West Virginia Pulp & Paper Co.

In the Matter Of WEST VIRGINIA PULP & PAPER COMPANY and INTER- NATIONAL BROTHERHOOD OF PULP, SULPHITE & PAPER MILL WORKERS, A. F. OF L. Case No. R-2420.Decided April 0, 1941 Jurisdiction : paper manufacturing industry. Investigation - and Certification of Representatives : existence of question : re- fusal to accord union recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all hourly wage employees at one of the Company's plants with the exception of employees over whom a craft union claims jurisdiction. Y McLanahan, Merritt, Ingraham cf Christy, by Mr. Henry Clifton, Jr., of New York City, for the Company. Mr. George C. Brooks and Mr. Floyd Van Deusen, of Fort Edward, N. Y., for the Pulp Workers. Mr. Ernest B. Lambton, of Albany, N. Y., for the Paper Makers. Mr. Frederic B. Parkes, Ond,' of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TIES CASE On February 10 and 26, 1941, respectively, International Brother- hood of ' Pulp, Sulphite & Paper Mill Workers, A. F. of L., herein called the Pulp Workers, filed with the Regional Director for the Second Region (New York City) a petition and an amended petition alleging that a question affecting commerce had arisen concerning the representation' of employees of West Virginia Pulp & Paper Company, Mechanicville, New York, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 14, 1941, the National Labor Relations Board, herein "called the Board, acting pursuant to Sec- tion 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. 31 N. L. R. B., No. 37. 236 WEST VIRGINIA PULP & PAPER COMPANY 237 ..On March 17 and 20, 1941 , respectively, the Regional Director issued a notice of hearing and an amended notice of hearing, copies of which were duly served upon the Company and the Pulp Work- ers. Pursuant to notice, a hearing was held on March 24i 1941, at Mechanicville , New York, before Richard J. Hickey, the Trial Exam- iner duly designated by the Chief Trial Examiner . The Company and the Pulp Workers were represented , by counsel ' or official repre- sentatives 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 hearing, International Brotherhood of Paper Makers, \^ffiliated with A. F. of L., herein called the Paper Makers, filed a motion to intervene. The Trial Examiner denied the motion but permitted the representative of the Paper Makers to state on the record its position in this case . During the course of the hearing the Trial Examiner made several rulings on other 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. On April 5; 1941, the Company filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY West Virginia Pulp and Paper Co., a 'Delaware corporation, is engaged in the manufacture, sale, and distribution of pulp, paper, and allied products. In addition to the mills herein involved at Mechanicville, New York, the Company operates five other paper plants located in Tyrone, Pennsylvania; Williamsburg, Pennsyl- vania; Luke, Maryland; Charleston, South Carolina; and Covington, Virginia. At each plant, wood is converted into pulp, which in turn is manufactured into paper. During the past 6 months, of the raw materials received by the Company for use in its operations at the Mechanicville plant, 70 percent, valued at more than $1,000,000, were shipped from places outside the State of New York. During the past 6 months, more than 30 per cent, valued at more than $1,000,000, of the finished products manufactured at the Mechanic- ville plant were shipped to places outside the State of New York. The Company employs approximately 1,015 employees at the Me- chanicville plant. II. THE ORGANIZATIONS INVOLVED International Brotherhood of Pulp, Sulphite and Paper Mill Workers, affiliated with the American Federation of Labor, is a 238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD labor organization admitting employees of the Company to mem- bership. International Brotherhood of Paper Makers, affiliated with the American Federation of Labor, is a labor organization admitting employees of the Company to membership. III. THE QUESTION CONCERNING REPRESENTATION On February 5, 1941, the Pulp Workers requested the Company to recognize it as representative for the Company's employees en- gaged in the pulp-producing department of the Company's Mechanic- Ville plant. The Company refused to recognize the Pulp Workers O until it had been certified as representative for those employees by', the Board. A statement of the Regional Director, introduced in evi- dence' at the hearing, shows that the Pulp Workers represents a substantial number of employees in the unit found below to, be appropriate.'- 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 commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Pulp Workers contends that the appropriate unit should in- clude all hourly wage employees in the Company's Mechanicville plant,2 with the exception of those in the following categories in the Paper Mill: "Finishers, Cutters, Cutter Tenders, Calenders, Calender Cranes, Paper Machines (1, 2, 3, 4, 5, 6), Beaters, Rewind- ers, and Roll Finishers." 3 This unit would include all employees 1 The Regional Director's statement shows that the Pulp workers submitted 199 appli- cation cards, dated between August 1940 , and February 1941, of which 139 bear the names of persons on the Company's pay roll of February 17, 1941 , and in the appropriate unit. There are approximately 535 employees in the appropilate unit. 2 Specifically, as set forth in the appendix attached to the amended petition , all hourly wage employees within the following categories: Sulphite Mill, Soda Mill , Power Depart- ment, Maintenance , Bleach Plant, Electricians, Storeroom , Maintenance and Construction, Outside, Cases and Frames, Filter Plant , and Paper Mill, the latter limited to ( 1) Clay and Size, ( 2) Storehouse and Loading , ( 3) Extra Men , (janitors, etc ) 3 This classification , in an appendix accompanying the amended petition , added another category termed "Finishers ," which we- have not mentioned because of Its seeming. re- dundancy. - WEST VIRGINIA PULP & PAPER COMPANY 239 of the plant with the exception of those over whom the Paper Makers claims jurisdiction. , The Company contends that all hourly wage production and main- tenance employees of the entire mill should be included in a single unit. As indicated in Section I above, the production process of the Company's Mechanicville plant is divided into two parts. 