Southland Paper Mills, Inc.

In the Matter Of SOUTHLAND PAPER MILLS, INC. and INTERNATIONAL ASSOCIATION OF MACIHNISTS, LOCAL 1808, A. F. L. Case No. 16-R-1064.-Decided January 15, 1945 Mr. W. L. McHale and Dr. Charles Carpenter, of Lufkin, Tex., for the Company. Mr. C. L. Mulholland, of Dallas, Tex., and Mr. H. A. Bartlett, of New Orleans, La., for the I. A. M. Mr. Homer L. Humble, of Pritchard, Ala., for the Mill Workers. Mr. Donald H. Frank, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon a petition duly filed by the International Association of Ma- chinists, Local 1808, A. F. L., herein called the 1. A. M., alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Southland Paper Mills, Inc., Lufkin, Texas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Earl Saunders, Trial Examiner. Said hearing was held at Lufkin, Texas, on November 14, 1944. The Company, the I. A. M., and the International Brother- hood of Pulp, Sulphite & Paper Mill Workers, A. F. L., herein called the Mill Workers, appeared and participated. All parties were af- forded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Mill Workers moved the dismissal of the petition on the ground that the proceeding involves a jurisdictional dispute, at least as to welders, between two unions having the same parent organization. The mo- tion is hereby denied. 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. 60 N. L. R. B., No. 12. 63 64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company is a Texas corporation, with its principal offices and place of business in Lufkin, Texas. It is engaged in the manu- facture of pulp and paper products. During the 6 months pre- ceding the hearing the approximate dollar value of the raw materials used by the Company amounted to $606,000. Approximately $200,000 of this amount represents the value of the raw materials obtained outside the State. During the same period, the approximate dollar value of finished products manufactured by the Company amounted to $1,566,000, of which amount $1,000,000 represents the value of these finished products which were shipped outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATIONS INVOLVED International Association of Machinists, Local 1808, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. International Brotherhood of Pulp, Sulphite & Paper Mill Work- ers, affiliated with the American Federation of Labor, is a labor organi- zation admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the I. A. M. as the exclusive bargaining representative of machinists, millwrights, and welders until the I. A. M. has been certified by the Board in an appro- priate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the I. A. M. represents a substantial number of employees in the unit alleged 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. I The Field Examiner reported that the I . A. M. submitted 24 authorization cards, 20 of which bore apparently genuine original signatures of persons appearing on the pay roll of October 18, 1944. Twenty cards were dated May 1944 ; 3 cards were dated June 1944; and 1 was undated . During the hearing the I. A. M. submitted 10 additional authorization cards, all of which bore apparently genuine signatures of persons appearing on the pay roll of October 18, 1944 . Six cards were dated May 1944 ; 1 was dated June 1944; and 3 were dated November 1944. The Company's pay roll listed 38 employees in the unit for which the I. A. M . petitioned . The Mill Workers ' interest in the present proceeding is evidenced by its contract with the Company. SOUTHLAND PAPER MILLS, INC. , 65. IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES Pursuant to pay-roll checks conducted by the Board's Regional Di- rector for the Sixteenth Region in 1940,2 the Company recognized and signed collective bargaining contracts with Locals 404 and 492 of the Mill Workers, and with Local 411 of the International Brotherhood of Paper Makers, A. F. L.; and has bargained, without a resulting contract, with Local 479 of the International Brotherhood of Elec- trical Workers, A. F. L. The present contract between the Company and the Mill Workers is effective until February 4, 1945, and from year to year thereafter, subject to termination on 30 days' notice prior to February 4. The contract is not clear as to the scope of the unit, although it may be inferred that the Mill Workers has heretofore. represented • all of the Company's production, and maintenance em- ployees except the two crafts represented by the Paper Makers and the I. B. E. W. The I. A. M.'s present petition, filed on September 21, sought a unit, of machinists, millwrights, "and one welder and one welder helper or any other welders and helpers who belong to the machinists." At the - hearing the Trial Examiner allowed the petition to be amended to, read "and welders and welders' helpers." There are four-classes of employees working for the Company in the -maintenance department's machine shop : machinists, millwrights,, welders, and pipe fitters (and their leadermen and their helpers). There is agreement that whatever unit is determined will be appro- ,priate for the helpers of the particular classifications designated. The Company and the Unions do not consider the leadermen to be a part of management, and the record discloses that their supervisory duties are not such as to all for their exclusion from whatever unit is determined. There is no claim that the pipe fitters should be in- cluded in the unit sought by the I. A. M., and no claim-that the unit would be inappropriate without them. While there was no express contention by the Mill Workers at the hearing that the machinists and millwrights may not properly be separately represented ,3 it appears that the Mill Workers -believes that the number of employees in this plant is so small as to make im- practicable the segregating of another craft unit from the residual, plant-wide unit of Mill Workers. Its major contention is, however, that the welders cannot properly be included in the unit sought. 