Jackson Box Co.

National Labor Relations Board - Board Decisions

Dec 9, 1944

59 N.L.R.B. 808 (N.L.R.B. 1944)

In the Matter Of JACKSON Box COMPANY and Box MAKERS INDEPEND-
ENT UNION, No. I
Case No. 18-R-1093.-Decided December 9, 1944
Mr. Gilbert H. Berndt, of Black River Falls, Wis., for the Com-
pany.
Mr. Charles F. Dell, of Black River Falls, Wis., for the Independent.
Mr. Walter Jensen, of Madison, Wis., for the Carpenters.
Mr. David P. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Box Makers Independent Union. No.
1, herein called the Independent, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Jackson Box Company, Black River Falls, Wisconsin, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Francis X. Helgesen,
Trial Examiner. Said hearing was held at Black River Falls, Wiscon-
sin, on October 10, 1944. The Company, the Independent, and United
Brotherhood of Carpenters and Joiners, Local Union No. 3164, herein
called the Carpenters,' appeared; participated, and were afforded
full opportunity to be heard, to examine and' cross-examine witnesses,
and to introduce evidence bearing on the issues. The Carpenters
moved at the hearing for a dismissal of the petition. This motion
was referred by the Trial Examiner to the Board. For reasons
stated in Section III, infra, the motion is denied. - 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 :
' The record indicates that United Brotherhood of Carpenters and Joiners , Local Union
No '1264 , which had previously been designated as the collective bargaining representative
of the employees involved herein , is the same organization as the Carpenters herein.
59 N. L. R B., No. 163.
808
JACKSON BOX COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
809
Jackson Box Company, a Wisconsin corporation maintaining a
plant and offices at Black River Falls, Wisconsin, is engaged in the
manufacture and sale of boxes and crates. During the calendar year
1943, the Company purchased approximately 30 percent of the raw,
material used at its Black River Falls operations from points outside
the State of Wisconsin. These purchases were valued at approxi-
mately $165,000. During the same period, about 60 percent of the total
sales of the Company was made to points outside the State of Wis-
consin. Such sales were valued at approximately $420,000.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Box Makers Independent Union, Local No. 1, is an affiliated labor or-
ganization, admitting to membership employees of the Company.
United Brotherhood of Carpenters and Joiners, Local Union No.
3164, is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. TI-E QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Independent
as the exclusive bargaining representative of certain of its employees
until the Independent has been certified by the Board in an appropri-
ate unit.
In 1940, subsequent to an election held under the auspices of the
Wisconsin Employment Relations Board, herein called the Wisconsin
Board, the Company recognized the Independent as the collective bar-
gaining representative of its factory and sawmill employees, herein
referred to collectively as the plant employees .2 4On July 13, 1942,
after a consent election held under Board auspices 3 among "all produc-
tion and maintenance employees of the Company," 4 the Carpenters
was'designated as their collective bargaining representative.
Since its designation, the Carpenters unsuccessfully has endeavored
to obtain a written collective bargaining agreement with the Company.
It held several meetings with the Company in 1942. In January 1943,
a conciliator was called in to adjust the differences between the parties,
but no contract resulted from the conferences which ensued. In March,
2 Although the unit in which the election was conducted was not set forth, it is clear
from the record that only the plant employees participated in the election.
2 Case No 12-R-502.
Here, too, the record is clear that only'the plant employees participated in the election.
I
810 DECISIONS OF NATIONAL LABOR RELATIONS BOARD "
certain differences between the parties were submitted to a panel of
the National War Labor Board, and, on July 26, a directive was issued
by this body, effective as of August 9.5 The Carpenters, subsequent
,to the issuance of the directive, renewed its attempts to obtain a written
agreement from the Company, and several meetings were held between
the parties during the remainder of the year 1943. These attempts
continued through July 24, 1944, but no written collective bargaining
agreement was consummated. Prior to that date, the Company had
indicated its belief that the Carpenters no longer represented a ma-
jority of its employees, and that the Independent would soon request a
redetermination with respect to the bargaining agent. However, on
July 24, pursuant to the suggestion of another conciliator who had
been called in, the Company executed an agreement with the Carpen-
ters providing in effect, that if the Independent did not file a repre-
sentation petition with either the Board or the Wisconsin Board by
August 9, the Company would "proceed to negotiate" with the Car-
penters. On August 10, the parties reached a tentative understanding,
although the Company indicated at that time that any agreement would
be of no use since the Company had been informed 'that the Inde-
pendent was in the process of filing a representation petition.° At
this meeting, the Carpenters sought to include the woods crew within
the collective bargaining unit, but the Company refused to agree. On
August 10, the Carpenters submitted another proposal to the, Company,
and on August 23, the Company submitted counterproposals to the
Carpenters. The Carpenters did not reply but, instead, again re-
sorted to the National War Labor Board. On October 4, the "refusal
of the Company to renegotiate contract 7 with Union" was certified to
that Board, and is still pending before it.8
As previously indicated, the Carpenters moved at the hearing for
the dismissal of the instant petition. This motion is based upon the
ground that a dispute between the parties is currently before another
governmental agency. This fact, alone, is insufficient to warrant a
dismissal of the proceeding.° Nor can it be said that the doctrine of
the Allis-Chalmers 10 case is applicable to the facts in this proceeding.
That case stands solely for the principle that a newly recognized or
certified representative is entitled to a reasonable opportunity to ob-
tain the benefits of representation, as evidenced by a collective bar-
Case No. 111-491-D.
° The petition in the instant case was filed on August 17, 1944.
' The Carpenters adduced evidence to the effect that, failing to obtain a written con
tract from the Company, it considered the directive of July 27, 1943, as the original
"contract."
° Case No 111-11272-D.
0 Matter of Fort Dodge Creamery Company, 53 N. L. R. B . 928, and cases cited therein.
