Marcal Pulp & Paper Co., Inc.,

National Labor Relations Board - Board Decisions

Jan 8, 1946

65 N.L.R.B. 263 (N.L.R.B. 1946)

In the Matter Of MARCAL PULP & PAPER Co., INC., and UNITED,
CONSTRUCTION WORKERS, UNITED MINE WORKERS OF AMERICA
Case No. 0--R-5661.-Decided January 8, 1946
Mr. Oscar Berman, of Paterson, N. J., for the Company.
Messrs. Thomas F. Wilson and Albert L. Grove, both of Newark,.
N. J., for the Construction Workers. -
Messrs. Theodore Wilmot, Jacob Friedland, and Joseph Rispoli, of
Jersey City, N. J., for the Paper Box Makers.
Mr. Joseph Carrella, of Philadelphia, Pa., for the Paper Makers.-
Mr. John A. Nevros, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by United Construction Workers, United
Mine Workers of America, herein called the Construction Workers,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Marcal Pulp & Paper Co., Inc.,
East Paterson, New Jersey, herein called either Marcal or the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before Henry J. Kent, Trial Examiner.
The hearing was held at New York City, on August 7, 1945. The
Company, the Construction Workers, and Paper Box Makers Union
Local #300, affiliated with International Brotherhood of Pulp,
Sulphite and Paper Mill Workers, A. F. of L., herein called the Paper
Box Makers, appeared and participated' All parties were afforded
full opportunity to be heard, to examine and cross- examine witnesses,,
and to introduce evidence bearing on the issues. The Trial Examin-
er'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.
I International Brotherhood of Paper Makers , affiliated with the American Federation of
Labor, herein called the Paper Makers, appeared and participated for the limited purpose
of claiming jurisdiction over some of the employees of the Company, but did not formally
intervene in this pioceeding , because agreement was reached at the hearing with the Paper
Box Makers that any question of jurisdiction would later be settled by the respective inter-
national unions
65 N L. R. B. No. 53.
263
264 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Marcal Pulp & Paper Co., Inc., a New Jersey Corporation, having its
principal office and plant at East Paterson, New Jersey, is engaged in
the manufacture of paper. The Company annually purchases raw ma-
terials valued in excess of $300,000, of which approximately 80 per-
cent is procured from sources outside the State of New Jersey. All the
Company's products are sold to Marcahis Manufacturing Company,
an affiliated corporation, herein called Marcalus, which in turn ships
approximately 80 percent of its finished products to points outside the
State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Construction Workers, affiliated with United Mine Workers
of America, is a labor organization admitting to membership em-
ployees of the Company.
Paper Box Makers Union Local #300, affiliated with the Interna-
tional Brotherhood of Pulp, Sulphite and Paper Mill Workers, A. F.
of L., is a labor organization admitting to membership employees of
the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Construction Workers and the Paper Box Makers agree that the
production and maintenance workers of the Company constitute an
appropriate bargaining unit. The Company contends that in view of
the close integration of its operations with that of Marcalus the ap-
propriate unit should include the employees of both companies.
Both corporations are under common ownership, management, and
control. An interlocking Board of Directors directs and administers
the business operations and policies of both concerns.2 Top super-
vision of both companies is identical.3 The same person hires all
labor for both corporations. Both companies use the same machine
shop, time clock, and office. Marcal processes pulp wood into primary
paper, and Marcalus converts the paper into various paper products
N Marcalus is president and director of both corporations, Robert L Marcalus is vice
president of Marcalus and secretais-treasurer of Maical, and Mildred M. Marcalus is
secretarc-treasurer of Marcalus and assistant secretary-assistant treasurer of Marcal.
3 This includes the general manager, facitory superintendent, general maintenance super-
intendent, administrative manager, director of purchasing and personnel, office manager, and
traffic manager -
MARCAL PULP & PAPER CO., INC. 265
such as paper napkins and toilet tissue. The paper-making machinery
owned and operated by Marcal is located in one of the two adjoining
buildings which comprise the physical facilities of both corporations,
and is on the 'same floor with the machinery owned and operated ' by
Marcalus. There is also considerable interchange of employees be-
tween the two companies. Thus, the production workers of Marcal,
i. e., the paper machine-workers, work for Marcalus about 25 percent
of the time.4 In addition, laborers on the Marcal pay roll work inter'
changeably for both concerns; and the maintenance men on the same
pay roll form part of a single crew which includes employees of both
companies and takes care of all the maintenance work in both build-
ings. Furthermore, the firemen and assistant firemen, who are on the
Marcal pay roll, operate the same boiler for both Marcal and Marcalus,
and there are three watchmen employed by Marcal who function for
both companies.-' The afore-mentioned categories, with the exception
of the watchmen, constitute all the employees included within the
alleged appropriate unit sought by both labor organizations.
There is no history of collective bargaining confined to the unit
sought by the Construction Workers. The only previous bargaining
history consists of a contract between Marcahis and United Paper
Novelty and Toy Workers International Union, C. I. 0., which was
in effect from July 1941 to July 1942. Although signed by Marcalus,
alone, this agreement apparently covered the employees of both Mar-
calus and Marcal. Accordingly, under all the circumstances of the
case, including the integration of the operations of both companies,
and the dual functions and considerable interchange of employees
of both companies, we are persuaded that the proposed unit consti-
tutes a heterogeneous group incapable of precise definition and that it
is therefore inappropriate for the purposes of collective bargaining.
W'e shalt accordingly dismiss the petition.°
Its 7IIE ALLEGED QUESTION CONCERNING REPRESENTATION
Since the bargaining unit sought to be established by the peti-
tion is not appropriate, as found in Section III, above, we find that
no question affecting commerce has arisen concerning the representa-
tion of employees of the Company within the meaning of Section 9 (c)
of the Act.
4 Although a witness for the Construction Workers testified that these employees worked
for Marcalus less than 5 percent of the time, his testimony does not appear to conform
with the facts
5 Marcalus employs no watchman
See Matter of Brown Paper Mill Co , Inc., 58 N L R. B. 283 , Matter of Salmon and,
Cowin, Inc, 59 N L K B 312
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the above findings of fact and the entire record
in the case, it is hereby ordered that the petition for investigation and
certification of representatives of employees of Marcal Pulp & Paper
Co., Inc., East Paterson, New Jersey, filed by United Construction
Workers, United Mine Workers of America, be, and it hereby is,
dismissed.