Acme Paper Box Co., Inc.

National Labor Relations Board - Board Decisions

Feb 5, 1940

20 N.L.R.B. 146 (N.L.R.B. 1940)

In the Matter of- ACME PAPER Box CO., INC., A CORPORATION and IN-
TERNATIONAL PRINTING PRESSMEN & ASSISTANTS ' UNION OF NORTH
AMERICA , AFFILIATED WITH THE A . F. OF L.
Case No. R-1667.-Decided February 5, 1940
Paper Box Industry-Investigation of Representatives : controversy concerning
representation of employees : refusal by employer to recognize the petitioning
union without proof that it represented a majority of employees ; controversy
concerning appropriate unit: contention that separate departments should con-
stitute separate units-Unit Appropriate for Collective Bargaining : all produc-
tion and maintenance employees including foremen, but excluding executives,
the superintendent , office employees, artists , salesmen , truck drivers, and watch-
men ; single unit including both departments-Election Ordered
Mr. Stephen M. Reynolds, for the Board.
Mr. Henry Heineman, of Chicago, Ill., for the Company.
Mr. Joseph B. Roche, of Chicago, Ill., for the Union.
Miss Grace McEldowney, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 26, 1939, International Printing Pressmen and Assistants'
Union of North America,' herein called the Union, filed with the
Regional Director for the Thirteenth Region (Chicago, Illinois) a pe-
tition alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Acme Paper Box Co., Inc.,2
Chicago, Illinois, herein called the Company, and requesting an in-
vestigation and certification of representatives pursuant to Section 9
(c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On December 9, 1939, 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
' The record shows that this is the correct name of the labor organization , which is desig-
nated in the Petition and Order Directing Investigation and Hearing as "International
Printing Pressmen & Assistants' Union of No. America (A. F. L.)."
Incorrectly designated as "Acme Paper Box Company" in the Petition and Order
Directing Investigation and Hearing.
20 N. L. R. B., No. 13.
146
AC'ME' PAPER BOX iC'OM'PANY, IN (j. 147
and Regulations-Series 2, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On December 15, 1939, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to the notice, a hearing was held on December.21,
1939, at Chicago, Illinois, before Herbert Wenzel, the Trial Examiner
duly designated by the Board. The Board, the Company, and the
Union were represented 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.
At the close of the hearing the Company moved to dismiss the peti-
tion for lack of jurisdiction. The Trial Examiner reserved his rul-
ing on this motion, and it is hereby denied. 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. Pursuant to leave.
granted by the Board, the Company filed a brief, which has been
considered by the Board. By stipulation dated December 29, 1939,.
by and among counsel for the Company, the Union, and the Board,.
.:said, stipulation and a copy of the Order Directing Investigation and_
Hearing were received in evidence.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Acme Paper Box Co., Inc., an Illinois corporation with its plant:.
and place of business in Chicago; Illinois, is engaged in the manu-
facture of folding and set..-up paper boxes and display cards. The
Company employs between 175 and 245 persons, the peak of the
season coming in September, October, and November. It occupies..
a five-story building with a three-story annex. The folding-box de-
partment, including the printing section, is on the first floor, and .
employs about 60 persons ; the set-up box department is on the second
and third floors and in the annex, and employs about 150 persons;
the other two floors are used as a warehouse.
The principal raw materials- used by the Company are board,
wrapping , paper, glue, box papers, twine, and ink. Raw materials:
in 1939 cost approximately $250,000, and two-thirds of such materials.,
were derived 'from sources outside the State. During the first 11,
months of 1939, the gross sales of the Company amounted to $577,529.
148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Sales to customers outside the State of Illinois during this period
amounted to $18,101.85, or approximately 3 per cent of the total
sales.
II. THE ORGANIZATION INVOLVED
International Printing Pressmen and Assistants' Union of North
America is a labor organization affiliated with the American Feder-
ation of Labor. It has jurisdiction over the so-called paper box,
set-up box, corrugated paper box and fibre box workers, and admits
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In July of 1939 the Union requested a conference with the Coin-
pany for the purpose of collective bargaining as the representative
of employees of the Company. A conference was arranged at which
the Company demanded proof that the Union represented a majority
of the employees in the plant. The Union was unwilling, however,
to allow its membership cards to be checked against the Company's
pay rolls. Other meetings then were held, at which the Company
offered to recognize the Union as the representative of employees
of the folding-box department only, or to agree to separate elections
in the two departments. The Union refused both offers. The Union
then filed a petition with the Board requesting an investigation and
certification of representatives.
