The Brown Paper Mill Co., Inc.

National Labor Relations Board - Board Decisions

Sep 15, 1944

58 N.L.R.B. 283 (N.L.R.B. 1944)

In the Matter of THE BROWN PAPER MILL COMPANY, INC. and INTER-
NATIONAL BROTHERHOOD OF PULP, SULPHITE AND PAPER MILL
WORKERS, AND INTERNATIONAL BROTHERHOOD OF PAPER MAKERS,
AFFILIATEi) WITH AMERICAN FEDERATION OF LABOR
Case No. 15-R-1160.-Decided September 15,1944
Messrs. L. J. Benckenstein and George E. Duncan, of Beaumont,
Tex., and Mr. Clyde R. Brown, of Monroe, La., for the Company.
Mr. Godfrey Ruddick, of Bogalusa, La., for the Pulp Workers.
Mr. Denver Lambert, of Bogalusa, La., for the Paper Makers.
Mr. Paul Bisgyer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OT THE CASE
Upon a joint petition 1 duly filed by 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, both affiliated with American Federation of
Labor, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Brown Paper Mill
Company, Inc., Monroe, Louisiana, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Laurence H. Whitlow, Trial Examiner. Said
hearing was,held at Monroe, Louisiana, on July 18, 1944. The Com-
pany, the Pulp Workers and the Paper Makers appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. At the opening and conclusion of 'the hearing, the
Company moved to dismiss the petition on various grounds. The
Trial Examiner referred the motions to the Board for determination.
For reasons hereinafter appearing, the motions are denied. The Trial
Examiner's rulings made at the hearing are free from prejudicial
1 Contrary to the Company's contention, nothing in the National Labor Relations Act
or the Board Rules and Regulations prohibit the filing of a joint petition for 'certification
of representatives by two or more unions.
58 N. L. R. B:, No. 57.
283
284 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD
error and are hereby affirmed. All parties were afforded an oppor-
tunity 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
The Brown Paper Mill Company, Inc., is a Delaware corporation
engaged in the manufacture of Kraft paper and paper board at its
plant near Monroe, Louisiana. It annually produces approximately
170,000 tons of such products, about 90 percent of which is shipped
outside the State of Louisiana. Approximately 40 percent of the
raw materials used in its processes comes from outside the State of
Louisiana.
The Company does not deny, and we find, that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Pulp, Sulphite. and Paper Mill
Workers and International Brotherhood of Paper Makers, both
affiliated with the American Federation of Labor, are labor organiza-
tions admitting to membership employeeg, of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the 'Pulp Workers and Paper Makers,
on May 22, 1944, notified the Company by joint letter that they repre-
sented a majority of its employees, requesting that the Company meet
with them for bargaining purposes, and that the Company refused
unless the unions furnish' certain proof of their membership and
'authority.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Pulp Workers and Paper Makers represent a
substantial number of employees in the unit hereinafter found appro-
priate.2
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.
2 The Field Examiner reported that the Pulp Workers and Paper Makers submitted 339
authorization cards bearing the names of persons listed on the Company's pay roll of
July 1, 1944, which contained the names of 622 employees in the appropriate unit. The
Company's contention that, since neither the Pulp Workers nor Paper Makers has shown
that it was designated by a majority of the employees in the alleged appropriate unit the
petition should be dismissed, is untenable. The record and Field Examiner's report suffi-
ciently indicate that the unions were designated by a substantial number of employees,
which is the sole requirement in this proceeding.
THE BROWN PAPER MILL COMPANY, INC.
IV. THE APPROPRIATE UNIT
285
In their joint petition, the Pulp Workers and Paper Makers sought
a single unit of all the Company's production and maintenance em-
ployees, excluding management personnel and office employees. At
the hearing, they amended their petition and now request two separate
units, one to be represented by the Pulp Workers, comprised of the
Company's employees falling within its claimed jurisdiction, and
the other to be -represented by the Paper Makers, composed of the
employees falling within its claimed jurisdiction.3- -Ostensibly, this
division is predicated upon the Company's allegedly separate opera-
tions, namely, the pulp mill and paper mill.' More specifically, the
Pulp Workers' unit would encompass the employees in the screen,
digester, evaporator, recovery, press, caustic and wood rooms, andi
wood yard, all of which are apparently -located in the pulp mill, in-
cluding tour foremen or bosses, together with the powerhouse em-
ployees and the railroad crew. The Paper Makers' unit, on the other
hand, would consist of the employees in the refining (Jordan) room,
paper machine room, finishing and shipping departments, all of which
are apparently located in the paper mill, including tour foremen or
bosses, together with the storeroom clerks, locker room men, and all
maintenance employees under the supervision of the master mechanic.
Both unions would exclude from their respective units supervisory
personnel above the rank of tour foremen or boss, clerical employees,
switchboard operators, office porters, watchmen, draftsmen, safety-
first director and employees, personnel director, grass cutter, plant
nurse, gatehouse employees (timekeepers), land and timber in-
spectors, laboratory employees, paper inspectors and helpers, head
machinist, storekeeper, fire chief and his helper. The Company ob-
jects to the division of its employees into two units and argues, in
effect, that this will lead to confusion and uncertainty as to which
bargaining unit the employees would belong. However, it does not
appear that the Company is averse to establishment of a single plant-
wide unit. In fact, it seems to urge in its brief, a more comprehensive
tin it than the combined units of both unions.
From the record, we are persuaded that a single plant-wide unit,
with the exclusions hereinafter set forth, is most feasible and appro-
priate in the circumstances.' To establish two units would create
3 The units sought do not overlap . The Company's contention that there is a Jurisdic-
tional dispute between the unions , is wholly without merit.
