Chesapeake Corp. of Virginia

In the Matter of CHESAPEAKE CORPORATION OF VIRGINIA and INTER- NATIONAL BROTHERHOOD OF PAPERMAKERS , LOCAL 457 Case No. R-4904.-Decided July 3, 19113 Mr. David N. Sutton, of West Point, Va., for the Company. Mr. Denver Lambert, of West Point, Va., for the Union. Mr. Louis Cokin, of counsel to the Board. . DECISION AND ORDER STATEMENT OF THE CASE Upon petition duly filed by International Brotherhood of Paper- makers, Local 457, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Chesapeake Corporation of Virginia, West.Point, Virginia, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Anthony E., Molina, Trial Examiner. Said hearing was held at West Point, Virginia, on February 18, 1943. The Company and the Union ap- peared, 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Chesapeake Corporation of Virginia is a Virginia corporation with its principal place of business at West Point, Virginia, where it is engaged in the manufacture, sale, and distribution of kraft board, pulp, and paper. The Company receives raw materials valued in excess of $500,000 annually from points outside the State of Vir- ginia, and ships finished products out of the State of Virginia valued in excess of $5,000,000 annually. The Company admits that it is 51 N. L. R. B., No. 8. 32 CHESAPEAKE CORPORATION OF VIRGINIA 33 engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Brotherhood of Papermakers, Local 457, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. III. THE ALLEGED APPROPRIATE UNIT The Union, which is the certified representative of the non-super- visory employees, seeks a unit comprised of boss machine tenders. The Company employs 4 boss machine tenders, each of whom directs the work of 22 employees. The boss machine tenders are paid on a salaried basis in contrast to the other employees who are paid on an hourly rate. They have the authority to lay off employees and recommend the hire of new employees. In the absence of the super- intendent, the boss machine tenders are the highest supervisory of- ficials in the plant. We find, as we did in a prior decision involving the Company,' that boss machine tenders are supervisory employees. The Union urges that this category of supervisory employees be established as an appropriate bargaining unit. The Company as- serts that these employees are not "employees" within the meaning of the Act and urges that the petition be dismissed. For the reasons stated in the majority and dissenting opinions of the Maryland Dry Dock case,2 we find that the unit herein proposed- is not an appropriate unit for collective bargaining, within the mean- ing of Section 9 (b) of the Act, and we shall therefore dismiss the petition. ORDER Upon the basis of the foregoing findings of fact and upon the entire record in the case, the National Labor Relations Board hereby orders that the petition for investigation and certification of repre- sentatives of employees of Chesapeake Corporation of Virginia, West Point, Virginia, filed by International Brotherhood of Papermakers, Local 457, be, and it hereby is, dismissed. I Matter of Chesapeake Corporation of Virginia and Internatwnal Brotherhood of Paper- makers, Local 457, 45 N. L. R. B. 1289. 2 49 N. L. R. B. 733.