West Virginia Pulp & Paper Co.

National Labor Relations Board - Board Decisions

May 28, 1946

68 N.L.R.B. 374 (N.L.R.B. 1946)

In the Matter of WEST VIRGINIA PULP & PAPER COMPANY and INTER-
NATIONAL UNION OF OPERATING ENGINEERS , LOCAL 470, A. F. L.
Case No. 10-R-1695.-Decided May 28, 1946
Mr. Burgess Osterhout, of New York City, and Mr L. F. Thompson,
of Charleston, S. C. for the Company.
Mr. H. F. Blackstone, of Charleston, S. C., and Mr. H. E. Miller,
of Memphis, Tenn., for the Engineers.
Mr. Paul Chipman, of Atlanta, Ga., and Mr. W. B. Jarvis, of
Savannah, Ga., for the I. A. M.
Mr. J. R. May, of Sumpter, S. C., and Mr. E. F. Hayes, of Charleston,
S. C., for the I. B. E. W.
Mr. Milton M. Beyer, of Bloomington, Md., and Mr. W. M. Buckner,
of Navy Yard, S. C., for Pulp & Sulphite Workers.
Mr. B. M. Ettenson, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by the International Union of Operating
Engineers, Local 470, A. F. L., herein called the Engineers, alleging
that a question affecting commerce had arisen concerning the representa-
tion of employees of West Virginia Pulp & Paper Company, Charleston,
South Carolina, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice before
Albert D. Maynard, Trial Examiner. The hearing was held at Charles-
ton, South Carolina, on April 8, 1946. The Company, the Engineers, the
International Association of Machinists herein called the I. A. M., the
International Brotherhood of Electrical Workers, herein called the I. B.
E. W., and the International Brotherhood of Pulp, Sulphite & Paper Mill
Workers, herein called the Pulp & Sulphite Workers, appeared and
68 N. L. R. B., No. 43.
374
WEST VIRGINIA PULP & PAPER COMPANY 375
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
I THE BUSINESS OF THE COMPANY
West Virginia Pulp & Paper Company is a corporation chartered by
and existing under the laws of the State of Delaware. The Company
at its South Carolina plant located at Charleston, South Carolina, is en-
gaged in the manufacture of kraft pulp paper and chemical byproducts.
During the year ending 1945 the Company at its Charleston, South Caro-
lina, plant purchased in excess of $1,000,000 worth of raw materials,
consisting of pulp wood, coal and chemicals, approximately 50 percent
of which was shipped to its plant in Charleston, South Carolina, from
points outside the State of South Carolina. During the same period
finished products valued in excess of $1,000,000 were produced at its
Charleston, South Carolina, plant, approximately 90 percent of which
was shipped to places outside the State of South Carolina.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II THE ORGANIZATIONS INVOLVED
International Union of Operating Engineers, Local 470, A. F. L.,
is a labor organization, affiliated through the International Union of
Operating Engineers, with the American Federation of Labor, admitting
to membership employees of the Company.
International Association of Machinists is a labor organization ad-
mitting to membership employees of the Company.
International Brotherhood of Electrical Workers is a labor organiza-
tion, affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
International Brotherhood of Pulp, Sulphite & Paper Mill Workers
is a labor organization, affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
I International Brotherhood of Paper Makers, Local 435, A. F. L., was notified and served
but did not appear and participate in the hearing . The I. A. M., I. B. E. W., and Pulp &
Sulphite Workers did not file written motions for Intervention, but they made oral motions to
intervene at the hearing.
376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE ALLEGED APPROPRIATE UNIT
The Engineers contends that 19 employees in the crane department
of the Company's Charleston plant2 should be severed from an existing
residual plant-wide unit on the ground that the 19 employees constitute a
craft.3 The Company and the Pulp & Sulphite Workers contend that the
employees in this department, assuming but not conceding that they
constitute a craft, are not an appropriate unit on the grounds that the
establishment of such a unit is contrary to the bargaining history of
this particular plant and to the existing pattern in the southern pulp and
paper industry and that it would cause jurisdictional controversies and
inharmonious labor relations among fellow workers.4
In the fall of 1944 the Pulp & Sulphite Workers and the International
Brotherhood of Paper Makers, herein called the Paper Makers, filed a
petition with the Board indicating their desire to represent all employees
of the Company except those in the woodland department, the normal
supervisory and clerical classifications, and those already represented by
the I. A. M. and the I. B. E. W.b A notice to this effect was placed
on the bulletin boards of the Company.6 The Engineers did not at that
time show any interest in the proposed unit and did not request a place
on the ballot. Shortly thereafter a consent election was held which was
won by the Pulp & Sulphite Workers and the Paper Makers. Those
organizations were later designated by the Regional Director as repre-
sentatives ; and a contract was entered into on January 24, 1945, between
the Company and the Pulp & Sulphite Workers of the Paper Makers.
This contract was to expire January 24, 1946, and contained an automatic
renewal clause for successive periods of 1 year and a provision for a
30-day notice to be given by either party desiring to renegotiate. The
Engineers first requested recognition on September 18, 1945. On October
10, 1945, and again on January 21, 1945, it discussed with the Com-
s At the time the petition was filed and the hearing was held there were actually 18 em,
ployees in this department including the leadman, John C. Pope. However, Grady Blake, a
