International Paper Co.

INTERNATIONAL PAPER CO. 933 International Paper Company , Southern Kraft Divi- sion and Alabama State Nurses Association, Peti- tioner. Case 15-RC-3841 July 1, 1968 DECISION AND DIRECTION OF ELECTION By MEMBERS FANNING, JENKINS, AND ZAGORIA Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before a Hearing Officer of the National Labor Relations Board. Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connec- tion with this case to a three-member panel. The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. The rulings are hereby affirmed. Upon the entire record in this case, including the Petitioner's and Employer's briefs, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The Employer contends that the Petitioner is not a labor organization because (1) it is not com- petent to deal with grievances or disputes; (2) it ac- cepts for membership both supervisors and em- ployees; and (3) its board of directors is composed of supervisors and employee nurses. Petitioner's bylaws list among its purposes, to "Promote and protect the economic and general welfare of the nurses" and to "represent nurses and serve as their spokesman with allied , professional, community, and government groups, and with the public"; this is broad enough to encompass collec- tive bargaining . Although Petitioner does have su- pervisors as members and supervisors serve on the board of directors the record indicates substantial participation by the employee members in the af- fairs of Petitioner , and that no employer supervisors or employees are presently serving on the board of directors. Further, we note that Petitioner stated, in uncontroverted testimony, that should it be cer- tified , goals and negotiations involving the unit herein would be determined and pursued solely by members of th . unit . For the foregoing reasons, we find the Petitic ier to be a labor organization under Section 2(5) )f the Act. See International Or- ganization of Masters, Mates and Pilots of America, Inc., AFL-CIO (Chicago Calumet Stevedoring Co.), 144 NLRB 1172, affd. 351 F.2d 771 (C.A.D.C.). 3. A question affecting commerce exists con- cerning the representation of certain employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All registered professional nurses employed by Employer at its Mobile , Alabama, location, exclud- ing the head nurse and all other employees, watchmen, guards, and supervisors as defined in the Act.' [Direction of Election2 omitted from publica- tion. ] ' The Employer operates 10 mills in 6 southern States Petitioner seeks to represent the professional nurses located at Employer's Mobile, Alabama, plant Although the production and maintenance employees of Employer are bargained for on a divisionwide basis there is no bargaining history involving the professional nurses The record indicates that the Mo- bile, Alabama, plant is geographically distant from the other plants in the division, that there is virtually no interchange of professional nurses from one plant in the division to another, that the professional nurses are dis- tinct from the other employees at the plant , and that no other labor orga- nizanot, seeks to represent the Employer's professional nurses in a broader unit For the foregoing reasons, we find the unit described above to be appropriate See Joseph E. Seagram & Sons, Inc., 101 NLRB 101 ' An election eligibility list, containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 15 within 7 days after the date of this Decision and Direction of Election The Regional Director shall make the list available to all parties to the election No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed Excelsior Underl ear Inc , 156 NLRB 1236 172 NLRB No. 100