Bemis Brothers Bag Company

National Labor Relations Board - Board Decisions

Dec 6, 1938

10 N.L.R.B. 235 (N.L.R.B. 1938)

In the Matter of BEMIS BROTHERS BAG COMPANY and TEXTILE
WORKERS ORGANIZING COMMITTEE
Case No. R-1123.-Decided December 6, 1938
Cotton Bag Industry-Investiqation of Representatives : controversy concerning
representation of employees : rival organizations ; refusal by employer to recog-
nize petitioning organization as exclusive representative of its employees unless
so certified by hoard-Unit Appropriate for Collective Bargaining : stipulated:
all production and maintenance employees at plant involved, excluding clerical
and supervisory employees-Election Ordered : eligibility date stipulated; ex-
clusion of "inside" union from ballot as successor to company -dominated union,
not warranted by evidence.
Mr. Marion A. Prowell, for the Board.
Mr. S. J. Everett, of Jackson, Tenn., and Mr. Frank Y. Gladney,
of St. Louis, Mo., for the Company.
Mr. H. G. B. King, of Chattanooga, Tenn., for the T. W. O. C.
Mr. Carmack Murchison and Mr. Jack Manhein, of Jackson, Tenn.,
for the Affiliated.
Mr. David Y. Campbell, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 28, 1937, Textile Workers Organizing Committee, herein
called the T. W. O. C., filed a petition with the Regional Director for
the Tenth Region (Atlanta, Georgia) alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Bemis Brothers Bag Company, Bemis, Tennessee, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On September 24, 1938, the
T. W. O. C. filed an amended petition. On October 13, 1938, the
National Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
10 N. L . R. B., No. 24.
235
236 NATIONAL LABOR RELATIONS BOARD
On October 25, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon the
T. W. O. C., and upon Affiliated Workers of Bemis, herein called the
Affiliated, a labor organization claiming to represent employees di-
rectly affected by the investigation. Pursuant to an amended notice, a
hearing was held on November 10, 1938, at Jackson, Tennessee, before
Horace -A. Ruckel; the Tria1,.Examiner duly designated by the Board.
The Board, the Company, the T. W. O. C., and the Affiliated were
represented by counsel and participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties. At
the hearing the Affiliated filed a motion to intervene in the proceed-
ing. This motion was granted by the Trial Examiner. The T. W. O. C.
filed a motion to strike the Affiliated's motion to intervene. This
motion was denied by the Trial Examiner. During the course of the
hearing the Trial Examiner made various other rulings on motions
and on objections to the admission of evidence. The Board has re-
viewed 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 following :
FINDINGS OF FACT
1. THE BUSINESS OF THE"COMPANY
The Company, a Missouri corporation having its principal office
in St. Louis, is engaged in manufacturing and selling cotton and
paper bags. At its Bemis, Tennessee, plant, with which we are here
concerned, the Company manufactures cotton sheeting for use in the
production of bags at its factories located in Memphis, Tennessee, and
in 12- other States. In 1937 the Bemis plant produced approximately
8,216,106 pounds of cotton sheeting, amounting to $2,326,774 in value,
of which approximately 95.57 per cent were shipped to the Company's
factories situated outside Tennessee.
The Company employs 885 persons at the Bemis plant.
II. THE ORGANIZATIONS INVOLVED
Textile Workers Organizing Committee is a labor organization affili-
ated with the Committee for Industrial Organization. It admits to
membership all production and maintenance employees of the Com-
pany, excluding supervisory and office employees.
Affiliated Workers of Bemis is an unaffiliated labor organization,
admitting to its membership only employees of the Company at its
Bemis plant, excluding supervisory and clerical employees.
DECISIONS AND ORDERS
III. THE . QUESTION CONCERNING REPRESENTATION
237
Prior to June'1937"there existed among the Company's employees
at the Bemis plant a local of United Textile Workers of America.
There was also an "inside" union, which by a decision dated August 10,
1937, the Board found to be company-dominated and ordered to be
disestablished.' In June of the same year the Affiliated was organized
and on-,June 9, claiming to represent a majority of the Company's em=
ployees, it requested the Company to enter into a contract recognizing
it as the exclusive bargaining agent for them. The Company refused
to sign the contract on the ground that another organization likewise
claimed to represent a majority of its employees.
