Filer Fibre Co.

National Labor Relations Board - Board Decisions

Oct 12, 1942

44 N.L.R.B. 1075 (N.L.R.B. 1942)

In the' Matter of FILER FIBRE-COMPANY and UNITED PAPER, NOVELTY
AND Toy WORKERS INTERNATIONAL UNION, AFFILIATED WITH C. I. O.
Case No. R-4205.-Decided October 12, 19.42
_Jurisdiction : paper products manufacturing industry.'
Investigation and Certification of Representatives : existence of question:
refusal to accord recognition to any union ; expired contract, no bar; election
necessary.
Unit Appropriate for Collective Bargaining : all maintenance and production
employees of the Company including storekeepers, but excluding watchmen,
clerical and supervisory help, the shipping clerk, laboratory workers, two
assistant master mechanics, two assistant foremen in the %N ood room, and any
persons having the right to hire or to discharge. -
Mr. P. W. Schinorbach, of Filer City, Mich., for the Company.
Mr. Nicholas C: Vrataric, of Grand Rapids, Mich., for the Toy
Workers.,
Mr. Charles Nelson, of Detroit, Mich., for District 50.
Mr. William J. Topp, of Monroe, Mich., for the Paper Makers.
Mr. Walter Troutman, of Milwaukee, Wis,,, for the Pulp Workers.
A. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition. duly filed by United.Paper, Novelty and Toy Workers
International Union, affiliated with C. I. 0., herein called the Toy
Workers, alleging that a question affecting commerce had. arisen
eoncerning the representation of employees of Filer Fibre Company,`
Filer City, Michigan, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Jerome H. Brooks, Trial Examiner. Said hearing was held at
Manistee, Michigan, 'on August 26, 1942. The Company; the Toy
'Workers; District 50, United Mine Workers of America, herein called
District 50; International Brotherhood of ' Paper Workers, herein
called the Paper Makers; 1 and International Brotherhood of Pulp,
After the hearing, the Paper Makers withdrew it•s claim in favor of the Pulp workers.
.44 N. L. R B:', No. 207. ,
1075
1076 DECISION'S OF NATIOI\TAL ,LABOR RELATIONS BOARD
Sulphite & Paper Mill Workers, herein called the Pulp Workers, ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine 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 FACT
1. THE BUSINESS OF THE COMPANY
Filer Fibre Company, a Michigan corporation, is engaged at Filer
City, Michigan, in the manufacturing and sale of kraft-pulp, kraft-
paper, gum tape, and other paper products. For the year ending
May 31, 1942, the Company purchased, raw materials, consisting of
wood, coal, sodium-sulphite, line,' alum, resin size, and dyes, valued
at approximately $746,000, of which approximately 60 percent, by
value, was shipped from points in States other than the State of
Michigan. During 'the same period the finished products manufac-
tured by the Company were valued at approximately $1,800,000, of
which 90 percent was shipped to customers in States other than the
State of Michigan.
The Company concedes it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS , INVOLVED
United Paper, Novelty and Toy Workers International Union,
C. I. 0.; United Mine Workers of America, District,50; International
Brotherhood of Pulp, Sulphite and Paper Mill Workers, A. F. of L.,
are labor organizations admitting employees of the Company to
membership.
III. THE ' QUESTION CONCERNING REPRESENTATION
On_ June 16, 1942, the Toy Workers, by letter, notified the Company
that it represented ^a majority of the Company's employees and re-
quested recognition as their bargaining representative. The Com-
pany did not answer the letter.
By letters, dated July 14,1942, and July 28,1942, and signed jointly
by their presidents, the Pulp Workers and the Paper-Makers notified
the Company of their desire to terminate an existing joint exclusive
bargaining contract on August 31, 1942, its expiration date, and re-
quested a conference for the purpose of negotiating a new agreement.'
2 The contract is a single instrument entered into by the Company and the two unions
on or about August 31 , 1941. It was to be in effect from August 31 , 1941, to August 31,
1942; and from year to year thereafter , subject to termination by either party on 30 'days'
written, notice given to the other party prior to expiration date.
FILER FIBRE COMPANY 1077
The Company acknowledged receipt of the letters on July 30, 1942,
but it does not appear that any negotiations were carried on between
the unions and the Company after that date.
A statement of the Regional Director, introduced in evidence at the-
hearing, indicates that the Toy Workers and District 50 represent
a substantial number of employees in the unit hereinafter found
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 Act.
Iv. THE APPROPRIATE 'UNIT
The Toy Workers and District 50 contend that all maintenance and
production employees, excluding clerical help, foremen, watchmen,
and any persons having the right to hire or to discharge constitute an
appropriate unit. At the hearing, the Toy Workers amended the peti-
tion, thereby requesting the inclusion of the shipping clerk in the
appropriate unit.
The Pulp Workers contends,that the appropriate unit should' con-
sist of all employees except clerical and supervisory help. This is
substantially the unit covered under the existing joint contract be-
tween the Company and the two A. F. of L. unions, except that the
