Clarksburg Paper Co.

National Labor Relations Board - Board Decisions

Dec 11, 1945

64 N.L.R.B. 1319 (N.L.R.B. 1945)

In the Matter of CLARKSBURG PAPER COMPANY and PAPER WORKERS
ORGANIZING COMMITTEE, CIO
Case No. 8-R-1868.-Decided December 11, 194
Mr. D. W. Ebbert, of Pittsburgh, Pa., for Clarksburg.
Mr. William H. Walters, of Zanesville, Ohio, and Mr. Tom Mitchell,
of Cleveland, Ohio, for the Paper Workers.
Mr. Albert K. Plone, of Camden, N. J., and Mr. Dale Clutter, of
Washington, Pa., for the GBBA.
Mr. Oscar Geltman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by Paper Workers Organizing Commit-
tee, CIO, herein called the Paper Workers, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Clarksburg Paper Company, Zanesville, Ohio, herein called
Clarksburg, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Arthur Stark, Trial Ex-
aminer. The hearing was held at Zanesville, Ohio, on July 26, 1945.
Clarksburg, the Paper Workers, and Glass Bottle Blowers Associa-
tion of United States and Canada, A. F. of L., herein called the
GBBA, 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 . For reasons set forth in
Section III, infra, the GBBA's motion to dismiss the petition be-
cause the unit sought is inappropriate, is granted. The Trial Ex-
aminer's rulings made at the hearing are' free from prejudicial error
and are hereby affirmed. All parties were afforded an opportunity to
file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. TIIE BUSINESS OF THE COMPANY
Clarksburg Paper Company operates plants at Lancaster, New
York; Clarksburg, West Virginia; Ada, Oklahoma; Oakland, Cali-
64N.L R . B,No.217. 1319
1320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fornia; and Zanesville, Ohio. At the Zanesville plant Clarksburg
manufactures boxes and containers using raw material valued in ex-
cess of $1,000,000 per year, most of which is purchased within the
State of Ohio. In 1944 Clarksburg manufactured at its Zanesville
plant finished products valued in excess of 51,000,000. All products
manufactured at the Zanesville plant are sold to Hazel-Atlas Glass
Corporation, herein called Hazel-Atlas, in Zanesville, Ohio. It ap-
pears that a substantial quantity of these products is shipped by
Hazel-Atlas to points outside the State of Ohio.
Clarksburg admits, for the purpose of this proceeding, that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
11. THE ORGANIZATIONS INVOLVED
Paper Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
Glass Bottle Blowers Association of United States and Canada,
affiliated with the American Federation of Labor, is a labor organ-
ization admitting to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Paper Workers seeks a separate unit of the production and
maintenance employees of the Clarksburg plant at Zanesville, with
certain exclusions. The GBBA contends, however, that the( unit
sought is not appropriate in view of a history of bargaining on a
broader basis, and at the hearing, moved to dismiss the petition on
this ground. Clarksburg takes no position with respect to the pro-
priety of the unit sought.
As noted above, Clarksburg sells all of its Zanesville output to
Hazel-Atlas. Hazel-Atlas manufactures glass bottles at two plants
in Zanesville' It uses Clarksburg's boxes and containers for shipping
its products. Although the two companies are separate corporate
entities and separately employ, supervise, and pay their Zanesville
employees, they are closely connected in many respects.'
'These are referred to as Hazel-Atlas plants No 1 and No 2.
