West Virginia Pulp & Paper Co.

In the Mattel of WEST VIRGINIA PULP & PAPER COMPANY and LocAL No. 152, INTERNATIONAL BROTHERHOOD OF PULP, SULPHITE & PAPER MILL WORMERS Case No. R-^M7.Decided September 15, 1937• Paper Manufacturing Industry=Investigation of Representatives: contro- versy concerning representation of employee§: rival organizations; substantial doubt as to majority status ; refusal by employer to recognize either of rival organizations as exclusive representative-Unit Appropriate, for Collective Bar- gaining: all employees in plant except those on salary basis; no controversy as to-Election Ordered-Certiflcation oft Representatives. Mr. Reeves R. Hilton for the Board. Gleason,, McLanahan, Merritt c6 Ingraham, by Mr. Henry Clifton, Jr., of New York, N., Y., for the Company. Mr. Millard L. Midonick, of counsel to the Board. DECISION STATEMENT OF THE CASE ,On Jul' 2,1937, Local No. 152, International Brotherhood of Pulp, Sulphite & Paper Mill Workers, herein called Local.152, filed with the Regional Director for the Fifth Region (Baltimore, Maryland) a petition alleging that a question affecting commerce had arisen concerning the representation of the employees of West Virginia Pulp & Paper Company, Covington, Virginia, herein called the Com- pany, and requesting an investigation and certification of represen- tatives pursuant to Section 9 (c) of: the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 26, 1937, the Board, acting pursuant to Article III, Section 3. of National Labor Relations Board Rules and' Regulations 'Series 1, as amended, authorized the Regional Director to conduct an investigation and to provide for an appropriate hearing in connection' therewith. 'On August 3, 1937, the Regional Director issued' a notice of hearing to be held at Cov- ington, Virginia, 'oin 'August 16, '1937. On August 12, 1937, the Regional Director issued a notice of change of place of hearing to be held at Baltimore, Maryland. The Company and Local 152 were served with both notices, but Employees' Protective Association, Cov- ington Mill, herein called the Association, which had been named in the petition as also claiming to repres' nt employees of the Com- 675 676 NATIONAL LABOR RELATIONS BOARD pany, was served with neither. However, a letter' dated July 10, 1937, from a representative of the Association, was directed to the Regional Director. It set forth that the Association had heard of the petition by Local 152 but was unable to employ counsel; that the membership of,the Association, encompassed a majority of :the em- ployees of the,Company at its Covington, Virginia plant;. that the Association did not desire an election; that the Association desired advice and information from the Regional Director. At the hearing subsequently held this communication from the' Association was treated as a petition for intervention. .Contrary to both notices, the hearing was in fact held on August 16, 1937, at Washington, D. C., before James G. Ewell, the Trial Examiner duly designated by the Board, in accordance with a 'con-' sent 2 signed by representatives of the Company, Local 152, and the Association. By this consent and by the comprehensive stipulation of these parties read into the record at the hearing, the' Company, Local 152, and the Association have waived all objectiori'to the, inter- vention of the Association and to the jurisdiction of the Board over the persons of each of them. The Board, the Company, and Local 152 were represented by coun- sel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all the parties. During the course of 'thehearing the Trial Examiner made numerous rulings on motions and on the admission of evidence, and no objectionswere made' nor exceptions taken thereto. The Trial Examiner's rulings "are hereby affirmed. • ' ' ' Upon the 'entire record in the case, the Board makes' the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY West, Virginia Pulp & Paper Company, incorporated in, Delaware in 1899, hits its principal business office in New York City;, ,and owns and operates a mill in Covington, Virginia. The Company, is. en- gaged in the manufacture and distribution of, pulp and paper prod- ucts and, chemical by-products. The processes of , manufacture include soda, sulphate and sulphite pulp, preparation,, , and paper manufacturing by the Fourdrinier and Cylinder Machines process. 'Engaged in these operations are approximately 1800 workers ,in the Company's Covington, Virginia, mill, of which number about 110 are 'salaried' employees. Among the 110 salaried employees are in- cluded' all those occupying supervisory positions.' 