J. H. Stone & Sons

:W In the Matter of NORMAN H. STONE, MARVIN H. STONE, AND JEROME H. STONE, JR., DOING BUSINESS AS J. H. STONE & SONS and INTERNA- TIONAL PRINTING PRESSMEN AND ASSISTANTS' UNION, BOY AND CAR- TON LOCAL #415 Case No. R-1768.-Decided April 11, 1940 Corrugated Shipping Containers Manufacturing Industry-Investigation of Representatives : controversy concerning representation of employees : refusal by employer to recognize union as exclusive representative-Individual Contracts: held no bar to proceeding-Unit Appropriate for Collective Bargaining : all pro- duction employees, including foremen but excluding salesmen, office employees, and superintendents ; stipulation as to-Election Ordered Mr. Charles F. McErlean , for the Board. Mr. David Silbert, and Mr. Robert B. Shapiro , of Chicago , Ill., for the Company. Mr. Joseph B. Roche, and Mr. Charles Hetzer, of Chicago, Ill., for the Union. Mr. Willard Young Morris, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 12, 1939, International Printing Pressmen and Assist- ants' Union, Box and Carton Local #415, herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition and on February 16, 1940, an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of Norman H. Stone, Marvin H. Stone, and Jerome H. Stone, Jr., doing business as J. H. Stone & Sons,' Chi- cago, Illinois, herein called the Company, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 7, 1940, the National Labor Relations Board, herein called 1 Erroneously designated as J H. Stone, Norman H Stone, Marvin H. Stone, and Jerome H Stone, Jr ., doing business as J. H. Stone & Sons in the amended petition and other formal papers These were amended at the hearing to state the name of the Company as set forth in the caption. 22 N. L. R. B., No. 61. 850 NORMAN H. STONE 851 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 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 9, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice a hearing was held at Chicago, Illinois, on March 21, 1940, before Gustaf B. Erickson, the Trial Examiner duly designated by the Board. The Board, the Company, and the Union were repre- sented 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. 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. At the close of the hearing the Company made a motion to dismiss the petition, upon which the Trial Examiner did not rule. The motion is hereby denied. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Company, a partnership composed of Norman H. Stone, Marvin H. Stone, and Jerome H. Stone, Jr., is engaged in the manufacture and sale of corrugated shipping containers. Its principal office and place of business is at Chicago, Illinois. During 1939 the Company purchased approximately $850,000 worth of raw materials, consisting principally of jute, kraft, and chip straw board. Of this amount approximately 65 per cent was purchased and shipped from points outside the State of Illinois to the Company's plant at Chicago. Dur- ing the same year the Company's total sales of finished products amounted to approximately $1,400,000, of which amount approxi- mately 5 per cent was shipped to points outside the State of Illinois. The Company employs approximately 170 production employees. II. THE ORGANIZATION INVOLVED International Printing Pressmen and Assistants' Union, Box and Carton Local #415, is a labor organization, admitting to membership production employees of the Company. 852 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION On July 26, 1939, the Union requested an executive of the Company to meet and bargain collectively with the Union. On August 11, 1939, the Company, through its attorney, refused to bargain collec- tively, claiming that the Union did not represent a majority of the employees and that after August 1, 1939, and prior to August 11, 1939, the Company had signed and executed individual contracts of employment with a majority of its employees. We find that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNINO 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 rela- tion 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 Company and the Union stipulated that an appropriate unit consists of all the Company's production employees, including fore- men but excluding salesmen, office employees, and superintendents. We see no reason for not finding appropriate the unit stipulated by the parties. We find that all the Company's production employees, including foremen but excluding salesmen, office employees, and superintend- ents, constitute a unit appropriate for the purposes of collective bar- gaining, and that said unit will afford to such employees the full benefit of their right to self-organization and to collective bargaining, and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES As of March 9, 1940, there were 171 employees in the appropriate unit. The parties stipulated that the Petitioner [the Unions has offered to put in evidence its 105 applications for membership in the Union 2 and that the Re- 2A '*Statement of Regional Duector Conceining Claims of Authorization for the Purpose of Representation ," dated March 20, 1939, and made in connection with his investigation of the petition in this proceeding, was introduced in evidence and made part of the record This statement sets foith that the Union submitted 103 cards to the Regional Director in support of the allegation in the petition that it represents 99 NORMAN H. STONE 853 spondent [the Company] has offered to put in evidence its,111 [individual] contracts . . . for the year 1939 and 151 con- tracts . . . for the year 1940, but the parties by agreement have waived the requirement of the Petitioner [the Union] to put its application cards in evidence and for the Respondent [the Company] to put its contracts in evidence. The Company contends that the individual contracts of employ- ment signed by 111 employees in 1939 and by 151 employees in 1940 are a bar to the present proceeding.3 The Company stipulated that the employees who signed these individual contracts of employment do not constitute a labor organization within the meaning of the Act and that the contracts were not the result of collective action on the part of the employees. We find that such individual contracts do not constitute a bar to the present proceeding. The fact that an employee signs an individual employment contract cannot be held to reflect the desires of such an employee regarding representation and does not constitute a bar to collective bargaining on his behalf 4 We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. Those eligible to vote shall be the employees in the appropriate trait who were employed during the pay-roll period next preceding the date of the Direction of Election, including those who did not work during such pay-roll period because they were ill or on vacation and em- ployees who were then or have since been temporarily laid off, but excluding 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 Norman H. Stone, Marvin H. Stone, and Jerome H. Stone, Jr., doing business as J. H. Stone & Sons, Chicago, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the Company's production employees, including foremen but excluding salesmen, office employees, and superintendents, constitute employees in the appropriate unit , and, inter alia, that the signatures on 73 of the cards appear to be those of employees in the appropriate unit who are listed on the Company's pay roll of March 9 , 1939. At the hearing the Union had two additional cards which had not been submitted to the Regional Director . This accounts for the offer of 105 cards at the hearing Forms of the 1939 and 1940 contracts were introduced in evidence. e Matter of The Gates Rubber Company and Denver Printing Pressmen and Assistants Union No. 40, and Denver Typographical Union, No . 49, 8 N . L R. B. 303. 283033-41-vol. 22-55 854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Relations 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 ordered by the Board to ascertain representatives for the purpose of collective bargaining with Norman H. Stone, Marvin H. Stone, and Jerome H. Stone, Jr., doing business as J. H. Stone & Sons, Chicago, Illinois, an election by secret ballot shall be conducted as soon as possible but not later than thirty (30) days 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 all the production employees of the Company who were employed by the Company during' the pay-roll period next preceding the date of this Direction of Election, including foremen and employees who did not work during such pay-roll period because they were ill or on vaca- tion and employees who were then or have since been temporarily laid off, but excluding salesmen, office employees, superintendents, and employees who have since quit or been discharged for cause, to deter- mine whether or not they desire to be represented for the purposes of collective bargaining by International Printing Pressmen and Assist- ants' Union, Box and Carton Local #415.