Texas Corrugated Box Co.

National Labor Relations Board - Board DecisionsSep 16, 1938

8 N.L.R.B. 1131 (N.L.R.B. 1938)

In the Matter of TEXAS CORRUGATED Box COMPANY 1 and INTERNA- TIONAL BROTHERHOOD OF BOOKBINDERS, LOCAL 98 Cases Nos. 8-858 and C-741.Decided September 16, 1938 Corrugated and Fiberboard Bo,v Manufacturing Industry-Settlement : stipula- tion prosiding for reclassification and back pay-Investigation of Representa- tives: agreement for election-Election Ordered Mr. L. N. D. Wells; Jr., for the Board. Cobbs, Logan, Roos & Armstrong, by Mr. George B. Logan, of St. Louis, Mo., for the respondent. Mr. L. S. Lane, of Fort Worth, Texas, for the Union. Mr. Ivar Peterson, of counsel to the Board. DECISION ORDER AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 9, 1938, International Brotherhood of Bookbinders, Local 98, herein called the Union, filed with the Regional Director for the Sixteenth Region (Fort Worth, Texas) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Texas Corrugated Box Company, Incorporated, Dal- las, Texas, herein called the respondent, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Prior to May 7, 1938, the Union filed with the Regional Director charges alleging that the respondent had engaged in and was engaging in unfair labor practices within the meaning of the Act. On May 7, 1938, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and- Regulations- Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate 1 So designated in the order directing an investigation It appears that the correct name of the respondent is Texas Corrugated Box Company , Incorporated. 8 N. L R. B , No. 139 1131 1132 NATIONAL LABOR RELATIONS BOARD hearing upon due notice, and acting pursuant to Article III, Section 10 (c) (2), and Article II, Section 37 (b), of said Rules and Regula- tions, ordered that the representation proceeding and the proceeding in respect to the alleged unfair labor practices be consolidated for the purpose of hearing. On May 18, 1938, the Union filed with the Regional Director amended charges alleging that the respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8 (1), (3), (4), and (5) and Section 2 (6) and (7) of the Act. On May 24, 1938, the Board, by the said Regional Director, issued its complaint alleging that the respondent had engaged in and was engaging in the unfair labor practices set forth in the amended charge. A copy of the complaint, accompanied by a notice of hearing thereon, and a copy of a notice of hearing in the representation proceeding were duly served upon the respondent and upon the Union. On June 10, 1938, the respondent filed its answer in which it admitted the allegations of the complaint relating to the nature of the respond- ent's business, but denied that it had engaged in the unfair labor practices alleged in the complaint. Pursuant to the notices, a hearing was held on June 23, 1938, at Dallas, Texas, before Ernest R. Strempel, the Trial Examiner duly designated by the Board. The Board and the respondent were repre- sented by counsel, and the Union by an authorized representative. All participated in the hearing. Upon motion of counsel for the Board, the Trial Examiner allowed amendment of the complaint by striking therefrom the allegations that the respondent had engaged in and was engaging in unfair labor practices, within the meaning of Section 8 (5) of the Act. Immediately thereafter, a stipulation dated June 15, 1938, signed by all parties and effecting a settlement of the consoli- dated cases was accepted in evidence and, with the consent of all the parties, was made a part of the record. It was agreed, however, by all parties that paragraph 5 of the stipulation should be considered deleted in its entirety.2 Thereupon the'hearing was closed. On July 8, 1938, the Board' duly issued its order approving the stipulation with the exception of paragraph 5 thereof and pursuant to Article III, Section 37, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered that the proceedings be transferred to and continued before the Board for the purpose of entry of a decision, order, and direction of election. 2 Paragraph 5 of the stipulation provides as follows . The International Brotherhood of Bookbinders , Local 98, hereby agrees to dismiss those portions of the charge heretofore referred to which concern any allegation of refusal to bargain collectively , in violation of Section 8, subsection ( 5), of the National Labor Rela- tions Act, and the National Labor Relations Board by its attorney hereby agrees to dismiss from the complaint heretofore referred to any allegations of refusal to bargain collectively in violation of section 8 (5), of the National Labor Relations Act.' DECISIONS AND ORDERS 1133' The stipulation, as agreed upon by the parties and as approved by the Board, provides as follows : STIPULATION Amended charges having been filed with the Regional Director for the Sixteenth Region of the National Labor Relations Board by the International Brotherhood of Bookbinders , Local 98, on May 18, 1938 ; the National Labor Relations Board, hereinafter called the Board, by Edwin A. Elliott , the Regional Director for the Sixteenth Region, having duly issued and served its complaint .dated May 24, 1938 , against the Texas Corrugated Box Company, Inc., hereinafter called the respondent, alleging that the respond- ent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 , subsections (1), (3), (4) and ( 5), and Section 2, subsections (6) and (7), of, the National Labor Relations Act, herein called the Act; and the respondent having on June 10, 1938 , filed its answer in this cause; and the International Brotherhood of Bookbinders , Local 98, on April 9, 1938 , having filed with