1 Board Exhibit No. 2 2 Board Exhibit No. 3. DECISIONS AND ORDERS' " ' 677 It is, stipulated by- the Company, Local' 152,' and the Association that approximately 70 • per cent, of the raw ; materials used- by, the Company are obtained -from states other than the, State of Virginia. The principal' raw materials used, are pulp'wood' from West Virginia and North Carolina, coal; from West Virginia,' clay from' Georgia, and sulphur from, Texas. - These substances are' shipped'to the Com- pany's mill by railroad and motor truck. In addition to 'these raw materials the Company uses in the manufacture of its products Fourdrinier and Cylinder paper machines, rewinders, calenders, cutters, trimmers, pulp, digesters, chippers; kiln's, rotary • furnaces. power plant, boiler, and other equipment. These machines and re- placement a'nd repair parts have been and are being' purchased prili- cipally ' in Massachusetts,' Delawa`re', ' Ohio, Newt York,' Connecticut, Pennsylvania, Virginia;' Wisconsin, Illinois; 'and 'Missouri, and are shipped by railroad to the' mill. About 95 per scent of "the, finished product 'is shipped''by railroad out of the State of,,Virginia'to 'other states;tprincipally New! York, Illinois,' New Jersey, and Pennsylvania. ' The volume i of production for ' the last peak month., of, operation, June 1937, was, approximately 13,725 tons, and the pay roll' for the'same period' amounted' to,$198,882. The, gross: value of the Company's products 'at the mill fori the 'year November 1'935 to' November 1936 amounted to $11,310;66526. ' ' The product is ' sold' directly by salesmen and through agents to' printers, publishers; and, paper converters: The l Company' is considered a major factor ^ in thei industry:' •, It; advertises its products' in 'trade publications and by direct advertising. It belongs to, the American Paper and Pulp -Association. t „I yt'r H„THE ORGANIZATIONS INVOLVED,,„, Local No. 152, International Brotherhood of 'Pulp; Sulphite '& Paper Mill Workers is ,a labor organization.,,,It admits to member- ship all workers in the Company's mill, except supervisory, clerical, and salaried employees. Employees' 'Protective' Association, 'Covington Mill; is' a labor union which likewise admits -to membership all workers' in Company's mill, except 'supervisory, clerical, and salaried 'employees. 'III. THE APPROPRIATE, ' UNIT It is stipulated by the Company, Local 152, and 'tlle Association that a unit composed of all employees at the Company's mill, except those employees compensated on a salary, basis, is the proper unit for the purposes' of collective' bar gaining. Iii view of this stipulation' by , all the 'parties and in the absence of ally facts brought forward at' the ' Bearing which would 'indicate 49446-38-vol III--44 678 NATIONAL LABOR RELATIONS BOARD that this unit is not the proper one, and in order to insure the Com- pany's employees the full benefit of their right to self-organization and to collective bargaining, and otherwise to effectuate the policies of the Act, we find that all the employees of the Company at its Cov- ington, Virginia, plant, except those employees compensated on a salary basis, constitute a unit. appropriate for the purposes, of collec- tive bargaining.' • IV. THE QUESTION CONCERNING REPRESENTATION Of approximately 1700 eligible workers, Local 152 claims to rep- resent over 1000 and the Association claims to represent more than 1100. It is certain only that each has a substantial number, of mem- bers among the employees of the Company. It is stipulated by the -Company, Local 152, and the Association that the Company has no knowledge of which organization represents a majority of its em- ployees, and that the Company questions particularly such a claim made by Local 152, the petitioner herein. ' It appears.from the record that the,Company, has refused and will refuse, in the absence of a certification by the Board,,to recognize representatives of either of the rival labor organziations as the exclusive.representatives ,of all the, employees in the appropriate unit ,for the purposes of collective bargaining,,but will bargain with the representatives of each organi- zation only for its membership. It is agreed, by, stipulation of the Company, Local 152, and the Association that,an election pursuant to an order of the National Labor Relations Board is desired by the parties thereto. , We find, therefore, that a question has arisen-concerning the repre- sentation of the employees of the Company. We further find that an election by secret'ballot is necessary to resolve this question. . ' V. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION ON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I, above, has a close , intimate, and substantial relation to trade, traffic , and commerce among the several states, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. CONDUCT OF ELECTION At the hearing the parties to this proceeding stipulated that all employees of the Company on the pay roll of June 1, 1937, and within the appropriate unit stated above, shall be eligible to vote. We'shall so order. DECISIONS AND ORDERS 679 CONCLUSIONS OF LAW On the basis of the above findings of fact, the Board makes, the following conclusions of law : 1. A question affecting commerce has arisen concerning therepre- sentation of the employees of the Covington, Virginia, mill of West Virginia Pulp & Paper Company, within the meaning of Section 9'(c) and Section 2, subdivisions (6) and (7) of the National Labor Relations Act. 2. All of the employees of the Covington, Virginia, mill of West Virginia Pulp & Paper Company, except those employees compen- sated on a salary basis, constitute a unit appropriate for the purposes of collective bargaining, within the meaning, of Section 9 (b) of the National Labor Relations Act. 