Cook Waste Paper Co.

National Labor Relations Board - Board Decisions

Oct 25, 1944

58 N.L.R.B. 1323 (N.L.R.B. 1944)

In the Matter of COOK WASTE PAPER COMPANY and WAREHOUSE AND
DISTRIBUTION WORKERS UNION, LOCAL 222, ILWU, CIO
Case No. 5-R-1663 .-Decided October 25, 1944
Mr. Joseph P. Henderson, of Washington, D. C., for the CIO.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Warehouse and Distribution Work-
ers Union, Local 222, ILWU, CIO, herein called the CIO, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Cook Waste Paper Company, Washington,,
D. C., herein called the Company, the National Labor Relations Board;
provided for an appropriate hearing upon due notice before George
L. Weasler, Trial Examiner. Said hearing was held at Washington,
D. C., on September 25, 1944. Only the CIO appeared and partici--
pated. However, all parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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._
' The Company and International Brotherhood of Teamsters , Chauffeurs , warehousemen,
R Helpers of America, Local Union 639, affiliated with the American federation of Labor,
herein called the Teamsters , although duly served with Notice of Hearing , made no,
appearance
The record indicates that the Trial Examiner telephoned -counsel for the Company who.
informed him that the Company was willing to abide by the Board's decision and would
interpose no objection to the Trial Examiner ' s proceeding with the hearing without a rep-
resentative of the Company present Said counsel further stated that the findings of fact
with respect to the business of the Company made in Matter of Cook Waste Paper Com-
pany, 52 N. L R B 1018 , are still applicable
The record further indicates that the Trial Examiner also telephoned the office of the-
Teamsters , and was told that the business agent who was representing that organization
in this proceeding was out , but was expected back within a half hour , at which time said
business agent would telephone the Trial Examiner at the Board ' s offices . The Trial Exam-
iner adjourned the hearing for an hour, but no representative of the Teamsters made any
appearance at the bearing or telephoned the Board
The Trial Examiner , after these attempts , properly proceeded with the hearing.
58 N. L R B., No. 239.
1323
-1.324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Cook Waste Paper Company is engaged in the waste paper business
at Washington, D. C. The Company handles products valued in ex-
cess of $100,000 annually, all of which is shipped to points outside
the District of Columbia.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Warehouse and Distribution Workers Union, Local 222, Interna-
tional Longshoremen's and Warehousemen's Union, is a labor organ-
ization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the CIO as the collective
bargaining representative of certain of its employees, on, the ground
that the Teamsters previously had been certified as such representative.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, as supplemented by a statement of the Trial
Examiner made at the hearing, indicates that the CIO represents a
substantial number of employees in the unit hereinafter found ap-
propriate.'
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.
IV. THE APPROPRIATE UNIT
The CIO originally sought in its petition a unit comprised of all
employees of the Company engaged as truck drivers, helpers, and
maintenance employees. At the hearing, however, it stated that it had
',The Field Examiner reported that the CIO submitted 5 application cards and that there
are 10 employees in the unit proposed by it. On November 13, 1943 , the Teamsters was
certified by the Board as the collective bargaining representative of the Company's truck
drivers and helpers , the employees involved in the instant proceeding. The Field Examiner
further reported that the Teamsters never executed a contract with the Company covering
these employees , and that it " has no members at present time "
The Trial Examiner reported that the CIO submitted an additional application card at
the hearing, which contained the name of a person presently engaged by the Company
as a helper.
COOK WASTE PAPER COMPANY 1325
no objection to the unit previously established by the Board in the
prior representation proceeding.3 Accordingly, we find that all truck
drivers and helpers of the Company, excluding contract truck drivers
and helpers who are not in the direct employ of the Company, and 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 appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
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 Election
herein, subject to the limitations and additions set forth in the
Direction 4
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 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTLD that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Cook Waste Paper
Company, Washington, D. C., an election by secret ballot shall be con-
ducted 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 Fifth 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
3 Hatter of Cook Waste Paper Company, supra In that proceeding, as partially noted
above, the Board certified the Teamsters as the collective bargaining representative of all
truck drivers and helpers of the Company, excluding contract truck drivers and helpers
who are not in the direct employ of the Company and supervisory employees with authority
to hire, promote , discharge , discipline , or otherwise effect changes in the status of em-
ployees or effectively recommend such action.
4 The CIO requested that it be certified on the record. We are of the opinion, however,
that the interests of the employees involved herein can best be served by an election This
request is therefore denied . The CIO further requested that, in the event an election were
ordered, it he designated on the ballot as "Warehouse and Distribution Workers Union,
Local 222, ILWU, CIO " This request is hereby granted
We take notice of the fact that the Teamsters was certified as the collective bargaining
representative of the employees in the appropriate unit on November 13, 1943 For this
reason , we shall accord it it place upon the ballot if , within ten (10) days from the date
of this Decision , it notifies the Regional Director of its desire to be placed thereon.
609591-45-vol 58-S9
1326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 those employees
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 or not they desire to be represented by Warehousemen and Dis-
tribution Workers Union , Local 222 , ILWU, CIO , for the purposes of
collective bargaining.