Consolidated Paper Co.

In the Matter of CONSOLIDATED PAPER COMPANY and LOCAL INDUSTRIAL UNION, LOCALS 1001 AND 1006 (C. I. 0.) In-the Matter of CONSOLIDATED PAPER COMPANY and LOCAL INDUSTRIAL UNION, LOCALS 1001 AND 1006, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Cases Nos. R-1686 and C-1831.Decided March 21,1941 Jurisdiction : paper manufacturing. industry. Settlement : stipulation providing for compliance with the Act. Remedial-Orders : entered on stipulation. Mr. Earl R. Cross, for the Board. Mr. H. L. Rauch, of Monroe, Mich., for the respondent. Mr. Severino Pollo, of Detroit, Mich., for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On December 5, 1939, Local. Industrial Union, Locals 1001 and 1006, herein called the Union, filed with the Regional Director for the Seventh Region (Detroit; Michigan) a petition, and on January 5, 1940, an amended petition,1 alleging that a -question affecting commerce had arisen concerning representation of employees of Consolidated Paper Company, Monroe, Michigan, herein called- the respondent,- at its Plant No. 1, Monroe, Michigan, 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 March 5, 1940, the Board issued its Decision and Direction-of Elections in this proceeding.2 Pursuant to- the Direction of Elections, an election was held on March 25, 1940; among certain specified employees of the respondent at its Plant No. 1, Monroe, Michigan. On March 28, 1940, 1 The petition , as amended, also concerns employees of Plant No . 10, River Rouge , Michi- gan. On July 13, 1940,,the Board issued its Certification of Representatives respecting such employees . ' 25 N. L. R. B. 370. • 2 21 N. L. R. B. 242. ' 30 N. L. R. B., No. 70. 485 486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Regional Director issued and served upon the parties an Election Report. On March 29, 1940, the Union filed objections to the conduct of the election. On June 5,1940, the Regional Director filed his Report on Objections.. On;,July 19, 1940, the Union filed with, the Regional Director a charge alleging that the respondent had committed unfair labor practices within the meaning of Section 8 (1) of the Act. On August 15, 1940, the Board, having duly considered the Election Report, the objections, and the Regional Director's report thereon, ordered that a hearing be conducted on the objections and referred the case to the Regional -Director for the purposes of such hearing. The Board also ordered that the -representation case be consolidated with the proceedings on the charge of unfair labor practices. On January 6,1941, upon the charge filed, the Board, by the Regional Director, issued its complaint, alleging that the respondent had en- gaged in and was engaging in unfair labor- practices affecting com- merce within the meaning of Section 8 (1) and Section 2 (6), and (7) of the Act, and duly served upon the parties copies of the complaint and notice of consolidated hearing upon the complaint and the objec- tions to the election. On January 17, 1941, the Regional Director issued and duly served upon the parties a notice postponing such hearing without date. On 'February 6, 1941, the respondent and the Board's attorney en- tered into a stipulation in settlement of the cases, subject to the approval of the Board.. The Union approved the stipulation. The stipulation provides as follows : WHEREAS, a complaint alleging violations of Section 8, sub- section (1), of the National Labor Relations Act, was issued on the 6th day of January, 1941, by Frank H. Bowen, Regional Direc- tor, Seventh Region, National Labor Relations Board ; and WHEREAS, a hearing on said complaint 'was"ordered to be, held on January 20, 1941, and on January 18, 1941, was postponed without date and said hearing was consolidated with a' hearing on objections to the conduct of an election heretofore held by the National Labor Relations Board, among employees of Consolidated Paper Company, the said objections being based on allegations of unlawful' interference with the'said election by Consolidated Paper Company; and WHEREAS, respondent, Consolidated Paper Company, desires to stipulate to the entering of an appropriate order by the Board respecting the matters alleged in the complaint and the objec- tions to the conduct of the said election, upon which the National Labor Relations, Board niay make findings of fact andconclusions of law, CONSOLIDATED PAPER COMPANY ' 487 It,is hereby stipulated by and between Consolidated Paper Com- pany, by H. L. Rauch, ,president of the company, and Earl R. Cross, attorney for the Seventh