former employee, was expected to return to the Company in the near future after his separation
from the armed forces and, therefore, was included in the requested unit.
8 The Field Examiner reported that the Engineers submitted 19 undated authorization cards
bearing the employees' names, all of which were checked against the pay roll for the period
ending January 7, 1946, and were found to be listed thereon. An examination of the dues
record revealed that 3 initiated into the Engineers prior to 1940 , 4 from 1940 to 1943, 4 in
1944, and 8 in 1945.
' I. A. M. and I. B. E. W. intervened at the hearing solely to insure that the unit sought
by the Engineers would not include any employee presently represented by I. A M. or
I. B E. W. Neither of these organizations had any other interest in the proceeding.
6I. A. M. was designated the representative of the machinists and millwrights following a
consent election in April, 1944. I. B. E. W. achieved recognition sometime prior to this
This notice to all employees stated the proposed bargaining unit to include "all employees,
including hourly paid storeroom clerks, receiving and shipping clerks and watchmen , except
for woodland department employees , supervisory employees, office clerks, machinists, machinists
apprentices, millwrights , machinists helpers, millwright helpers, electricians , electrician helpers
and power house employees." It further stated that "if you represent a labor organization
which represents or desires to represent any of the employees mentioned above , please com-
municate promptly with the [Field Examiner]." This notice was dated November 11, 1944.
WEST VIRGINIA PULP & PAPER COMPANY 377
pany its desire to represent the crane department employees. On Decem-
ber 22, 1945, all of the labor organizations with which the Company
had contracts notified the Company that they desired to renegotiate,
and new contracts were entered into on January 26, 1946, effective
January 24, 1946. Since the Engineers filed its petition on December
28, 1945, after renegotiations had begun, the contracts then existing
between the Company and the intervenors and the Paper Makers are
not urged as a bar.
The residual plant-wide unit is composed of approximately 900 em-
ployees of the Company. The 19 employees whom the Engineers desires
to represent are included in that unit. These employees are crane opera-
tors, bulldozer operators, oilers and firemen, and they operate anywhere
throughout the entire 20 acres of the plant site. One of their jobs is to
make minor repairs or operating adjustments on the operation site.7
These employees are an identifiable group, and crane operators are
generally trained by working first as oilers or firemen. However, the
evidence discloses instances in which employees working in departments
other than the crane department transferred to the crane department as
oilers or firemen and advanced to the position of crane operator. Like-
wise, if work was not available for crane operators, they have been
transferred to other work which was then available.
The evidence establishes that the Pulp & Sulphite Workers and Paper
Makers have effectively bargained for the employees in the crane de-
partment. There is no showing that they have been discriminated against
in any of the contracts or wage agreements. Although crane operators,
who have been members of the Engineers, have been employed by the
Company for many years, it was not until the fall of 1945 that they
initiated action to have the Engineers represent them in collective bar-
gaining.8 Moreover, the great majority of paper companies in the
South have residual plant-wide units which include the type of employees
in which the Engineers are interested in this case.
In view of the facts set forth above we are of the opinion that the
unit proposed by the Engineers is not an appropriate bargaining unit, and
we shall dismiss the petition."
r It appears from the record that the employees in the I. A. M. unit, who are specialists,
have the function of doing the major repair work to these cranes, and it also appears that
there has been some dispute as to who is to perform these repairs. Further, on several occasions
there has been apparently a controversy concerning what is a major or minor repair. If crane
operators are set apart as a separate unit, it is argued in the brief of the Company, the I. A. M ,
and the Pulp & Sulphite Workers, such controversies might be aggravated.
A contention of the Engineers is that it has a monopoly in supplying crane operators to
the Company. The evidence shows that the Company has called the Engineers when an
additional employee was needed, but it does not show that crane operators are unobtainable
elsewhere.
V See Matter of Sampson Steel Company, 60 N. L. R B. 182; Matter of Bethlehem-Hingham
Shipyard, Inc, 54 N. L. R. B. 631; Matter of Douglas Aircraft Company, Inc., 54 N L. R. B.
67; Matter of Laclede Steel Company, 49 N. L . R. B. 1116.
378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since the bargaining unit sought to be established by the petition is
inappropriate, as stated in Section III, above, we find that no question
has arisen concerning the representation of employees of the Company,
within the meaning of Section 9 (c) of the National Labor Relations
Act.
ORDER
Upon the basis of the above findings of fact and the entire record in
the case, the Board hereby orders that the petition for investigation and
certification of representatives of employees of the West Virginia Pulp
& Paper Company, Charleston, South Carolina, filed by International
Union of Operating Engineers, Local 470, A. F. L., be, and it hereby
is dismissed.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Order.