2 Clarksburg ' s machinery and equipment is housed in a building owned by Hazel-Atlas,
located on the grounds of the Hazel-Atlas No. 2 plant in Zanesville Hazel-Atlas furnishes
electrical, plumbing, sheet metal, and machine shop repair work to Clarksburg, and main-
tains the building watchmen employed ,by Hazel-Atlas patrol the premises of both com-
panies. The employees of both companies enter the grounds through a time office run by
Hazel-Atlas employees, where all employees punch a time clock. However, Clarksburg
employees punch an additional time clock in their own building Approximately 12
employees of Hazel-Atlas are stationed in the Clarksburg building for the purpose of
checking out boxes manufactured and bringing them to the Hazel-Atlas plants A number
of Hazel-Atlas employees occasionally do part-time work for Clarksburg, and are paid by
Clarksburg for such work. Employees of both companies use a sick bay maintained by
CLARKSBURG PAPER COMPANY 1321
In 1937, the GBBA organized the Zanesville employees of Clarks-
burg and Hazel -Atlas . On or before May 14, 1937 , a conference was
held at which the GBBA 's demands were discussed . The conference
was attended by representatives of Hazel -Atlas, a representative of
Clarksburg , officers of the GBBA , and GBBA local union representa-
tives from the following plants of both companies : three Hazel-Atlas
plants at Washington , Pennsylvania ; 8 a Hazel-Atlas plant at Graf-
ton, West Virginia; a Hazel-Atlas plant at Lancaster , New York;
the two Hazel-Atlas plants at Zanesville , Ohio; and the Clarksburg
plant at Zanesville , Ohio. On May 14, 1937, an agreement was entered
into between Hazel -Atlas and GBBA with respect to terms and con-
ditions of employment at all the above-named Hazel-Atlas plants.
The agreement was signed by representatives of Hazel-Atlas, by a
representative of Clarksburg , and by officers of GBBA. Names of
local union representatives from all the above -named plants of both
companies were set forth in an appendix to the agreement as "con-
ferees ." Thereafter , in September 1937, and at ensuing intervals of
approximately 1 year up to and including September 1944, other
agreements were entered into between Hazel -Atlas and GBBA, with
respect to the same Hazel-Atlas ' plants . A representative of Clarks-
burg usually attended the pre-agreement conferences and signed these
agreements .' Representatives of GBBA local unions at the above-
nalned Hazel-Atlas plants participated in all pre -agreement confer-
ences, and representatives of the GBBA local union at Clarksburg's
Zanesville plant also usually participated . 5 Although there are
GBBA local unions at other plants of both companies , it appears that
only one of them , a local union at a Hazel -Atlas plant in Wheeling,
West Virginia , had representatives at these conferences.6
Soon after each of the agreements between Hazel -Atlas and GBBA
was entered into , a separate agreement was negotiated between Clarks-
burg and GBBA , for Clarksburg 's Zanesville employees. These
agreements were signed by Clarksburg representatives , and they were
-usually signed by a Hazel -Atlas representative.' All of the agree-
Hazel-Atlas at its No 2 plant, and eat at a cafeteria on the premises of Hazel-Atlas, run
by an association of Hazel-Atlas employees They all take part in the recreational activities
conducted by this association Employees of both companies at Zanesville participate in
a single group insurance plan maintained by Clarksburg and Hazel-Atlas for employees at
all plaits, wherever located, of both companies, and, in addition, constitute the member-
ship of a local relief association at Zanesville
These plants are called : Atlas, Hazel No 1. and Hazel No 2
Five Hazel-Atlas agreements were signed by a Clarksburg representative: May 1937,
September 1938, September 1939, October 1940, and September 1942 Four Hazel-Atlas
agreements were not signed by a Clarkebuig representative September 1937, September
1941, September 1943 and September 1944
'Representatives of this local apparently did not participate in the 1940 and 1941
conferences
" Representatives of this local participated in all conterences except the first
Five Clarksburg agreements weme signed by a Hazel-Atlas representative- May 1937,
September 1937, September 1941, September 1942 and September 1944 Four Clarksburg
agreements were not signed by Hazel-Atlas representatives. September 1938, September
1322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
meats were also signed by officers of GBBA and by representatives
of the GBBA local at Clarksburg's Zanesville plant. Employee rep-
resentatives from other plants of the companies did not participate
in these negotiations or sign the agreements.
