Federal Fibre Mills

In the Matter of Louis F. KLIPSTEIN AND JOHN U. BARR, A LOUISIANA PARTNERSHIP, DOING BUSINESS AS FEDERAL FIBRE MILLS and TEXTILE WORKERS ORGANIZING COMMITTEE Case No. R-1408.-Decided September 13, 1939 Rope and Twine Manufacturing Industry-Investigation of Representatives: controversy concerning representation of employees : controversy as to appropriate unit ; majority status disputed by employer-Unit Appropriate for Collective Bargaining : all production employees and the elevator man, tester , sweepers, shipping-department employees, and wasteworker, but excluding supervisory, office, and clerical employees, machine-shop employees , oilers, and watchmen ; controversy as to inclusion of machine-shop employees, oilers, watchmen, waste- worker, shipping-department employees, and alleged supervisory employees- Representatives : eligibility to participate in choice : dispute as to ; pay roll of June 15, 1939, request for by the Union, which includes temporary employees to be discharged on June 29, 1939, not used as basis for eligibility because of absence of likelihood of reemployment of such employees ; employees currently on pay roll, including employees absent with leave and expected to return to work-Election Ordered Mr. C. Paul Barker, for the Board. Legier, McEnerny c Waguespack, by Mr. Harry McEnerny, Jr., and Rosen, Kammer, Wolff d Farrar, by Mr. Alfred C. Kammer, of New Orleans, La., for the Company. Mr. Jack Blumberg, of New Orleans, La., for the Union. Mr. David Findling, of counsel to the Board.' DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 1, 1939, Textile Workers Organizing Committee, herein called the Union, filed with the Regional Director for the Fifteenth Region (New Orleans, Louisiana) a petition, and on June 6, 1939, an amended petition, alleging that a question affecting commerce had arisen concerning the representation of employees of Louis F. Klipstein and John U. Barr, a Louisiana partnership, doing busi- ness as Federal Fibre Mills, New Orleans, Louisiana, herein called 15 N. L. R. B., No. 32. 256 LOUIS F. KLIPSTEIN 257 the Company,' and requesting an investigation. and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 18, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On June 7, 1939, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and upon the Union. Pursuant to the notice, a hearing was held on ,June 19, 20, and 21, 1939, at New Orleans, Louisiana, before Henry J. Kent, the Trial Examiner duly designated by the Board. The Board and the Company, represented by counsel, and the Union, represented by its official representative, .participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties, During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were. committed. The rulings are hereby. affirmed. After the hearing the Company filed a brief with the Board which has also been considered. On August 4, 1939, Louis F. Klipstein died, thereby effecting a dissolution of the partnership under Louisiana law; John U. Barr, individually, is now conducting the business formerly conducted by the partnership, under the same firm name.2 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Prior to August.4, 1939, Federal .Fibre Mills was a partnership composed of Louis F. Klipstein and John U. Barr. On that day Louis F. Klipstein died, thus effecting a dissolution of the partner- ship under Louisiana law, and John U. Barr, individually, is now conducting the business formerly ,conducted by the partnership, un- ' Incorrectly designated in the petition as "Federal Fibre Mills," and amended by motion at the hearing. 2 The facts as to the death of Klipstein , the resulting dissolution of the partnership, and the present conduct of the business , are embodied in a stipulation between the attor- neys for the Company and the Board, which is dated August 21, 1939, and which, by its terms, is made a part of the record . The Board hereby orders the filing instanter of said .stipulation. 258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD der the same firm name.3 The Company is engaged in the business of manufacturing rope, cord, twine, mops, and associated products, and has its plant and principal office in New Orleans, Louisiana. The principal raw materials used in the business of the Company are manila and sisal fibre and cotton yarn. Approximately 95 per cent of these materials are shipped to the Company's mill from points outside of the State of Louisiana, and more than 50 per cent of its finished products are shipped from its mill to other States. During the year 1938, these raw materials and finished products had a bulk weight of approximately 4,124,901 and 4,300,000 pounds, respectively. At the time of the hearing the Company employed approximately 127 persons. II. THE ORGANIZATION INVOLVED Textile Workers Organizing Committee is