Kalamazoo Paper Co.

In the Matter of KALAMAZOO PAPER COMPANY and LOCAL 52, INTERNATIONAL BROTHERHOOD OF PAPER MAKERS, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-2275.-Decided- March 3, 1941 Jurisdiction : paper manufacturing industry. Investigation and Certification of Representatives : existence of question: refusal to accord union recognition; election necessary. Unit Appropriate'for Collective Bargaining : hourly rate production and main- tenance employees engaged in actual production, excluding firemen and oilers, watchmen, general office employees, foremen, superintendents, and supervisory employees with the power to hire and discharge; stipulation as to. Howard, Howard and Howard, by Mr. John C. Howard, of Kalamazoo, Mich., for the Company. Mr. Luther E. Janney, of Wyoming, Ohio, and Mr. -John W. Bailey, of Kalamazoo, Mich., for Local 52. Miss Mary E. Perkins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 26, 1940, Local-52, International Brotherhood of Paper Makers, affiliated with the American Federation of Labor, herein called Local 52, filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a question af- fecting commerce had arisen concerning the representation of em- ployees of Kalamazoo Paper Company, Kalamazoo, Michigan, herein called the Company, and requesting an investigation and certifica- tion of representatives, pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 10, 1941, 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 Reg- ulations-Series 2, as amended, ordered an investigation and au- thorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 30 N. L. R. B., No. 7. 49 50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On January 20, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and Local 52. Pursuant to the notice, a hearing was held on January 28, 1941, at Kalamazoo, Michigan, before Earl R. Cross, the Trial Examiner duly designated by the Board. The Company was represented by counsel and Local 52 by its representatives; both participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was af- forded both 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 all the rulings of the Trial Examiner and finds that no prejudicial errors -were com- mitted. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Kalamazoo-Paper Company is a corporation organized and existing under the laws of the State of Michigan, having its principal place of business at Kalamazoo,,Michigan. The Company operates a plant at Kalamazoo at which it manufactures and finishes paper. During 1940 the Company used at its Kalamazoo plant.raw materials valued at $3,171,335.74, approximately 75 per cent of which were purchased and shipped from points outside Michigan. During the same period finished products valued at $4,886,932.44 were manufactured at the plant, approximately 75 per cent of which were sold outside Michigan. The Company employs 750 to 800 persons. II. THE ORGANIZATION INVOLVED Local 52, International Brotherhood, of Paper Makers, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership production and maintenance employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Local 52 was chartered in July 1940, after a campaign to organize the Company's employees instituted early in that month. On Novem- ber 18, 1940, it requested the Company to meet with its representatives "for the purpose of negotiating a labor agreement." The Company refused to meet with them on the ground that 'it could not fairly decide who should represent its employees. No other labor organization seeks to represent the employees of the Company in the unit alleged to be appropriate. From a statement of the Regional Director introduced 'KALA'MAZOO PAPER COMPANY 51 in evidence at the hearing it appears Local 52 represents a substantial number of employees of the Company? - We find that a question has arisen concerning the representation of the 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 Company's plant consists of three paper mills, two coating mills, and two power plants, housed in separate buildings, located close together on the same piece of land. It was stipulated by the parties that the appropriate unit should consist of all hourly rate production and maintenance employees engaged in actual production, excluding firemen and oilers, watchmen, general office employees, foremen, super- intendents, and supervisory employees with the power to hire and dis- charge. It appears that the Company is already dealing separately with the firemen and oilers, who are organized and represented by another affiliate of the American Federation of Labor. We see no reason for departing from the desires of the parties. We find that all hourly rate production and maintenance employ- ees engaged in actual production, excluding firemen and oilers, watchmen, general office employees, foremen, superintendents, and supervisory employees with the power to hire and discharge, consti- tute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company 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 JREPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. Local 52 contends that a current pay roll should be used to determine eligi- bility. The Company urges that eligibility should be determined as I The Regional Director 's statement shows that 485 persons who were employed by the Company during the week of November 26, 1940, have signed applications for member- ship in Local 52 since August 1, 1940 . Approximately 800 persons are employed by the Company . The unit hereinafter found to be appropriate contains about 760 persons. 440135-42-Vol 30-5 52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of November 26, 1940, the date of the petition herein. A list of the employees in, the stipulated unit who were employed on that date was incorporated by reference in the record. Local 52 contends that some of its members, discharged prior to November 26 and since re- hired, would be deprived of an opportunity to vote if the November 26 list were used. It appears that because of business conditions 58 men were discharged prior to the compilation of the November 26 list, some of whom have now been rehired. While the Company has given preference to these men, in hiring persons to' fill vacancies, it appears to be the position of both parties that those not yet rehired cannot be considered employees. We shall direct that those eligible to vote in the election shall be persons employed by the Company in-the appropriate unit during the pay-roll period last preceding the date of this Direction of Elec- tion including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding those 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 Kalamazoo Paper Company, Kalamazoo, Michigan, within the meaning of Section 9 (c), and Section 2 (6) and (7 ) of the National Labor Relations Act. 2. All hourly rate production and maintenance employees engaged in actual production , excluding firemen and oilers , watchmen, gen- eral office employees , foremen, superintendents , and supervisory em- ployees with the power to hire and discharge , 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, 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 Kalamazoo Paper Company, Kalamazoo, Michigan, an election by secret ballot shall be conducted as early as possible, but not later KALAMAZOO PAPER COMPANY 53 than thirty (30) days from the date of this Direction of Election, under the direction and supervision of the Regional Director for the Seventh 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 hourly rate production and maintenance - employees engaged in actual production, employed by the Company during the pay-roll period last preceding the date of this Direction of Election, including any such employees who did not work during said pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding firemen and oilers, watchmen, general office employees, foremen, superintendents, and supervisory employees .with the power to hire and discharge and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local 52, Internationad Brotherhood of Paper Makers, affiliated with the American Federation of Labor, for the purposes of collective bargaining.