The Clarksburg agreements are obviously copied from the Hazel-
Atlas agreements. They contain, in large measure, the same lan-
guage, and the same or substantially the same provisions with respect
to union recognition, grievance procedure, seniority, transfers, dis-
charges, holidays, vacation, overtime, and related matters. The
agreements differ in the jobs covered, and in minor respects. With
respect to wage rates, the agreements of both companies are silent,
but it appears that wage increases agreed upon in the course of the
Hazel-Atlas conferences were also given to Clarksburg employees,
and that wages for comparable jobs are the same at both companies.
The superintendent of the Clarksburg plant at Zanesville, who had
participated in many of the negotiations conducted by each company,
testified that the purpose of the separate negotiations between Clarks-
burg and its employees was "to settle small differences which are appli-
cable in that operation," but that it was understood that the Clarksburg
agreements were to be "fundamentally" the same as the Hazel-Atlas
agreements. In view of the similarity between the agreements, we
credit his testimony. He also testified that in attending the Hazel-
Atlas conferences, he was representing all of Clarksburg's plants,
wherever located. In this connection, we note that Clarksburg has a
plant at Lancaster, New York,' that the employees at Lancaster of both
Hazel-Atlas and Clarksburg belong to the same GBBA local union;
and that Clarksburg has no agreement with its Lancaster employees
other than the Hazel-Atlas agreement.
It is apparent that, except for minor matters, the terms of the agree-
ments between Clarksburg and the representatives of its employees
were settled at the Hazel-Atlas conferences. It is also apparent that,
at those conferences, it was understood by all concerned that agree-
ments arrived at were to apply to the employees at plants of both com-
panies.10 We have heretofore held that where employers have in the
past jointly conducted'negotiations with a labor organization and are
not unwilling to continue such dealings, we will not hold appropriate a
unit composed of employees of one of these employers 11 We have also
1939, November 1940 and September 1943 ; but the conference which preceded the Septem-
ber 1939 agreement was held at the Hazel-Atlas office in Zanesville
The Lancaster plant of Clarksburg came into existence subsequent to May 14, 1937.
As noted above, representatives of this local union participated in the Hazel-Atlas
negotiations as "conferees".
to These plants are. Hazel -Atlas plants called Atlas, Hazel No. 1 , and Hazel No. 2, at
Washington, Pennsylvania ; a Hazel -Atlas plant at Grafton , West Virginia ; a Hazel-Atlas
plant at Lancaster , New York ; Hazel-Atlas plants No . 1 and No. 2 at Zanesville , Ohio ; a
Clarksburg plant at Lancaster , New York ; and a Clarksburg plant at Zanesville, Ohio.
11 Matter of Dolese f Shepard Company , et al. 56 N L R B 532 ; Matter of Standard
Slag Company, 63 N. L. R. B. 313.
CLARKSBURG PAPER COMPANY 1323
held that where there has been actual bargaining on a multi-plant basis,
stabilized by agreement, a unit composed only of employees in one of
such plants is not appropriate for purposes of collective bargaining.12
Since it is clear that Clarksburg and Hazel-Atlas for many years have
jointly negotiated, on a multi-plant basis, with a labor organization
representing certain Hazel-Atlas employees and certain Clarksburg
employees, including Clarksburg employees at Zanesville, we find that
the unit sought herein, limited to Clarksbulg'employees at Zanesville, is
inappropriate.
IV. THE AIJ E(AEI) QCESTION CONCERNING REPRESENTATION
Since the bargaining unit sought to be established by the petition is
inappropriate, as stated in Secnon III, above, we find that no question
affecting commence has arisen concerning the representation of em-
ployees of the Company- in an appropriate unit.
ORDER
Upon the basis of the foregoing findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of Clarksburg Paper Com-
pany, Zanesville, Ohio, filed by Paper Workers Organizing Committee,
CIO, be, and it hereby is, dismissed.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Order.
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