the National Labor Relations Board a petition for investigation and certification pursuant to Section 9 ( c) of the National Labor Relations Act; and the Na- tional Labor Relations Board on May 7, 1938, having issued an order directing investigation of the question concerning repre- sentation and consolidating the complaint and representation cases; It is hereby stipulated and agreed by and between the under- signed parties to this proceeding , subject to the approval of the National Labor Relations Board, that 1. The respondent withdraws its answer to the complaint, which answer is dated June 10, 1938, and hereby admits the allegations of paragraphs 1, 2, and 15 of said complaint.3 2. It is hereby stipulated and agreed : (a) That a question affecting commerce within the meaning of the National Labor Relations Act has arisen among the em- ployees of the Texas Corrugated Box Company, Inc.; s Paragraph 1 of the complaint stated the corporate existence of respondent and the nature of its business; paragraph 2 alleged that a large part of the raw materials used by respondent were purchased and transported in interstate commerce from and through States other than the State of Texas, and that respondent caused its manufactured prod- ucts to be sold and shipped in interstate commerce from its plant in Dallas , Texas. Para- graph 15 alleged that the unfair labor practices enumerated in the complaint, occurring in connection with the operations of the respondent, have a close , intimate and substantial relation to trade, traffic and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commeice 1134 NATIONAL LABOR RELATIONS BOARD (b) That all production employees, exclusive of supervisory, clerical and office personnel, constitute a unit appropriate for purposes of collective bargaining within the meaning of Sec- -tion 9 (b) of the National Labor Relations Act; (The particu- lar persons included in the unit are named in the attached in- strument marked Exhibit A, which is hereby made a part of this stipulation.) (c) That the Board shall direct an election to be held within sixty (60) days among those employees aforementioned to de- termine whether or not they wish to be represented for the purposes of collective bargaining by the International Brother- hood of Bookbinders, Local 98. 3. It is expressly agreed and consented by all the parties to this proceeding that the National Labor Relations Board may enter a cease and desist order in this cause to the following effect : The respondent shall: (1) Cease and desist from in any manner interfering with, restraining or coercing its employees in the exercise of their rights to self -organization, to form, join, or assist labor organ- izations, to bargain collectively through representatives of their own choosing, and to engage in concerted' activities for the pur- l poses of collective bargaining or other mutual aid or protection as guaranteed under Section 7 of the National Labor Relations Act. (2) Cease and desist from making to respondent's employees any anti-union statements of any character. (3) Cease and desist from discriminating against C. B. Ollar or any other employee because of his membership in or activi- ties in behalf of the International Brotherhood of Bookbinders, Local 98. (4) Cease and desist from in any manner inducing, causing or allowing its supervisory or other employees to interfere with, restrain or coerce its employees in the exercise of their rights guaranteed in Section 7 of the Act and from discouraging by any means membership in the International Brotherhood of Bookbinders, Local 98, or any other labor organization of its employees' choosing. (5) Take the following affirmative action to effectuate the policies and purposes of the National Labor Relations Act : (a) Post notice in conspicuous places in its plant in the city of Dallas, Texas, stating that it will cease and desist in the manner aforementioned; (b) Inform all of its officials and agents, including super- intendents, foremen and other supervisory employees, that DECISIONS AND ORDERS 1135 they shall not in any manner approach employees concerning the question of their labor affiliation or threaten employees in any manner because of their membership in any labor organi- zation in general or the International Brotherhood of Book- binders, Local 98, in particular; (c) Offer to C. B. Ollar immediate and unconditional re- classification to a wage rate of 45 cents an hour without prejudice to any rights and privileges previously enjoyed by him; (d) Make whole C. B. Ollar by paying to him a sum of money equal to that difference between 43 cents per hour wage rate which he drew following January 3, 1938, and the 45 cent rate to which he is being restored, the said sum being $22.08. 4. By this stipulation the parties further agree and expressly consent to the entry by the Fifth Circuit Court of Appeals of an enforcement, order embodying the terms of the Board order agreed to above, and the parties hereby waive further notice of the application for such enforcement order. EXHIBIT A G. C. Moore Elmer Davis J. P. Hargrove A. L. Trobaugh C. K. Stowers A. Berry E. C. Herrin John Stanley H. R. Williamson Roy Stanley J. T. Stowers C. E.'Ollar W. M. Smith Raymond Webb Jack Willis W. H. Smith Roy Rogers Joe Beard L. D._ Beard C. L. Williamson H. N. Bryant G. M. Carroll E. E. Calvert H. P. Waits C. B. Rogers R. L. Strifley Delbert Low C. B. Ollar Wm. Eslick Walter Martin Dan Nix E. T. Williamson H. M. Marsh R. T. Watts S. W. Butler J. M. Stowers Ross Berry Dewey Carter Harry Hamilton Walter Rich R. A. Wooldridge Carl Marsh Nolen Wooldridge Jewell Jordan Mamie, Reeder Dora Bridges 1136 NATIONAL LABOR RELATIONS BOARD Ethel Ware Cloteal Putnam