Bemis Bro. Bag Co.

National Labor Relations Board - Board DecisionsFeb 20, 1946

65 N.L.R.B. 1283 (N.L.R.B. 1946)

In the Matter of BEMIS BRO. BAG Co. and TEXTILE WORHERs UNION of AMERICA, C. I. O. Case No.17-R-1499.Decided February 20,1946 Mr. W. A. Kahrs, of Wichita, Kans., for the Company. Mr. Howard L. Rizer , of Kansas City, Mo., for the Union. Mr. Jerome J. Dick, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Textile Workers Union of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Bemis Bro. Bag Co., Wichita, Kansas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Elmer L. Hunt, Trial Examiner. The hearing was held at Wichita, Kansas, on December 28, 1945. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues . The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY 0 Bemis Bro. Bag Co. is a Missouri corporation, with its main offibes in St. Louis, Missouri. The Wichita, Kansas, plant located at Wichita, Kansas, is the only plant involved in this proceeding. At its Wichita, Kansas, plant the Company is engaged in the manufacture, sale, and distribution of bags. During the year 1945 the Company purchased raw materials exceeding $500,000 in value, approximately 65 N. L. R. B., No. 216. 1283 1284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 90 percent of which was shipped to its Wichita, Kansas, plant from sources located outside the State of Kansas. During the same period the Company's products exceeded $600,000 in value, more than 20 percent of which was shipped to points outside the State of Kansas. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations,Act. II. THE ORGANIZATION INVOLVED Textile Workers Union of America is a labor organization, affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE 'UNIT The Union requests a unit composed of all production and mainte- nance employees of the Company at its Wichita, Kansas, plant, exclud- ing office and clerical employees, and supervisory employees. The Company does not generally oppose the foregoing unit, but would include the route clerk-proofreader; the Union contends that he should be excluded as a supervisory employee. The route clerk-proofreader assigns work to seven employees in the printing department. He is an hourly paid employee, and approxi- mately 80 percent of his time is spent in manual labor. He does not have authority to hire, discharge, discipline, or recommend such ac- tion. Acc8rdingly, we shall include him in the unit hereinafter found appropriate. We find that all production and maintenance employees, including its route clerk-proofreader, but excluding office and clerical employees, and all supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit ap- I The Board agent reported that the Union submitted 2G cards bearing the names of employees. A check showed that a substantial number of these employees were listed on the Company's pay roll. There are approximately 44 employees in the appropriate unit. BEMIS BRO. BAG CO. 1285 propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. V. DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among 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 the limitations and additions set forth in the Direction. 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, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Bemis Bro. Bag Co., Wichita, Kansas, 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 Seventeenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among employees in the unit found appropriate in Section IV, above, who were em- ployed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Textile Workers Union of America, C. I. 0., for the purposes of collective bargaining.