Bonafide Mills, Inc.

National Labor Relations Board - Board Decisions

May 29, 1942

41 N.L.R.B. 491 (N.L.R.B. 1942)

In the Matter of BONAFIDE MILLS, INC. and INTERNATIONAL BRoTIIER-
HOOD OF PULP; SULPHITE & PAPER MILL WORKERS, (A. F. L.)
Case No. R-3800.-Decided May 29,194f
Jurisdiction : linoleum manufacturing industry
Investigation and Certification of Representatives : existence of question : dis-
° pute as to unit, election necessary.
Unit kppropriate for Collective Bargaining : all production and maintenance
employees at one of Company's plants, including Boiler Room employees, but
excluding supervisory and office :Yid clerical workers; in view of the extent
of employee self-organization and other circumstances, plant-wide unit found
appropriate rather than Company-wide unit
Mr. Robert E. Greene, for the Board.
Mr. Robert J. Stewart, of Winthrop, Maine , and Mr. I. Arnold
Himber, of New York City, for the Company.
Mr. Fred TV. Morris, of Madison, Maine, for the A. F. L.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Pulp,
Sulphite & Paper Mill Workers, (A. F. L.), herein called the A. F. L.,
alleging that a question affecting commerce had arisen concerning -
the representation of employees of Bonafide Mills, Inc., Lisbon, Maine,
;herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice, before Charles E.
Persons, Trial Examiner. Said hearing was held at Lisbon Falls,
Maine, on May 4, 1942. The Company and the A. F. L. appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings, made at the hearing,
are free from prejudicial errors and are hereby affirmed.
41 N. 1, R B, No 98
491
492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bonafide Mills, Inc., a Maine corporation with its principal execu-
tive offices located in New York City, is engaged, in the manufacture,
sale, and distribution of linoleum. It owns and operates two plants,
one located at Winthrop, Maine, herein called Winthrop, and the other
at Lisbon, Maine, herein called Lisbon. The Company maintains
storage warehouses in Brooklyn, New York; Pittsburgh, Pennsyl-
vania; Detroit, Michigan; Chicago, Illinois; and at other points.
The principal raw materials used at the plants are burlap, asphalt
saturated felt, linseed oil, resin, soy-bean oil, cork, wood flour, color,
and fillers, 95 percent of which is shipped to the plants from foreign
countries and States other than Maine. The value of such materials
purchased annually is in excess of $500,000. The value of the finished
products manufactured at the Company's two plants annually is in
excess of $1,000,000, of which approximately 95 percent is sold and
delivered to points outside the State of Maine.' The Company admits
that it is engaged in commerce, within the meaning of the National
Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Brotherhood of Pulp, Sulphite & Paper Mill Workers,
(A. F. L.), is a labor organization admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
After a series of meetings between the Company and the A. F. L.,
the Company refused to enter into a collective bargaining contract
with the A. F. L. upon the basis of a unit confined to the Lisbon
plant.
A statement of the Regional Director introduced in evidence at the
hearing indicates that the A. F. L. represents a substantial number
of employees in the unit hereinafter found appropriate.2
i The above findings are based upon the Board ' s decision in Matter of Bonafide Mills,
Inc. and International Brotherhood of Pulp, Sulphite and Paper Mill Workers (A F. L.),
38 N L. R. B. 661 , pursuant to a stipulation of the parties entered into at the
heating
z The Regional Director stated that the A. F. L. had submitted 103 cards of recent
specified dates to him ; and that all the cards bore apparently genuine original signatures.
Evidence at the hearing indicates that these cards are confined to employees of the Lisbon
plant, ' which on March 28, 1'042, had approximately 148 production and maintenance
employees.
BONAFIDE MILLS, INC. 493
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
c
The A. F. L. requested a unit of all production and maintenance
employees at the Lisbon plant, excluding supervisory, office and cleri-
cal workers, and watchmen. The Company'contended that employees
of its two plants should be in a single unit. In support of its con-
tention, the Company pointed out the identity of management of
the two plants and further stated that all materials used at the
Lisbon plant are first processed, prepared, and the base made at the