* While the record shows that the pulp mill and paper mill perform their operations in-
the same building under their respective superintendents , and have the same general floor
plan, it fails to disclose the precise nature of their operations.
"It is significant that, the Paper Makers , in a prior proceeding , petitioned for, and the
Board found to be appropriate , a single plant-wide unit of all the Company 's production
and maintenance employees Matter of The Brown Paper Mill Company, Inc ., 45 N. L. R. B.
1227, decided December 9, 1942.
286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
anomalous situations. Thus, certain maintenance employees, such
as pulp millwrights, pipe fitters and several electricians, all under
the supervision of the master mechanic, would be included in the unit
sought by the Paper Makers, despite the fact that they are practically
permanently assigned to the pulp mill. Moreover, there are labor
gangs, welders, tinsmiths, carpenters, and painters who work through-
out the plant, both in the pulp mill and paper mill, and who would,
nevertheless, fall into the Paper Makers' unit. Yet, the railroad crew,
which not only performs functions for the pulp mill, but also "makes
up- the train" for the paper mill for the shipment of paper, would be
included in the Pulp Workers' unit. Finally, the maintenance em-
ployees of the powerhouse and railroad would be placed in the unit
requested by the Pulp Workers, and would consequently be segregated
from the employees performing similar duties under the supervision
of the master mechanic. In view of the foregoing, we are not con-
vinced that a logical basis exists for dividing the Company's em-
ployee's into two units.
There remains for consideration the particular composition of the
unit. We approve the exclusions proposed by the unions with minor
exceptions .6
Fire chief and his helper: They maintain the plant fire equipment in
operating condition, uncover fire hazards, and assist in the training
of fire-fighting crews. The Paper Makers would exclude them. Since
they are under the maintenance department, and the fire chief possesses
no supervisory authority, we shall include them in the unit.
Lime kiln and recovery furnace repairmen: They are under the
direct supervision of the pulp mill superintendent and his assistant.
It appears that they, too, do maintenance work and shall therefore
be included in the unit.
Priority statistician and helper: Their duties entail checking and
posting of records of material and determining whether completed
orders conform to priority regulations. Since their work is of a cleri-
cal nature, they will be excluded.
Trudk drivers and truck mechanic: The Company operates a few
dump trucks and a town truck for transporting freight from town.
The master mechanic has charge of the trucks and supervises the
drivers and truck mechanic who maintains the trucks. We shall in-
clude the truck drivers and the truck mechanic.
Knife grinder: He works in the wood room under the pulp mill
superintendent. Since his work is of a maintenance nature, he will
be included.
6 Apart from the fire chief and his helper and watchmen, either the unions took no
position with respect to the inclusion or exclusion of the employees hereinafter discussed,
or their position was not stated on the record with clarity.
THE BROWN PAPER MILL COMPANY, INC. 287
Water well maintenance men: They are under the supervision of
the master mechanic and will therefore be included.
Watchmen: In view of the fact that there are no watchmen in the
Company's employ, no finding will be made with respect to them.
We find that all the production and maintenance employees of the
Comjiany, including the fire chief and his helper, the lime kiln and
recovery furnace repairmen, locker room men, truck drivers, truck
mechanic, knife grinder, water well maintenance men, employees of
the wood yard, powerhouse employees, railroad crew and storeroom
clerks, but excluding clerical employees, priority statistician and his
helper, switchboard operators, office porters, draftsmen, safety-first
director and employees, personnel director, grass cutter, plant nurse,
gatehouse employees (timekeepers), land and timber inspectors, lab-
oratory employees, paper inspectors and helpers, head machinist,
storekeeper, = and all other 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.T
V. THE DETERMINATION OF REPRESENTATIVES
The Pulp Workers and Paper Makers request that eligibility to
vote be determined by the pay roll checked by the Field Exuniner,
or the pay roll of the date of the petition. We find no reason war-
ranting departure from our well-settled rule and shall direct that the
question concerning representation which has arisen be resolved- by
an election by secret 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 limi-
tations and additions set forth in the Direction.
We shall place both unions jointly on the ballot and if they are
selected by a majority of the employees voting in the election herein-
after directed, they will be jointly certified as the single representative
of the employees comprising the unit." C
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,
'The evidence is not clear with respect to the supervisory status - of gang pushers,
including one, Harvey May, and tour foremen or bosses . In the event these employees
fall within our customary definition of supervisory employees, set forth above, they shall
be excluded from the unit , if not, they shall be included in the unit.
6 Matter of Marshall Stove company, 57 N. L R B 375
288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DmECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Brown Paper
Mill Company, Inc., Monroe, Louisiana, an election 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 super-
vision of the Regional Director for the Fifteenth Region, acting in
this matter as agent for the National Labor Relations -Board acid- sub-
ject 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 during the pay-roll period immediately
preceding the date of this Direction, including 'employees who did not
work during the said pay-roll period because they were ill or on vaca-
tion 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 dis-
charged 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 International Brotherhood of Pulp,- Sulphite, and
Paper Mill Workers and International Brotherhood of Paper Makers,
both affiliated with the American Federation of Labor, jointly for the
purposes of collective bargaining. '
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