Dunn Sulphite Paper Co.

National Labor Relations Board - Board Decisions

Jul 30, 1942

42 N.L.R.B. 1104 (N.L.R.B. 1942)

In the Matter of DUNN SULPHITE PAPER COMPANY and UNITED PAPER,
NOVELTY AND Toy WORKERS , INTERNATIONAL UNION, C I O.
Case No. R-3993 -Decided July 30,1941
Jurisdiction : paper manufacturing industry
Investigation and Certification of Representatives existence of question re-
fusal to accord petitioner recognition, contract entered into after Company
had notice of petitioning union's claim to representation, held no bar, elec-
tions necessary
Unit Appropriate for Collective Bargaining separate elections directed among
paper and pulp workers, respectively, to determine whether they should con-
stitute a single or separate units-single management, and prior history of
collective bargaining in plant and tiaditional oiganization of woikeis in paper
industry considered
Mr. George C. Dunn, of Port Huron, Mich, for the Company
Mr. Harry Sayre, of Monroe, Mich, for the Novelty Workeis
Mr Archie Hook, of Monroe, Mich., for the Paper Makers.
Mr. H. S Sullivan, of Worcester, Mass, for the Pulp Woikers
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by United Paper, Novelty and Toy Work-
ers, International Union, C I. 0., herein called the Novelty Workers,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Dunn Sulphite Paper Company,
Port Huron, Michigan, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before E G Smith, Trial Examiner Said hearing was held at Port
Huron, Michigan, on June 25, 1942 The Company, the Novelty
Workers, International Brotherhood of Paper Makers, Blue Water
Local No 399, herein called the Paper Makers, and International
Brotherhood of Pulp, Sulphite & Paper Mill Workers, Local No 387,
herein called the Pulp Workers, appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
42 N L R B , N 198
1104
DUNN SULPHITE PAPER COMPANY 1105
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
Upon the entire record in the case; the Board makes the following :
FINDINGS OF FACTS
I THE BUSINESS OF THE COMPANY
Dunn Sulphite Paper Company is a Michigan corporation with
its office and a plant, which alone is involved in this proceeding,
located at Port Huion, Michigan. The Company is engaged in the
manufacture of paper During the year ending December 31, 1941,
the Company purchased raw matei ials amounting to more than
$750,000 in value, of which 94 peicent was purchased outside the State
of Michigan Dui ing the same peiiod, the Company's total sales
amounted to moi e than $1,500,000, of which 97 percent was sold outside
the State of Michigan
It THE ORGANIZATIONS INVOLVED
United Paper, Novelty and Toy Workeis Inteinational Union,
is a labor organization affiliated with the Congiess of Industrial
Organizations, admitting to membership employees of the Company.
International Brotherhood of Paper Makers, Blue Water Local
No 399, and International Brotherhood of Pulp, Sulphite & Paper
Mill Workers, Local No 387, are labor organizations affiliated with
the American Federation of Labor, admitting to- membership
employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
On or about Maich 30, 1942, and subsequently on April 11, 26, 27,
and May 1, 1942, the Novelty Workeis requested sole bargaining
iights in the, Company's Port Huron plant but the Company refused
to recognize the petitioning union or any other union as sole and
exclusive representative until certified by the Board.
At the hearing, the Paper Makers and the Pulp Workers contended
that they had a contract with the Company which was a bar to the
present proceeding It appears, however, that the contract in
question is an oral agreement which had been reached on April 25,
1942, but had not been incorporated into a signed written agreement
due to the fact that the Company was advised by the Novelty Workers
on April '26, 1942, that it would be committing an unfair labor
ni actice if it signed the agreement
427814-42-voL 2-70
1106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Inasmuch as the contract in question was entered into with
knowledge of a claim on the part of the Novelty Workers to represent
the Company's employees, the conch act is not a bar to a present
determination of representatives 1
From the statement of the Regional Director 2 and from certain
written authorizations' of employees Introduced in evidence at the
hearing, it appears that, the Novelty Workers, the Paper Makers, and
the Pulp Woi kers each represents a substantial number of employees
in the unit alleged by each to be 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 National Labor
Relations Act
IV. THE APPROPRIATE UNIT, THE DETERMINATION OF REPRESENTA1IVES
The Novelty Workers originally claimed in the petition as filed that
the appropriate unit should consist of all production and maintenance
employees of the Company, excluding office, clerical, and supervisory
employees° At the hearing, the Novelty Workers `amended the-peti-
tion to state that the appropriate unit should consist of all production
and maintenance employees including watchmen, janitors, service
employees, and laboratory assistants, and should specifically exclude
clerical and office employees and supervisory employees having the
right to hire and discharge or having the right to recommend such
action This proposed unit includes all employees of the Company
other than those specifically excluded
The Paper Makers and the Pulp Workers contend that there should
be two separate units corresponding to the units coveied by past
collective bargaining contracts which these unions have had with the
Company and which correspond to their respective jurisdictions in
the paper making industry The unit desired by the Paper Makers
1 See Matter of Inteilale Don Corporation and Local Union 1657 , Steel Workers
Organizing Committee, C I 0, 38 N L R B 139
2 The Regional Director reported that the petitioner had submitted 68 signed mem-
bership cards in the U A \V -C I 0 , and 69 signed membership caicls in the Novelty