contract expressly excludes watchmen and certain additional cate-
gories in dispute, which are discussed below.
At the hearing the Paper Makers requested a unit of employees in
the beater room, the finishing room, and the paper machine room, and
the Pulp Workers agreed to the exclusion of such employees from its
proposed unit. After the hearing, the representative of the Pulp
Workers requested the Regional Director of the Seventh Region, by
letter, to extend the claim of unit for representation to include all
workers who were claimed by the Paper Makers. As has been stated,
the Paper Makers has withdrawn from the proceeding in the interest
of the Pulp Workers.
The Company contends that the units established by the contract
are satisfactory and would exclude the following employees : store-
keepers, shipping clerk, and laboratory workers.
3 The Regional Director ' s statement shows that the Toy workers submitted 200 application-
for-membership cards ; 192 were dated in June 1942 and 8 were not dated . One hundred
ninety-nine signatures-appear to be genuine original signatures and 191 of the 199 signa-
tures are names appearing on the pay roll of June 13 , 1942 . This pay roll lists 283 in
the alleged appropriate unit.
District 50 submitted evidence consisting of 135 application -for-membership cards These
cards were dated as follows 69 dated August 18, 19, and 20 , 1942, and 60 not dated. One
bundled thirty signatures appeared to be genuine original signatures , and 110 of the
130 signatures are the names of persons appealing on the Company ' s pay roll of June
13, 1942.
The Paper Makers and the Pulp workers submitted no evidence of representation,
apparently relying upon their contract to establish their interest.
1078 DECISIONS OF NATIONAL . LABOR, , RELATIONS BOARD
Thus there is a disagreement concerning the disposition of several
groups of employees. The first dispute arises over the disposition of
the four watchmen. The Pulp Workers contends that the watchmen
should be included in the unit while the Company , the Toy Workers
and District 50 desire their exclusion . Inasmuch as they were specifi-
cally excluded , under the contract , we shall exclude them.
The Company contends that the shipping clerk, should be excluded,
arguing that his duties are confidential . The shipping clerk supervises
the work-,of four employees, possesses authority to discharge, and to
recommend hiring. He was excluded from the unit under the existing
contract . We shall exclude the shipping clerk.
Storekeepers were included in the unit under the existing contract
but the Company contends their inclusion was brought about by a mis-
understanding between the parties and requests their exclusion. The
Toy Workers contends and the record shows that the stor'ekeepers'
duties are those of ordinary workers and that they possess only slight
supervisory authority. We shall include the storekeepers.
The Toy-Workers contends that 2 assistant master mechanics and
2 assistant foremen in the Wood Room, perform a certain amount
of manual labor, and should be included in the unit . The Com-
pany's representative testified at the hearing that these employees
have the right to discharge and that their recommendations for hiring
are given much consideration . The assistant master mechanics have
crews varying from 20 to 30 men and the assistant foremen have
complete jurisdiction over several employees . These employees were
excluded under the contract . ' We shall exclude the 2 assistant master
mechanics and the 2 assistant foremen in the Wood Room.
We shall similarly exclude chemists and testers , sometimes called
laboratory workers; inasmuch as they were excluded under the exist-
ing contract.
We find that all maintenance and production employees of the,
Company including storekeepers , but excluding watchmen , clerical
and supervisory help, the shipping clerk, laboratory workers, two
assistant master mechanics , two assistant foremen in the Wood Room,
and any persons having the right to hire or to discharge constitute
a single unit appropriate for the purpose of 'collective bargaining
within the meaning of Section 9 (c) of the Act. -
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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.
FILER FIBRE COMPANY 1079
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 Re-
lations 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 authorized by the Board
to ascertain representatives for the purpose of collective bargaining-
with Filer Fibre Company, Filer City, Michigan, 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 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 the employees in the unit found appropriate in Section IV
above,- who were employed during the pay-roll period immediately
preceding the date of this Direction of Election , including em-
ployees 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 em-
ployees who have since quit or been discharged for cause , to deter-
mine whether they desire to be represented by United Paper, Novelty
and Toy Workers International Union, C. I. 0.; by United Mine
Workers, District 50; or by International Brotherhood of Pulp, Sul-
phite & Paper Mill Workers, A. F. of L., for the purposes of collec-
tive bargaining, or'by none.
MR. WM . M. LEIsERsoN took no part in the consideration of the above
Decision - and Direction of Election.