The Auglaize Box Board Co.

National Labor Relations Board - Board Decisions

Mar 30, 1944

55 N.L.R.B. 883 (N.L.R.B. 1944)

In the Matter of THE AIIGLAIZE Box BOARD COMPANY and DISTRICT
50, UNITED MINE WORKERS OF AMERICA
Case No. 8-R-1391.-Decided March 30, 1944
Mr. H. J. Essman and Mr. T. D. Young, of St. Marys, Ohio, for
the Company.
Mr. Walter E. Mackey, of Toledo, Ohio, and Mr. W. F. Wydallis,
of St. Marys, Ohio, for the UMW.
Mr. William Stromg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF '111E CASE
Upon a petition duly filed by District 50, United Mine Workers of
America, herein called the UMW, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Auglaize Box Board Company, St. Marys, Ohio, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Louis Plost, Trial Ex-
aminer. Said hearing was held at St. Marys, Ohio, on March 6,
1944. The Company and the UMW 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 an 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
The Auglaize Box Board Company is an Ohio corporation operat-
ing a paper mill at St. Marys, Ohio, where it is engaged in the
1 Although served with Notice of Hearing, the International Brotherhood of Firemen and
Oilers, Local 196 (AFL), herein called the International , did not appear.
55 N. L. R. B., No. 157.
883
884 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manufacture of jute linerboard and tube and can stock. A substantial
percentage of the raw materials used by the Company, valued at
about $100,000 in 1943, came from outside the State of Ohio, while
76 percent of the Company's finished products, valued at more than
$100,000 in 1943, was shipped to points outside that State.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, and International
Brotherhood of Firemen and Oilers , Local 196, affiliated with the
American Federation of Labor, are labor organizations admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the UMW as the
exclusive bargaining representative of certain of the Company's em-
ployees on the ground that the Company and the International are
parties to a contract covering the employees whom the Union claims
to represent. The contract in question was executed in August 1940
and by its terms continued in effect until May 31, 1941, and year
to year thereafter until notice to the contrary is given by either party
30 days prior to the annual anniversary date. Since the contract
will soon expire it is no bar to a determination of representatives for
the purpose of negotiating a new agreement at the expiration of the
present contract, if such is desired.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the UMW 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 substantial agreement with a stipulation of the parties,
that all employees of the engine and boiler room of the Company,
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, constitute a unit
'The Field Examiner reported that the UMW submitted 11 authorization cards, all of
which bore names of persons appearing on the Company's pay roll of January 26, 1944,
which contained the names of 11 employees in the alleged appropriate unit.
The International has claimed an interest in this proceeding by virtue of its contract
with the Company The Field Examiner also reported that the International submitted
a "petition " bearing the names of 11 employees in the unit.
I
THE AUGLAIZE BOX BOARD COMPANY 885
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.8
V. THE DETERMINATION OF REPRESENTATIVES
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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Auglaize
Box Board Company, St . Marys, Ohio, 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 super-
vision of the Regional Director for the Eighth 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 the 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 any 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 District 50, United Mine Workers of America , or by International
Brotherhood of Firemen and Oilers , Local 196 , affiliated with the
American Federation of Labor, for the purposes of collective bar-
gaining, or by neither.
8 This Is the unit covered by the contract between the Company and the International.