The William Koehl Co.

In the Matter of THE WILLIAM KOEHL COMPANY and INTERNATIONAL BROTHERHOOD OF PULP, SULPHITE, PAPER MILL WORKERS, AFFILI- ATED WITH THE AMERICAN FEDERATION OF LABOR Case No. 9-B-1946.-Decided January 5, 1946 Taft, Stettinius, and Hollister, by Mr. J. Mack Swigert, of Cin- cinnati, Ohio, for the Company. Mr. Earl Taylor, of Cincinnati, Ohio, for the Paper Workers. Messrs. Wm. H. McHugh, and Marcus Kluber, of Cincinnati, Ohio, for the Pressmen. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION 7 STATEMENT OF THE CASE Upon a petition duly filed by International Brotherhood of Pulp, Sulphite, Paper Mill Workers, affiliated with the American Federa- tion of Labor, herein called the Paper Workers, alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of The William Koehl Company, Cincinnati, Ohio, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before James A. Shaw, Trial Examiner. The hearing was held at Cincinnati, Ohio, on October 29, 1945. The Company, the Paper Workers, and Inter- national Printing Pressmen and Assistants' Union of North America, affiliated with the A. F. of L., Local #367, herein called the Pressmen, appeared and participated. All parties were afforded full opportunity to be' lieard, 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 I. THE BUSINESS OF THE COMPANY The William Koehl Company, an Ohio corporation, is engaged in the manufacture of folding and set-up boxes with its principal office 65 N L. R. B, No. 38. 190 THE WILLIAM KOEHL COMPANY 191 and place of business at Cincinnati, Ohio. During the past 12-month period it purchased raw materials consisting for the most part of cardboard or paperboard and paper having a value in excess of $100,000, of which approximately 95 percent was obtained from sources outside the State of Ohio. During the same 12-month period the value of its finished products was in excess of $100,000, of which approximately 40 percent was shipped to points outside the State of Ohio. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act.- II. THE ORGANIZATIONS INVOLVED International Brotherhood of Pulp, Sulphite, Paper Mill Workers, affiliated with the American Federation of Labor, is a labor organiza- tion admitting to membership employees of the Company. Local 367, International Printing Pressmen and Assistants' Union of North America, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. TILE QUESTION CONCERNING REPRESENTATION On September 24, 1945, the Paper Workers requested recognition by the Company as the exclusive bargaining representative of its employees. The Company refused to accord recognition unless and until the Paper Workers is certified by the Board in an appropriate unit. The Pressmen contends that the present proceeding is barred by an existing contract between the Pressmen and the Company.' The con- tract between the Pressmen and the Company is an exclusive bargain- ing agreement effective October 13, 1944, for a period of 1 year, sub- ject to automatic renewal in the absence of written notice given by either party 90 days prior to October 13, 1945, of a desire to change, modify, or cancel the agreement. Pursuant to this notice provision, the Pressmen formally notified the Company on July 10, 1945, of its desire to negotiate a new contract for the coming year. By requesting modifications in the contract of October 13, 1944, the Pressmen evinced a desire to terminate the contract as of its original expiration date, October 13, 1945, thereby causing the auto- matic renewal clause contained therein to become inoperative. Con- sequently, the 1944 contract was not automatically renewed, and in- I The Company also urged a jurisdictional dispute between the Pressmen and the Paper workers as a bar to the proceeding We find no merit in such contention. 679100-46-vol. 65--14 192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD asmuch as no new agreement was executed prior to presentation of the Paper Workers' claim to representation, we find that there exists no contractual bar to a present determination of representatives.' A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Paper Workers represents a substantial number of employees in, the unit hereinafter found appropriate 3 We find that a question affecting commerce has arisen concerning the representation of employees of the Company within the meaning 5 of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties are in general agreement that a unit consisting of all production and maintenance employees of the Company, excluding supervisory employees, is appropriate 'for the purposes of collective bargaining. The only dispute concerns the question of including or excluding certain fringe classifications. The Paper Workers would include, while the Company and the Pressmen would 'exclude, en- gineers, firemen, and janitors. The evidence reveals that all of the disputed classifications have, since 1939, been excluded from a series of collective bargaining agree- ments between the Company and the Pressmen covering the produc- tion and maintenance employees. It also appears that the functions of employees in the disputed classifications are specialized and not necessarily related to those of the other production and maintenance employees. Under the circumstances, we shall adhere to our usual practice and not disturb the contract unit established as the result of collective bargaining between the Company and the Pressmen.4 We find that all production and maintenance employees, excluding office and clerical employees, engineers, firemen, janitors, foremen, superintendents, and any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 2 See Matter of Goetz Ice Company, 61 N L R. B. 761. 8 The Field Examiner reported that the Paper workers submitted 99 membership au- thorization cards and that the cards were.undated. There are 188 employees in the unit claimed to be appropriate by the Paper Workers. The objection of the Company to the admission in evidence of the Board agent's report upon the ground that no opportunity was afforded the Company to cross-examine the Board's agent with respect to the authorization cards aforesaid is without merit. See Matter of Gaylord Bros, Inc., 64 N L. R B. 1350 The Pressmen relied upon its contract as evidence of Its interest in the present proceeding. 4 See Matter of Petersen-& Lytle, 60 N L. it. B. 1070. THE WILLIAM KOEHL COMPANY V. THE DETERMINATION OF REPRESENTATIVES 193 We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among 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. 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 The William Koehl Company, Cincinnati, Ohio, 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 Ninth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among 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 tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding 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 Inter- national Brotherhood of Pulp, Sulphite, Paper Mill Workers, af- filiated with the A. F. of L., or by Local 367, International Printing Pressmen and Assistants' Union of North America, for the purposes of collective bargaining, or by neither.