Container Corp. of America

National Labor Relations Board - Board Decisions

Jul 2, 1945

62 N.L.R.B. 1101 (N.L.R.B. 1945)

In the Matter of CONTAINER CORPORATION of AMERICA, OGDEN PLANT
and PAPER WORKERS ORGANIZING COMMITTEE, CIO
Case No. 13-R-2904.-Decided July 2, 1945
Messrs. L. A. Combs and E. W. Woodhall, of Chicago, Ill., for the
Company.
Messrs. Burt J. Mason, Donald Thonis, and Joseph T. Hyrczyk, all of
Chicago, Ill., for the CIO.
Mr. Russel Packard, of Chicago, Ill., for the Box Workers.
Messrs. Russell Packard and William F. Cleary, of Chicago, Ill., for the
IBEW.
Mr. Harry Nathanson, of counsel 'to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition filed by Paper Workers Organizing Committee, CIO,
herein called the CIO, alleging that a question affecting commerce had
arisen concerning the representation of employees of Container Corpora-
tion of America, Ogden Plant, Chicago, Illinois, herein called the Company,
the National Labor Relations Board provided for an appropriate hearing
upon due notice before Gustaf B. Erickson, Trial Examiner. Said hearing
was held at Chicago, Illinois, on April 20, 21, and 23, 1945. The Company,
the CIO, Chicago Paper and Box Workers Union No 415, affiliated with
the International Printing Pressmen and Assistants' Union of North Amer-
ica, AFL, herein called the Box Workers, and International Brotherhood
of Electrical Workers, Local B-134, AFL, herein called the IBEW,
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. At the hearing the Box Workers moved to dismiss
the petition and the Trial Examiner referred the motion to the Board for
determination. For reasons set forth in Sections III and IV, infra, the
62 N. L. R B., No. 138
1101
1102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
motion is denied. 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
I. THE BUSINESS OF THE COMPANY
Container Corporation of America is a Delaware corporation which
operates a number of plants located throughout the United States. We are
here concerned with the Company's Ogden Plant, located at Chicago,
Illinois, where it is engaged in the manufacture, sale, and distribution of
paper and paper products. During the year 1944 approximately 33 1 /3
percent of the raw materials used by the Company was purchased outside
the State of Illinois . For the same period approximately 40 percent of the
Company's finished products was shipped outside the State of Illinois
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act
11. THE ORGANIZATIONS INVOLVED
Paper Workers Organizing Committee, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to membership
employees of the Company.
Chicago Paper and Box Workers Union No. 415, affiliated with the
International Printing Pressmen and Assistants' Union of North America,
in turn affiliated with the American Federation of Labor, is a labor organ
ization admitting to membership employees of the Company.
International Brotherhood of Electrical Workers, Local B-134; affiliated
with the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated February 22,'1945, the CIO requested the Company
to recognize it as the exclusive bargaining representative of certain of the
Company's employees. Failing to receive a reply the CIO filed its petition
herein on February 24, 1945.
The Company and the Box Workers entered into a collective bargaining
agreement , dated July 24, 1944, which provided, in part, as follows
Section 14-Expiration
This Agreement shall be in force and remain in effect from the date
of execution hereof to ]'larch 31, 1945, and shall be considered self-
renewing for yearly periods thereafter unless notice is filed by either
party with the other, in writing, to change or alter, at least sixty (60)
CONTAINER CORPORATION OF AMERICA 1103
days prior to the expiration of this Agreement.
In the event the expiration date of this Agreement is reached and a
new Agreement has not been arrived at, this Agreement will be tem-
porarily extended until a new agreement is arrived at or either of the
parties hereto serves written notice on the other that negotiations have
terminated. After the serving of such written notice there shall be no
strike or lockout during the following period of seventy-two (72)
hours in order to give both parties time to reconsider their decision.
On January 26, 1945, more than 60 days prior to the anniversary date
of the contract, the Box Workers sent a letter to the Company requesting
"changes in the contract or wage schedule." At the time of the hearing no
new agreement had been reached, nor had either of the parties served writ-
ten notice on the other that negotiations had terminated. Since the Box
Workers gave timely notice to the Company of its desire to alter the con-
tract, and inasmuch as the 1945 anniversary date passed without the
execution of a new agreement, the contract became one of indefinite dura-
tion: Accordingly, we find that it does not constitute a bar to a present
determination of representatives.'
