. Floyd Van Deusen, of Fort Edward,
N. Y., for the Pulp Workers.
Mr. Ernest B. Lambton, of Albany, N. Y., for the Paper Makers.
Mr. Frederic B. Parkes, Ond,' of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIES CASE
On February 10 and 26, 1941, respectively, International Brother-
hood of ' Pulp, Sulphite & Paper Mill Workers, A. F. of L., herein
called the Pulp Workers, filed with the Regional Director for the
Second Region (New York City) a petition and an amended petition
alleging that a question affecting commerce had arisen concerning
the representation' of employees of West Virginia Pulp & Paper
Company, Mechanicville, New York, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On March 14, 1941, the National Labor
Relations Board, herein "called the Board, acting pursuant to Sec-
tion 9 (c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due- notice.
31 N. L. R. B., No. 37.
236
WEST VIRGINIA PULP & PAPER COMPANY 237
..On March 17 and 20, 1941 , respectively , the Regional Director
issued a notice of hearing and an amended notice of hearing, copies
of which were duly served upon the Company and the Pulp Work-
ers. Pursuant to notice , a hearing was held on March 24i 1941, at
Mechanicville , New York, before Richard J. Hickey, the Trial Exam-
iner duly designated by the Chief Trial Examiner . The Company
and the Pulp Workers were represented , by counsel ' or official repre-
sentatives and participated in the hearing . Full opportunity to be
heard , to examine and cross -examine witnesses , and to introduce
evidence bearing on the issues was afforded all parties.
At the hearing , International Brotherhood of Paper Makers,
\^ffiliated with A. F. of L ., herein called the Paper Makers, filed a
motion to intervene . The Trial Examiner denied the motion but
permitted the representative of the Paper Makers to state on the
record its position in this case . During the course of the hearing
the Trial Examiner made several rulings on other motions and on
objections to the admission of evidence . The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial
errors were committed . The rulings are hereby affirmed. On April
5; 1941 , the Company filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
West Virginia Pulp and Paper Co., a 'Delaware corporation, is
engaged in the manufacture, sale, and distribution of pulp, paper,
and allied products. In addition to the mills herein involved at
Mechanicville, New York, the Company operates five other paper
plants located in Tyrone, Pennsylvania; Williamsburg, Pennsyl-
vania; Luke, Maryland; Charleston, South Carolina; and Covington,
Virginia. At each plant, wood is converted into pulp, which in turn
is manufactured into paper. During the past 6 months, of the raw
materials received by the Company for use in its operations at the
Mechanicville plant, 70 percent, valued at more than $1,000,000,
were shipped from places outside the State of New York. During
the past 6 months, more than 30 per cent, valued at more than
$1,000,000, of the finished products manufactured at the Mechanic-
ville plant were shipped to places outside the State of New York.
The Company employs approximately 1,015 employees at the Me-
chanicville plant.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Pulp, Sulphite and Paper Mill
Workers, affiliated with the American Federation of Labor, is a
238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
labor organization admitting employees of the Company to mem-
bership.
International Brotherhood of Paper Makers, affiliated with the
American Federation of Labor, is a labor organization admitting
employees of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
On February 5, 1941, the Pulp Workers requested the Company
to recognize it as representative for the Company's employees en-
gaged in the pulp-producing department of the Company's Mechanic-
Ville plant. The Company refused to recognize the Pulp Workers O
until it had been certified as representative for those employees by',
the Board. A statement of the Regional Director, introduced in evi-
dence' at the hearing, shows that the Pulp Workers represents a
substantial number of employees in the unit found below to, be
appropriate.'-
We find that a question has arisen concerning the representation
of employees of the company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate , and substantial
relation to trade, traffic , and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Pulp Workers contends that the appropriate unit should in-
clude all hourly wage employees in the Company's Mechanicville
plant,2 with the exception of those in the following categories in
the Paper Mill: "Finishers, Cutters, Cutter Tenders, Calenders,
Calender Cranes, Paper Machines (1, 2, 3, 4, 5, 6), Beaters, Rewind-
ers, and Roll Finishers." 3 This unit would include all employees
1 The Regional Director ' s statement shows that the Pulp workers submitted 199 appli-
cation cards, dated between August 1940 , and February 1941, of which 139 bear the names
of persons on the Company 's pay roll of February 17, 1941 , and in the appropriate unit.
