Kimberly-Clark Corp.

National Labor Relations Board - Board Decisions

Feb 1, 1946

65 N.L.R.B. 747 (N.L.R.B. 1946)

In the Matter of KIMBERLY- CLARK CORPORATION and PAPER WORKERS
ORGANIZING COMMITTEE , C. I. O.
Case No. 18_R_13 , &-Decided February 1, 1946
Shaw, Muskat , and Paulson , by Mr. F. H. Prosser , of Milwaukee,
Wis., Mr. M. H. Kettenho f en, of Neenah , Wis., and Mr. R. J . Wells,
of Niagara , Wis., for the Company.
Mr. Kempton A. Williams , of Detroit , Mich., and Mr. Frank
Thierens , of Niagara , Wis., for the C. I. O.
Cllr. J. Lyle Kallenbach and Mr. Elmer Bowman, of Niagara, Wis.,
for the Independent.
Mr. Elmer P. Heinz and Mr. Walter Trautmann , of Appleton, Wis.,
for the Pulp Workers.
Mr. Arthur E. Pinton , of Appleton , Wis., for the Paper Makers.
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition filed by Paper Workers Organizing Committee,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Kimberly-Clark Corporation, Niagara, Wisconsin, herein called the
Company, the National Labor Relations Board provided, for an ap-
propriate hearing upon due notice before Clarence A. Meter, Trial Ex-
aminer. The hearing was held at Niagara, Wisconsin, on October 12,
1945. The Company, the C. I. 0., Paper Mill Workers Union, herein
called the Independent, and International Brotherhood of Paper
Makers (A. F. L.), herein called the Paper Makers, jointly with
International Brotherhood of Pulp, Sulphite & Paper Mill Workers
(A. F. L.), herein called the Pulp Workers, appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
65 N. L. R B., No. 122.
747
748 DECISICNS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. TILE BUSINESS OF THE COMPANY
J
Kimberly -Clark Corporation is a Delaware corporation which oper-
ates paper mills in the States of Wisconsin and- New York. Its
Niagara, Wisconsin , plant is the only plant involved in this proceeding.
The Company is engaged in the manufacture of wood pulp , paper, and
paper specialties . Each month during 1944 , the Company purchased
raw materials amounting to more than $200,000 in value, of which 85
percent was shipped from sources outside the State of Wisconsin. For
the same periods , the Company sold finished products amounting to
more than $420 ,000 in value , of which 65 percent was shipped to points
outside the State.
The Company admits that it is engaged in commerce , within the
meaning of the National Labor Relations Act.
II. TILE ORGANIZATIONS INVOLVED
Paper Workers Organizing Committee is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
Paper Mill Workers Union of Niagara, Wisconsin, is a, labor organ-
ization, admitting to membership employees of the Company.
International Brotherhood of Paper Makers and International
Brotherhood of Pulp, Sulphite and Paper Mill Workers are labor
organizations affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter to the Company dated August 28, 1945, the C. I. O. re-
quested recognition as the exclusive bargaining representative of the
Company's production and maintenance employees. The Company
refused to grant such recognition until the C. I. O. had been certified
by the Board in an appropriate bargaining unit.
The Company has been bargaining with the Independent concerning
its employees at the Niagara plant, since March 1941. On February
21, 1944, pursuant to a Board directed election,' the independent was
certified as bargaining agent for the Company's production and main-
tenance employees at this plant. There is currently in effect between
the Company and the Independent a, contract covering these employees,
which was entered into on September 29, 1945, after the C. I. O.'s re-
I Matter of Kimberly-Clark Corporation , 54 N. L R B 601
• KIMBERLY-CLARK CORPORATION 749
quest for recognition. Neither the. Company nor the Independent
urges the contract as a bar to this proceeding.
A statement of a Field Examiner of the Board, introduced in evi-
dence at the hearing, indicates that the C. I. O. represents a substantial
number of employees in the unit hereinafter found appropriate.2
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
We find, in accordance with a stipulation of the parties, that all
hourly paid production and maintenance employees employed at the
Company's Niagara, Wisconsin, plant, excluding clerical employees,
technical employees, executives, departmental superintendents, tour
foremen, super-calendar foremen, and any other supervisory employ-
ees with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec
tive bargaining within the meaning of Section 9 (b) of the Act.3
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees 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 Direction.
DIRECTION OF ELECTION
By virture 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
DIRECTED that, as part of the investigation to ascertain represen-
tatives for the purposes of collective bargaining with Kimberly-Clark
2 The Field Examiner reported that the C. I. O. submitted 214 authorization cards, 140
of which bore names of persons in the alleged appropriate unit , listed on the Company's
pay roll of September 1, 1945 The pay roll listed 492 employees in the unit.
The Paper Makers and Pulp Workers , jointly , submitted 102 authorization cards, 92 of
which bole names of persons on the pay roll
The Independent relies upon its contract with the Company to establish its interest in
the proceeding
3 This unit is substantially the same as the unit which was found appropriate by the
Board in [Platter of Krmbeihl-Clark Corporation, 54 N L R h 601, and which is covered
in the current contract between the Company and the Independent
750 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Corporation, Niagara, 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 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 employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of
the election, to determine whether they desire to be represented by
Paper Workers Organizing Committee, C. 1. 0.; by Paper Mill Work-
ers Union; by International Brotherhood of Paper Makers (A. F. L.)
and International Brotherhood of Pulp, Sulphite and Paper Mill
Workers (A. F. L.), jointly; for the purposes of collective bargain-
ing, or by none of these organizations.