A statement of a Field Examiner, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of employees
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 meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The CIO contends that the appropriate bargaining unit should comprise
all the Company's production and maintenance employees in both the box
divisions and paper mill, including cafeteria employees, but excluding office
clerical employees, power plant employees, teamsters, and supervisory em-
ployees. The Box Workers opposes the unit sought by the CIO and con-
tends that a unit of box division employees and maintenance workers, as
set forth in its last contract with the Company,' is appropriate.' The Com-
' See Matter of Ball Brothers Company, 54 N. L. R. B 1512 ; Matter of Gale Products , a Division
of Outboard Marine and Manufacturing Company, 60 N L R B 725
2 The Field Examiner reported that the CIO submitted 337 authorization cards bearing apparently
genuine signatures and that there were 547 employees in the unit it is seeking . The Box Workers
relies upon its 1944 contract as evidence of its interest in the instant proceeding
The Trial Examiner reported that the IBEW submitted five authorization cards bearing appar-
ently genuine signatures and that there were six employees in the unit it proposes.
8 The box division is comprised of the corrugated , fibre, roll stock storage, and shipping de-
partments.
' With respect to recognition , the Box Workers ' contract with the Company contains the following
"The Company recognizes the [Box Workers ] as the sole bargaining agency for all its production
employees engaged in the Corrugated , Fibre, Roll Stock Storage, and Shipping Departments, and
all maintenance employees . . exclusive of clerical employees , engineers , firemen, power plant
employees , teamsters , foremen, *supervisors , and all production employees engaged in the paper mill "
1104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany agrees with the Box Workers and also contends that separate units
should be established for paper mill workers and cafeteria employees. The
IBEW seeks a separate unit of electricians and electricians' helpers. While
both the CIO and the Company object to a separate unit of electricians, the
Box Workers does not oppose it.
The Company's operations are conducted within a single area containing
20 buildings, 16 of which are used by it and the remaining 4 of which are
leased to a concern not involved iii this proceeding. The paper mill conducts
its operations in 3 buildings, the lower floor of a fourth is occupied by
the maintenance shop,' and, except for 1 building used as a power plant,
the remaining buildings are occupied by the box division; in addition,
because of lack of space, the upper floors of the buildings housing the paper
mill and maintenance shop are also occupied by the box division. In 1 of
the buildings occupied by the box division are also located the Company's
general offices and cafeteria.
The paper mill's operations are separate from those of the box division,
and the record indicates that each could operate independently of the other.
Moreover, it is clear that the work performed in the paper mill requires
skills different from that performed in the box division. Separate cost rec-
ords are kept for each division and supervisors in the various departments
of each division have supervision only over the employees in their respective
departments.
On November 24, 1939, the Box Workers filed two petitions with the
Boards alleging as appropriate units of (1) production workers in the paper
mill, and (2) production workers in the box division, including all mainte-
nance employees. Subsequently, consent election agreements on the basis
of the units sought were entered into between the Company and the Box
Workers, and in the elections which were conducted, the workers in the
box division, including maintenance employees, designated the Box Work-
ers as their exclusive bargaining representative, but the paper mill employ-
ees refused to select it as their bargaining agent. Since that time the em-
ployees in the paper mill have not been represented by any labor organiza-
tion. As fQr the box division employees and maintenance workers, however,
they have been covered by collective bargaining agreements annually exe-
cuted by the Company and the Box Workers.
From the foregoing facts, it is clear that the box division employees and
maintenance workers may form an appropriate unit!, Among the mainte-
nance workers are electricians, sought by the IBEW as a separate bargain-
ing group. But, as noted above, these employees have for 6 years been
included in the unit represented by the Box Workers. There is no evidence
that they ever protested such inclusion; there is nothing to indicate that
"The maintenance shop services both the paper mill and the box division
6 Cases Nos 13•R-401 and 402.
CONTAINER CORPORATION OF AMERICA 1105
they retained their identity or attempted to function as a craft group.
Accordingly, we find that the unit sought by the IBEW is inappropriate.?
