The Maxwell Paper Co.

In the Matter of THE MAXWELL PAPER COMPANY and PAPER WORKERS ORGANIZING COMMITTEE, C. I. O. Case No. 9-R-1916.Decided January 8,19416 Messrs. R. V. Boswell and G. K. Larick, of Franklin, Ohio; and Frost and Jacobs, by Mr. Cornelius J. Petzhold, of Cincinnati, Ohio, for the Company. - Messrs. Frank Grasso, Elzie Bush, and Frank Brown, of Hamilton, Ohio, for the Union. Miss Ruth E. Bliefiield, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by PaperWorkers Organizing Committee, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of The Maxwell Paper Company, Franklin , Ohio, herein called the Com- pany, the National Labor Relations Board provided for an appropri- ate hearing upon due notice before Allen Sinsheimer , Jr., Trial Ex- aminer. The hearing was held at Cincinnati , Ohio, on September 21, 1945. The Company and the Union appeared and participated. All parties 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. 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 Maxwell Paper Company, an Ohio corporation with its main plant and offices located in Franklin, Ohio, is engaged in the manu- facture of paper. Its annual purchases of raw materials, consisting 65 N. L R. B, No. 55. 270 THE MAXWELL PAPER COMPANY 271 principally of pulp, exceed $750,000 in value, more than 50 percent of which is derived from points outside the State of Ohio. The annual value of the Company's finished products exceeds $1,000,000, more than 50 percent of which is sold and shipped to points outside the State of Ohio. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. TILE ORGANIZATION INVOLVED Paper Workers Organizing Committee is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees, until the Union 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 Union represents a substantial number of employees in the unit hereinafter found appropriate. We find that a question affecting commerce has arisen concerning the representation of employees of the Company within the mean- ing 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 employees at the Company's Franklin, Ohio, plant, including inspectors, shipping department employees, night plant janitor, truck drivers, firemen, engineers, the scale clerk or weighmaster, and the boss cutterman,2 but excluding all other office and clerical employees, the office janitor, shipping clerk, the superintendent, tour bosses, the chief electrician, chief engineer, maintenance department foreman, unloading gang foreman, foreman of the finishing department, assist- ant foreman of the finishing department, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 1 The Field Examiner reported that the Union submitted 91 authorization cards, 81 of which bore the names of employees listed on the Company's pay roll of August 26, 1945. There are approximately 167 employees in the apps opriate unit 2It does not appear that this employee is a supervisory employee within the meaning of the Board's usual definition 679100-46-vol 65-19 272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The Company contends that an election at this time would not be appropriate because the composition of its working force will be greatly changed by the return of employees from the armed services. In the alternative it requests that employees in the armed services be permitted to vote by mail. It appears that there are presently 167 employees of the Company in the unit found appropriate above, and about 49 employees presently in the armed services. The circum- stances in this case are not materially or substantially different from those present in the South West Pennsylvania Pipe Lines case,3 wherein we provided for mail balloting of employees on military leave. We shall permit employees on military leave to vote by mail in this case also, adopting the same procedure as in the South West Penn- sylvania Pipe Lines decision. Accordingly, we shall direct that the question concerning repre- sentation 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 election herein, subject to the limitations and additions set forth in the Direc- tion. In this case, the Regional Director is authorized to mail ballots to employees within the appropriate unit on military leave, provided one or more of the parties hereto, within seven (7) days from the issuance of the Direction of Election, files with the Regional Director a list containing the names, most recent addresses, and work classifica- tions of such employees. The Regional Director shall open and count the ballots cast by mail by employees on military leave, provided that such ballots must be returned to and received at the Regional Office within thirty (30) days' from the date they are mailed to the em- ployees by the Regional Director 4 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 Relations 3 64 N. L. R. B. 1384. 'A free inteichange between the interested pasties of information on the addresses and work categories of the employees to be balloted by mail will be necessary in order to avoid challenges and post-election objections Accordingly, the Board will make available to all interested parties any information of this nature furnished it by any other party. In the event that the parties should send the absentee voters any information or literature bearing directly or indirectly on the pending election , copies of all such documents should be simultaneously filed with the Regional Office for inspection by or transmittal to the other parties However, acceptance or transmittal of such literature by the Board's office is not to be construed as conferring immunity on the filing party in the event that objec- tions are later interposed concerning its content . The usual principles will apply. THE MAXWELL PAPER COMPANY 273 Act, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 Maxwell Paper Company, Franklin, 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 temporarily laid off, and including employees in the armed forces of the United States, 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 or not they desire to be represented by Paper `Yorkers Organizing Committee, C. I. 0., for the purposes of collective bargaining. MR. GERAxn D. REILLY took no part in the consideration of the above Decision and Direction of Election. ,s