International Paper Co.

INTERNATIONAL PAPER COMPANY 155 privileges. It has been found that Mrs. F. L. Cooper (Wanda Gray) approx- imately 2 weeks and again approximately 2 months after her discharge stated to officials of Respondent that she was not interested in returning to work for Respondent and that thereafter she was reinstated in July 1949. Accordingly no recommendation of reinstatement will be made with respect to her. How- ever it will be recommended that she be made whole for any loss of pay suffered. It will also be recommended that Respondent make whole the aforesaid em- ployees, and each of them, for any loss of pay they may have suffered by reason of the discriminations against them. The losses of pay shall be computed from the date of the discrimination to the date of a proper offer of reinstatement. In the case of Mrs. F. L. Cooper (Wanda Gray) for a 2-week period from Feb- ruary 7, 1949. In computing the losses of pay the customary formula of the Board shall be followed. See F. W. Woolworth Company, 90 NLRB 289. In order to insure expeditious compliance with the recommended back-pay order it will be further recommended that Respondent be ordered, upon reasonable request, to make all pertinent records available to the Board or its agents. Respondent's illegal activities, including the aforesaid discharges, go to the very heart of the Act and indicate a purpose to defeat self-organization of its employees and that there is danger that the commission of other unfair labor practices proscribed by the Act is to be anticipated from Respondent's conduct in the past. The preventive purpose of the Act will be thwarted unless the order herein is coextensive with the danger. Accordingly, in order to make effective the interdependent guarantees of the statute and thus effectuate the policies of the Act, it will be recommended that Respondent cease and desist from engaging in the unfair labor practices found and from in any other manner infringing upon the rights of employees guaranteed by the Act and that Respondent post the notice attached hereto as Appendix A. (See Standard Dry Wall Products, Inc., 91 NLRB 544.) Since it has been found that the evidence is not sufficient to sustain the allegations of the complaint, as amended, to the effect that Respondent dis- criminatorily discharged Frankie Barnes and not sufficient to sustain para- graph 7 (I) of the complaint, as amended, it will be recommended that these allegations be dismissed. [Recommended Order omitted from publication in this volume.] INTERNATIONAL PAPER COMPANY (SOUTHERN KRAFT DIVISION) and LODGE 1365, INTERNATIONAL ASSOCIATION OF MACHINISTS, PETI- TIONER. Cases Nos.15-RC-443,15-RC-473, and 15-RC-475. July 12,1951 Decision and Direction of Elections Upon separate petitions duly filed under Section 9 (c) of the Na- tional Labor Relations Act, a consolidated hearing was held before Andrew P. Carter, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed? I The request by the Joint Intervenors filed on June 4, 1951, for permission to file a supplemental brief is denied, as in our opinion the facts and issues in these eases are fully set forth in the record and briefs in this proceeding. 95 NLRB No. 15. 156 DECISIONS ,OF NATIONAL LABOR RELATIONS BOARD Pursuant to the provisions of Section 3 (b) of the -Act; the Board has delegated its powers in connection with these cases to a three-member panel . [Members Houston, Reynolds, and Styles]. Upon the entire record in these cases, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer. 3. A question affecting commerce, exists concerning the repre- sentation of employees of the Employer within the meaning of Sec- tion 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Employer, engaged in the manufacture of paper, pulp board, and paper bags, operates within its Southern Kraft Division nine plants in six southern States, of which three plants, at Camden, Arkansas; Springhill, Louisiana; and Panama City, Florida, are di- rectly involved herein. In each of its three petitions filed in this consolidated proceeding, the Petitioner- seeks a separate unit of a heterogeneous, multicraft character at the Employer's Camden, Springhill., and Panama City plants, respectively. 'The Employer contends that the three units sought by the Petitioner are inappropriate and that a single lnultiplant unit of production and maintenance employees at all nine plants in the Southern Kraft Division is the only appropriate unit. Inter- national Brotherhood of Papermakers, AFL; International Brother- hood of Pulp, Sulphite and Papermill Workers, AFL; and Inter- national Brotherhood of Electrical Workers, AFL, herein collectively called the Joint Intervenors, although agreeing to the appropriateness of the unit sought by the Employer, propose, in the alternative, sepa- rate plant-wide units of production and maintenance employees at each of the three plants herein sought by the Petitioner. Interna- tional Union of Operating Engineers, AFL, herein called the Engi- neers, another Intervenor, favoring the units sought by the Petitioner, specifically seeks separate units of crane operators at each of the three named plants. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL, herein called the Pipefitters, also favoring the Peti- tioner's units, seeks to represent pipe fitters at each of the three plants. In a recent Decision and Direction of Election in International Paper Company (Southern Kraft Division) et al.,2 involving em- ployees at the Employer's Georgetown, South Carolina, plant herein called the Georgetown case, the Board, found inter alia that separate craft unifs or a single plant-wide unit of production and maintenance 194 NLRB 483. Although Board Member Reynolds dissented in this case, he feels- bound by the decision of the majority. Cf. International Paper Company ( Southe)n Kraft Division), 94 NLRB 500. INTERNATIONAL PAPER COMPANY 157- employees, rather than a single unit of production and maintenance employees at all plants in the Employer's Southern Kraft Division, might constitute appropriate units and directed self-determination elections for employees.in the, several craft groups at that plant who it. found were entitled. to separate representation, if they so desired. In the instant proceeding are involved substantially the same parties, issues, bargaining history, and plant operations as,were present in the Georgetown cases Under these circumstances, we find no cogent reason for departing from the rationale of the earlier decision and consider it determinative on the same issues. Accordingly, for reasons set forth in the decision in the George- town case, we find inappropriate at this time the division-wide pro- duction and maintenance unit urged by the Employer and the separate plant units of crane operators urged by the Engineers. We find that the craft groups sought to be represented by the Machinists and the Pipefitters at the Employer's Camden, Springhill, and Panama City plants, respectively, or separate plant-wide production and main- tenance groups at each of these plants, as urged in the alternative by the Joint Intervenors, may constitute appropriate collective bargain- ing units. We shall make at this time no final unit determination with respect to the employees involved in the instant cases, but shall instead estab- lish voting groups for them, as set forth below, in order that we may first ascertain the desires of these employees as expressed in the elec- tions hereinafter directed. We shall include the various craft em- ployees at each plant involved herein in separate voting groups and establish residual voting groups for other production and main- tenance employees at each" plant. We shall therefore direct separate elections among the following employees at the plants indicated, including therein lead men, work- ing foremen, and helpers, but excluding therefrom office clerical, technical, and professional employees, guards, and supervisors as defined in the Act : Camden, Arkansas, plant (Case No. 15-RC-443) (a) All millwrights. (b) All welders. s As shown in the Georgetown case decision , the bargaining history at the three plants herein involved was, from 1939 through 1950, based on contracts between the Employer and the herein participating labor organizations , and groups thereof, which contracts were. ektended . in scope to include employees in the instant categories at the Georgetown, Camden, Springhill , and Panama City plants ; the Pipefitters , however, though representing employees at the latter three plants, had no local at the Georgetown plant. All parties to this proceeding , except the Pipefltters, acknowledge the general similarity of operations at the Employer's four plants and stipulate that the Board take "judicial notice" of exhibits and testimony in the Georgetown case. The Board takes notice of its findings and decision in the Georgetown case. Notwithstanding its objection to the proposed stipulation , the Pipefltters points to no basic difference in the operations of these plants sufficient to warrant other special unit consideration at this time. 158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD '(c) All machinists, including blacksmiths. (d) All pipe fitters. (e) All other production and maintenance employees, includ- ing oilers, knife grinders, and auto mechanics. Springhill, Louisiana, plant (Case No. 15-RC-473) (f) All millwrights. (g) All. welders. _ (h) All boilermakers. (i) All steelworkers. (j) All toolroom employees, including machinists and black- smiths. (k) All sheet metal workers. (1) All pipe fitters. (m) All other production and maintenance employees, includ- ing auto and Diesel mechanics, crane operators, knife grinders, roll grinders, well-men, and oilers. Panama City, Florida, plant (Case No. 15-RC-475) (n) All millwrights. (o) All steelworkers. (p) All toolroom men, including machinists and blacksmiths. (q) All sheet metal workers. (r) All welders. (s) All carpenters. (t) All pipe fitters. (u) All production and maintenance employees, including metermen, auto mechanics, crane operators, mechanics, paper mill turbine operators, the molder,.and firemen. [Text of Direction of Elections omitted from publication in this volume.] LLOYD A. FRY ROOFING COMPANY and LOCAL 707, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL, PETITIONER. Case No. 39- RC-305. July 1 2,1951 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Clifford W. Potter, hearing officer. 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 Act, the Board has delegated its powers in connection with this case to a three-mem- ber panel. [Members Houston, Reynolds, and Styles]. 95 NLRB No. 19.