Valley Fibre Box Co.

In the Matter of VALLEY FIBRE Box COMPANY and MEMPHIS CORRU- GATED FOLDING Box WORKERS UNION No. 384 Case No. R4910.-Decided September 2, 1941 Investigation and Certification of Representatives : stipulation for Certification of Representatives upon consent election. Mr. W. E. Spencer, for the Board. Mr. L. T. Faulk, of Memphis, Tenn., for the Company. Mr. R. F. Brown, of Memphis, Tenn., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On May 16, 1941, Memphis Corrugated and Folding Box Workers Union No. 384, affiliated with the A. F. of L., herein called the Union, filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Valley Fibre Box Company, herein called the Company, engaged in the manufacture of corrugated shipping containers at Memphis, Tennessee, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 16, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 9, 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 July 18, 1941, the Company, the Union, and the Regional Director entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." Pursuant to the Stipulation, an election by secret ballot was con- ducted on July 29, 1941, under the direction and supervision of the Regional Director among all production and maintenance employees of the Company, excluding supervisory and clerical employees, engi- neers, and foremen, to determine whether or not said employees desire to be represented by the Union. On August 7, 1941, the Regional Di- rector issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. 35 N. L. R. B, No. 23. 116 I VALLEY FIBRE BOX COMPANY 117 In his Election Report, the Regional Director reported as follows concerning the balloting and its results : Total number eligible---------------------------------------- 37 Total ballots cast/------------------------------------------ 36 Total number ballots challenged------------------------------ 0 Total number of blank ballots-------------------------------- 0 Total number of void ballots--------------------------------- 1 Total number ballots cast for Memphis Corrugated Folding Box Workers Union No. 384, A. F. of L-------------------------- 34 Total number ballots cast against Memphis Corrugated Folding Box Workers Union No. 384, A. F. of L-------------------- 1 Upon the basis of the Stipulation, the Election Report, and the en- tire record in the case, the Board makes the following: FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Valley Fibre Box Company, Memphis, Ten- nessee, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company, ex- cluding supervisory and clerical employees, engineers, and foremen, constitute a unit appropriate for the purposes of. collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Memphis Corrugated Folding Box Workers Union No. 384, af- filiated with the A. F. of L., has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining, and is the exclusive representa- tive of all employees in said unit, within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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. IT IS HEREBY CERTIFIED that Memphis Corrugated Folding Box Workers Union No. 384, affiliated with the A. F. of L., has been desig- nated and selected by a majority of all production and maintenance em- ployees of Valley Fibre Box Company, Memphis, Tennessee, excluding supervisory and clerical employees, engineers, and foremen, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Memphis Corrugated Folding Box Workers Union No. 384, affiliated with the A. F. of L., is the exclu- sive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.