Region of the National Labor Relations Board, 1. That the gross value of the shipments of raw materials to Plant No. 1, Consolidated Paper Company, at Monroe, Michigan, from points outside' Michigan during the period from January 1, 1940, to January 1, 1941, amounted to about $99,393.35; which constituted more than 55% of the gross value of all purchases and shipments of raw materials to that plant during that period. During the same period the gross value of the company's sales and shipments of finished products from Plant No. 1 to destina- tions outside Michigan, amounted to $28,206.48, which constituted approximately 5% of the gross value of all the sales of finished products of that plant during that period; and 2. That respondent, Consolidated Paper Company, admits it is engaged in interstate commerce within the meaning of Section 2, subsections (6) and (7) of the National Labor Relations Act, and concedes the jurisdiction of the National Labor Relations Board; and 3. Local Industrial Union, Local 1001 and 1006, affiliated with the C. I. 0., are labor organizations within the meaning of the Act. 4. Respondent, Consolidated Paper Company, waives the mak- ing or entry, by the National Labor Relations Board, of findings of fact or conclusions of law in this matter and stipulates and concedes that the National Labor Relations Board may, without other or, further. notice to respondent, forthwith make and enter an order in this matter in the following terms : A. The respondent, Consolidated Paper Company, shall cease and desist : (1) From in any manner interfering with, restraining or coerc- ing its employees at its No. 1 plant at Monroe, Michigan, in the exercise of their right to organize, to form, join, or assist labor organizations, to bargain collectively with representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. (2) From discouraging membership of its employees at its No. 1 plant, at Monroe, Michigan, in Local Industrial Union, Locals 1001 and 1006, affiliated with the C. I. 0., or any other labor organization. (3) From in any manner engaging in surveillance of members of Local Industrial Union, Locals 1001 and 1006, affiliated with the C. I. 0., and of union meetings. 488 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD (4) From in- any manner inviting or soliciting individual employees to engage in individual bargaining with the manage- ment of its N. 1 plant, at Monroe, Michigan, concerning wages, hours, rates of pay, and other terms or conditions of employment. (5) From in any manner, directly or indirectly, influencing the employees at its No. 1 plant, at Monroe, Michigan, or inter- fering with the conduct of any election which may be held among its employees at its No. 1 plant, at Monroe, Michigan, by the National Labor Relations Board: - B. Respondent, Consolidated Paper Company, will take the following affirmative action : (1) Post immediately at conspicuous places in its No. 1 plant, at Monroe, Michigan, and maintain such posting for a period of sixty (60) consecutive days from the date of posting, notices to its employees stating that the respondent will not engage, in the conduct from which it is ordered to cease and desist in Paragraph A 1, 2, 3, 4,, and 5, of this order. (2), Notify the Regional Director for the Seventh Region in writing, within ten days from the date of the order of the National Labor Relations Board, what steps the respondent has taken to comply therewith. 5. It is further stipulated and agreed that the charge, complaint, notice of hearing, together with this stipulation and a copy of the rules and regulations of the National Labor Relations Board, Series 2, as amended, shall be filed with the Chief Trial Examiner with the National Labor Relations Board at Washington, D. C. and shall constitute the record in this consolidated proceeding and shall become-a part of the record previously made in the matter of Consolidated Paper Company and Local Industrial Union, Locals 1001 and 1006, affiliated with the C. I. O:, Case No. R-1686. 6. It is further stipulated and- agreed that the United States Circuit Court of Appeals for the appropriate circuit, may, upon application by the National Labor Relations Board, enter a decree enforcing the aforesaid order of the Board, respondent hereby expressly waiving its rights to contest the entry of said decree in the United States Circuit Court of Appeals for the appro- priate circuit, and further expressly -waiving their rights to receive notice of the filing-by the National Labor -Relations Board of an application for the entry of such a decree. 