Penn Paper & Stock Co.

I n the Matter Of PENN PAPER & STOCK COMPANY, EMPLOYER and WAREHOUSE EMPLOYEES UNION, LOCAL #730, I. B. T. C. W. & H. OF A., AFL, PETITIONER and DRIVERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS LOCAL UNION No. 639 I. B. T. C. W. & H. of A., AFL, PETITIONER Cases Nos. 5-RC-405 and 5-RC-406.-Decided January 6, 1950 DECISION AND DIRECTION OF ELECTION Upon separate petitions duly filed, a hearing in these consolidated cases 1 was held before George L. Weasler, hearing officer. The hear- ing 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-member panel [Chairman Herzog and Members Reynolds and Murdock]. 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 Petitioners and Warehouse and Distributors Workers Union, Local 222, ILWU, CIO,2 hereinafter referred to as Local 222, are labor organizations claiming to represent certain employees of the Em- ployer. 3. The Employer contends that a plant-wide contract covering all employees, executed by the Employer and Local 222 is a. bar to this proceeding. This contention is lacking in merit. The contract pro- vides inter alia, for maintenance of membership in Local 222. How- ever, because Local 222 has not been certified by the Board under Sec- tion 9 (e) (1) of the Act as being authorized to execute such a union- ' By order of the Regional Director Issued October 24, 1949, Cases Nos. 5-RC-405 and 5-RC-406 were consolidated. Although Local 222 was served with notice of the hearing, it did not intervene. How- ever, we do not regard its failure to intervene as a disclaimer of interest in representation of the employees involved in this proceeding . See Hawley & Hoops, Inc., 83 NLRB 371. 88 NLRB No. 9. 17 18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD security provision, we find that the contract is not a bar to a present determination of representatives.$ We find that a question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 4. The following groups of employees constitute separate units ap- propriate for the purposes of collective bargaining within the meaning .of Section 9 (b) of the Act, excluding in each group office and clerical employees, professional employees, and supervisors as defined in the Act : (a) All employees of the Employer excluding truck drivers and helpers; and (b) All truck drivers and helpers excluding all other employees. Because Local 222 is not in compliance with the filing requirements of Section 9 (f), (g), and (h) of the Act, we shall not accord it a place on the ballot. DIRECTION OF ELECTION 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 supervision 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, among the employees in the voting groups described in paragraph numbered 4, above, who were employed during the payroll period immediately preceding the date of this Di- rection of Election, including employees who did not work during said payroll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been dis- charged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not Entitled to reinstatement, to determine whether or not:. (1) The employees in Group (a)' desire to be represented, for pur- poses of collective bargaining, by Warehouse Employees' Union, Local #730, I. B. T. C. W. & H. of A., AFL; and (2) The employees in Group (b) desire to be represented by Driv- ers, Chauffeurs, Warehousemen & Helpers Local Union No. 639, I. B. T. C. W. & H. of A., AFL. .1 8 C. Hager & Sons Hinge Manufacturing Company, 80 NLRB 163.