In July 1937 the T. W. 0. C. commenced its organizational activity
and took over the membership of the local of United Textile Workers
of America already existing at the Company's plant. On August 26,
1938,-Br-azzell, the district director, and Lawrence, the regional direc-
tor of the T. W. 0. C., requested the Company to recognize the
T. W. 0. C. as the sole bargaining representative of the Company's
employees. The Company, in turn, stated its willingness to bargain
collectively if the representatives of its employees were determined by
the Board. Brazzell and Lawrence then suggested that an election be
held for such purpose by agreement between the T. W. 0. C. and the
Company. The Company agreed to such consent election, provided
that the Affiliated's name appeared on the ballot. The T. W. 0: C. -
contended that the Affiliated was but the successor to the company-
dominated union, and refused to agree to the Affiliated's participation
in the election.
We find that a question has arisen concerning representation of
employees of the Company at its Bemis plant.
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
At the hearing the parties stipulated that an appropriate bargain-
ing unit consists of all production and maintenance employees of the
'Matter of Bennis Brothers Bag Company and Local No. 1888, United Textile IPo; kei s
of Amenca, 3 N. L. R. B. 267.
238 NATIONAL LABOR RELATIONS BOARD
Company at its Bemis plant, excluding clerical and supervisory em-
ployees. All the parties agreed that the term "production and main-
tenance employees" should include all the employees in the Com-
pany's various facilities, such as the gin, the ice plant, and the power
plant, as well as those engaged in general maintenance work, with
the exception of the employees in the Company's store. It was
further agreed that employees who occupy the position of second
hand or above are part of the supervisory force; that employees who
occupy the position of section hand and below are not supervisory
employees. All the employees in the unit designated above are eli-
gible to membership in both the T. W. O. C. and the Affiliated and
we see no reason to alter the agreed unit.
We find that all production and maintenance employees of the
Company at its Bemis plant, excluding clerical and supervisory em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining, and that such unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to collec-
tive bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The T. W. O. C. claims that it has been designated by 514 em-
ployees in the appropriate unit as their representative. The Affiliated
claims that it has 523 members among the Company's employees in
said unit. Either number is a majority of the total number of em-
ployees in such unit. No signed application cards or other proof of
membership have been introduced in evidence by either the T. W.
0. C. or the Affiliated.
In view of these facts, we believe that the question concerning
representation can best be resolved by holding an election by secret
ballot. At the hearing it was stipulated, and we will so direct, that all
employees in the appropriate unit whose names appear on the pay roll
for the week ending October 22, 1938, shall be eligible to vote in the
election. -
The T. W. O. C. requests that seven employees,2 who are alleged to
have been discriminatorily discharged by the Company in charges filed
with the Regional Director by the T. W. O. C., be allowed to vote in
the election. Since the status of said persons as employees is in ques-
tion, we will direct that they shall be entitled to vote but that their
ballots shall be segregated from the others and shall not be counted
pending a disposition of said charges.3
2 The names of these employees are : Morris Brasher, Eva Reeves Creasy , D. O. Irwin,
Cliff Mayo, Same B . Rice, Arthur Weaver, and J. W. Yarborough -
8 See Matter of Seattle Post-Intelligencer Department of Hearst -Publications , Inc and
Reattle Newspaper Guild, Local No. 82, 9 N. L. R. B. 1262.
DECISIONS AND ORDERS 239
The T. W. O. C. objects to the Affiliated's participation in the elec-
tion, alleging that the Affiliated is the same organization which the
Board has heretofore found to be company-dominated and ordered to
be disestablished.4 The evidence introduced by the T. W. O. C. in
support of its position does not warrant our excluding the Affiliated's
name from the ballot.