a labor organization affiliated with. the Congress of Industrial Organizations. It admits to its membership all textile workers, including persons employed in :hosiery mills,,rope mills, and cotton mills, except supervisory and clerical employees, watchmen, and timekeepers. III. THE QUESTION CONCERNING REPRESENTATION Prior to the filing of the petition, the Union, claiming to represent a, majority of the employees in an appropriate unit, requested the Company to recognize it as the exclusive representative of such employees for collective bargaining. The Company refused to do so in the absence of proof that the Union represented a- majority. We find that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free. flow of commerce. V. THE APPROPRIATE UNIT The parties have agreed, and we find, that the appropriate unit :shall include all production employees of the Company, and the elevator man, the tester, and the sweepers, but excluding supervisory, 3 See footnote 2, supra. LOUIS F. KLIPSTEIN 259 office, and clerical employees. However, the Union also wishes to exclude, and the Company to include, all shipping-department em- ployees, machine-shop employees, oilers, watchmen, and the waste- worker. It has generally been our practice to permit the desires of the labor organization, where it is the only one involved, to control as to the inclusion or exclusion from the unit, of watchmen 4 Although the watchmen employed by the Company also perform other incidental duties, we do not feel that these additional duties warrant a departure from our usual practice. We shall therefore exclude the watchmen from the unit. The machine-shop employees and the oilers are mechanics who have a special skill and are considered a separate department of the Com- pany. The duties of the machine-shop employees consist of repair- ing machines, making new parts, and changing gears when necessary in the manufacture of particular types of rope; the oilers lubricate the machines and also make minor repairs, when necessary. We be- lieve that their, interests and functions are not sufficiently similar to those of the other employees to warrant their inclusion within the same bargaining. unit,-'at least where the labor organization involved is opposed to such inclusion. We shall exclude the machine=shop employees and the oilers. The wasteworker is engaged in production, her work consisting of separating ends or broken strands of rope and twine into single yarn. We shall include her in the unit. As stated above, the Union claims that all employees in the ship- ping department of the Company should be excluded from the unit. This department consists of three employees, George E. Esler, Theodore J. Rome, Jr., and Leon E. Faist, who not only perform actual shipping duties but also spend a major portion of their time in production work necessary to fill particular orders. The Union also claims that Esler and Rome should be excluded on the further ground that they are foremen of the shipping department, and mop and hanking ;department,: respectively. Esler does the same work as the other men in the department; Rome is a general utility, man, working in the burlapping, mop and hanking, and shipping depart- ments, as required.b_ Neither of these men exercises any supervisory duties. We shall include Esler, Rome, and Faist in the unit. The, Union also claims, and the Company denies, that certain other named persons are supervisory employees and should be * See Matter of Southern California Gas Company and Utility Workers Organizing Com- mittee, Local No. 132, 10 N. L. R. B. 1123; Matter of Armour R Company and Amal- gamated ' Meat- Cutters and Butcher Workmen of North America, Local No. 235, 10 N. L. R. B. 912. 5 He is carried on4he ' Company pay roll as a member of the shipping department. 260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD excluded from the unit.6 Dewey M. Gilmore and Alois B. Jean- freau, in the preparation department, and Joseph C. Richard and Felix B. Ruppert, in the finishing department, were described by several witnesses as day and night foremen, respectively. Their duties consist of taking charge of and coordinating the work.in their departments; they do not usually operate any machines themselves. Ruppert is also in sole charge of the plant at night-when the assist= ant superintendent is absent. We shall exclude them from the unit. Earl J. Mendel, Ferdinand E. Avettant, and Ralph A. Roux work in the emulsion room, combing room, and burlapping department, respectively. They do substantially the same work as the other men in their respective departments and have no supervisory duties. We shall include them in the unit. We find that all production employees of the Company, and the elevator man, the tester, the sweepers, shipping-department em- ployees, and the wasteworker, but excluding supervisory, office, and