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, 49 Stat. 449, and pursuant to Article, III, Section 8 of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with West Vir- ginia Pulp & Paper Company, an election by secret ballot shall be conducted within fifteen. (15) days from the,,date of this Direction, under the direction and supervision of the Regional Director for the Fifth Region, acting in this matter ,as agent for the National Labor Relations Board, and subject to Article III, Section 9 of said Rules and Regulations-Series 1, as amended, among all of the employees of the Covington, Virginia, mill of West Virginia Pulp, & Paper Company on its pay roll during the work week of June 1, 1937, except those employees compensated on a salary basis, and those who since have quit or have been discharged for cause, to determine whether they desire to be represented by Local No. 152, International Brother- hood of Pulp, Sulphite & Paper Mill Workers, by Employees' Pro- tective Association, Covington Mill, or neither, for the purposes of collective bargaining. [SAME TITLE] CERTIFICATION ,OF REPRESENTATIVES October 11, 1937 ' On July 2, 1937, Local No. 152 , ,International Brotherhood of Pulp, Sulphite & Paper Mill Workers, herein called Local 152, filed with the Regional Director for the Fifth Region (Baltimore, Maryland) ,680 NATIONAL , LABOR RELATIONS BOARD a petition alleging that, a. question affecting commerce had arisen concerning the. representation of the employees of West Virginia Pulp' &' Paper 'Company, Covington, Virginia, herein called the Compan Noticefof; liearing' to be held at' Covington, Virginia, on August 16, 1937, and notice `of''change of place of hearing td ' Baltimore, Maryland, were issued and 'served by' the Regional Director' upon the ' Company and Local ' No. 152. In accordance; however, with a consent '.signed by representatives of the Company, Local 152, and the Employees Protective .Association, 'Covington, herein called the Association, wliicli had been 'named in the petition as a labor` organ- ization claiming 'to represent employee's of the Company, the place of healtingfwas'changed to Washington, D. C.' The hearing was held there on August 16, 1937, before James G.' Ewell, the Trial Exam- iner duly designated by the Board. . On September 15, 1937, the Board issued a Decision and Direction of Election. The Direction of Election provided that an election secret ballot be held among all of 'the eniployees'at the Covington, Virginia, 'mill 'of West Virginia Pulp &' Paper' Company on its pay roll during the'wo`'rk' week of June 1, 1937,''except those employees compensated on a salary basis, and those who since have quit or have been discharged''for'catise,'to determine whether they desired to be `represented' by Local'No. 152, International Brotherhood of Pulp, Sulphite; alid Paper Mill Workers, by Employees" Protective Asso- ciatioh, " Covington mill, or neither, for the ' purposes of collective bargaining: Pursuant'to the'direction, balloting ' was' conducted on'September 28, 1937. Full opportunity 'was' accorded 'to all parties to this ili- vestigation 'to pai ticipate'in the conduct of the secret-ballot and to make challenges. As to 'the' results of the 'secret' ballot, the Regional Director reported : ' Total number eligible________________________________________ 1,599 Total ballots cast__------------------------------------------ 1, 494 Total ''niiinber of'blank ballots__'___________________________!'__ 0 Total' number of void ballots-- Of Total number of ballots cast for Local 152_____________________ 928 Total number of ballots cast for the Association______________ 525 Total number of ballots cast for neither of the above named labor organizations________________________________________ 41 The agent of the' B'oar'd whop conducted the `ballot' caused to be served upon the parties to the proceeding his Intermediate Report on the conduct of the ballot. No objection was filed to the conduct of'tlie' ballot' or ihe'Iiterinediate Report thereon, and the'Regional 1 Board Exhibit No.' 3. + DECISIONS AND ORDERS 681 Director forwarded the Intermediate Report to the Board in Wash- ington, D. C. Now THEREFORE by virtue of and pursuant to power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, -Section 8 of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that Local No. 152, International Brother- hood of Pulp, Sulphite & Paper Mill Workers, has been selected by a majority of all of the employees at the Covin gton, Virginia, mill of West Virginia Pulp and Paper Company , except those employees compensated on a salary basis, as their representative for the pur- poses of collective bargaining, and that pursuant to Section 9 (a) of the National Labor Relations Act, Local No. 152, International Brotherhood of Pulp, Sulphite & Paper Mill Workers, is the ex- clusive representative of all of such employees of West Virginia Pulp and Paper Company for the purposes of collective bargaining in respect to rates of pay, Wages, hours of employment , and other conditions of employment.