Peavey Paper Products Co.

National Labor Relations Board - Board Decisions

Aug 1, 1942

42 N.L.R.B. 1213 (N.L.R.B. 1942)

In the Matter of PEAVEY PAPER PRODUCTS COMPANY and DISTRICT 50,
UNITED MINE WORIURS OF AMERICA, (CIO)
Case No. R-!09-Decided August 1, 1942
Jurisdiction :, paper products manufacturing industry
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitioner recognition unless certified by Board, laid-off em-
ployees who retained their employee status held eligible to vote, election
necessary
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of the Company, excluding employees in the Machine Room and the
Beater Room, salesmen, office, clerical, executive and supervisory employees
Mr 04 Falge, of Ladysmith, Wis, for the Company.
Mr William F. Wydallis, of Oshkosh, Wis , for District 50
Mr. Raymond A. Richards, of Appleton, Wis, and Mr Rasmus An-
derson, of Green Bay, Wis, for the Pulp Workers.
Mr. Emil A Noren, of Rothschild, Wis, for the Paper Makers.
Mr Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, (CIO), herein called District 50, alleging that a question
affecting commerce had arisen conceiving the repiesentation of em-
ployees of Peavey Paper Products Company, Ladysmith, Wisconsin,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Stephen M.
Reynolds, Trial Examiner. Said hearing was held at Ladysmith, Wis-
consin, on July 3, 1942 The Company, District 50, International
Brotherhood of Pulp, Sulphite and Paper Mill Workers, herein called
the Pulp Workers, and International Brotherhood of Paper Makers,
herein called the Paper Makers, appeared, participated, and were af-
42 N L R B No 223
1213
1214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
folded full opportunity to be heaid, to examine and cross-examine
witnesses, and to introduce evidence beaiing on the issues The Trial
Fxaminei's rulings made at the hearing are free from piejudicial erior
and aie hereby affirmed
Upon the entire recoi d a n, the case the Board makes the following :
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Peavey Paper Products,Company is a Wisconsin coipoiation opeiat-
ing a plant a Ladysmith, Wisconsin, at which it manufactures various
paper products, piincipally toilet tissues, paper towels, and paper
napkins The piincipal raw materials used by the Company are coal,
pulp, and wood During 1941 the Company puichased raw materials
valued at $369,000 00, of which 48 percent was shipped to the plant
in Ladysmith from points outside the State of Wisconsin ` Doting the
same period, the Company also purchased manufactuting supplies,
consisting of felts and boxes valued at $157,000 CO, of which 59 percent
oiiginated outside the Sfate&of Wisconsin During the same period,
the Company sold finished products valued at $1,131,46100, 90 peicent
of which was shipped` to points outside the State of Wisconsin The
Company concedes that it is engaged in commerce within the meaning
of the National Labor Relations Act
II TIIE ORGANIZATIONS INVOLVED
District 50, United'Mine,Workers of Anmerica, (C I 0 ), is a labor,
organization admitting to membership employees of the Company
International Brotherhood of-Pulp, Sulphite and Paper Mill Woik-
eis and International Biotheihood of Papei Makers, aie labor organi-
zations affiliated with the Ameiican Federation of Labor, admitting
to membership employees of the Company
III THE QUESTION CONCERNING REPRESENTATION
On April 29, 1942, Disti ict 50 notified the Company that it repre-
sented a majority of the Company's employees and requested recog-
nition as their collective baigaining repiesentative The Company
declined such recognition unless District 50 was ceitified by the Board.
A report of the Regional Director, introduced into evidence at the
heaiing, indicates that District 50 and the Pulp Woi ket s iepresent
PEAVEY PAPER PRODUCTS COMPANY 1215
substantial numbers of employees within the unit which we hereinafter
find to be appropriate i
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act
IV THE APPROPRIATE UNIT
District 50 contends that all the Company's production and main-
tenalice employees, excluding salesmen, office, clerical, executive, and
supervisory employees, constitute an appropriate unit; or, in the alter-
native, that all production and maintenance employees, excluding em-
ployees in the Machine Room and the Beater Room, salesmen, office,
clerical, executive, and supervisory employees, constitute an appro-
priate unit The Company takes no position
Although not iequesting an election, the Paper Makers and the Pulp
Workers contend that there should be two bargaining units, one con-
sisting of production and maintenance employees in the Machine
Room and the Beater Room, the other consisting of the remaining
production and maintenance employees.
Zhe Company has recognized and bargained with the Paper Makers
and the Pulp Workers since June 7, 1938, upon the basis of the units
for which those organizations are here contending 2
