Automatic Paper Box Corp.

In the Matter of AUTOMATIC PAPER Box CORPORATION, EMPLOYER and CHICAGO PAPER AND Box WoRXERS' UNION No. 415 AFFILIATED WITH INTERNATIONAL PRINTING PRESSMEN'S UNION, AFL, PETITIONER Case No. 13-B-4479.-Decided January 14, 1948 Mr. Burton S. Bachman, of Chicago, Ill., for the Employer. Mr. George F. Higgins, of Chicago, Ill., for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Chicago, Illinois, on July 11, 1947, before Robert T. Drake, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Automatic Paper Box Corporation, an Illinois corporation, is en- gaged in the business of manufacturing and selling folded paper boxes in Chicago, Illinois. During the year 1946 it purchased raw materials valued in excess of $100,000, more than 50 percent of which was shipped to it from points outside the State of Illinois; during the same period the Employer sold finished products valued in excess of $150,000, of which more than 25 percent was shipped to points outside the State of Illinois. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Interna- tional Printing Pressmen's Union, American Federation of Labor, claiming to represent employees of the Employer. 75 N. L. R. B., No. 99. 805 806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION- The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer. We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties agree generally that all production and maintenance employees, including the die maker, but excluding the truck driver, office clerical employees, and supervisors comprise an appropriate unit. However, they disagree as to the status of George Reinbold, superintendent of the Employer's printing department, whom the Petitioner would include and the Employer would exclude on the ground that he is a supervisor. Reinbold is in charge of the printing department which consists of two pressmen, one of whom is Reinbold, and two feeders. Reinbold works as a printing pressman most of the time. In addition to his duties as pressman and superintendent in charge of the printing de- partment, Reinhold is assistant foreman of the Employer's entire plant. As such he has complete charge thereof whenever the foreman is absent, at which time he has the right to hire and discharge em- ployees. In view of these facts, we are of the opinion that Reinbold is a supervisor and we shall exclude him from the unit. We find that all production and maintenance employees, including the die maker, but excluding the truck driver, office clerical employees, the assistant foreman,' and all other supervisors constitute a unit ap- propriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Automatic Paper Box Corporation, Chicago, Illinois, 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 Thirteenth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regula- tions-Series 5, 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 1 George Reinbold. AUTOMATIC PAPER BOX CORPORATION 807 who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, 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 or not they desire to be represented by Chicago Paper and Box Workers' Union No. 415, affiliated with International Printing Pressmen's Union, AFL, for the purposes of collective bargaining. MEMBERS HOUSTON and MURDOOK took no part in the consideration of the above Decision and Direction of Election.