There are approximately 535 employees in the appropilate unit.
2 Specifically , as set forth in the appendix attached to the amended petition , all hourly
wage employees within the following categories: Sulphite Mill, Soda Mill , Power Depart-
ment, Maintenance , Bleach Plant , Electricians , Storeroom , Maintenance and Construction,
Outside, Cases and Frames, Filter Plant , and Paper Mill, the latter limited to ( 1) Clay
and Size, ( 2) Storehouse and Loading , ( 3) Extra Men , (janitors, etc )
3 This classification , in an appendix accompanying the amended petition , added another
category termed "Finishers ," which we - have not mentioned because of Its seeming. re-
dundancy. -
WEST VIRGINIA PULP & PAPER COMPANY 239
of the plant with the exception of those over whom the Paper Makers
claims jurisdiction. ,
The Company contends that all hourly wage production and main-
tenance employees of the entire mill should be included in a single
unit. As indicated in Section I above, the production process of the
Company's Mechanicville plant is divided into two parts. 'One is
engaged in the reduction of wood and other raw materials to pulp,
the other in the manufacture 'of paper from the pulp thus formed.
The Pulp Workers commenced the organization of the workers at
the Mechanicville plant the latter part of July 1940. Believing that
the Paper Makers had waived its jurisdiction over employees in the
paper mill and had agreed' that the Pulp Workers should represent
the employees of the entire plant, the Pulp Workers consequently
solicited memberships in departments now sought to be excluded from
the appropriate unit and admitted approximately 35 such employees
to membership. Early in 1941, the Paper Makers asserted its juris-
dictional claim in respect to employees in the paper mill, and the
Pulp Workers thereafter ceased to solicit or admit to membership
employees under the jurisdiction of the Paper Makers.
In support of its contention for a single plant-wide unit, the Com-
pany introduced in evidence the contracts whereby the Company
recognized the Pulp Workers as the sole bargaining agent for all
the employees at the Company's plants in Covington, Virginia; 4
Luke, Maryland; s and Williamsburg, Pennsylvania. In each plant
there is a single plant-wide unit for purposes of collective bargain-
ing. However, in respect to these plants and others in the industry
similarly organized, the plant-wide organization by the Pulp Workers
is founded primarily on the consent of the Paper Makers to the
extension of the scope of the Pulp Workers' normal unit to include
those employees ordinarily within the jurisdiction of the Paper
Makers. '
As noted above, except for a short period, the Pulp Workers has
limited its organizational activities to those employees it now claims.
These-constitute a well-defined group." Under the circumstances, we'
see no reason for not finding an' appropriate unit which coincides
with the extent of the Pulp Workers' organization.
See Matter of West Virginia Pulp and Paper Co. and Local 152, International Brother-
hood of Pulp, Sulphite and Paper Mill Workers , 3 N L R B 675
6 See Matter of West Virginia Pulp and Paper Co and International Brotherhood of
Pulp, Sulphite and Paper Mill Workers , Local No. 36, Luke, Maryland, 4 N L R B , 286.
6 See Matter of Moisanes Paper Mills Co. and International Brotherhood of Paper Makers
and International Brotherhood of Pulp, Sulphite and Paper Mill Workers, 1 N L R B 393.
See also Matter of Brown Paper Mill Co . Inc. and International Brotherhood of Paper
Makers, Local No 59, 11 N. L. R B. 446 ; Matter of Rushmore Paper Mills , Inc. and Inter-
national Brotherhood of Pulp, Sulphite and Paper Mill Workers , 14 N. L R B. 512
240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all hourly wage employees in the Company's
Mechanicville plant 7 with the exception of those in the following
categories in the Paper Mill: "Finishers, Cutters, Cutter Tenders.