Workers , that an examination of both sets of cards showed that in 57 cases the same
employee had signed both tapes of cards, th'tt of the 'U A W -C I 0 cards, 25 were
dated March 1942, 1 in April 1942,' and 31 undated, that of the NoNelty workers cards, 1
was dated in Januaiy 1942 1 in March 1942, iS in April 1942 14 in M'iy 1942 and 3
undated, that among the signatures which appear to be genuine original signatures on
both types of c'uds sic the names of 52 persons wliose names are on the Comp'1113 s pay
loll of May 20 1942, and that these aie 109 employees in' the unit alleged by the
Novelty workers to be appropriate The Regional Diiector fuithei iepoited that the
Paper Makers and the Pulp workers claimed an inteiest in the proceeding due to the
fact that they have had contractual relations with the Company continuously since 1934
and aie piesently opei'ttiiig undei a conti ict with the Company
3The Paper Mikeis and the Pulp workers intioduced in evidence 34 wntten statements
of employees dated on of about April 30, 1942, to the effect that tlie3 authorized these
organizations to represent them for the puiposes of collective bargai n ing
DUNN SULPHITE PAPER COMPANY 1107
comprises the beater department, the paper machine department, the
finishing department, and the shipping department, with a total of
approximately 42 employees The unit desired by the Pulp Workers
comprises the bleaching department, power department, repairs, main-
tenance and constitlction depaitment, mill oiling department, stoies
and receiving department, yard department, and salvage man, with a
total of approximately 52 employees
While the Company's employees are all directed by the same man-
agement, the Company's mill, like other units in the industry, is di-
vided into two more or less distinct operations. One consists of bleach-
ing and washing raw mates ial until it is in condition to be made into
paper. The other operation consists of the paper making process
proper, and finishing and shipping the completed products Tra-,
ditionally the organization of workers in paper mills has followed
these distinct divisions and the jurisdiction of the Paper Makers and
the Pulp Workers follow these lines,' and these unions have divided the
employees in similar fashion in a seises of contracts with the Company
prior to 1942
In view of the history of collective bargaining between the Company,
here involved and its employees, we are of opinion and find that the
employees in the two groups recognized as separate by the said con-
tracts, may properly constitute two separate units appropriate for
purposes of collective bargaining Accordingly we shall direct two
separate elections, as follows (a) among the Company's employees in
the beater department, the paper machine department, the finishing de-
paitment, and the shipping department, excluding office, clerical, and
supervisory employees, to determine whether they desire to be repre-
sented by the Novelty Workers, the Paper Makers, or neither; and (b)
among the Company's employees m the bleaching department, power
department, repairs, construction and maintenance department, mill
oiling department, stores and receiving department, yard department,
and salvage man, excluding office, clerical, and supervisory employees,
to determine whether they desire to be represented by the Novelty
Workers, the Pulp Workers, or neither.
Upon the results of these elections will depend in part the determina-
tion of the appropriate unit or units If the employees in both groups
select the same i epresentative, they will together constitute a single
appropi iate unit; if they select difFei ent representatives they will
constitute sepaiate units
Inasmuch as the watchmen, janitors, service employees, and labora-
tory assistants have not participated in the collective bargaining agree-
s See Matter of Mosinee Paper Mills Company and International B, othem hood of Paper
Makers and International Brothe,hood of Pulp, Sulphate and Paper Mill Wo,hers,
I N L R B 393
1108 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
ments with the Company in the past, we find that they have not a coin-
munity of interest with the employees in the foregoing groups and
shall therefore exclude them from the appropriate unit or units
We shall, accordingly, direct that the question concerning repre-
sentation which has arisen be resolved by separate elections by secret
ballot among the employees in the foregoing groups who were em-
ployed during the pay-roll period immediately preceding the date
of the Direction of Elections, herein, subject to the ,limitations and
additions set forth in the Direction.
DIRECTION OF ELECTIONS
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 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Dunn Sulphite
Paper Company, Port Huron, Michigan, separate elections 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 Seventh 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 those employees of the Company at its Port Huron, Michigan,
plant, who were employed during the pay-roll period immediately
preceding the date of this Direction, in the groups described in
Section, IV above, respectively, including any such employees who did
riot work during said 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 any who have since
quit or been discharged for cause, to determine as to group (a)
whether they desire to be represented by United Paper, Novelty and
Toy Workers, International Union, C. I. 0., or by International
Brotherhood of Paper Makers, Blue Water Local No 399, A. F. of L.,
for purposes of collective bargaining, or by neither ; and as to group
(b) whether they desire to be represented by United Paper, Novelty
and Toy Workers, International Union, C. I O , or by International
Brotherhood of Pulp, Sulphite & Paper 112i11 Workers, Local No
387, A F of L , for the purposes of collective bargaining, or by
neither
MR GERARD D REILLY took no part in the consideration of the
above Decision and Direction of Election.