Winthrop plant, and that if the latter plant ceases operation, the
former would, of necessity, be compelled to do likewise.
The A. F. L.'s position is that its parent organization follows a_
policy ' of establishing a local in each town where a mill is located
and does not set up locals having jurisdiction over two or more towns.
The A. F. L. also contended that while similar problems might exist
at the two plants, still it would be inconvenient for the members of a
local to meet if membership were divided between two towns.
Witnesses for the A. F. L. gave uncontradicted testimony that
no attempt had been made to organize the Winthrop plant. In a
decision issued January 29, 1942,3 the Board dismissed a complaint
against the Company (issued on charges filed by the A. F. L ), on
the ground that the Company had reasonably and in good faith
refused to bargain with the A. F. L. because of a disagreement over
whether the unit should be plant-wide (Lisbon plant), or Company-
wide. The A. F. L. began organizing at the' Lisbon plant in May
1940.
There have been no transfers of production workers 'between the
plants. Certain mechanics did go from Winthrop to perform main-
tenance work at the Lisbon plant, such as installing pipes and erecting
machinery, but when that work was completed, they returned to
Winthrop.
In view of the extent of employee self-organization and the other
circumstances presented herein, we are of the opinion that at this
time an appropriate unit should comprise only the Lisbon plant.4
The A. F. L. would exclude supervisory employees; the Company
took no position as to them. The Lisbon plant has three superintend-
See footnote 1, supra.
'It should be noted that in the earlier decision ( see footnote 1, supra) the Board
did not hold that the unit proposed was inappropriate , but merely that the Company's
disagreement as to unit was bona fide.
494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ents. Below them is a category of 11 General Foremen, all of whom
supervise the men under them and have power to recommend hiring
and discharging. We shall exclude the superintendents and General
Foremen from the unit as being supervisory employees.
The A.,F. L. would exclude watchmen; the Company again took
no position. The manager of the Company stated that watchmen
are listed on the pay roll under Boiler Room; and that the employees
so listed perform both the functions of tending the boilers and cir-
culating about the plant. Because these employees spend a substan-
tial part of their time in maintenance work, we shall include them
in the unit.
We find that all production and maintenance employees at the
Lisbon plant, including Boiler Room employees, but excluding super-
visory and office and clerical workers, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot, among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
Election, subject to the limitations and additions set forth therein.
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 ordered by the Board
to ascertain representatives, for the purposes of collective bargaining
with Bonafide Mills, Inc., Lisbon, Maine, 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 First 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 employees of the Company in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period imme-
diately preceding the date 'of this Direction of Election, including
employees who did not work during such pay-roll period because they
BONAFIDE MILLS, INC. 495
were ill or on vacation or in the active military service or training
of the United States, or temporarily laid off, but excluding those
employees who have, since quit or been discharged for cause, to
determine whether or not they desire to be represented by Interna-
tional Brotherhood of Pulp, Sulphite & Paper Mill Workers, (A. F.
L.), for the purposes of collective bargaining.
In the Matter of BONAFIDE MILLS, INC. and INTERNATIONAL BROTHER-
'HOOD OF PULP, SULPHITE & PAPER MILL WORKERS , (A. F. L.)
Case No. R-3800
ORDER GRANTING MOTION
June W11942
The Board having, on May 29, 1942, issued a Decision and Direc-
tion of Election 1 in the above-entitled case, and, thereafter, Inter-
national Brotherhood of Pulp, Sulphite L Paper Mill Workers
(A. F. L ), having filed a "Motion to Withdraw Petition," and the
Board hav-mg duly considered the matter,
IT Is HEREBY ORDERED t hat the aforesaid motion be, and it hereby is,
granted, and that the case be, and it hereby is, closed.,
1 41 N I. R A 491.
41 N L It. B., No. 98a.
496