Gilbert Paper Co.

In the Matter of GILBERT PAPER COMPANY and INTERNATIONAL BROTHERHOOD OF PAPER MAKERS, A. F. OF L. Case No. 13-R4878.-Decided March 31, 1945 Messrs. A. C. Gilbert and A. C. Haselaw, of Menasha, Wis., for the Company. Mr. Arthur E. Pintere, of Appleton, Wis., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Brotherhood of Paper Makers, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Gilbert Paper Company, Menasha, Wisconsin, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Leon A. Rosell, Trial Examiner. Said hearing was held at Neenah, Wisconsin, on March 2, 1945. The Company and the Union appeared, participated, and were afforded full opportunity 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 opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Gilbert Paper Company is a Wisconsin corporation with its prin- cipal place of business at Menasha, Wisconsin, where it is engaged in the manufacture of rag content writing paper. During 1944 the Company purchased materials valued in excess of $1,000,000, 95 per- cent of which was shipped to it from points outside the State of Wis- 61 N. L. R. B., No. 26. 228 GILBERT PAPER COMPANY 229 cousin. During the same period the Company manufactured prod- ucts valued in excess of $3,000,000, 90 percent of which was shipped to points outside the State of Wisconsin. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Brotherhood of Paper Makers is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as exclusive collective bargaining representative of its employees until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found 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. IV. THE APPROPRIATE UNIT The Union urges that all production and maintenance employees at the Menasha plant of the Company, including tour foremen, washer and beater engineers, machine tenders, boss calendar, boss cutter, sorting boss, packer boss, stockroom boss, and finishing room office girls, but excluding office and clerical employees, supervisor of boiler room, chief chemist, supervisor of raw materials department, supervisor of rag room, supervisors in charge of cutting and ware- housing departments, and supervisor in charge of maintenance, con- stitute a unit appropriate for the purposes of collective bargaining. The only controversy with respect to the unit concerns the tour foremen. The Company employs three tour foremen. The tour foremen act as assistant superintendents and are in charge of the Company's pro- duction departments. They perform no manual work and exercise the authority to hire and discharge. We find that the tour foremen are supervisory employees, and we shall, therefore, exclude them from the unit.' ' The Field Examiner reported that the Union presented an authorization petition bear- ing the signatures of 164 persons . There are approximately 318 employees in the appropriate unit. 2 See Matter of Kimbe, ly-Clark Co? poration, 54 N L. R B, 601 , 55 N. L. R B. 521. 230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that all production and maintenance employees at the Men- asha plant of the Company, including washer and beater engineers, machine tenders, boss calendar, boss cutter, sorting boss, packer boss, stockroom boss, and finishing room office girl, but excluding office and clerical employees, tour foremen, supervisor of boiler room, chief chemist, supervisor of raw materials department, supervisor of rag room, supervisors in charge of cutting and warehousing departments, supervisor in charge of maintenance, and any other supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recom- mend such action, constitute 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 means of an election by secret ballot among the employees 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 Direction. The Company employs two women who are engaged in cleaning its offices., They are paid on an hourly rate and work 14 hours per week after the close of the usual office hours. The regular production` and maintenance employees work 48 hours per week. The Union con- tends that the two employees should be deemed ineligible to vote. The Company contends that they should be eligible. Although the two em- ployees in dispute work but 14 hours per week, they do so on a regular schedule and are regular part-time employees rather than intermittent employees. We find that they have a sufficient interest in the selection of a bargaining representative to entitle them to vote in the election. 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations 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 Gilbert Paper Company, Menasha, Wisconsin, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the date of this Direction, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter GILBERT PAPER COMPANY 231 as agent for the National Labor Relations Board, and subject to Arti- cle III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed 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 tempo- rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quite 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 Interna- tional Brotherhood of Paper Makers, A. F. of L., for the purposes of collective bargaining.