7. It is further stipulated and agreed that respondent, Con- solidated Paper Company, hereby expressly consents that a new election be conducted among the employees at its No. 1 plant, at Monroe, Michigan, pursuant to and- in accordance with the order CONSOLIDATED PAPER COMPANY 489 of, the National Labor Relations Board heretofore rendered, on the 5th of March, 1940, in the matter of Consolidated Paper Com- pany and Local Industrial Union, Locals 1001 and 1006, affiliated with the C. I. 0., Case No. R-1686. That such election shall take place at its No. 1 plant, Monroe, Michigan, - at such time after the posting of this stipulation for sixty (60). da'ys:as hereby pro= vided, as the National Labor Relations Board or the' Regional Director of`the Seventh Region shall direct. ' ' , 8. It is further stipulated' and agreed that this stipulation is subject to the approval of the National Labor Relations Board. On March 4, 1941, the Board, having duly considered the matter, issued its order approving the stipulation and transferring the case- to the Board for the' purpose of entry of a decision and order. by the Board, pursuant to the provisions of the stipulation. On the basis of the above stipulation and the entire record in these proceedings, the Board makes the following : FINDINGS OF FAOr I. THE BUSINESS OF THE RESPONDENT Consolidated . Paper Company operates Plant No. 1 at Monroe, Michigan. The gross value of shipments of raw materials to Plant No. 1 from points outside Michigan during the period from January 1, 1940, to January 1, 1941, amounted to 'about $99,393.55, which con- stituted more than 55 per cent of the gross value of all purchases and shipments of raw materials to that plant during that period. During the same period the gross value of the respondent's sales and ship- ments of finished products from Plant No. 1 to destinations outside Michigan amounted to $28,206.48, which constituted approximately 5 per cent of the gross value of all the'sales of finished products of that plant during that period. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce, among the several, States. II. THE ORGANIZATIONS INVOLVED Local Industrial Union, Locals 1001 and 1006, are labor organiza- tions affiliated with the Congress of Industrial Organizations. They admit to membership employees of the respondent. ORDER Upon the basis of the above findings of fact, the stipulation, and the entire record in these proceedings and pursuant to Section 10 (c) 490 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the National Labor Relations Act, the National Labor Relations Board hereby orders that: A. The respondent, Consolidated Paper Company, shall cease and desist : (1) From in any manner, interfering with, restraining or coercing its employees at its•No. 1 plant at Monroe, Michigan, in the exercise of their right to organize, to form, join, or assist'1"abor organizations, to bargain collectively with representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or^other mutual aid or protection. (2) From discouraging membership of its employees at its No. 1 plant, at Monroe, Michigan, in Local Industrial Union, Locals 1001 and 1006, affiliated with the C. I. 0., or any other labor organization. (3) From in any manner engaging in surveillance of members of Local Industrial Union, Locals 1001 and 1006, affiliated with the C. I.0., and of union meetings. (4) From in any manner inviting or soliciting individual employees to engage in individual bargaining with the management of its No. 1 plant, at Monroe, Michigan, concerning wages, hours, rates of pay, and other terms or conditions of employment. (5) From in any manner, directly or indirectly, influencing the employees at its No. 1 plant, at Monroe, Michigan, or interfering with the conduct of any election which may be held among its employees at its No.1 plant, at Monroe, Michigan, by the National Labor Relations Board. B. Respondent, Consolidated Paper Company, will take the follow- ing affirmative action : (1) Post.immediately -at conspicuous places in its No. 1 plant, at Monroe, Michigan, and maintain such posting for a period of sixty (60) consecutive days from the date of posting, notices to its employees stating that the respondent will not engage in the conduct from which it is ordered to cease and desist in Paragraph A 1, 2, 3, 4, and 5, of this order. (2) Notify the Regional Director for the Seventh Region in writing, within ten days from the date of the order of the, National Labor Relations Board, what steps the respondent has taken to comply therewith.