clerical employees, machine-shop -employees, oilers, and watchmen, constitute a unit appropriate for the purposes of collective bargain- ing and that said unit will insure to employees of the Company the full benefit 'of their right to self-organization and to collective bar- gaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Company's pay roll for June 15, 1939, which was introduced in evidence, lists 130 persons, of whom 98 are in the unit which we have found appropriate. The Union introduced in evidence 55 au- thenticated membership cards, signed in March and April 1939, by persons concededly within this unit. We believe, however, that the question which has arisen concerning the representation of employees of the Company can best be resolved by holding an election by secret ballot.? The Union, requests that, if an election is ordered, eligibility to .vote should be determined on the basis of the Company's pay roll of June 15, 1939.8 The Company claims this pay roll should not be used because it includes 26 persons within the unit who are temporary employees and will be discharged on June 29, 1939.8 The Company's business is not seasonal and there is no reasonable expectation that The parties agreed that John J . Walsh, Lawrence W. Callen, and Philip H. Santmyer are supervisory employees and should be excluded. See Matter of Armour t Company and United Packinghouse Workers of America, Local Industrial Union No. 13 of the Packinghouse TVorkers Organizing Committee , affiliated with the Congress of Industrial Organizations, 13 N. L. R. B. 567. The Company 's pay roll for May 4, 1939, also in evidence, is the, same as the June 15 pay roll, except that several employees who left voluntarily are not listed on the latter. A brief, submitted by the attorneys for the Company on July 24, 1939, states that these temporary employees were, in fact , discharged. LOUIS F. KLIPSTEIN 261 any of these temporary employees will be rehired at any subsequent time. The Company also employs two women production em- ployees who are absent with leave and who are expected to return to work. While the Company indicated that, in its opinion, these employees should not be permitted to vote, neither it nor the Union expressly objects to their eligibility. Under the circumstances, we find that those eligible to vote shall be employees in the appropriate unit whose names appear on the pay roll immediately preceding our- Direction of Election, including employees who did not work during: such pay-roll period because they were ill or on vacation or leave of absence, and employees who-were then or have since been tempo- rarily laid off, but excluding those employees who have since quit. or been discharged for cause. Upon the basis of the above findings of fact and upon the entire- record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of John U. Barr, doing business as Federal. Fibre Mills,10 New Orleans, Louisiana, within the meaning • of Sec- tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations. Act. 2. The production employees of the Company, and the elevator- man, the tester, the sweepers, shipping-department employees and the wasteworker, but excluding supervisory, office, and clerical em ployees, machine-shop employees, oilers, and watchmen, constitute a, unit appropriate for the purposes of collective bargaining within the. meaning of Section 9 (b) of the National Labor Relations Act. 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, it is hereby DIRECTED that, as part of the investigation authorized by the Board, to ascertain representatives for collective bargaining with John U.. Barr, doing business as Federal Fibre Mills,10 New Orleans, Louisiana,. an election by secret ballot shall be conducted within fifteen (15) day& from the date of this Direction, under the direction and supervision of the Regional Director for the Fifteenth Region, acting in this; matter as agent for the. National Labor Relations Board, and subject. 10 See footnote 2, supra. 199549-39-vol. 15-18 262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to Article III, Section 9, of said Rules and Regulations , among the production employees of the Company, and the elevator man, the tester, the sweepers, shipping-department employees and the waste- worker, but excluding supervisory, office, and clerical employees, machine-shop employees, oilers, and watchmen , whose names appear on the pay roll of the Company immediately preceding the date of the Direction,, and further, including .employees 'within the above- described unit who did not work during such pay-roll period because they were ill or on vacation or leave of absence, and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause , to determine whether or not they desire to be represented by Textile `Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.