'One is engaged in the reduction of wood and other raw materials to pulp, the other in the manufacture 'of paper from the pulp thus formed. The Pulp Workers commenced the organization of the workers at the Mechanicville plant the latter part of July 1940. Believing that the Paper Makers had waived its jurisdiction over employees in the paper mill and had agreed' that the Pulp Workers should represent the employees of the entire plant, the Pulp Workers consequently solicited memberships in departments now sought to be excluded from the appropriate unit and admitted approximately 35 such employees to membership. Early in 1941, the Paper Makers asserted its juris- dictional claim in respect to employees in the paper mill, and the Pulp Workers thereafter ceased to solicit or admit to membership employees under the jurisdiction of the Paper Makers. In support of its contention for a single plant-wide unit, the Com- pany introduced in evidence the contracts whereby the Company recognized the Pulp Workers as the sole bargaining agent for all the employees at the Company's plants in Covington, Virginia; 4 Luke, Maryland; s and Williamsburg, Pennsylvania. In each plant there is a single plant-wide unit for purposes of collective bargain- ing. However, in respect to these plants and others in the industry similarly organized, the plant-wide organization by the Pulp Workers is founded primarily on the consent of the Paper Makers to the extension of the scope of the Pulp Workers' normal unit to include those employees ordinarily within the jurisdiction of the Paper Makers. ' As noted above, except for a short period, the Pulp Workers has limited its organizational activities to those employees it now claims. These-constitute a well-defined group." Under the circumstances, we' see no reason for not finding an' appropriate unit which coincides with the extent of the Pulp Workers' organization. See Matter of West Virginia Pulp and Paper Co. and Local 152, International Brother- hood of Pulp, Sulphite and Paper Mill Workers , 3 N L R B 675 6 See Matter of West Virginia Pulp and Paper Co and International Brotherhood of Pulp, Sulphite and Paper Mill Workers, Local No. 36, Luke, Maryland, 4 N L R B , 286. 6 See Matter of Moisanes Paper Mills Co. and International Brotherhood of Paper Makers and International Brotherhood of Pulp, Sulphite and Paper Mill Workers, 1 N L R B 393. See also Matter of Brown Paper Mill Co. Inc. and International Brotherhood of Paper Makers, Local No 59, 11 N. L. R B. 446 ; Matter of Rushmore Paper Mills, Inc. and Inter- national Brotherhood of Pulp, Sulphite and Paper Mill Workers, 14 N. L R B. 512 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that all hourly wage employees in the Company's Mechanicville plant 7 with the exception of those in the following categories in the Paper Mill: "Finishers, Cutters, Cutter Tenders. Calenders, Calender Cranes, Paper Machines (1, 2, 3, 4, 5, 6), Beat- ers, Rewinders, and Roll Finishers," constitute 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 REPRESENTATIVES We find that the question which has arisen concerning representa- tion can best be resolved by, and we shall accordingly direct, an election by secret ballot. The Pulp Workers - requests that the pay roll of February 5, 1941, be used as a basis for determining eligibil- ity to vote. We find, however, no reason to cause us to depart from our usual practice., Accordingly, we shall direct that the employees of the Company eligible to vote in the election shall be those, in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction. 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 West Virginia Pulp and Paper Co., Mechanicville, New York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All hourly wage employees in the Company's Mechanicville plant with the exception of those in the following categories in the Paper Mill: Finishers, Cutters, Cutter Tenders, Calenders, Calender Cranes, Paper Machines (1, 2, 3, 4, 5, 6), Beaters, Rewinders, and Roll Finishers, 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 Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8, 7 See footnote 2,'8upra. WEST VIRGINIA PULP & PAPER COMPANY 241 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 purpose of collective bargaining with West Virginia Pulp and Paper Company, Mechanicville, New York, an election by secret ballot shall be conducted as early as pos- sible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Direc- tor for the Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tion 9, of said Rules and Regulations, among all hourly wage em- ployees of the Company, at its Mechanicville ' plant, who, were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or tempo- rarily laid off, but excluding those hourly wage workers in the Paper Mill within the following categories : Finishers, Cutters, Cutter Tenders, Calenders, Calender Cranes, Paper Machines (1, 2, 3, 4, 5, 6), Beaters, Rewinders, and Roll Finishers,, and employees who have since quite or been discharged for cause, to determine whether or not they desire to be represented by International Brotherhood of Pulp, Sulphite and Paper Mill Workers, affiliated with the American Federation of Labor, for the purposes of collective bargaining. [SAME TITLE] SUPPLEMENTAL DECISION AND ORDER May 21, 1941 On April 23, 1941, the National Labor Relations Board,, herein called the Board, issued a Decision and Direction of Election in this proceeding. Pursuant to the Direction of Election, an election by secret ballot was conducted on May 2, 1941, by the Regional Director for the Second Region (New York City). On May 5, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and, Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct of the ballot or to the Elec- tion Report have been filed by any of the parties. 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote ------------------------------- 570 Total'number of ballots cast_____________________________ 515 Total number of valid ballots______________________________ 513 Total number of votes in favor of International Brotherhood of Pulp, Sulphite and Paper Mill Workers, A. F. L______ 168 Total number of votes against afore-mentioned union -------- 343 Total number of blank votes_______________________________ 1 Total number of void ballots_____________________________ 1 The results of the election show that no collective bargaining representative has been selected by a majority of the employees of the Company in the unit heretofore found to be appropriate for collective bargaining. We shall therefore dismiss the petition for investigation and certification of representatives of employees of the Company. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY ORDERED that the petition for investigation and cer- tification of representatives of employees of West Virginia Pulp & Paper Company, Mechanicville, New York, filed by International Brotherhood of Pulp, Sulphite & Paper Mill Workers, affiliated with the American Federation of Labor, be, and it hereby is, dismissed. 31 N. L R. B., No. 37a. - ' 0