Acme Paper Box Co., Inc.

In the Matter of- ACME PAPER Box CO., INC., A CORPORATION and IN- TERNATIONAL PRINTING PRESSMEN & ASSISTANTS ' UNION OF NORTH AMERICA , AFFILIATED WITH THE A . F. OF L. Case No. R-1667.-Decided February 5, 1940 Paper Box Industry-Investigation of Representatives : controversy concerning representation of employees : refusal by employer to recognize the petitioning union without proof that it represented a majority of employees ; controversy concerning appropriate unit: contention that separate departments should con- stitute separate units-Unit Appropriate for Collective Bargaining : all produc- tion and maintenance employees including foremen, but excluding executives, the superintendent , office employees, artists, salesmen , truck drivers, and watch- men ; single unit including both departments-Election Ordered Mr. Stephen M. Reynolds, for the Board. Mr. Henry Heineman, of Chicago, Ill., for the Company. Mr. Joseph B. Roche, of Chicago, Ill., for the Union. Miss Grace McEldowney, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On July 26, 1939, International Printing Pressmen and Assistants' Union of North America,' herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a pe- tition alleging that a question affecting commerce had arisen concern- ing the representation of employees of Acme Paper Box Co., Inc.,2 Chicago, Illinois, herein called the Company, and requesting an in- vestigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 9, 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 ' The record shows that this is the correct name of the labor organization , which is desig- nated in the Petition and Order Directing Investigation and Hearing as "International Printing Pressmen & Assistants' Union of No. America (A. F. L.)." Incorrectly designated as "Acme Paper Box Company" in the Petition and Order Directing Investigation and Hearing. 20 N. L. R. B., No. 13. 146 AC'ME' PAPER BOX iC'OM'PANY, IN (j. 147 and Regulations-Series 2, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On December 15, 1939, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, a hearing was held on December.21, 1939, at Chicago, Illinois, before Herbert Wenzel, the Trial Examiner duly designated by the Board. The Board, the Company, and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the close of the hearing the Company moved to dismiss the peti- tion for lack of jurisdiction. The Trial Examiner reserved his rul- ing on this motion, and it is hereby denied. 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. Pursuant to leave. granted by the Board, the Company filed a brief, which has been considered by the Board. By stipulation dated December 29, 1939,. by and among counsel for the Company, the Union, and the Board,. .:said, stipulation and a copy of the Order Directing Investigation and_ Hearing were received in evidence. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Acme Paper Box Co., Inc., an Illinois corporation with its plant:. and place of business in Chicago; Illinois, is engaged in the manu- facture of folding and set..-up paper boxes and display cards. The Company employs between 175 and 245 persons, the peak of the season coming in September, October, and November. It occupies.. a five-story building with a three-story annex. The folding-box de- partment, including the printing section, is on the first floor, and . employs about 60 persons ; the set-up box department is on the second and third floors and in the annex, and employs about 150 persons; the other two floors are used as a warehouse. The principal raw materials- used by the Company are board, wrapping , paper, glue, box papers, twine, and ink. Raw materials: in 1939 cost approximately $250,000, and two-thirds of such materials., were derived 'from sources outside the State. During the first 11, months of 1939, the gross sales of the Company amounted to $577,529. 148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Sales to customers outside the State of Illinois during this period amounted to $18,101.85, or approximately 3 per cent of the total sales. II. THE ORGANIZATION INVOLVED International Printing Pressmen and Assistants' Union of North America is a labor organization affiliated with the American Feder- ation of Labor. It has jurisdiction over the so-called paper box, set-up box, corrugated paper box and fibre box workers, and admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In July of 1939 the Union requested a conference with the Coin- pany for the purpose of collective bargaining as the representative of employees of the Company. A conference was arranged at which the Company demanded proof that the Union represented a majority of the employees in the plant. The Union was unwilling, however, to allow its membership cards to be checked against the Company's pay rolls. Other meetings then were held, at which the Company offered to recognize the Union as the representative of employees of the folding-box department only, or to agree to separate elections in the two departments. The Union refused both offers. The Union then filed a petition with the Board requesting an investigation and certification of representatives. We find that a question has arisen concerning