Bushman Bag Service, Ltd.

National Labor Relations Board - Board Decisions

Apr 14, 1942

40 N.L.R.B. 515 (N.L.R.B. 1942)

In the Matter of BUSHMAN BAG SERVICE, LTD. and UNITED CEMENT,
LIME AND GYPSUM WORKERS, LOCAL UNION No. 167, A. F. OF L.
Case No. 8359.-Decided April 14, 19.¢2
Jurisdiction : cement packing industry.
Investigation and Certification of Representatives : existence of question . re-
fusal to accord petitioner recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all hourly paid employees, excluding
supervisory and clerical employees : agreement as to.
Mr. Francis J. Baker, of Fordwick, Va., for the Company.
Mr. Floyd N. Burks, of Staunton, Va., for the Union. -
Mr. Max E. Halpern, of counsel to the Board.
DECISION
AND
DTRECTTON OF ELECTION
STATEMENT OF THE CASE
On February 18, 1942, United Cement, Lime and Gypsum `Yorkers,,.
Local Union No. 167, affiliated with the American Federation of
Labor, herein called the Union, filed with the Regional Director for
the Fifth Region (Baltimore, Maryland) a petition alleging that a
question affecting commerce had arisen concerning the representation,
of employees of Bushman Bag Service, Ltd., Fordwick, Virginia,-
herein called the Company, and requesting an investigation and certi-
fication of representatives pursuant to Section 9 (c) of the National,
Labor Relations Act, 49 Stat. 449, -herein called the Act. On March
11, 1942, 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 clue notice.
On March 12, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company • and the
Union. Pursuant to notice, a hearing was held on March 23, 1'942,.
at Staunton, Virginia, before Earle K. Shave, the Trial Examiner-
40 N L R B, No 92
515
516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duly designated by the Chief Trial Examiner. The Company and
the Union were represented 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. During the course of the hearing the Trial Examiner made
various 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bushman Bag Service , Ltd.,' is a limited partnership existing by
virtue of the laws of the State of New Jersey, owned and operated by
Edward L. Bushman , Robert P. Bushman, Cornelia P. Bushman, Amie
D. Bushman , Evelyn B. Martens , and Katherine B. Howell. It main-
tains its principal office in Allentown , Pennsylvania , and does busi-
ness in the States of Pennsylvania , New Jersey , West Virginia, Vir-
ginia, Kansas, Iowa, and Maryland . The Company maintains a plant
at Fordwick , Virginia, which is involved herein . The Company has
contracts with various cement manufacturers in the States above men-
tioned, for the packing of cement in cotton or paper bags or loading
cement in bulk ; the counting , piling, and stacking of such bags in
cars and trucks for shipment; and the cleaning , repairing , and tying
of returned bags. The Fordwick plant carries on the operations above
described , under contract with the Lehigh Portland Cement Comp-ny.
During the year ending March 15, 1942, the Company and its
predecessor packed, prepared for shipment , and shipped approxi-
mately 1,080 ,000 barrels of cement for the Lehigh Portland Cement
Company, of which approximately 50 percent was shipped from the
Company's Fordwick plant to points outside the State of Virginia.
During this period, the Company and its predecessor serviced ap-
proximately 720,000 returned bags for the Lehigh Portland Cement
Company, of which approximately 50 percent was shipped to the
Company's Fordwick , Virginia, plant from points outside the State
of Virginia . For the services above described , the Company received
' The Company .is the successor of Modern Valve and Bag Company , a Delaware cor-
poration , which was joined as employer in Matter of Lehigh Portland Cement company and
Lime and Gypsum Workers , Local Union No 1G7, affiliated with A. F. of L., case No.
R-3362, 38 N L. R B. 167 , where the Board excluded the employees of Modern Valve
and Bag Company upon the ground that the companies involved therein, so far as the
record disclosed , were wholly separate enterprises and their respective employees were
a.nder their separate control and supervision.
- BUSHMAN BAG SERVICE, LTD. • 517
approximately $75,000, about 50 percent of which was paid for serv-
ices performed for the Lehigh Portland Cement Company.
The Company admits that it is engaged in commerce within the
meaning of the Act.
II. TIIE ORGANIZATION INVOLVED
United Cement , Lime and Gypsum Workers, Local Union No. 167,
is a labor organization affiliated with the American Federation of
Labor. It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated, and we find, that a question concerning
representation has arisen by reason of the Company's refusal to grant
the Union's request for recognition as exclusive bargaining repre-
sentative until and unless the Union is 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 em-
ployees in the unit hereinafter found to be appropriate.2
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occuring 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 parties agree, and we find, that all hourly paid employees
of the Company's Fordwick plant, excluding all supervisory and
clerical employees, constitute a unit appropriate for the purposes of
collective bargaining. We further find-that said unit will insure to
employees of the Company the full benefit of their right to self-organi-
zation and to collective bargaining and otherwise will 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 among the
2 The Regional Director ' s statement shoes that the Union submitted 20 authorization
cards ; 14 are dated in August 1941 ; 1 is dated in Septembei 1941 , and 5 are undated.
Signatures affixed to all of these cards appear to be genuine and original; and 17 cards
bear signatures of poisons whose names appeal on tie. Company ' s pay roll of February 20,
1942 The Company employs 22 persons at its Fordwick plant
Z18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. ,
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 Bushman Bag Service, Ltd., Fordwick,
Virginia, within the meaning of Section 9'(c) and Section 2 (6) and
,(7) of the National Labor Relations Act.
2. All hourly paid employees of- the Company's Fordwick plant,
,excluding all supervisory and clerical employees, constitute a unit
.appropriate for the purposes of collective bargaining, within the mean=
ng 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 Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions 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. Bushman Bag Service, Ltd., Fordwick, Virginia, 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 Fifth Region, acting
in this matter as agent for the National Labor Relations Board,
subject to Article III, Section 9, of said Rules and Regulations,
among all hourly paid employees of Bushman Bag Service, Ltd., who
were employed at its Fordwick plant during the pay-roll period im-
mediately 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 excluding all supervisory
and clerical employees and employees who have since quit or been dis-
charged for cause, -to determine whether or not they desire to be rep-
resented by United Cement, Lime and Gypsum Workers, Local Union
No. 167, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.