Under such cncumstances we are of the opinion, and find, that
all production and maintenance employees of the Company, exclud-
ing employees in the Machine Room and the Beater Room, salesmen,
office, clerical, executive; and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act I
i District 50 submitted to the Regional Dnector ipplicition-baigaining authorisation
cards indicating that it represented 66 of a total of 121 production and mintenance em-
ployees on the Company's pay roll of May 22, 1942
7 he ]'oil) worker 'ulim.tted its membership record indicating that it represented 11 of
approximately 91 employees on the Mrv 22 pay roll of production and maintenance em-
ployees, excluding the Machine Room, and Beater Room employees
The Parer Makers submitted a certidi d list of nienibersnip indicating that it represented
28 of 30 Mac ine Rooin and Beater Room employees on the May 22 pay roll
District co submitted to the Regional Dire( tor evidence that it represented only one
employee in the Machine Room and the Beater Room and declined it the hearing to submit
further ev deice of representation tterein although accorded an opp utunity to do so
2 On June 7, 1038, the Conipany entered into a written contract for 1 year with the
Paper Makers and the Pulp Worheis Since the expiration of that agreement no other
written contract has been entered into because the parties have been unable to agree upon
terms, but the main pio isions of that contract halve been continued by oral understanding
The Paper Makers and the Pulp workers hale continued, since the expiration of the
agreement , to negotiate wage increases and grievances in their respective units
8 Since Distiict 50 failed to submit evidence that it represents any substantial number
of employees in the Machine Room and the Beater Room , no question has arisen concerning
the representation of those employees
1216 DECISIONS OF` NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
Due to production changes caused by the war, the Company has
been required to eliminate the manufacture of many specialized items,
resulting in the lay-off of over 30 employees in the appropriate unit
since May 22, 1942 District 50 contends that these employees should
be allowed to vote. The Pulp Workers and the Paper Makers con-
tend that they should not vote The Company indicated no definite
position. ' The Company's normal policy has been to consider laid-off
employees as ietaining then employee status for 6 months. Although
the Company's president indicated doubt as to whether the men who
had been laid off would be reemployed, we are of the opinion that
under the circumstances presented the Company's normal lay-off
policy should be followed in defining which employees are temporarily
laid off Employees who wei e laid off within 6 months prior to the
termination of the pay-roll pei iod by which eligibility is determined
will therefoie be permitted to vote as temporarily laid off.
District 50 requested that the eligibility to vote be determined by
a pay ioll of about May 15 The Company, the Pulp Workers, and
the Paper Makeis request a cuirent pay roll. We shall direct that
the question concerning iepresentation which has arisen be resolved
by an election by seciet ballot among the employees in the appropriate
unit, who were employed during the pay-roll period immediately pre-
ceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction. -
Since the Paper Makers indicates no interest in employees in the
unit found appropriate, the name of that organization will not be
placed on the ballot.
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 Rela
tions At, 49 Stat. 449, and pursuant to AI title III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2;
as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Peavey Paper
Products Company, Ladysmith, Wisconsin, an election by secret ballot
shall be conducted as early as possible, but not later than thiity (30)
days from the date of this Direction of Election, under the direction'
and supervision of the Regional Director for the Twelfth 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,
PEAVEY PAPER PRODUCTS COMPANY ' 1217
among the employees of the Company in the unit found to be appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction of Election,
including employees who did not work during such pay-roll period
because they were ill or on vacation or in the active military service
or training of the United States, or tempos ai ily laid off, but ex-
cluding any who have since quit or been discharged for cause, to
determine whether they desire to be represented by Distinct 50, United
Mine Workers of America, affiliated with the Congress of Industrial
Organizations, or by International Brotherhood of Pulp, Sulphite
and Paper Mill Workers, affiliated with the American Fedeiation of
Labor, foi the purposes of collective bargaining, or by neither.
MR GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election
472x314-12-vol 42-77