Thomas Paper Stock Co.

In the Matter of THOMAS PAPER STOCK COMPANY and WAREHOUSE AND DISTRIBUTION WORKERS UNION , I. L. W. U., LOCAL 2-8, C. I. O. Case No. R-4081.Decided August 19, 1942 Jurisdiction : scrap paper sorting and shipping industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition ; election necessary. Unit Appropriate for Collective Bargaining : all production employees, including elevator operators, but excluding maintenance, supervisory, clerical and office employees, truck drivers, and truck helpers. Mr. Hymen S. Gratch, of Chicago, Ill., for the Company. Mr. San Lissitz, of Chicago, Ill., for the Union. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Warehouse and Distribution Workers Union, I. L. W. U., Local 2-8, C. I. 0., herein called the Union, alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Thomas Paper Stock Company, Chi- cago, Illinois, herein called the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice before Russell Packard, Trial Examiner. Said hearing was held at Chicago, Illinois, on July 29, 1942. 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 Thomas Paper Stock Company, an Illinois corporation with its place-of business at Chicago, Illinois, is engaged in the business of 43 N. L. R. B., No. 62. 377 378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sorting, grading, and shipping scrap paper. During the year 19411 the Company purchased approximately $375,000 worth of scrap paper. During the same period, the Company's gross sales were ap- proximately $500,000, about 30 percent of which represented products shipped outside the State of Illinois. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED 'Warehouse and Distribution Workers Union, I. L. W. U., Local 2-8, is a labor organization affiliated with the, Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 11, 1942, the Union, requested the Company to recognize and confer with it for the purpose of collective bargaining. The Company has failed to recognize or bargain with the Union. A statement of the Regional Director, introduced-in evidence at the hearing, shows that the Union represents a substantial number of ,employes 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. I. THE APPROPRIATE UNIT 'The Company and the Union agreed that the unit should consist of all the Company's production employees, excluding maintenance, supervisory, clerical -and office employees, and truck drivers. ' How- ever, the Company desires also to exclude elevator operators and truck helpers. The Company employs four elevator operators who assist the truck helpers in unloading trucks, put material on elevators, take it to the third floor of the plant, and there unload A. Approximately 90 percent of their time is so spent. During the remainder of the time, they may be assigned to act as truck helpers or to perform various duties throughout the plant. Although the record does not contain a description of the duties performed by other employees in the plant, it would appear from the nature of the Company's business that the 'The Regional Director reported that the Union submitted 55 application cards, 54 bearing apparently genuine, original signatures , and 47 bearing names of persons listed on the Company's pay roll of July 6, 1942, which contains the names of 61' persons in the unit alleged by the-Union to be appropriate He also -iepoited that there were 449 employees in the unit alleged by the Company to be appropriate and that 37 of the Union's cards bear names of persons within such unit. THOMAS PAPER STOCK COMPANY 379 work of the- elevator operators, is sufficiently related to that of other employees to snake their inclusion within the unit advisable. We shall include the elevator operators within the unit. There are six or seven truck helpers employed by the Company whose duty it is to-ride on the trucks with the truck drivers and load and unload materials: During about 20 percent of their, time,, truck helpers perform other tasks in the plant, occasionally assisting eleva- tor operators. Since the major portion of their work is related to that of truck drivers, whom the parties have agreed to exclude, we shall exclude the truck helpers from the unit. We find that all production employees of the Company, including elevator operators, but excluding maintenance, supervisory, ,clerical and office employees, truck drivers, and truck helpers, 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 find that the question concerning representation which has arisen can best be- resolved by an election by secret ballot. The Union, desires that the pay °roll of July 2, 1942, be used to -determine eligibility to vote because of an unspecified number of lay-offs which occurred about July 5. The Company requests that a pay-roll,date 6 weeks prior to the date of the election be used to determine eligi- bility. It appears that the business of the Company is now slack and that it will continue to decline to some extent. We find no reason for departing from-. our usual practice and shall direct that the ,employees of the Company eligible to vote in the election shall be those 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 Direc- tion. The Union requested that it be designated on the ballot as "C. I. O. Warehouse and Distribution Workers Union." We shall direct that it be so designated. 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 8, of National.Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby - DIRECTED that, as, part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Thomas Paper Stock Company, Chicago, Illinois, an election by secret ballot shall be conducted as early as possible but not later than thirty '(30) days 380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD from the date of this Direction, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section' 9, 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 any such employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by'C..I. 0. Warehouse and Distribution Workers Union, for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the -consideration of the above Decision and Direction of Election.