the 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union contends that all hourly paid production employees of the Company, including foremen, but excluding executives, office employees and the superintendent, constitute a unit appropriate for the purposes of collective bargaining. The Company contends that there should be two separate units, one for the set-up box department and one for the folding-box department. ACME PAPER BOX 'COM'PANY, INC. 149 It appears from the evidence, that at the inception of the Com- pany's business in 1923, and for some 12 years thereafter, the Com- pany operated only a set-up box plant. In 1934 or 1935 the folding- box department was added, and since that time, although it would be possible to operate the two departments separately, they have actually been combined for most administrative purposes. They are housed on different floors of the same building, have a common office and shipping room, and are managed by the same superintendent. In general the employees in the folding-box department are more highly skilled and more highly paid than those in the set-up box department, but the wage for common labor is the same, and general increases in pay apply to both. A single pay roll is.maintained, and all employees are grouped together for Social Security and other reports. While the machines and operations differ, there are oc- casional transfers of unskilled employees and some interchange of 'work between the departments. The Union has negotiated contracts with several other box manu- facturers in Chicago, but it does not appear that any of these com- panies have set-up box departments. Although the majority of the Union's members appear to be pressmen or pressmen's assistants, whose work resembles the operations of the folding-box industry rather than those of the set-up box industry, it has contracts in both fields in other parts of the country: Since there is no other labor or- ganization contesting the appropriateness of the unit sought, and since the two departments of the Company's plant operate as a single enterprise, under common management, we find the Company's con- tention that there should be two units to be without merit. We shall therefore include employees of both departments in a single unit. At the hearing it was stipulated between counsel for the Union and the Company that, irrespective of any other decision with respect to the proper unit, executives, the superintendent, office employees, artists, salesmen, truck drivers, and watchmen should be excluded, and all production and maintenance workers, including foremen, should be included within the unit or units deemed appropriate. We -see no reason to depart from the wishes of the parties in this respect. We find that all production and maintenance employees of the 'Company, including foremen, but excluding executives, the super- intendent, office employees, artists, salesmen, truck drivers, and watchmen, constitute a unit appropriate for the purposes of collec- tive bargaining and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and will otherwise effectuate the' policies of the Act. 283031-41-vol. 20-11 150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VI. THE DETERMINATION OF REPRESENTATIVES The Union claims to represent a majority of the employees in the appropriate unit, but does not seek certification without an election. Consequently, we find that the question concerning representation can best be resolved by means of an election by secret ballot, and we shall direct the holding of such an election. The Company and the Union stipulated at the hearing that the pay roll to be used to determine eligibility to participate in the elec- tion should be the pay roll immediately preceding the Direction of Election. Such stipulation accords with our usual practice. On 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 rep- resentation of employees of the Acme Paper Box Co., Inc., within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Na- tional Labor Relations Act. 2. All production and maintenance employees of the Company, including foremen, but excluding executives, the superintendent, office employees, artists, salesmen, truck drivers, and watchmen, con- stitute 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, 49 Stat. 449, 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Acme Paper Box Co., Inc., Chicago, Illinois, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction of Election, 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 all production and maintenance em- ployees of the Company, including foremen, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during ACME' PAPER BOX 'COMPANY, INC. 151 such pay-roll period because they were ill or on vacation and em- ployees who were then or shall have since been temporarily laid off, but excluding executives, the superintendent, office employees, artists, salesmen, truck drivers, and watchmen, and any employees who shall have. since quit or been discharged for cause, to determine whether or not they desire to be represented by International Printing Press- men and Assistants' Union of North America, affiliated with the American Federation of Labor, for the purpose of collective bargaining. , J 1,1J