Union Bag & Paper Corp.

In the Matter of UNION BAG & PAPER CORP. and INTERNATIONAL STEREOTYPERS & ELECTROTYPERS UNION, LOCAL 28, A. F. OF L. Case No. B-5860.-Decided September 14, 1943 Proskouer, Rose, Goetz d Mendelsohn, by Mr. Arthur E. Reyman, of New York City, for the Company. Mr. Leo J. Buckley, of New York City, and Mr. Daniel J. Maffeo, of Albany, N. Y., for the Stereotypers. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Stereotypers & Electro- typers Union, Local 28, A. F. of L., herein called the Stereotypers, alleging that a question affecting commerce had arisen concerning the representation of employees of Union Bag & Paper Corp., Hudson Falls, New York,, herein called the Company, the National Labor Relations board provided for an appropriate hearing upon due notice before Cyril W. O'Gorman, Trial Examiner. Said hearing was held at Hudson Falls, New York, on August 20, 1943. The Company and the Stereotypers appeared at and participated in the hearing." All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the course of the hearing counsel for the Company moved to dismiss the petition. The Trial Examiner reserved ruling. The motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. % Albany Printing Pressmen & Assistants Union , No. 23, and International Brotherhood of Pulp, Sulphite &, Paper Mill Workers, Local 23, herein called the Pulp Workers , notified the Regional Director that they did not desire to intervene in the instant proceeding. 52 N. L. R. B., No. 100. 591 592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Union Bag & Paper Corp. is a New Jersey corporation with its principal office at New York City. We are here concerned with its plant at Hudson Falls, New York, where it is engaged in the manu- facture, sale and distribution of paper and paper bags. During the 12-month period ending July 1, 1943, the Company purchased raw materials for use at its Hudson Falls plant valued in excess of $1,000,- 000, 90 percent of which was shipped to it from points outside the State of New York. During the same period the Company manufac- tured products at its Hudson Falls plant valued in excess of $1,000,000, 90 per cent of which was shipped to points outside the State of New York. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Stereotypers & Electrotypers Union, Local 28, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 17, 1943, the Stereotypers requested the Company to recognize it as exclusive collective bargaining representative of the stereotypers at the Hudson Falls plant. The Company refused this request. On June 17, 1942, the Company entered into an exclusive contract with the Pulp Workers, which embraced the employees claimed herein by the Stereotypers. The contract provides that it shall Tem. ain in full force and effect until May 31, 1943,, and from year to year there- after unless either party thereto -notifies,the other of a desire to ter- minate not less than 30 days prior to any annual expiration date. As stated above, the Stereotypers made its claim upon the Company on April 17, 1943. Inasmuch as the Stereotypers made its demand upon the Company prior to April 31, 1943, the date upon which the contract between the Company and the Pulp Workers would have automati- cally renewed itself, we find that the contract does not constitute a bar to a determination of representatives at this time. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Stereotypers represents a substantial UNION BAG & PAPER CORP. 593 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 The Stereotypers urges that all stereotypers at the Hudson Falls plant of the Company, including the foreman, constitute an appro- priate unit. The Company contends that all its employees, including persons claimed by the Stereotypers, constitute a single appropriate unit. The Pulp Workers, heretofore certified by the Regional Director as bargaining representative for an industrial unit at the Hudson Falls plant of the Company, including the stereotypers, no longer desires to represent the employees claimed by the Stereotypers. Although the Pulp Workers has a contract with the Company covering the stereo- typers, the evidence shows that the Pulp Workers had no members at any time among the stereotypers and that it now has no members among such employees. The stereotypers objected to their inclusion in the industrial unit at the time of the original certification and have constantly made their desires for a separate unit known to the Pulp Workers and, the Company. The Pulp Workers notified the Board prior to the hearing that it did not oppose the claim of the Stereotypers and its representative stated at the hearing that it does not desire to have its name on the ballot in the event an election is ordered in a unit consisting solely of stereotypers. Inasmuch as the Pulp Workers has abandoned its claim to the stereotypers and the latter have never acquiesced in their inclusion in the industrial unit, we find that a separate unit of stereotypers is appropriate. As stated above, the Stereotypers request that the foreman be in- cluded in the unit. The Company contends that he should be excluded because of his supervisory duties. The employee in dispute is a work- ing foreman and is under the supervision of an assistant supervisor of the printing department.. Inasmuch as working foremen with manual duties are traditionally included in collective bargaining con- tracts in the printing trades, we shall include the foreman in the stereo- type department in the unit.' We find that all stereotypers at the Hudson Falls plant of the Com- pany, including the foreman, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 2 The Regional Director reports that the Stereotypers presented an authorization peti- .tion bearing apparently genuine signatures of six persons whose names appear on the pay roll of the Company There are six employees in the appropriate unit. 3 See Matter of W. F. Hall Printing Company, 51 N. L. R. R. 640. 594 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 means of an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election 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 Re- lations 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 Union Bag & Paper Corp., Hudson Falls, New York, an election 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 super- vision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, 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 immediately 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 person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to,be represented By International Stereotypers & Electrotypers Union, Local 28, A. F. of L., for the purpose of collective bargaining. CHAIRMAN MiLLis took no part in the consideration of the above Decision and Direction of Election.