International Paper Co.

National Labor Relations Board - Board Decisions

Jul 12, 1951

95 N.L.R.B. 155 (N.L.R.B. 1951)

INTERNATIONAL PAPER COMPANY 155
privileges. It has been found that Mrs. F. L. Cooper (Wanda Gray) approx-
imately 2 weeks and again approximately 2 months after her discharge stated
to officials of Respondent that she was not interested in returning to work for
Respondent and that thereafter she was reinstated in July 1949. Accordingly
no recommendation of reinstatement will be made with respect to her. How-
ever it will be recommended that she be made whole for any loss of pay suffered.
It will also be recommended that Respondent make whole the aforesaid em-
ployees, and each of them, for any loss of pay they may have suffered by reason
of the discriminations against them. The losses of pay shall be computed from
the date of the discrimination to the date of a proper offer of reinstatement.
In the case of Mrs. F. L. Cooper (Wanda Gray) for a 2-week period from Feb-
ruary 7, 1949. In computing the losses of pay the customary formula of the
Board shall be followed. See F. W. Woolworth Company, 90 NLRB 289.
In order to insure expeditious compliance with the recommended back-pay
order it will be further recommended that Respondent be ordered, upon
reasonable request, to make all pertinent records available to the Board or its
agents.
Respondent's illegal activities, including the aforesaid discharges, go to the
very heart of the Act and indicate a purpose to defeat self-organization of its
employees and that there is danger that the commission of other unfair labor
practices proscribed by the Act is to be anticipated from Respondent's conduct
in the past. The preventive purpose of the Act will be thwarted unless the
order herein is coextensive with the danger. Accordingly, in order to make
effective the interdependent guarantees of the statute and thus effectuate the
policies of the Act, it will be recommended that Respondent cease and desist
from engaging in the unfair labor practices found and from in any other manner
infringing upon the rights of employees guaranteed by the Act and that
Respondent post the notice attached hereto as Appendix A. (See Standard
Dry Wall Products, Inc., 91 NLRB 544.)
Since it has been found that the evidence is not sufficient to sustain the
allegations of the complaint, as amended, to the effect that Respondent dis-
criminatorily discharged Frankie Barnes and not sufficient to sustain para-
graph 7 (I) of the complaint, as amended, it will be recommended that these
allegations be dismissed.
[Recommended Order omitted from publication in this volume.]
INTERNATIONAL PAPER COMPANY (SOUTHERN KRAFT DIVISION) and
LODGE 1365, INTERNATIONAL ASSOCIATION OF MACHINISTS, PETI-
TIONER. Cases Nos.15-RC-443,15-RC-473, and 15-RC-475. July
12,1951
Decision and Direction of Elections
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
Andrew P. Carter, hearing officer. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed?
I The request by the Joint Intervenors filed on June 4, 1951, for permission to file a
supplemental brief is denied, as in our opinion the facts and issues in these eases are
fully set forth in the record and briefs in this proceeding.
95 NLRB No. 15.
156 DECISIONS ,OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the provisions of Section 3 (b) of the -Act; the
Board has delegated its powers in connection with these cases to a
three-member panel . [Members Houston, Reynolds, and Styles].
Upon the entire record in these cases , the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce, exists concerning the repre-
sentation of employees of the Employer within the meaning of Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Employer, engaged in the manufacture of paper, pulp board,
and paper bags, operates within its Southern Kraft Division nine
plants in six southern States, of which three plants, at Camden,
Arkansas; Springhill, Louisiana; and Panama City, Florida, are di-
rectly involved herein.
In each of its three petitions filed in this consolidated proceeding,
the Petitioner- seeks a separate unit of a heterogeneous, multicraft
character at the Employer's Camden, Springhill., and Panama City
plants, respectively. 'The Employer contends that the three units
sought by the Petitioner are inappropriate and that a single lnultiplant
unit of production and maintenance employees at all nine plants in
the Southern Kraft Division is the only appropriate unit. Inter-
national Brotherhood of Papermakers, AFL; International Brother-
hood of Pulp, Sulphite and Papermill Workers, AFL; and Inter-
national Brotherhood of Electrical Workers, AFL, herein collectively
called the Joint Intervenors, although agreeing to the appropriateness
of the unit sought by the Employer, propose, in the alternative, sepa-
rate plant-wide units of production and maintenance employees at
each of the three plants herein sought by the Petitioner. Interna-
tional Union of Operating Engineers, AFL, herein called the Engi-
neers, another Intervenor, favoring the units sought by the Petitioner,
specifically seeks separate units of crane operators at each of the three
named plants. United Association of Journeymen and Apprentices
of the Plumbing and Pipefitting Industry of the United States and
Canada, AFL, herein called the Pipefitters, also favoring the Peti-
