49 N.L.R.B. 54 (N.L.R.B. 1943)

Wyoming Valley Paper Mill

National Labor Relations Board - Board DecisionsApr 23, 1943

49 N.L.R.B. 54 (N.L.R.B. 1943)

In the Matter Of WYOMING VALLEY-PAPER MILL and UNITED MINE WORKERS OF AMERICA, DISTRICT 50 Case No. R-5149.-Decided April W, 1943 McLane, Davis c Carleton , by Mr. Kenneth F. Graf, of Manchester, N. H., for the Company. Mr. Samuel E. Angoff , of Boston , Mass., for District 50. Mr. Fred W. Morris, of Madison , Maine, for the A. F. L. Mr. William R. Cameron , of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Mine Workers of America, District 50, herein called District 50, alleging that a question affecting commerce had arisen concerning the representation of employees of the Wyoming Valley Paper Mill, herein called the Company, the National Labor Relations Board provided for an appropriate hear- ing upon due notice before Thomas H. Ramsey, Trial Examiner. Said hearing was held at Lancaster, New Hampshire, on April 9, 1943. The Company, District 50, and International Brotherhood of Pulp, Sul- phite and Paper Mill Workers, A. F. L., herein called the A. F. L., appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings,made at the 'hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Wyoming Valley Paper Mill, a New Hampshire corporation, is engaged in the manufacture of various types of paper. It annually purchases approximately one-half million dollars in value of raw materials, consisting of ground wood, sulphite, and coal, 95 percent of 49 N. L. R. B., No. 9. 54 WYOM'SG VALLEY PAPER MILL 55 which is shipped to the Company from points outside the State of New Hampshire. Of the Company's finished products during the last year, amounting in value to over one million dollars, approximately 95 per- cent was shipped to points outside the State. At its Northumberland plant the Company employs approximately 244 employees. The Com- pany concedes that it is engaged in commerce-within the meaning of the Act. II. TILE ORGANIZATIONS INVOLVED United Mine Workers of America, District 50, is a labor organiza- tion admitting to membership employees of the Company. International Brotherhood of Pulp, Sulphite and Paper Mill Work- ers is a labor organization affiliated with the American Federation of Labor admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 5, 1943, District 50 requested the Company to recognize it as exclusive bargaining representative of the employees. At the time of the hearing no reply had been received by District 50 to this request. A statement of the Trial Examiner, read into the record. at the hearing, indicates that District 50 and the A. F. L. each represents a substantial number of employees in the unit hereinafter found to be appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in accordance with the agreement and stipulation of the parties, that all production and maintenance employees employed by the Company at its Northumberland plant, excluding executives, office and clerical employees, and supervisory employees above the rank of working foremen, constitute a unit appropriate for the purposes of collective. bargaining within the meaning of Section 9 (b) of the Act. I The Trial Examiner stated that District 50 had submitted 184 membership and au- thorization cards, the bulk of them being dated in February 1943, a few being dated in Januaiy, a number in March, and 6 undated , of which 151 appear to bear the genuine original signatures of persons whose names are on the Company 's pay roll for the period ending Match 27, 1943, containing a total of 244 names inclusive of 3 foremen and 13 office employees. It AN as further stated by the Trial Examiner at the hearing that the A. F of L had sub- natted two petitions authorizing the A. F. L, including another A F. L. affiliate which withdrew and did not appear at the hearing, to represent the signers thereof as bargaining representative. These petitions contained a total of 27 names, of which 25 appear to be the genuine original signatures of persons whose names are on the pay roll above mentioned. - 56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees'in the appropriate unit who were employed, during the_ pay- roll period immediately preceding the date of the Direction of Elec- tion- herein, subject to the limitations and additions set forth in the Direction. 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, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Wyoming Valley Paper Mill, 'at its Northumberland, New Hampshire, plant, an elec- tion by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the First Region, acting in this matter as agent for the National Labor Rela- tions-Board, and subject to Article III, Section 10, of said Rules, and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period im-, ,mediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill .or on vacation or temporarily laid off, 'and including employees in the armed forces of the United- States who present themselves in per- son at the polls, but excluding any who have since quit or' been dis- charged for cause, to determine whether they desire to be represented ' by United Mine Workers of America, District 50, or by international Brotherhood of Pulp, Sulphite and Paper Mill Workers, affiliated with the American Federation of Labor, for the purposes, of collec- tive bargaining, or by neither.