Central Fibre Products Co., Inc.

In the Matter of CENTRAL FIBRE PRODUCTS COMPANY, INC. and DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. 17-R-980.-Decided November 27, 1944 M(r. Charles E. Carey, of Hutchinson, Kans., for the Company. Mr. John L. Mayo, of Hutchinson, Kans., for the U. M. W. Mr. Walter F. Jones, of Hutchinson, Kans., for the A. F. of L. Mr. Sidney Grossman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by District 50, United Mine Workers of America, herein called the U. M. W., alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Central Fibre Products Company, Inc., herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Elmer L. Hunt, Trial Examiner. Said hearing was held at Hutchinson, Kansas, on October 24, 1944. The Company, the U. M. W., and the Strawboard Workers Local Union No. 350, International Brotherhood of Paper Makers, affiliated with the American Federation of Labor, herein called the A. F. of L., appeared, participated, and were afforded full oppor- tunity 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. All parties were afforded an 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 The Central Fibre Products Company, Inc., a Delaware corporation, with its principal place of business at 111 West Washington Street, 59 N. L. R. B., No. 112. 577 578 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Chicago, Illinois, is engaged in the manufacture of paper board, egg case fillers, and wall board, at its Hutchinson, Kansas, plant, with which this proceeding is concerned. During the fiscal year 1943, the Company purchased raw materials of a value in excess of $250,000, of which 80 percent was received from ' sources outside the State of Kansas. During the same period, the Company's sales aggregated in excess of $250,000, of which 90 percent was shipped to points out- side the State of Kansas. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED District 50, United Mine Workers of America, is a labor organiza- tion admitting to membership employees of the Company. Strawboard Workers Local Union No. 350, International Brother- hood of Paper Makers, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On December 1, 1943, the Company and the A. F. of L. entered into, a collective bargaining agreement which by its terms was automati- cally renewable on October 19, 1944, for 1 year, unless notice of desired changes in the contract be given 30 days prior to the expiration thereof_ An amendment thereto was executed on April 4, 1944, which was made retroactively effective as of March 27, 1944, and contained provisions for a maintenance-of-membership clause and a modification of the Company's vacation policy. On April 6 and June 30, 1944, respec- tively, the U. M. W. addressed letters to the Company in which it stated that it represented a substantial number of the Company's em- ployees and requested recognition as their bargaining agent. In re- sponse to the first letter, the Company refused to extend such recogni- tion because of the existing agreement between it and the A. F. of L. On August 28, 1944, the Company and the A. F. of L. executed a new agreement, which both the Company and the A. F. of L. admit, and'_ we find, superseded the agreement of December 1943. Since it was entered into' after the Company had been apprised of the U. M. W.'s claim to representation, we find, contrary to the contention of the Company and the A. F. of L., that the agreement of August 1944 does not operate as a bar to this proceeding. A statement of a Board agent, introduced into evidence at the hear- ing, indicates'that the U. M. W. and the A. F. of L. each represents CENTRAL FIBRE PRODUCTS COMPANY, INC. 579 t substantial number of employees in the unit hereinafter found 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 substantial accordance with an agreement of the parties that all production and maintenance workers employed by the Com- pany, at its Hutchinson, Kansas, plant, including watchmen, but ex- cluding clerical employees and all supervisory employees with author- ity to hire,,promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action, con- stitute 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 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 Election herein, subject to the limitations and additions set forth in the Direc- tion. 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 Central Fibre Products Company, Inc., Hutchinson, Kansas, 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 supervision of the Regional Director for the Seventeenth 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 Regu- lations, among the employees in the unit found appropriate in Section 1 The Field Examiner reported that the U. M. W. submitted 85 authorization cards, of which the names of 60 employees appeared upon the Company's pay roll of August 26, 1944, in an alleged appropriate unit of 169 employees ; ancL that 60 cards were dated be- tween March 1944 and August 1944 , 13 cards were undated, and 12 cards bore incomplete dates. He also reported that the A. F. of L. submitted a certified list of 147 members of which the names of 135 appeared on the pay roll above referred to. 580 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV, above, who were employed during the pay-roll period immedi- ately preceding the date of this Direction, including employees who did not work during the 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 those employees 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 they desire to be repre- sented by District 50, United Mine Workers of America, or by Straw- board Workers Local Union No. 350, International Brotherhood of Paper Makers, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.