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union contends that all hourly paid production employees of
the Company, including foremen, but excluding executives, office
employees and the superintendent, constitute a unit appropriate for
the purposes of collective bargaining. The Company contends that
there should be two separate units, one for the set-up box department
and one for the folding-box department.
ACME PAPER BOX 'COM'PANY, INC. 149
It appears from the evidence, that at the inception of the Com-
pany's business in 1923, and for some 12 years thereafter, the Com-
pany operated only a set-up box plant. In 1934 or 1935 the folding-
box department was added, and since that time, although it would
be possible to operate the two departments separately, they have
actually been combined for most administrative purposes. They are
housed on different floors of the same building, have a common office
and shipping room, and are managed by the same superintendent.
In general the employees in the folding-box department are more
highly skilled and more highly paid than those in the set-up box
department, but the wage for common labor is the same, and general
increases in pay apply to both. A single pay roll is.maintained, and
all employees are grouped together for Social Security and other
reports. While the machines and operations differ, there are oc-
casional transfers of unskilled employees and some interchange of
'work between the departments.
The Union has negotiated contracts with several other box manu-
facturers in Chicago, but it does not appear that any of these com-
panies have set-up box departments. Although the majority of the
Union's members appear to be pressmen or pressmen's assistants,
whose work resembles the operations of the folding-box industry
rather than those of the set-up box industry, it has contracts in both
fields in other parts of the country: Since there is no other labor or-
ganization contesting the appropriateness of the unit sought, and
since the two departments of the Company's plant operate as a single
enterprise, under common management, we find the Company's con-
tention that there should be two units to be without merit. We
shall therefore include employees of both departments in a single
unit.
At the hearing it was stipulated between counsel for the Union
and the Company that, irrespective of any other decision with respect
to the proper unit, executives, the superintendent, office employees,
artists, salesmen, truck drivers, and watchmen should be excluded,
and all production and maintenance workers, including foremen,
should be included within the unit or units deemed appropriate. We
-see no reason to depart from the wishes of the parties in this respect.
We find that all production and maintenance employees of the
'Company, including foremen, but excluding executives, the super-
intendent, office employees, artists, salesmen, truck drivers, and
watchmen, constitute a unit appropriate for the purposes of collec-
tive bargaining and that such unit will insure to employees of the
Company the full benefit of their right to self-organization and to
collective bargaining and will otherwise effectuate the' policies of
the Act.
283031-41-vol. 20-11
150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
The Union claims to represent a majority of the employees in the
appropriate unit, but does not seek certification without an election.
Consequently, we find that the question concerning representation
can best be resolved by means of an election by secret ballot, and we
shall direct the holding of such an election.
The Company and the Union stipulated at the hearing that the
pay roll to be used to determine eligibility to participate in the elec-
tion should be the pay roll immediately preceding the Direction of
Election. Such stipulation accords with our usual practice.
On 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 rep-
resentation of employees of the Acme Paper Box Co., Inc., within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the Na-
tional Labor Relations Act.
2. All production and maintenance employees of the Company,
including foremen, but excluding executives, the superintendent,
office employees, artists, salesmen, truck drivers, and watchmen, con-
stitute 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, 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Acme Paper Box Co., Inc., Chicago, Illinois, an election by
secret ballot shall be conducted as early as possible but not later
than thirty (30) days from the date of this Direction of Election,
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 production and maintenance em-
ployees of the Company, including foremen, who were employed
during the pay-roll period immediately preceding the date of this
Direction of Election, including employees who did not work during
ACME' PAPER BOX 'COMPANY, INC. 151
such pay-roll period because they were ill or on vacation and em-
ployees who were then or shall have since been temporarily laid off,
but excluding executives, the superintendent, office employees, artists,
salesmen, truck drivers, and watchmen, and any employees who shall
have . since quit or been discharged for cause, to determine whether
or not they desire to be represented by International Printing Press-
men and Assistants' Union of North America, affiliated with the
American Federation of Labor, for the purpose of collective
bargaining.
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