Calenders, Calender Cranes, Paper Machines (1, 2, 3, 4, 5, 6), Beat-
ers, Rewinders, and Roll Finishers," constitute a unit appropriate
for the purposes of collective bargaining and that said unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion can best be resolved by, and we shall accordingly direct, an
election by secret ballot. The Pulp Workers - requests that the pay
roll of February 5, 1941, be used as a basis for determining eligibil-
ity to vote. We find, however, no reason to cause us to depart from
our usual practice., Accordingly, we shall direct that the employees
of the Company eligible to vote in the election shall be those, in
the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to such limitations and additions as are set forth in the
Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of West Virginia Pulp and Paper Co.,
Mechanicville, New York, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All hourly wage employees in the Company's Mechanicville
plant with the exception of those in the following categories in the
Paper Mill: Finishers, Cutters, Cutter Tenders, Calenders, Calender
Cranes, Paper Machines (1, 2, 3, 4, 5, 6), Beaters, Rewinders, and
Roll Finishers, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
DIRECTION OF ELECTION
By' virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8,
7 See footnote 2,'8upra.
WEST VIRGINIA PULP & PAPER COMPANY 241
of National Labor Relations Board Rules and Regulations=Series 2,
as amended, it is hereby -
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purpose of collective bargaining
with West Virginia Pulp and Paper Company, Mechanicville, New
York, an election by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date of this
Direction, under the direction and supervision of the Regional Direc-
tor for the Second Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Sec-
tion 9, of said Rules and Regulations, among all hourly wage em-
ployees of the Company, at its Mechanicville ' plant, who, were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during
such pay-roll period because they were ill or on vacation or in the
active military service or training of the United States, or tempo-
rarily laid off, but excluding those hourly wage workers in the Paper
Mill within the following categories : Finishers, Cutters, Cutter
Tenders, Calenders, Calender Cranes, Paper Machines (1, 2, 3, 4,
5, 6), Beaters, Rewinders, and Roll Finishers,, and employees who
have since quite or been discharged for cause, to determine whether
or not they desire to be represented by International Brotherhood of
Pulp, Sulphite and Paper Mill Workers, affiliated with the American
Federation of Labor, for the purposes of collective bargaining.
[SAME TITLE]
SUPPLEMENTAL DECISION
AND
ORDER
May 21, 1941
On April 23, 1941, the National Labor Relations Board,, herein
called the Board, issued a Decision and Direction of Election in this
proceeding. Pursuant to the Direction of Election, an election by
secret ballot was conducted on May 2, 1941, by the Regional Director
for the Second Region (New York City). On May 5, 1941, the
Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and, Regulations-Series 2,
as amended, issued and duly served upon the parties an Election
Report. No objections to the conduct of the ballot or to the Elec-
tion Report have been filed by any of the parties.
242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote ------------------------------- 570
Total'number of ballots cast_____________________________ 515
Total number of valid ballots______________________________ 513
Total number of votes in favor of International Brotherhood
of Pulp, Sulphite and Paper Mill Workers, A. F. L______ 168
Total number of votes against afore-mentioned union -------- 343
Total number of blank votes_______________________________ 1
Total number of void ballots_____________________________ 1
The results of the election show that no collective bargaining
representative has been selected by a majority of the employees of
the Company in the unit heretofore found to be appropriate for
collective bargaining. We shall therefore dismiss the petition for
investigation and certification of representatives of employees of
the Company.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees of West Virginia Pulp &
Paper Company, Mechanicville, New York, filed by International
Brotherhood of Pulp, Sulphite & Paper Mill Workers, affiliated with
the American Federation of Labor, be, and it hereby is, dismissed.
31 N. L R. B., No. 37a. - '
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