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 Bemis Brothers Bag Company, Bemis,
'Tennessee, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All production and maintenance employees of the Company at its
Bemis plant, excluding clerical and supervisory employees', constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the 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,
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 1, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain rrepresentatives for collective bargaining with Bennis
Brothers Bag Company, an election by secret ballot shall be conducted
within fifteen (15) days from the date of this Direction, under the
direction and supervision of the Regional Director for the Tenth
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regula-
tions, among all production and maintenance employees of Bemis
Brothers Bag Company at its Bemis, Tennessee, plant, whose names
.appear on the pay roll for the week ending October 22, 1938, including
the seven employees mentioned in Section VI of the above Decision,
subject to the conditions set forth in said section, but excluding clerical
and supervisory employees and employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by Textile Workers Organizing Committee, affiliated with the
Committee for Industrial Organization, or by Affiliated Workers of
Bemis, for the purpose of collective bargaining, or by neither.
4 Matter of Bemis Brothers Bag Company and Local No. 1838, United Textile Workers
of America , 3 N. L. R . B. 267, 292.
240
SAME TITLE
NATIONAL LABOR RELATIONS BOARD
Election Ordered: run-off
SUPPLEMENTAL DECISION
AND
DIRECTION OF ELECTION
January 04, 1939
On December 6, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case, directing that an election by secret ballot be con-
ducted within fifteen (15) days from the date of the Direction, among
all production and maintenance employees of Bemis Brothers Bag
Company at its Bemis, Tennessee, plant, whose names appear on the
pay roll for the week ending October 22, 1938, with certain modifica-
tions, but excluding clerical and supervisory employees and employees
who have since quit or been discharged for cause, to determine
whether they desired to be represented by. Textile Workers Organ-
izing Committee, affiliated with the Committee for Industrial Organi-
zation, or by Affiliated Workers of Bemis, for the purposes of col-
lective bargaining, • or by neither.,
Pursuant to the Direction', an election by secret ballot was con-
ducted on December 19, 1938, at Bemis, Tennessee, under the direction
and supervision of the Regional Director for the Tenth Region (At-
lanta, Georgia). On December 22, 1938, the- Regional Director, act-
ing pursuant to Article III, Section 9, of National Labor Relations
Board:Rules-and Regulations-Series 1,,as amended, issued and duly
served upon the parties an Intermediate Report on the ballot. No
objections or exceptions to the Intermediate Report have been filed
by any of the parties.
As to the results of the secret ballot, the- Regional Director re-
ported as follows : -
Total number eligible ---------------------------------------- 817
Total ballots cast------------------------------------------- 792
Total number of ballots cast for Textile Workers Organizing
Committee, affiliated with the C. I. O--------------------- 364
Total number of ballots cast for Affiliated Workers of Bemis-_ 303
Total number of ballots cast for neither--------------------- 115
Total number of challenged ballots-------------------------- 8
Total number of blank ballots------------------------------- 0
Total number of void ballots-------------------------------- 2
Where one -union receives a plurality but not a majority of the
votes cast it has been our practice to direct a run-off election, upon
request of the union receiving the greatest number of votes, to deter-
DECISIONS AND ORDERS 241
mine whether or not the employees" desire to be represented, by such
union for the purposes of collective bargaining.2 The Regional Di-
rector has transmitted to the Board a request by Textile Workers
Organizing Committee for such a run-off election. The Board finds
that a run-off election should be held and will so direct.
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 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it-is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Bemis
Brothers Bag Company, an election by secret ballot shall be conducted
within fifteen (15) days from the date of this Direction, under the di-
rection and supervision of the Regional Director for the Tenth Region,
acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regu-
lations, among all production and maintenance employees of Bemis
Brothers Bag Company at its Bemis, Tennessee, plant, whose names
appear on the pay roll for the week ending October 22, 1938, includ-
ing the seven employees mentioned in Section VI of the Decision of
the Board issued December 6, 1938, subject to the conditions set forth
in said section, but excluding clerical and supervisory employees and
employees who have since quit or been discliarged for cause, to deter-
mine whether or not they desire to be represented by Textile Workers
Organizing Committee, affiliated with. the Committee for Industrial
Organization, for the purpose of collective bargaining.
2 Matter of Shell Ott Company and International Association of Oil Field, Gas Well and
Refinery Workers of America, 9' N. L. R. B. 908.
10 N. L. R. B., No. 24a.
0