2 N. L. R B. Cases Nos. 16-R-205,16-R-206,16-R-208, and 16- R-209. 8 On May 13, 1944,, the Mill Workers and the I A M signed an instrument called "Agreement and Stipulations," which stated that the Mill workers would not accept for membership machinists or millwrights, and that welders were free to join either union. A copy of this instrument was s®nt to the Regional Office. 628563-45-vol. 60-6 66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Machinists and mmaillwrrights: 4 These employees of the Company work together, largely on the same type of job, and spend a sub- stantial -part of their time in the machine shop. It requires 4 years as apprentice and helper to become a journeyman in their occupation. They work under common supervision for the same wage. The Mill Workers does not contend that anything in the bargaining history would preclude these employees from representation as a craft group. We are of the opinion that the machinists and millwrights are a craft group which may feasibly constitute a unit appropriate for the purposes of collective bargaining, apart from other employees of the Company, if the machinists and millwrights desire it. Accord- ingly, we shall provide them, in our Direction of Elections herein, an opportunity to express their desires as to the unit, in a self-deter- mination election., Welders: These employees are located in the' machine shop, work- ing with and performing the same work as-the machinists and mill- wrights on some operations, and assisting the machinists on some others: They receive the same pay as the machinist-millwright em- ployees, do more work within the machine shop than do the mill- wrights, and work under the same supervision. Although they require training as helpers and apprentices in order to become journeymen, the record does not disclose how extensive or prolonged that training is. Their skill, however, is indicated by the fact that no other workers are authorized to perform the same work. They are an easily definable group. Sometime prior to 1940, the welders were represented by a now defunct pipe fitters' union. The bargaining history does not disclose any factors- which would preclude the welders from repre- sentation by a craft union. We are of the opinion that the welders may appropriately be included in a unit together with the machinists and millwrights if such unit is finally determined to be appropriate, or on the other hand remain a part of the residual, plant-wide unit presently represented by- the Mill Workers. Accordingly,-we shall provide them in our Direction of Elections -herein, the opportunity of expressing their desires as to the unit by voting as a separate group. We make no final determination at this time of the appropriate unit. In accordance with our foregoing conclusions, we shall direct that separate elections be held among the employees in the following voting groups upon the results of which elections will depend, in part, our determination as to the appropriate unit. There shall be excluded from both of these groups all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. * Testimony in the record revealed that those employees called millwrights in the paper industry would be known as "outside machinists " in other industries. SOUTHLAND-PAPER MILLS, INC: 67 Group 1. All-machinists and millwrights, and their leadermen and their helpers, employed in the machine shop of the Company, to deter- mine whether they wish to be represented by the I. A. M. or by the Mill Workers or by neither of these labor organizations. Group 2. All welders, and their leadermen and their helpers, em ployed in the machine shop of the Company, to determine whether they wish to be represented by the I. A. M. or by the Mill Workers or by neither of these labor organizations. The record does not clearly disclose whether or not the Mill Workers desire to appear-on the ballot for Group 1. We shall make provision for the appearance of the Mill Workers on the ballot, but if the Mill Workers does not desire to participate, and if within 10 days after the issuance of this Decision and Direction of Elections it notifies the Regional Director of the Sixteenth Region accordingly, it may withdraw its name from the ballot. DIRECTION OF ELECTIONS 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 DIRECrED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Southland Paper Mills, Inc., Lufkin, Texas, separate elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, in conformity with the instructions set forth in Section IV, above, under the direction and supervision -of the Regional Director for the Sixteenth Region, acting in this mat- ter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the- following groups of employees of the Company, who were em- ployed 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 those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of these elections, and all supervisory employees with authority to hire, promote, dis- -charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action : 1. All -machinists and millwrights, and their leadermen and their helpers, employed in the machine shop of the Company, to determine 68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD whether they desire to be represented by the International Association of Machinists, A. F. of L., or by the International Brotherhood of Pulp, Sulphite & Paper Mill Workers, A. F. of L., for the purposes of collective bargaining, or by neither. 2. All welders, and their leadermen and their helpers, employed in the machine shop of the Company, to determine whether they desire to be represented.by the International Association of Machinists, A. F. of L., or by the International Brotherhood of Pulp, Sulphite & Paper Mill Workers, A. F. of L., for the purposes of collective bar gaining, or by neither. CHAIRMAN MILLIS took no part in the consideration of the above, Decision and Direction of Elections.