Rock City Paper Box Co., Inc.

In the Matter of ROCK CITY PAPER BOX COMPANY, INC., EMPLOYER and UNITED PAPERWORKERS OF AMERICA, CIO, PETITIONER Case No. 10-RC-466.-Decided April 5, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization named below claims to represent certain employees of the Employer. 3. The Employer urges that a collective bargaining contract exe- cuted June 1, 1946, with Nashville Paper Products and Specialty Workers' Union, No. 513, affiliated with International Printing Press- men and Assistants' Union of North America, covering employees in the agreed appropriate unit, constitutes a bar to this proceeding. The contract provided for 1 year's duration and automatic renewal from year to year thereafter, unless terminated by notice of one of the con- tracting parties. No notice to terminate the contract has been given by either of the contracting parties. The contract alleged as a bar was specifically rejected by the em- ployees concerned on or about June 1, 1946. The record does not dis- close whether this rejection was before or after the contract was executed by the Employer and Union No. 513. Since June 1, 1946, however, Union No. 513 has held no meetings, collected no dues, and processed no grievances for employees at the plant. According to *Chairman Herzog and Members Houston and Gray. 82 N. L. R. B., No. 87. 746 ROCK CITY PAPER BOX COMPANY, INC. 747 the uncontradicted testimony of an employee witness, no employees at the plant are presently members of Union No. 513, and it has had no negotiations with the Employer for the past 2 years. Though served with written notice, Union No. 513 did not appear at the hearing. Under these circumstances, we find that the contract exe- cuted on June 1, 1946, does not constitute a bar to this proceeding." A question affecting commerce exists concerning the representation of certain employees of the Employer within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees at the Employer's paper- box manufacturing plant at Nashville, Tennessee, excluding office and clerical employees, those presently engaged in sales-trainee jobs,2 guards, professional employees, and supervisors .3 DIRECTION OF ELECTION 4 As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 • days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees 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, and also exclud- ing employees on strike who are not entitled to reinstatement, to deter- mine whether or not they desire to be represented, for purposes of collective bargaining, by United Paperworkers of America, CIO. 1 Matter of Landis Machine Company, Inc., 71 N. L. R. B. 282; Matter of Koppers Com- pany, Inc., Wood Preserving Division, 72 N. L. R. B. 31 , Matter of Perfection Spring and Equipment Company, 72 N. L. R. B. 590. ° On February 23, 1949, Charles Shaver was the only employee in this category. e The parties agree that Robert York, Fred Shaver, W. L. Richardson , and Paul Dorsey are supervisors within the meaning of the Act 4 As noted above, Union No 513, though served with notice, did not appear at the hearing. We will, therefore, make no provision that its name appear on the ballot . If, however, it desires to participate in the election, it may do so provided that it give notice to this effect to the Regional Director within ten (10) days of the date of the issuance of this Decision and Direction of Election.