Scott Paper Co.

National Labor Relations Board - Board Decisions

Dec 7, 1945

64 N.L.R.B. 1236 (N.L.R.B. 1945)

In the Matter of SCOTT PAPER COMPANY, CUT RITE DIVISION and
HUDSON COUNTY PRINTING PRESSMEN AND ASSISTANTS' UNION,
LOCAL 183
Case No. 2-R-5766.-Decided December 7,1945
Mr. N. Louis Paladeau, Jr., by Mr. Johns F. Lynch, Jr., Jersey City,
N. J., for the Company.
Messrs. Maurice Brady, K. Slade, and Walter T. Kelly, of Jersey
City, N. J., and Mr. Edwin L. Buck, of New York City, for the
Pressmen.
Mr. Benj. E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Hudson County Printing Pressmen and
Assistants' Union, Local 183, herein called the Pressmen, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Scott Paper Company, Hoboken, New Jersey,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Henry J.
Kent, Trial Examiner. The hearing was held at Jersey City, New Jer-
sey, on July 30, 1945. The Company and the Pressmen 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 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.
Upon the entire record in the case the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Scott Paper Company, a Pennsylvania corporation , is engaged in
the manufacture and converting of paper products. The plant in-
' Although it was served with Notice of Hearing , General Warehousemen 's Local 892,
International Brotherhood of Teamsters, Chauffeurs and Warehousemen , A. F. of L ., herein
called the Teamsters, did not appear and participate in the proceeding
64 N. L . R. B., No. 206.
1236
SCOTT PAPER COMPANY, CUT RITE DIVISION 1237
volved herein, the Company's Cut Rite Division, is located at Hoboken,
New Jersey. During the past 12 months, the Company has purchased
raw materials valued in excess of $1,000,000, approximately 90 percent
of which was obtained from points outside the State of New Jersey.
During the same period, the Company's finished products exceeded
$1,000,000 in value, approximately 75 percent of which was shipped to
points outside the State of New Jersey.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Hudson County Printing Pressmen and Assistants' Union, Local
183, is a labor organization, affiliated with the International Printing
Pressmen and Assistants' Union, A. F. of L., admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Pressmen
as the exclusive bargaining representative of certain of its employees
until the Pressmen has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Pressmen represents a substantial number
of employees in the unit alleged to be appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT ; TIIE DETERMINATION OF REPRESENTATIVES
The Pressmen seeks a unit comprising all pressmen of the Com-
pany. The Company maintains that only a plant-wide unit is
appropriate.
For use in labeling its finished products, the Company employs
three pressmen and two assistants who operate its printing press.
Since 1938, the pressmen and the remaining production employees
of the Company have been represented in a plant-wide unit by the
Teamsters.3 Early in 1945, however, the pressmen took steps to iden-
tify themselves as a separate group. The Teamsters raise no op-
2 The Field Examiner reported that the Pressmen submitted five cards , bearing the names
of five employees in the unit sought and listed on the Company' s pay roll of July 16, 1945,
and that the cards aic dated march 1945.
There are approximately five employees in the alleged appropriate unit.
3 The International Association of Machinists, A. F. of L., has represented the
maintenance employees since 1938.
1238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
position to the separation of the pressmen from the unit they
currently represent.
Although the Board normally accords great weight to the history of
collective bargaining in its determination of the appropriate unit, in-
asmuch as the Teamsters are agreeable to the requested separation
of the pressmen, we are of the opinion that the pressmen may con-
stitute either a separate bargaining unit or remain part of the
existing plant-wide unit 4 We shall, therefore, make no present
determination of the appropriate unit, but shall reserve such finding
pending the results of the election hereinafter directed to ascertain
the desires of the pressmen themselves. We shall direct that an
election by, secret ballot be conducted among all the Company's
riressmen and assistant pressmen, excluding all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Election, subject
to the limitations and additions set forth therein, to determine
whether or not they desire to be represented by the Pressmen. As
previously indicated, upon the results of the election hereinafter
directed will depend, in part, our determination of the appropriate
unit. If the employees select the Pressmen as their bargaining rep-
resentative, they shall constitute a separate appropriate unit; other-
wise they shall remain part of the plant-wide production unit pres-
ently represented by the Teamsters.
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 Relations 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 representa-
tives for the purposes of collective bargaining with Scott Paper
Company, Hoboken, New Jersey, an election by secret ballot shall be
conducted as early as possible, but not later than sixty (60) 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 Regulations, among employees
in the voting group described in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this Di-
rection, including employees who did not work during said pay-roll
'4 See Matter of Pfoeai'c Manufacturing Company , 64 N. L R. B . 472, and cases cited
therein.
SCOTT PAPER COMPANY, CUT RITE DIVISION 1239
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 election to, determine
whether or not they desire to be represented by Hudson County Print-
ing Pressmen and Assistants' Union Local 183, affiliated with the Inter-
national Printing Pressmen and Assistants' Union of North America,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining.