Individual Drinking Cup. Co., Inc.

National Labor Relations Board - Board Decisions

Dec 31, 1952

101 N.L.R.B. 1751 (N.L.R.B. 1952)

INDIVIDUAL DRINKING CUP CO., INC. 1751
2. American Newspaper Guild, C. I. 0., is a labor organization within
the meaning of Section 2 (5) of the Act.
3. Gazette Publishing Company has not engaged in unfair labor practices as
alleged in the complaint within the meaning of Section 8 (a) (1), (3), and (5)
of the Act.
[Recommendations omitted from publication in this volume.]
INDIVIDUAL DRINKING CUP CO., INC' and UNITED PAPERWORKERS:OF
AMERICA, CIO, PETITIONER. Case No. 21-RC-2780. December 31,
1952
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Martin Zimring, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
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 organizations involved claim to represent employees
of the Employer.
3. No 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, for the following
reasons:
The Petitioner seeks a unit of production and maintenance em-
ployees at the Employer's plant in Anaheim, California. The Em-
ployer and the Intervenor, Printing Specialties & Paper Products
Union No. 388, AFL, contend that no election should be directed at
this time as the Anaheim plant, which was acquired by the Employer
in March 1952, has not yet employed a representative complement of
employees.
The Employer, a wholly owned subsidiary of the Dixie Cup Com-
pany, is engaged in the manufacture of assorted paper lids and con-
tainers. At the time of the hearing, the plant was operating at 25
percent of its anticipated potential, and contained 45 percent of the
machinery which the Employer will utilize when full production is
reached. The balance of the machinery has been ordered, and delivery
is expected in about May 1953. Due to the lack of these machines,
and the necessity for training new personnel to perform the various
I The Employer's name appears as amended at the hearing.
101 NLRB No. 252,
1752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
production processes, operations at the plant have been confined to
training activities and to limited production of one type of paper cup
in the course of the training program.
It appears that 60 out of a proposed complement of 170 employees in
the unit sought are now employed at the plant. Of the 60 present erQ-
ployees, 11 were recruited from various plants of the parent company
to train Anaheim personnel, with the understanding that when the
training phase was concluded they could return to their original
places of work. Some of these 11 individuals, who apparently possess
supervisory authority in their regular positions, are temporarily en-
gaged in production work at the Anaheim plant. Other personnel at
the Anaheim plant perform dual functions in different job classifica-
tions, some of which would be included in the requested unit while
others would not. It further appears that only 18 of the proposed 32
job classifications are currently filled, that 37 of the anticipated 150
machine shifts are in operation, that 2 of the contemplated 3 shifts
are now staffed, and that no appreciable expansion in personnel or
production will be made until the remainder of the machinery is
received.
On the basis of the foregoing, and the entire record, we conclude
that the petition herein was prematurely filed, as the present number
of employees in the proposed unit is not representative of the group
which will ultimately be employed. We shall therefore dismiss the
petition.2
Order
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby is,
dismissed.
MEMBER HOUSTON took no part in the consideration of the above
Decision and Order.
8 See Westinghouse Electrio Corporat ion, 85 NLRB 1519.
LOWNSBURY CHEVROLET COMPANY and OFFICE EMPLOYEES INTER-
NATIONAL UNION, LOCAL 19, AFL, PETITIONER . Case No. 8-RC-
1802. December 31,1952
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 Edward A. Grupp, hearing
101 NLRB No. 243