Rockton Felt and Paper Co.

In the Matter of ROCKTON FELT AND PAPER COMPANY, EMPLOYER and UNITED FURNITURE WORKERS OF AMERICA, C. I. 0., PETITIONER Case No. 13-B-4116.-Decided April 8,1947 Cohon & Goldstein, by Mr. Samuel S. Cohon, of Chicago, Ill., for the Employer. Mr. Renard Rollins, of Chicago, Ill., for the Petitioner. Messrs. David S. Larner and John S. Bailey, of Kalamazoo, Mich; for the Paper Makers. Mr. Stanley R. Strauss, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed,' hearing in this case was held at Chicago, Illinois, on February 7, 1947, before Gustaf B. Erickson, hearing offi- cer, and was continued on February 14, 1947, before-Max Rotenberg, 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 1. THE BUSINESS OF THE EMPLOYER Rockton Felt and Paper Company, an Illinois corporation with its place of business in Rockton, Illinois, is engaged in the manufacture of paper products from waste paper. During 1946, the Employer purchased raw materials valued in excess of $100,000, of which more than 20 percent was received from sources outside Illinois. During 1945, the Employer sold finished products valued in excess of $200,000, of which more than 50 percent was sold outside Illinois. ' A motion made during the hearing to change the name of the Petitioner from United Furniture Woikers of America , C. I. 0., to United Paper Workers of America , C. I. 0., was subsequently withdrawn 2 International Association of Machinists , served with notice of hearing, did not appear and took no part in this proceeding 73 N L. R. B., No. 39. 224 ROCKTON FELT AND PAPER COMPANY 225 The Enlp'loyer admits and we find that it is engaged'in commerce within the meaning of the National Labor Relations Act. 11. TIIE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. International Brotherhood of Paper Makers, herein called the Paper Makers, is a labor organization affiliated with the American Federa- tion of Labor, claiming to represent employees of the Employer. I1T. TIYEQUES`I'ION CONCEIENING REPIkESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial accordance with the agreement of the parties, that all production and maintenance employees of the Employer, excluding clerical and office employees, and all supervisory employees with authority to hire,. promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION 3 As part of the investigation to ascertain representatives for the purposes of collective bargaining with Rockton Felt and Paper Com- pany, Rockton, 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, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulatlons- Series 4, among the employees in the unit found appropriate in Sec- tion IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees 3 Any participant in the election heiein may, upon its prompt request to, and approval thereof by , the Regional Directoi, have its name removed from the,'ballot. 226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in per- son at the polls, 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 they desire to be represented by United Furniture Workers of America, C. I. 0., or by International Brotherhood of Paper Makers, A. F. of L., for the purposes of collective bargaining, or by neither. CHAIRMAN HEuzoa took no part in the consideration of the above Decision and Direction of Election.