United States Envelope Co.

National Labor Relations Board - Board Decisions

Feb 11, 1942

38 N.L.R.B. 1105 (N.L.R.B. 1942)

In the Matter of LOGAN, SWIFT, AND BRIGHAN ENVELOPE COMPANY
DIVISION-UNITED STATES ENVELOPE COMPANY and FEDERAL LABOR
UNION 22999 (A. F. L.)
Case No. R-3415.-Decided February 11, 1942
Jurisdiction : envelope and paper container manufacturing industry.
Investigation and Certification of Representatives : existence of question: dis-
pute as to appropriate unit; refusal to accord union recognition; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of the Company excluding supervisory, clerical, and sales em-
ployees, timekeepers, draftsmen, and the engineer, firemen, watchmen, and
janitors ; machine construction department included notwithstanding desire of
the sole labor organization involved for their exclusion, where these em-
ployees perform the same kind of work as employees in the maintenance
and repair departments whom the union wishes to include, and in view of
the fact that they have been included in a similar unit by contracts between
the Company and another union at another of the Company's plants.
Mr. Ralph A. Lind, of New York City, for the Company.
Mr. David M. Taylor, of West Springfield, Mass., for the, Union.
Miss Me?ivern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 30, 1941, and December 4, 1941, Federal Labor Union
22999 (A. F. L.), herein called the Union, filed with the Regional
Director for the First Region (Boston, Massachusetts) a petition and
an amended petition, respectively, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Logan, Swift, and Brighan Envelope Company Division-United
States Envelope Company, Worcester, Massachusetts, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called- the Act. On December 10,
1941, the National Labor Relations Board, herein called the Board,
38 N L. R. B , No 207.
1105
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1106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
acting pursuant to Section 9 (c) of the Act, and Article III, Section
3, of National Labor Relations Board Rules and Regulations-Series
2, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On December 13, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on December
22, 1941, at Worcester, Massachusetts, before Thomas H. Ramsay, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Board, the Company, and the Union appeared by counsel and par-
ticipated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues was afforded all parties. During the course of the hear-
ing the Trial Examiner made various rulings on motions and on
objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
United States Envelope Company is a Maine corporation with its
principal offices and place of business in Springfield, Massachusetts.
It operates a plant at Worcester, Massachusetts, known as Logan,
Swift, and Brighan Envelope Company Division, where it is engaged
in the manufacture, sale, and distribution of envelopes of all kinds and
paper and transparent containers. This division purchases raw mate-
rials, principally paper, box board, gum, and cartons, valued at more
than $1,043,000 annually, more than 80 per cent of which are shipped
to it from points outside the Commonwealth of Massachusetts. It
manufactures finished products valued at more than $1,600,000
annually, 91 per cent of which are shipped to points outside the Com-
monwealth of Massachusetts.
The United States Envelope Company admits that in its opera-
tions at this division it is engaged in commerce within the meaning
of the Act.
II. THE ORGANIZATIONS INVOLVED
Federal Labor Union 22999 is a labor organization affiliated with the
American Federation of Labor. It admits to membership employees
of the Company.
LOGAN, SWIFT, AND BRIGHAN ENVELOPE COMPANY 1107
III. THE QUESTION CONCERNING REPRESENTATION
On or about October 10, 1941, the Union informed the Company
that it represented a majority of its employees and requested a con-
ference. At the conference which was subsequently held, the parties
were unable to agree upon the appropriate unit. A statement by the
Regional Director, introduced into evidence at the hearing, shows that
the Union represents a substantial number of employees in the unit
alleged by it to be appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in'connection with the operations of the Company
described in Section I, above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties agree that the appropriate unit should include produc-
tion and maintenance employees, and should exclude executives, fore-
men, timekeepers, draftsmen, sales, office and clerical employees, and
the engineer. The parties disagree with respect to the employees in the
machine construction department, watchmen, firemen, and janitors.
The Union would exclude, and the Company include, them.
The Union contends that the work of the machine construction de-
partment employees is different from that performed by employees in
other departments ; that these employees are engaged in building equip-
ment for the Company and all plants of the United States Envelope
Company throughout the country, and that these employees are crafts-
men and not stationery workers. Eldon V. Johnson, the Company's
first vice president and general manager, testified that the work of the
machine construction department employees consists of building,
maintaining, and repairing machines; that although these employees
normally work in the machine construction department, they frequently
work in other departments on adjusting and repairing machines when
