Fibreboard Products, Inc.

National Labor Relations Board - Board Decisions

Jan 19, 1953

102 N.L.R.B. 405 (N.L.R.B. 1953)

FIBREBOARD PRODUCTS, INC. 405
FIBREBOARD PRODUCTS, INC., SAN JOAQUIN DIVISION and OFFICE
EMPLOYEES INTERNATIONAL UNION, LOCAL No. 243, AFL, PETI-
TIONER. Case No. 20-RC-1803. January 19, 1953
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Robert V. Magor,
hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.'
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman Herzog and Members Styles and Peterson].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit of all office employees employed at
the Employer's San Joaquin Division plant at Antioch, California.
The Employer and the Association contend that the proposed unit
is inappropriate and that an associationwide unit is alone appropri-
ate, in view of the Employer's past particiation in associationwide
bargaining for its production employees. The Employer joined the
Association in 1948. The Association is comprised of 36 employers
in the paper manufacturing industry, and has since 1934 bargained
on behalf of its members with the International Brotherhood of Pulp
Makers and the International Brotherhood of Pulp, Sulphite and
Paper Mill Workers for the production employees of its members
in plants located in 3 States, including, since 1949, the instant plant,
as well as 7 other plants of the Employer. The contracts negotiated
by the Association have uniformly been adopted by its members.
However, there is no history of collective bargaining covering the
office employees involved in this case, or any other office employees
of the members of the Association. We do not believe that the fore-
going pattern of multiemployer bargaining for the Employer's pro-
'The Pacific Coast Association of Pulp & Paper Manufacturers ( hereinafter called the
Association ), of which the Employer is a member , was permitted to intervene at the
hearing, in the absence of objection by the other parties . The Association and the Em-
ployer were granted leave to file with the Board a brief in reply to the Petitioner 's brief.
102 NLRB No. 43.
250983-vol 102-53 27
406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duction employees should preclude a finding that the unit of office
employees here sought is appropriate at the present time?
The instant plant at Antioch, California, is one of 8 paper manu-
facturing plants of the Employer, located in 3 different States. The
Employer has 1 other such plant at Antioch. Although there is some
interchange of office workers between this plant and other plants of
the Employer, all hiring of new employees for this plant is done
locally by plant supervisors, and the personnel manager there han-
dles all plant labor relations matters.
Under these circumstances, and upon the entire record, we find
that the single-plant unit of office employees sought by the Petitioner
is appropriate. We shall, therefore, direct an election in the follow-
ing unit :
All office employees employed at the Employer's San Joaquin Divi-
sion plant, Antioch, California, including clerks, stenographers, ac-
countants, statisticians, and paymasters, but excluding confidential,3
managerial, professional, and all other employees, guards, and super-
visors as defined in the Act.
[Text of Direction of Election omitted from publication in this
volume.]
2 See Joseph E. Seagram & Sons, Inc., 101 NLRB 101; Miller & Miller Freight Lines,
101 NLRB 581 ; Lownsbury Chevrolet Company, 101 NLRB 1752.
3 In accord with the stipulation of the parties , we shall exclude as confidential em-
ployees the secretaries to the personnel manager and to the plant manager.
CARY LUMBER COMPANY and UNITED BROTHERHOOD OF CARPENTERS
AND JOINERS or AMERICA, AFL, LOCAL UNION No. 2399. Case
No. 11-CA-t58 (f ommerly .34-CA-258). January 01, 1953
Decision and Order
On March 18, 1952, Trial Examiner Louis Plost issued his Inter-
mediate Report in the above-entitled proceeding finding that the Re-
spondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
mediate Report attached hereto. The Trial Examiner also recom-
mended dismissal of the complaint with respect to certain conduct by
the Respondent alleged to be violative of the Act. Thereafter the
Respondent and the General Counsel filed exceptions to the Inter-
mediate Report and supporting briefs. The Respondent also re-
quested oral argument. This request is denied as the record and briefs,
102 NLRB No. 49.