Robert Gair Co., Inc.,

In the Matter of ROBERT GAIR COMPANY, INC., and INTERNATIONAL PRINTING PRESSMEN AND ASSISTANTS' UNION OF NORTH AMERICA, AFL Case No. 1-8-2610.-Decided January 8, 1946 Rathbone, Perry, Kelley and Drye, by Mr. Roderick T. Clarke, of New York City ; Mr. Leland B. Moss, of New York City; and Mr. Janes W. Murphy, of Portland, Conn., for the Company. Mr. Bertram, TV. Kohl, of Boston, Mass., for the Pressmen. Mr. Joseph P. Petretti , of Teaneck , N. J., for the Pulp Workers. Miss Helen Hart, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by International Printing Pressmen and Assistants' Union of North America, AFL, herein called the Pressmen, alleging that a question affecting commerce had arisen concerning the representation of employees of Robert Gair Company, Inc., Portland, Connecticut, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John W. Coddaire, Jr., Trial Examiner. The hear- ing was held at Boston, Massachusetts, on August 17, 1945. The Com- pany and the Pressmen appeared, 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 Examin- er's rulings made at the hearing are free from prejudical error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. ' United Paper, Novelty and Toy workers International Union, CIO, and Congress of Industrial Organizations neie served with Notice of Hearing, but failed to appeal. International Brotherhood of Pulp, Sulphite and Paper Mill workers, AFL, herein called the Pulp workers, was not served with Notice and did not appear at the hearing After the hearing the Pulp Worker, moved to intervene in this proceeding for the sole purpose of being accorded a place on the ballot in the election hereinafter directed. Inasmuch as it appears that the Pulp Wetkets had sonic membership among the employees of the Coni- panp prior to the lwam , the motion is granted See Matter of Cleveland Cuffs Iton Company , 63 N L It 1. 674 65 N L R B., No :i4 267 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Robert Gair Company, Inc., a Delaware corporation with its prin- cipal office in New York City, is engaged. in the business of manufac- turing and selling paper board, corrugated and solid fibre shipping containers, and folding boxes. It operates 14 plants throughout the United States; the Connecticut Corrugated Box Division, located at Portland, Connecticut, is the only plant involved in this proceeding. During a 3-month period ending July 31, 1945, the Company pur- chased 2,655 tons of paper board for this-Division valued at approxi- mately $160,000, of which 1,376 tons were shipped to this Division from points outside the State of Connecticut. During the same period, the Company produced at this Division 3,403 tons of shipping containers valued at about $380,000, of which 1,371 tons were trans- ported to points outside the State of Connecticut. We find that the Company is engaged in commerce, within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Printing Pressmen and Assistants' Union of North America and International Brotherhood of Pulp, Sulphite and Paper Mill Workers, both affiliated with the American Federation of Labor, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Pressmen as the exclusive bargaining representative of certain of its employees until the Pressmen has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Pressmen represents a substantial number of employees in the unit hereinafter found appropriate.2 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, 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 hourly paid production and maintenance employees 2 The Field Examiner reported that the Pressmen submitted 55 membership applications and authorizations and that there were 90 employees in the alleged appropriate unit. ROBERT GAIR COMPANY, INC. 269 engaged at the Connecticut Corrugated Box Division of the Com- pany, including shipping employees, truck drivers, and factory clerks, but excluding office clerical employees," foremen, and all other super- visory employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect changes in the status of employees, or effectively recommended such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the dote 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 Re- lations 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 Robert Gair Com- pany, Inc., Portland, Connecticut, 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 First 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 the 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 temporarily laid off, and including employees in the armed forces of the United States who present themselves in person 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 International Printing Press- men and Assistants' Union of North America, AFL, or by Inter- national Brotherhood of Pulp, Sulphite and Paper Mill Workers, AFL, for the purposes of collective bargaining, or by neither. 'The Company and the Pressmen agree , and we find , that Alma Egleston is to be ex- cluded as an office clerical.