Thomas Paper Stock Co.

National Labor Relations Board - Board Decisions

Aug 19, 1942

43 N.L.R.B. 377 (N.L.R.B. 1942)

In the Matter of THOMAS PAPER STOCK COMPANY and WAREHOUSE
AND DISTRIBUTION WORKERS UNION , I. L. W. U., LOCAL 2-8, C. I. O.
Case No. R-4081.Decided August 19, 1942
Jurisdiction : scrap paper sorting and shipping industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all production employees, including
elevator operators, but excluding maintenance, supervisory, clerical and office
employees, truck drivers, and truck helpers.
Mr. Hymen S. Gratch, of Chicago, Ill., for the Company.
Mr. San Lissitz, of Chicago, Ill., for the Union.
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Warehouse and Distribution Workers
Union, I. L. W. U., Local 2-8, C. I. 0., herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Thomas Paper Stock Company, Chi-
cago, Illinois, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Russell Packard, Trial Examiner. Said hearing was held at
Chicago, Illinois, on July 29, 1942. The Company and the Union ap-
peared, participated, and 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Thomas Paper Stock Company, an Illinois corporation with its
place-of business at Chicago, Illinois, is engaged in the business of
43 N. L. R. B., No. 62.
377
378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sorting, grading, and shipping scrap paper. During the year 19411
the Company purchased approximately $375,000 worth of scrap
paper. During the same period, the Company's gross sales were ap-
proximately $500,000, about 30 percent of which represented products
shipped outside the State of Illinois. The Company concedes that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
'Warehouse and Distribution Workers Union, I. L. W. U., Local
2-8, is a labor organization affiliated with the, Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 11, 1942, the Union, requested the Company to recognize
and confer with it for the purpose of collective bargaining. The
Company has failed to recognize or bargain with the Union.
A statement of the Regional Director, introduced-in evidence at the
hearing, shows that the Union represents a substantial number of
,employes in the unit hereinafter found appropriate.,,
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.
I. THE APPROPRIATE UNIT
'The Company and the Union agreed that the unit should consist
of all the Company's production employees, excluding maintenance,
supervisory, clerical -and office employees, and truck drivers. ' How-
ever, the Company desires also to exclude elevator operators and
truck helpers.
The Company employs four elevator operators who assist the truck
helpers in unloading trucks, put material on elevators, take it to
the third floor of the plant, and there unload A. Approximately 90
percent of their time is so spent. During the remainder of the time,
they may be assigned to act as truck helpers or to perform various
duties throughout the plant. Although the record does not contain a
description of the duties performed by other employees in the plant,
it would appear from the nature of the Company's business that the
'The Regional Director reported that the Union submitted 55 application cards, 54
bearing apparently genuine, original signatures , and 47 bearing names of persons listed
on the Company's pay roll of July 6, 1942, which contains the names of 61' persons in
the unit alleged by the-Union to be appropriate He also -iepoited that there were 449
employees in the unit alleged by the Company to be appropriate and that 37 of the Union's
cards bear names of persons within such unit.
THOMAS PAPER STOCK COMPANY 379
work of the- elevator operators, is sufficiently related to that of other
employees to snake their inclusion within the unit advisable. We
shall include the elevator operators within the unit.
There are six or seven truck helpers employed by the Company
whose duty it is to-ride on the trucks with the truck drivers and load
and unload materials: During about 20 percent of their, time,, truck
helpers perform other tasks in the plant, occasionally assisting eleva-
tor operators. Since the major portion of their work is related to
that of truck drivers, whom the parties have agreed to exclude, we
shall exclude the truck helpers from the unit.
We find that all production employees of the Company, including
elevator operators, but excluding maintenance, supervisory, ,clerical
and office employees, truck drivers, and truck helpers, constitute a
unit appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be- resolved by an election by secret ballot. The
Union, desires that the pay °roll of July 2, 1942, be used to -determine
eligibility to vote because of an unspecified number of lay-offs which
occurred about July 5. The Company requests that a pay-roll,date
6 weeks prior to the date of the election be used to determine eligi-
bility. It appears that the business of the Company is now slack
and that it will continue to decline to some extent. We find no reason
for departing from-. our usual practice and shall direct that the
,employees of the Company eligible to vote in the election shall be
those 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 Direc-
tion. The Union requested that it be designated on the ballot as
"C. I. O. Warehouse and Distribution Workers Union." We shall
direct that it be so designated.
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 8, of National.Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby -
DIRECTED that, as, part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Thomas Paper
Stock Company, Chicago, Illinois, an election by secret ballot shall
be conducted as early as possible but not later than thirty '(30) days
380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from the date of this Direction, under the direction and supervision
of the Regional Director for the Thirteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section' 9, 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 any such employees who did not
work during said pay-roll period because they were ill or on vacation
or in the active military service or training of the United States, or
temporarily laid off, but excluding any who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by'C..I. 0. Warehouse and Distribution Workers Union,
for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the -consideration of the above
Decision and Direction of Election.