Allied Paper Mills

National Labor Relations Board - Board DecisionsAug 16, 1941

34 N.L.R.B. 332 (N.L.R.B. 1941)

In the Matter of ALLIED PAPER MILLS, MONARCH DIVLSION and LOCAL #78, INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS. A. F. 'OF L. Case No. If-W1O.Decided August 16, 19141 Jurisdiction : paper products manufacturing industry. Investigation and Certification of Representatives : existence of question : Com- pany refused to accord union recognition until certified by the Board; election -necessary. Unit Appropriate for Collective Bargaining : engineers , oilers, first and second firemen, first and second repairmen , and coal handlers in the powerhouse, but excluding supervisory , clerical, and production employees ; agreement as to. Mr. Don B. Sharpe, of Kalamazoo, Mich., for the Company. Mr. Howard A. Plank, of Chicago, Ill., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 26, 1941, Local #78, International Brotherhood of Fire- men and Oilers, A. F. of L., herein called the Union, filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a question affecting commerce had arisen con= cerning the representation of employees of Allied Paper Mills, Monarch Division, Kalamazoo, Michigan, herein called the Company 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 July 11, 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 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 Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice a hearing was held on July 29, 1941, at Kalamazoo, 34 N. L. R. B., No. 57 332 ALLIED PAPER 141LLS 333 Michigan, before Harry N. Casselman , the Trial Examiner duly designated by the Chief Trial Examiner . The Company was repre- sented by counsel and the Union by its representative; both partici- pated 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 . During the course of the hearing, the '.Trial Examiner made several rulings on motions and on objec- tions to the admission of evidence. The Board leas reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the follov^ing FINDINGS of FACT I. THE BUSINESS OF THE COMPANY Allied Paper Mills is a Michigan corporation with its principal office at Kalamazoo,, Michigan. It operates a plant known as the Monarch Division, with which we are concerned, where it is engaged in the manufacture and sale of paper products. During 1940 the Company purchased raw materials valued at about $2,700,000, ap- proximately 90 per cent of which were shipped to it from points outside the State of Michigan. During the same period, the Com- pany sold finished products valued at about $5,900,000, approximately 98 per cent of which were shipped by it to points outside the State of Michigan. II. THE ORGANIZATION INVOL\'ED Local #78, International Brotherhood of Firemen and Oilers, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees at the Monarch Division of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union has requested the Company to recognize it as the ex- clusive bargaining representative of the powerhouse employees at the Monarch Division of the Company. The Company denied this Iequest until such time as the Union should be certified by the Board. A statement of the Regional Director, introduced in evidence at the hearing, shows that the Union represents a substantial number of employees in the unit alleged to be appropriate.' We find that a question has arisen concerning the representation of employees of the Company. 'The Regional Director reported that the Union presented 12 membership application cards bearing the names of persons who appear on the Company ' s pay roll of May 15, 1941. There are 14 employees on this lay loll Â«ho are in the alleged appropriate unit. 334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 and the Union agreed at the hearing, and we find, that all engineers, oilers, first and second firemen, first and second repairmen, and coal handlers in the powerhouse at the Monarch Divi- sion of the Company, excluding supervisory, clerical, and production employees, constitute a unit appropriate for the purposes of collec- tive bargaining. We further find that such unit will insure to em- ployees of the Company the full benefit of their right to self-organi- zation and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. We shall direct that the employees 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 addi- tions as set forth in the Direction, shall be eligible to vote. 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 Allied Paper Mills, Monarch Division, Kalamazoo, Michigan, within the meaning of Section 9 (c) and Sec- tion 2 (6) and (7) of the National Labor Relations Act. 2. All engineers, oilers, first and second firemen, first and second repairmen, and coal handlers in the powerhouse at the Monarch Divi- sion of the Company, excluding supervisory, clerical, and production employees, constitute a unit appropriate for the purposes of col- lective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. ALLIED PAPER MILLS DIRECTION OF ELECTION 335 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 Allied Paper Mills, Monarch Division, Kalamazoo, Michigan, 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, under the direction and supervision of the Regional Director for the Seventh Region, acting in this matter as agent of the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all engineers, oilers, first and second firemen, first and second repairmen, and coal handlers in the powerhouse at the Monarch Division of the Company 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 temporarily laid off, but exclud ing supervisory, clerical, and production employees, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local #78, Inter- national Brotherhood of Firemen and Oilers, affiliated with the American Federation of Labor, for the purposes of collective bargaining. _A MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Direction of Election.