American Tri-State Paper Box Co.

In the Matter of AMERICAN TRI-STATE PAPER Box Co. and NASHVILLE PAPER PRODUCTS AND SPECIALTY WORKERS UNION NO. 513, SUBORDI- NATE TO INTERNATIONAL PRINTING PRESSMEN AND ASSISTANTS' UNION OF NORTH AMERICA, A. F. OF L. , Case No. 10-R-1308.-Decided November 13, 1944 Mr. Cecil Sims, of Nashville, Tenn., for the Company. Mr. George 0. Baker, of Atlanta, Ga., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Nashville Paper Products and Specialty Workers Union No. 513, subordinate to International Printing Press- men and Assistants' Union of North America, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of America Tri- State Paper Box Co., Nashville, Tennessee, herein called the Company, the National Labor Relations Board provided for an appropriate hear- ing upon due notice before Erwin C. Catts, Trial Examiner. Said hearing was held at Nashville, Tennessee, on October 18, 1944. The Company and the Union 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 Examin- er's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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 1. THE BUSINESS OF THE COMPANY American Tri-State Paper Box Co. is a Tennessee corporation oper- ating a plant at Nashville, Tennessee, where it is engaged in the manu- 59 N. L. R. B., No. 46. 226 AMERICAN TRI-STATE PAPER BOX CO. 227 facture of paper boxes. A substantial portion of the raw materials used by the Company is shipped to it from points outside the State of Tennessee. Approximately 2 percent of its products is shipped to points outside the State of Tennessee. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Nashville Paper Products and Specialty Workers Union No. 513, subordinate to International Printing Pressmen and Assistants' Union of North America, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as exclusive collective bargaining representative of its employees. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial 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 agreement with a stipulation of the parties, that all pro- duction and maintenance employees of the Company, including janitors and truck drivers, but excluding office and clerical employees and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 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 1 The Field Examiner reported that the Union submitted 16 authorization cards of per- sons on the September 14, 1944, pay roll of the Company . There are approximately 28 employees in the appropriate unit. 228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with American Tri- State Paper Box Co., Nashville, Tennessee, 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 Tenth 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 dur- ing said pay-roll period because they were ill or on vacation or tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but exclud- ing any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Nashville Paper Prod- ucts and Specialty Workers Union No. 513, subordinate to Interna- tional Printing Pressmen and Assistants' Union of North America, A. F. of L., for the purposes of collective bargaining.