However, the record discloses that a single unit of box division employ-
ees, maintenance workers and paper mill employees may also be appro-
priate. The box division is separated from the paper mill by a single railroad
track used by freight cars for loading and unloading raw materials and
finished products for both divisions. In addition, there is a mono-rail crane,
which is used for carrying finished products and raw materials from one
building to the other. All the Company's employees use the same gate and
all use the same clockhouse which is located at the gate. The plant manager
is in charge of the whole plant and the personnel manager is in charge of
labor relations pertaining to all employees. All employees are hired by a
single department and employees dissatisfied with their work in one divi-
sion may be assigned to the other. On numerous occasions box division
employees, in order. to earn additional money, work overtime in the paper
mill. All books and records are kept at the Company's main office, and pay
rolls for both divisions are computed by the same clerks. Maintenance em-
ployees, as indicated above, service both divisions.
With respect to fhe question of including or excluding cafeteria enm-
ployees, it appears that in 1944 the Company established the cafeteria for
the convenience of its employees. Cafeteria employees perform the duties
usual to their classification. None of these workers was recruited from
or transferred to the Company's production and maintenance departments.
Furthermore, they have never been represented by any labor organization,
nor have they been organized. We shall exclude them.'
In view of our finding that a separate unit of box division and mainte-
nance employees may be appropriate, or one consisting" of these workers
together with employees in the paper mill, we shall make no final determina-
tion of the appropriate unit or units at this time. Our final determination
will rest in part upon the desires of the employees as reflected by the
results of the elections which we shall hereinafter direct. We shall direct
that the question concerning representation which has arisen be resolved
by separate elections by secret ballot among the employees in the following
voting groups who were employed during the pay-roll period immediately
preceding the date of the Direction of Elections herein, subject to the limi-
tation and additions set forth in said Direction :
(1) All production employees of the Company's paper mill, excluding
cafeteria employees, maintenance employees, office clerical employees, pow-
er plant employees, teamsters,° and all supervisory employees with authority
4 See Matter of General Metals Corporation, 59 N. L. R. B 1252.
S See Matter of Carrier Corporation, 46 N L. R. B. 1319; Matter of Sangamo Electric Company,
59 N. L. R. B. 364.
All parties agree to exclude office clerical and power plant employees , and teamsters
1 106 DECISIONS OF NATLONAL LABOR RELATIONS BOARD
to hire, promote, discharge , discipline , or otherwise effect changes in the
status of employees , or effectively recommend such action , to determine
whether or not they wish to be represented by the CIO, for the purposes
of collective bargaining ; and
(2) All production employees in the Company 's box division , including
all maintenance employees ," but excluding cafeteria employees , office cleri-
cal employees , power plant employees , teamsters , and all supervisory em-
ployees with authority to hire, promote , discharge , discipline , or otherwise
effect changes in the status of employees , or effectively recommend such
action , to determine whether they desire to be represented by the CIO, or
by the Box Workers, for the purposes of collective bargaining.'
If a majority of the employees in each voting group select the CIO, they
will have thereby indicated their desire to constitute one appropriate unit,
selection of different , representatives , however, will indicate a desire to con-
stitute separate appropriate units.
DIRECTION OF ELECTIONS
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 9, of National Labor Relations Board Rules
and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Container Corporation of
America, Ogden Plant, Chicago, Illinois, elections 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 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, Sections 10
and 11, of said Rules and Regulations, among the employees in the voting
groups set forth 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 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 elections,
to determine :
(1) With respect to the employees in Voting Group (1) described in
Section IV, above, whether or not they desire to, be represented by Paper
10 Including electricians.
u Apparently , the IBEW, interested solely in the electricians , does not wish to be placed on the
ballot in this voting group.
CONTAINER CORPORATION OF AMERICA 1107
Workers Organizing Committee, CIO, for the purposes of collective bar-
gaining; and
(2) With respect to the employees in Voting Group (2) described in
Section IV, above, whether they desire to be represented by Paper Workers
Organizing Committee, CIO, or by Chicago Paper and Box Workers
Union No. 415, affiliated with the International Printing Pressmen and
Assistants' Union of North America, AFL, for the purposes of collective
bargaining, or by neither.