X10 Matter of Allos-Chalmers Manufacturing Company, 50 N. L. R. B. 306.
JACKSON BOX COMPANY 811
gaining contract, and that where delay in obtaining such contract is
caused by resort to the orderly processes of governmental agencies, the
Board will,not proceed with a new investigation and determination of
representatives. In the instant case, the Carpenters is not a newly
recognized or newly certified representative. Furthermore, it had
already had recourse to the processes of another governmental agency,
and had obtained therefrom a determination with respect to all issues
submitted to that agency. The failure of the Carpenters to obtain a
written collective bargaining agreement from the Company can in no
wise be traced to delay caused by proceedings before another govern-
mental agency. On the contrary, it would appear from the record
that the Carpenters claims, in substance, that its failure to obtain a
written contract was due, rather, to the Company's lack of good faith
in negotiating with it. However, the Carpenters did not file a charge
alleging that the Company refused to bargain within the meaning
of Section 8 (5) of the Act, and consequently the matter is not properly
before us in the instant representation proceeding.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Independent and the Car-
penters each represents 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 Independent seeks a unit comprised of all -plant employees of
the Company, excluding clerical and supervisory employees, a unit
which the Company agrees is proper. The Carpenters contends that
all employees of the Company, including employees of the woods gang,
but excluding clerical and supervisory employees, is the appropriate
unit, thus raising as an issue the inclusion of the employees in the
woods gang.
The Board has frequently differentiated between plant employees
and logging crews, and has refused in some instances, despite conten-
tions to the contrary, to find that the two groups constitute a single
appropriate unit 12 It is evident from the record that the woods gang
was never historically part of the bargaining unit. The Independent,
during its period as representative, never bargained for the employees
" The Field Examiner reported that the Independent submitted 50 designations and that
there are 90 employees in the unit it alleges to be appropriate.
He further reported that the Carpenters submitted 56 designations and that the unit
which it contends to be appropriate contains 116 employees.
22 See, e. g., Matter of Union Lumber Company, 53 N. L. R. B. 567.
812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in this group, and the Carpenters has not attempted to do so until
comparatively recently.13 These employees did not participate either
in the election of 1940 'or that of 1942, nor were they included among
the employees affected by the directive of July 7, 1943. Under these
circumstances, particularly the history of collective bargaining with
the Company, we shall exclude them 14 - '
A dispute exists between the Carpenters on the one hand, and the
Independent and the Company on the other, with respect to the alleged
supervisory status of, certain millwrights employed by the Company.
The Carpenters contends that Carl Leitzke, Albert Montay, and
Richard Dalby are supervisory employees and should be excluded,
whereas the Company and the Independent contend to the contrary.
Carl Leitzke is an hourly paid worker who, in addition to his duties
as a millwright, is in charge of the wire bound room. In his latter
capacity, he directs the work of approximately 7 to 14 employees and
has authority to make effective recommendations with respect to their
status. We find, Leitzke to be a supervisory employee and we shall
exclude him.
Albert Montay at times directs the work of approximately three
other millwrights. However, lie receives the same wages as they, and
no evidence was adduced which indicates that he possesses authority to
make effective recommendations with respect to their status. We find
Montay to be a non-supervisory employee, and we shall include him.
R ;chard Dalby is assigned to the maintenance and repair of trucks.
He has authority to prevent the use of the trucks when, in his opinion,
they are not-in proper condition ; however, other than that, he has
none of the indicia of a supervisory employee 15 We shall, include
Dalby. . I I
We find that all factory and sawmill employees of the Company,16
but excluding clerical employees 17 and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action '18 constitute a unit appropriate, for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
13 There is evidence that the Carpenters attempted on two occasions to prosecute griev-
ances on behalf of employees in the woods gang. However, such evidence alone is insuffi-
cient to warrant a finding that the woods gang has been included within the collective
bargaining unit.
14 Our exclusion , however, is without prejudice to the entertainment of a petition alleging
that these employees comprise a separate appropriate unit.
is The record discloses that he occasionally directs the work of employees assigned to
loading kilns , but it fails to indicate that he possesses authority to make effective recom•
mendations regarding the status of these employees.
1e llontay and Dalby are deemed included.
17 The assistant timekeeper and the stenographer are included within this category.
>s Leitzke and the salaried foremen are included within this category.
JACKSON BOX COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
813
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 Election
herein, subject to the limitations and additions set forth in the Direc-
tion.19
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
lelations Board Rules and Regulations-Series 3, as amended, it is
hereby -
DIrECTED that, as part of 'the investigation to ascertain representa-
tives for the purposes of collective bargaining with Jackson Box Com-
pany, Black River Falls, Wisconsin, 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 Eighteenth 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 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, including employees who did
not work during said pay-roll period because they were ill or on vaca-
tion 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 dis-
charged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether they desire to be repre-
sented by Box Makers Independent Union No. 1, or by United
B_otherhood of Carpenters & Joiners of America, Local 3164, A. F.
of L., for the purposes of collective bargaining, or by neither.
19 The Independent desires to be designated upon 'the ballot as "Box Makers Independent
Union No 1" and the Carpenters requests that it be designated thereon as "United Brother-
hood of Carpenters & Joiners of America , Local 1264 , A. F. of L. " These requests are
hereby granted.