tioner's units, seeks to represent pipe fitters at each of the three plants.
In a recent Decision and Direction of Election in International
Paper Company (Southern Kraft Division) et al.,2 involving em-
ployees at the Employer's Georgetown, South Carolina, plant herein
called the Georgetown case, the Board, found inter alia that separate
craft unifs or a single plant-wide unit of production and maintenance
194 NLRB 483. Although Board Member Reynolds dissented in this case, he feels-
bound by the decision of the majority. Cf. International Paper Company ( Southe)n
Kraft Division), 94 NLRB 500.
INTERNATIONAL PAPER COMPANY 157-
employees, rather than a single unit of production and maintenance
employees at all plants in the Employer's Southern Kraft Division,
might constitute appropriate units and directed self-determination
elections for employees.in the, several craft groups at that plant who
it. found were entitled. to separate representation, if they so desired.
In the instant proceeding are involved substantially the same parties,
issues , bargaining history, and plant operations as,were present in
the Georgetown cases Under these circumstances, we find no cogent
reason for departing from the rationale of the earlier decision and
consider it determinative on the same issues.
Accordingly, for reasons set forth in the decision in the George-
town case, we find inappropriate at this time the division-wide pro-
duction and maintenance unit urged by the Employer and the separate
plant units of crane operators urged by the Engineers. We find that
the craft groups sought to be represented by the Machinists and the
Pipefitters at the Employer's Camden, Springhill, and Panama City
plants, respectively, or separate plant-wide production and main-
tenance groups at each of these plants, as urged in the alternative by
the Joint Intervenors, may constitute appropriate collective bargain-
ing units.
We shall make at this time no final unit determination with respect
to the employees involved in the instant cases, but shall instead estab-
lish voting groups for them, as set forth below, in order that we may
first ascertain the desires of these employees as expressed in the elec-
tions hereinafter directed. We shall include the various craft em-
ployees at each plant involved herein in separate voting groups and
establish residual voting groups for other production and main-
tenance employees at each" plant.
We shall therefore direct separate elections among the following
employees at the plants indicated, including therein lead men, work-
ing foremen, and helpers, but excluding therefrom office clerical,
technical, and professional employees, guards, and supervisors as
defined in the Act :
Camden, Arkansas, plant (Case No. 15-RC-443)
(a) All millwrights.
(b) All welders.
s As shown in the Georgetown case decision , the bargaining history at the three plants
herein involved was, from 1939 through 1950, based on contracts between the Employer
and the herein participating labor organizations , and groups thereof, which contracts
were. ektended . in scope to include employees in the instant categories at the Georgetown,
Camden, Springhill , and Panama City plants ; the Pipefitters , however, though representing
employees at the latter three plants , had no local at the Georgetown plant.
All parties to this proceeding , except the Pipefltters , acknowledge the general similarity
of operations at the Employer's four plants and stipulate that the Board take "judicial
notice" of exhibits and testimony in the Georgetown case. The Board takes notice of
its findings and decision in the Georgetown case. Notwithstanding its objection to the
proposed stipulation , the Pipefltters points to no basic difference in the operations of these
plants sufficient to warrant other special unit consideration at this time.
158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'(c) All machinists, including blacksmiths.
(d) All pipe fitters.
(e) All other production and maintenance employees, includ-
ing oilers, knife grinders, and auto mechanics.
Springhill, Louisiana, plant (Case No. 15-RC-473)
(f) All millwrights.
(g) All. welders. _
(h) All boilermakers.
(i) All steelworkers.
(j) All toolroom employees, including machinists and black-
smiths.
(k) All sheet metal workers.
(1) All pipe fitters.
(m) All other production and maintenance employees, includ-
ing auto and Diesel mechanics, crane operators, knife grinders,
roll grinders, well-men, and oilers.
Panama City, Florida, plant (Case No. 15-RC-475)
(n) All millwrights.
(o) All steelworkers.
(p) All toolroom men, including machinists and blacksmiths.
(q) All sheet metal workers.
(r) All welders.
(s) All carpenters.
(t) All pipe fitters.
(u) All production and maintenance employees, including
metermen, auto mechanics, crane operators, mechanics, paper mill
turbine operators, the molder,.and firemen.
[Text of Direction of Elections omitted from publication in this
volume.]
LLOYD A. FRY ROOFING COMPANY and LOCAL 707, INTERNATIONAL
UNION OF OPERATING ENGINEERS, AFL , PETITIONER. Case No. 39-
RC-305. July 1 2,1951
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Clifford W. Potter, hearing
officer. The hearing officer's-rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel. [Members Houston, Reynolds, and Styles].
95 NLRB No. 19.