the necessity arises, and that if the machine construction department
' The Regional Director reported that the Union presented 119 applications for member-
ship, 95 dated between August and October 1941 ; 17 dated between August and October (no
year ) ; and 7 undated ; of the 119 applications for membership , 116 bear the apparently
genuine signatures of persons who appeared on the Company 's pay roll for the week ending
November 8, 1941 . There are approximately 330 employees in the alleged unit.
1108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were eliminated, it would necessitate an increase in the number of
employees and the amount of equipment in the maintenance and repair
departments at the plant here involved. He further testified that
the machine construction department supplements maintenance and
repair departments and that no more skill is required of these em-
ployees than of employees in the maintenance and repair departments
(whom the Union wishes included in the unit alleged appropriate by
it), and that these maintenance and repair employees are fully
equipped to perform work in the machine construction department.
Transfers of employees from the machine construction department to
the regular repair shop and from the regular repair shop to the ma-
chine construction department have occurred. A collective bargain-
ing contract, introduced in evidence, between United States Envelope
Company at its P. P. Kellogg and Company Division and Federal
Labor Union No. 20681, covers all production and maintenance em-
ployees with certain specific exlcusions. Included in production and
maintenance were machine construction department employees who
perform practically the same work as the employees in the machine
construction department herein. This evidence of bargaining prac-
tice in another division of the United States Envelope Company,
together with the fact that the machine construction department em-
ployees perform the same kind of work as, and supplement the work of,
employees in the maintenance and repair departments, leads us to
conclude that employees in the machine construction department
should be included in the unit.
The Union further contends that firemen, watchmen, and janitors
should be excluded from the unit. The record indicates that firemen
are eligible to membership in another organization, also affiliated
with the American Federation of Labor. The watchmen's work-
week differs from that of other employees of the Company. The rec-
ord further discloses that although all employees, including janitors,
are paid on an hourly rate basis, with overtime for more than 40
hours in a week, janitors are seldom, if ever, called upon to work
overtime. The work of these three groups of employees is clearly
distinguishable from that of the production and maintenance em-
ployees. Moreover, the Union has not attempted to organize any
of these employees, nor have these employees requested the Union to
represent them. Under the circumstances, we conclude that firemen,
watchmen, and janitors should be excluded from the unit.
We find that all production and maintenance employees, including
machine construction department employees but excluding execu-
tives, foremen, timekeepers, draftsmen, sales, office and clerical em-
ployees, the engineer, firemen, watchmen, and janitors, constitute
a unit appropriate for the purposes of collective bargaining and that
such unit will insure to employees of the Company the full benefit
LOGAN, SWIFT, AND BRIGHAN ENVELOPE, COMPANY 1109
of their right to self-organization and to collective bargaining and
otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot among
the employees 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 Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Logan, Swift, and Brighan Envelope
Company Division-United States Envelope Company, Worcester,
Massachusetts , within the meaning of Section 9 ( c) and Section 2
( 6) and ( 7) of the National Labor Relations Act.
2. All production and maintenance employees , including machine
construction department employees of the Company , but excluding
executives , foremen, timekeepers , draftsmen , sales, office and clerical
employees , the engineer , firemen, watchmen , and janitors , constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the National Labor Relations Act.
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 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with Logan, Swift, and Brighan Envelope Company
Division-United States Envelope Company , Worcester , Massachu-
setts, an election by secret ballot shall be conducted as early as pos-
sible, but not later than thirty ( 30) days from the date of this
Direction of Election, under the direction and supervision of the
Regional Director for the First 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 all production
and maintenance employees , including machine construction depart-
111 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ment employees of the Company who were employed during the pay-
roll period immediately preceding the date of the Direction of
Election, including 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 executives, foremen, timekeepers, draftsmen,
sales, office and clerical employees, the engineer, firemen, watchmen,
and janitors, and employees who have since quit or been discharged
for cause, to determine whether they desire to be represented by
Federal Labor Union 22999, affiliated with the American Federation
of Labor for the purposes of collective bargaining.