Sutherland Paper Co.

622 DECISIONS OF NATIONAL LABOR RELATIONS BOARD was protected against discharge based on the Respondent's request. We conclude, therefore, that the Respondent Union's act in causing the complainant's discharge was a violation of Section 8 (b) (1) (A) and (2) of the Act. As the effect of the unfair labor practices upon commerce, the remedy, the conclusions of law, and the Order of our original Decision and Order are not inconsistent with our findings herein, we hereby adopt them as part of this Supplemental Decision and Order. MEMBER LEEDOM took no part in the consideration of the above Sup- plemental Decision and Order. Sutherland Paper Company and United Paper Workers of Amer- ica, CIO, Petitioner. Case No. 7-RC-2677. May 6, 1955 DECISION AND DIRECTION OF ELECTIONS Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Emil C. Farkas, hearing offi- cer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer.' 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks a unit of all production and maintenance employees at the Employer's Kalamazoo, Michigan, operations. The Independent, which has represented all production and maintenance employees since 1937, and the Paper Makers, are in substantial agree- ment with the unit position of the Petitioner. The Printing Pressmen, however, seeks to sever from the existing production and maintenance unit all printing and cutting pressmen, feeder operators, their assist- ants, helpers, and apprentices. Local 507 desires to represent the same 1 The following labor organizations were permitted to intervene at the hearing : Inde- pendent Union of Sutherland Paper Company Employees, Inc, herein called Independent ; International Brotherhood of Paper Makers, AFL, herein called Paper Makers ; Interna- tional Printing Pressmen & Assistants' Union of North America, AFL, herein called Print. ing Pressmen ; and Printing Specialties & Paper Products Union, Local 507, affiliated with International Printing Pressmen & Assistants' Union of North America, AFL, herein called Local 507. 112 NLRB No. 88. SUTHERLAND PAPER COMPANY 623 unit sought by the Petitioner except that it would exclude the em- ployees sought by the Printing Pressmen. The Employer has taken no position with respect to the unit contentions set forth above. The Employer is engaged at its north side, east side, and south side plants in Kalamazoo, Michigan, in the manufacture of paperboard and its conversion into paper products. About 65 percent of the paper- board manufactured is used to make cartons. This board goes di- rectly to the Employer's printing presses, from there to the cutting presses, and then to the finishing department for gluing and/or wax- ing. These operations are performed by employees in division 9, in division 2, which includes a job press department, and in division 5, which includes a label department. The Employer also converts paperboard into other paper products, such as cups and plates, in di- vision 11 at the south side plant, known as the converting plant for specialties. Printing and cutting operations are also performed on presses in division 11. The employees whom the Printing Pressmen seeks to represent are employed in the 4 divisions described above. The pressmen sought are engaged primarily in printing and cutting operations on presses similar to those generally used in the printing in- dustry. Mercury presses are used in division 11. The latter are com- bination presses which print and cut. They are also in common use in the industry. The employees who work on the Mercury presses and those in the Sperry department of division 9 are classified as operators. The printing and cutting pressmen and the operators exercise the same degree of skill, receive similar rates of pay, and are among the high- est paid employees in the plant.2 Feeder operators assist the printing and cutting pressmen in their work by keeping the feeders, which feed paper to the presses, functioning and operating properly. The em- ployees sought by the Printing Pressmen are considered as a group for seniority purposes. They are also considered to be in one line of progression so far as promotion is concerned. Thus helpers progress to apprentice positions and then to journeymen positions. Appren- tices serve a 4-year apprenticeship and receive on-the-job training by working on the presses with journeymen. In 1953 the Board considered the question of severing the employees sought herein by the Printing Pressmen from an existing production and maintenance unit, and held that they constituted an appropriate craft group entitled to a "Globe" election.' The record discloses that there have been no material changes in the Employer's operations or the duties performed by the employees in question since 1953.' Under 2 The sates of pay for pressmen vary according to the presses they operate Thus a 5-color pressman receives a higher rate than a 4-color pressman , is ho in turn receives moie than a 3-color pressman , and so on 3 Sutherland Paper Company, 106 NLRP 524 4 The unit found appropriate in the earlier decision included employees in division 8. At the time of the hearing herein this division was being moved into division 11 624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD all the circumstances, including the fact that employees sought by the Printing Pressmen perform the customary and usual functions of their classifications, we find that the pressmen constitute a traditional craft group within the meaning of the American Potash case,' and that, together with their apprentices and helpers, may be separately represented for bargaining purposes if they so desire.' We further find that the Printing Pressmen is a union which has historically rep- resented separate pressmen units. We shall therefore direct elections in the following voting groups of employees at the Employer's Kalamazoo, Michigan, operations : (1) All printing and cutting pressmen, operators, feeder operators, apprentices, assistants, and helpers, excluding all other employees, guards, and supervisors as defined in the Act. (2) All production and maintenance employees, excluding em- ployees in group (1), office clerical employees, guards, and supervisors as defined in the Act. If a majority of the employees in voting group (1) select the Print- ing Pressmen, those employees will be taken to have indicated their desire to constitute a separate bargaining unit and the Regional Di- rector conducting the election is instructed to issue a certification of representatives to the Printing Pressmen for such unit, which the Board, in such circumstances, finds to be appropriate for purposes of collective bargaining. In that case, the Regional Director conduct- ing the election is instructed to issue a certification of representatives to the labor organization selected by a majority of the employees in voting group (2), which the Board, in such circumstances, finds to be a unit appropriate for the purposes of collective bargaining. How- ever, if a majority of the employees in voting group (1) do not vote for the Printing Pressmen, they will appropriately be included in the production and maintenance unit and their votes shall be pooled with those voting in group (2),' and the Regional Director conducting the election is instructed to issue a certification of representatives to the labor organization selected by a majority of the employees in the pooled group, which the Board, in such circumstances, finds to be a single unit appropriate for purposes of collective bargaining. [Text of Direction of Elections omitted from publication.] 5 Amepican Potash d Chemical Corporation, 107 NLRB 1418 0 Crowell Cat ton Company, 111 NLRB 528 , Sutherland Paper Company, supra , Kellogg Company, 103 NLRB 302 , Parke, Davis & Co, 85 NLRB 533 P If the votes are pooled , they are to be tallied in the following manner : The votes for the Printing Pressmen shall be counted as valid votes, but neither for nor against any union seeking to represent the more comprehensive unit , all other votes are to be accorded their face value, whether for representation by a union seeking the comprehensive group or for no union