Mabel Shelton Daisy Severance Ida Smith Fronia Shuster Della Devereaux Beulah Morgan Maggie Landeau Hazel Wellborn Arma Harrison Georgia Davis Milbren Roach Upon the basis of the stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Texas Corrugated Box Company, Incorporated, of Dallas, Texas, a corporation organized and existing under and by virtue of the laws of the State of Texas,- with its principal place of business in Dallas, Texas, is engaged in the manufacture, sale, and distribution of corru- gated and fiberboard boxes. A large part of the raw materials used in the manufacture of its products are purchased by respondent and shipped to it from and through States other than the State of Texas. The products manufactured by respondent are sold and transported to States other than the State of Texas. We find that the above-described operations of the respondent con- stitute a continuous flow of trade, traffic, and commerce among the several States. II. THE ORGANIZATION INVOLVED International Brotherhood of Bookbinders, Local 98, is a labor organization affiliated with the American Federation of Labor, admit- ting to membership production employees of the respondent. - III. THE APPROPRIATE UNIT We find that the production employees of the respondent, exclusive of supervisory, clerical, and office personnel, constitute an appropriate unit for the purposes of collective bargaining in the respondent's plant and that such a unit will insure to the employees the full benefit of their right to. collective bargaining and otherwise effectuate the poli- cies of the Act. ORDER On the basis of the above findings of fact and stipulation and pur- suant to Section 10 (c) of the National Labor Relations Act, the Na- tional Labor Relations Board hereby orders that the respondent, Texas Corrugated Box Company, Incorporated, Dallas, Texas, and its officers, agents, successors, and assigns, shall: DECISIONS AND ORDERS 1137 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through rep- resentatives of their own choosing, and to engage in concerted activi- ties, for the purposes of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the Act; (b) Making to its employees any anti-union statements of any character; (c) Discriminating against C. B. Ollar or any other employee because of his membership in or activities in behalf of International Brotherhood of Bookbinders, Local 98; (d) In any manner inducing, causing, or allowing its supervisory of other employees to interfere with, restrain, or coerce its employees in the exercise of their rights guaranteed in Section 7 of the Act and from discouraging by any means membership in International Broth- erhood of Bookbinders, Local 98, or any other labor organization of its-employees. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: - (a)- -Post notice in conspicuous places in its plant in the city of I)allas, Texas, stating that it will cease and desist-in the manner afore- mentioned; (b) Inform all its officials and agents, including superintendents, foremen, and other supervisory employees, that they shall not in any mariner approach employees concerning the question of their labor affiliation or threaten employees in any manner because of their mem- bership in any labor organization in general or International Brother- hood of Bookbinders, Local 98, in particular; , (c) Offer to C. B::Ollar immediate and unconditional reclassifica- tion to a wage rate of 45 cents an hour without prejudice to any rights and privileges previously enjoyed by him; (d) Make whole the said C. B. Ollar by paying to him a sum of money equal to that difference between 43 cents per hour wage rate which he drew following January 3, 1938, and the 45-cent rate to which he is being restored, the said sum being $22.08; (e) Notify the Regional Director for the Sixteenth Region in writ- ing within ten (10) days from the date of this order what steps the respondent has taken to comply herewith. ,DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National La- bor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 8, of National Labor Rela- tions Board Rules and Regulations-Series 1, as amended, it is hereby 113$ NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Texas Corrugated Box Company, Incorporated, Dal- las, Texas, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction, under the direction and supervision of the Regional Director for the Sixteenth Region, acting in this matter as agent of the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the production employees of the respondent (excluding supervisory, clerical, and office personnel), whose names appear on the list set forth below, to determine whether or not they desire to be represented by International Brotherhood of Bookbinders, Local 98, for the purposes of collective bargaining. `G. C. Moore Dan Nix Elmer Davis E. T. Williamson Q 'J. P. Hargrove H. M. Marsh A. L. Trobaugh R. T. Watts C. K. Stowers S. W. Butler A. Berry J. M. Stowers E. C. Herrin Ross Berry John Stanley Dewey Carter H. R. Williamson Harry Hamilton IZoy Stanley Walter Rich J. T. Stowers R. A. Wooldridge, C. E. Ollar Carl Marsh W. M. Smith Nolen Wooldridge Raymond Webb Jewell Jordan Jack Willis Mamie Reeder W. H. Smith Dora Bridges "Roy Rogers Ethel Ware - Joe Beard Cloteal Putnam L. D. Beard Mabel Shelton C. L. Williamson Daisy Severance H. N. Bryant Ida Smith G. M. Carroll Fronia Shuster E. E. Calvert Della Devereaux' H. P. Waits Beulah Morgan C. B. Rogers Maggie Landeau R. L. Strifley 'Hazel Wellborn Delbert Low Arma'Harrison C. B. Ollar Georgia Davis Wm. Eslick Milbren Roach Walter Martin MR. EDWIN S. SMITH took no part in the consideration of the above Decision, Order, and Direction of Election.