Imperial Paper and Color Corp.

National Labor Relations Board - Board Decisions

Dec 6, 1944

59 N.L.R.B. 734 (N.L.R.B. 1944)

In the Matter Of IMPERIAL PAPER AND COLOR CORPORATION and Dig-
TRICT 50 , CHEMICAL DIVISION , UNITED MINE WORKERS OF AMERICA
Case No. O-R-5023.Decided December 6, 1944
Mr. J. E. Singleton, of Glens Falls, N. Y., and Mr. L. Jackson, of
New York City, for the Company.
Mr. Robert R. Fohl, of Albany, N. Y., Mr. Harold B. Roitman, of
Boston, Mass., and Mr. Clayton Elliott, of Glens Falls, N. Y., for
District 50.
Mr. Stephen M. Estey, of New York City, Mr. Edward Larabee, of
Glens Falls, N. Y., and Mr. TW'illiam. H. Bradt, of Albany, N. Y., for
the Machinists.
Mr. Harry Sacker, by Mr. Samuel Sacher, of New York City, Mr_
Joseph E. Cohen, of Yonkers, N. Y., and Mr. Leo Young, of Glens
Falls, N. Y., for the Production Painters.
Mr. Williams, Rozell, of Glens Falls, N. Y., and Mr. Harry Sather,
by Mr. Samuel Sacker, of. New York City, for the Maintenance Paint-
ers, the Plumbers, and the Carpenters.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND ,
DIRECTION- OF ELECTIONS
STATEMENT OF THE CASE
. Upon separate amended petitions duly filed by United Gas, Coke &
Chemical Workers, C. I. 0., herein called the Chemical Workers,'
and by District 50, Chemical Division, United Mine Workers of Amer-
ica, herein called District" 50,2 alleging that questions affecting com-
merce had arisen concerning the representation of employees of Im-
perial Paper and Color Corporation, Glens Falls, New York, herein
called the Company, the National Labor Relations Board consoli-
dated the cases by an order dated October 19, 1944, and provided for
an appropriate hearing upon due notice before Robert A. Levett. Trial
Examiner. Said hearing was ' held at Glens Falls, New York, on
1 Case No 2-R-4991.
2 Case No 2-R-5023.
59 N. L. R. B., No. 147.
734
IMPERIAL PAPER AND COLOR CORPORATION 735
October 31, 1944. The Company; District 50; Lodge No. 722, Inter-
national Association of Machinists, A. F. L., herein called the Ma-
chinists; Brotherhood of Painters, Decorators & Paperhangers of
America, A. F. L., Local 1063, herein called the Production Painters;
Brotherhood of Painters, Decorators & Paperhangers of `America,
A. F. L., Local 466, herein called the Maintenance Painters; United
Association of Journeymen, Plumbers, and Steamfitters of the United
States and Canada, Local Union 773, A. F. L., herein called the
Plumbers; and United Brotherhood of Carpenters and Joiners of
America, Local 229, A. F. L., herein called the Carpenters, appeared
and participated.3 All parties were afforded full opportunity to be
heard, to examine.and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Production Painters and the Main-
tenance Painters moved at the hearing for a dismissal of the petition
of the Chemical Workers in Case No. 2-R-4991. The Trial Exam-
iner referred this motion to the Board. In view of our action with
respect to the request of the Chemical Workers to withdraw its
petition, it is unnecessary to rule upon this motion. 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 :
FINDING OF FACT
1. THE BUSINESS OF THE COMPANY
Imperial Paper and Color Corporation is a New York corporation
engaged in the manufacture' of pigment colors, chemicals, 'wallpaper,
and- paper at manufacturing plants located in the vicinity of Glens
Falls and Plattsburg, New York. In addition, it maintains ware-
houses and sales offices in principal cities throughout the United
States. We are concerned herein solely with its manufacturing op-
erations in the vicinity of Glens Falls, New York. During the past
calendar year, the Company purchased for use in its manufacturing
operation's raw materials valued in excess of $1,000,000, of which
approximately 90 percent was shipped to the Company from points
outside the 'State of New York. The Company manufactured finished
products during this period valued at more than $1;000,000, of which
90 percent was shipped to points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
,3 The Chemical Workers made no appearance at the hearing By letter dated November
18, 1944, the Chemical workers notified the Regional Office that it desired to withdraw
the petition in Case No 2-R-4991 This request was referred by the Regional Office to
the Board The Board on November 28, 1944. ordered the severance of Case No. 2-R-4991
from Case No 2-R-5023, further ordered that the request of the Chemical Workers to
withdraw the petition in Case No 2-R-4991 be granted, and closed said case.
618683-45-vol 59--48
01
736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
District 50, Chemical Division, United Mine Workers of America,
is a labor organization admitting to membership employees of the
Company.
Lodge No. 722, International Association of Machinists; Brother-
hood of Painters, Decorators & Paperhangers of America, Locals 1063
and 466; United Association of Journeymen, Plumbers, and Steam-
fitters of the United States and Canada, Local Union 773; and United
Brotherhood of Carpenters and Joiners of America, Local 2129, are
labor organizations affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize District 50 as the collective
bargaining representative of certain of its employees. `
For several years, the Company has bargained collectively with the
Machinists, the Carpenters, the Plumbers, the Production Painters,
the Maintenance Painters, and Local Union No. 389, International
Brotherhood of Electrical Workers, affiliated with the American Fed-
eration of Labor, herein called the Electricians.' These relationships
are evidenced by a series of contracts between the Company and each
of these organizations covering the employees in the groups repre-
sented by each. As hereinafter indicated, District 50 seeks separate
units of employees presently, represented by the Production Painters
and the Plumbers, and no others. At the hearing, the Production
Painters and the Plumbers contended that their contracts with the
Company were bars to a current determination of representatives.
However, subsequent to the hearing, these contentions were with-
drawn.5
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that District 50 represents a sub-
stantiaL.number of employees in each of the units it claims' as ap-
propriate."
The employees represented by the Electricians are not involved in this proceeding
By telegrams dated November 15 and 16 , 1944 , respectively , the Production Painters
and the Plumbers notified the Board that they no longer asserted that their contracts with
the Company are bars to this proceeding.
fi The report of the Field Examiner , utilizing only those designations submitted by Dis-
trict 50 which contain the - names of persons appearing on the Company's pay roll for the
period ending September 14, 1944 , is indicated by the following chart :
Unit No. in Unit No. of Designations
A (Production Employees )_________________________ 336 190
B (Plumbers ) ____________________________________ 15 10
The interests . of-the Production Painters , and the Plumbers are ,established liy-the collec-
tive bargaining history of these organizations with the Company and their contracts with
the Company.
IMPERIAL PAPER AND COLOR CORPORATION 737
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 UNITS
District 50 seeks to represent two separate units comprised of the
following groups of .the Company's employees :
A. All production employees in the Color and Chemical Divi-
sion•of the Company in the vicinity of Glens Falls, New York ,°
including yard workers, janitors, watchmen, guards, firemen, and
shipping and receiving employees, but excluding clerical and office
employees, technical and laboratory employees, executives, super-
visory employees, and all other employees of the Company.8
B. All plumbers, plumbers' helpers, steamfitters, and steam-
fitters' helpers of the Company at its Glens Falls plant, excluding
office and clerical employees, executives, supervisory employees,
and all other employees of the Company.9
The Company and the Plumbers agree that the employees in Group B,
supra, comprise an appropriate unit. The Company and the Produc-
tion Painters also agree generally that the employees in Group A,
supra, constitute an appropriate unit. However, the Company would
exclude therefrom four salaried janitors who service the offices and
laboratories, whereas the Production Painters takes no position with
respect to these employees. .
The record indicates that, apart from the facts that these four
employees are salaried and service the offices and laboratories, there
is no essential difference between their duties and working conditions
and those of the janitors assigned to other parts of the Color and
Chemical Division who are included within Unit A. Accordingly, we
shall include all janitors in the Color and Chemical Division within
Unit A.
The parties concerned agree upon the exclusion of all foremen and
subforeinen from both units except for the subforeman of the Barrel
° The Glens Falls plant of the Company consists of approximately 30 buildings which are
de\oted to 3 operations, namely, the manufacturing of pigment colors (which is conducted
in about 20 buildings), chemicals (conducted in several buildings), and wallpaper (pro-
duced in 2 large buildings). These operations are set up by the Company in 2 divisions
One. known=as the wallpaper Division, embraces'all wallpaper operations, and the second,
generally designated as the Color and Chemical Division, covers the production of pigment
colors and chemicals Unit A is confined to the production employees in the Chemical
and Color Division
' The parties agreed at the hearing that all maintenance employees, specifically those
represented by the \rachinists. Carpenters, Plumbers, Maintenance Painters, Electricians,
and Stationary engineers are excluded from this unit.
° This unit is plant-wide.in scope, embracing all,such employees w)'°ther they are engaged
in the wallpaper Division or the Color and Chemical Division
738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Department, the subforemen of the Bichromate and Chronium Oxide
Departments, the foremen of the Napalm Department, and the sub-
stitute foreman of the Finishing Room. The Company, District 50,
and the Production Painters would include these employees within
Unit A. However, it is clear that all these employees possess authority
to make effective recommendations with respect to changes in the
status of their subordinates.10 Accordingly, we shall exclude all fore-
men and subforemen.
We find that the following groups of employees of the Company
in its Glens Falls, New York plant constitute units appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act:
A. All production employees in the Color and Chemical Divi-
sion, including yard workers, watchmen, guards, firemen, ship-
ping and receiving employees, and janitors, whether salaried or
hourly paid, but excluding office and clerical employees, technical
and laboratory employees, executives, foremen, subforemen, all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, and all other
employees of the Company; and
B. All plumbers, plumbers' helpers, steamfitters, and steam-
fitters' helpers, excluding foremen, subforemen, all other super-
visory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees,
or effectively recommend such action, and all other employees of
the Company. ,
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by elections by secret ballot among the employees
in the appropriate units who were employed 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
10 The substitute foreman of the Finishing Room takes the place of the regular foreman
after the latter has completed his shift , and, during this time, possesses the same authority
as,the foreman , whom all parties agree is a supervisory employee
IMPERIAL PAPER AND COLOR CORPORATION 739
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Imperial Paper
,and Color Corporation, Glens Falls, New York, 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 Second Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the units found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the elections, to determine :
1. With respect to the employees in Unit A, whether they desire
to be represented for the purposes of collective bargaining by District
50, Chemical Division, United Mine Workers of America, or by
Brotherhood of Painters, Decorators & Paperhangers of America,
Local 1063, affiliated with the American Federation of Labor, or by
neither of these organizations; and
2. With respect to the employees in Unit B, whether they desire to
be represented for the purposes of collective bargaining by District 50,
Chemical Division, United Mine Workers of America, or by United
Association of Journeymen, Plumbers, and Steamfitters of the United
States and Canada, Local Union 773, affiliated with the American
Federation of Labor, or by neither of these organizations.
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