The Mead Corp.

National Labor Relations Board - Board Decisions

Oct 31, 1944

58 N.L.R.B. 1645 (N.L.R.B. 1944)

In the Matter of TIIE MEAD CORPORATION and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA
Case No. 10-R-1273.Decided October 31, 1944
Kelly, Penn ct Hunter, by Mr. E. G. Hunter, of Kingsport, Tenn.,
for the Company.
Messrs. J. Carl Bunch and H. B. Moore, both of Kingsport, Tenn.,
for the Union.
Mr. Harry Nathanson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by District 50, United Mine Workers of
America, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Mead Corporation, Kingsport, Tennessee, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Melton Boyd, Trial Examiner.
Said hearing was held at Kingsport, Tennessee, on October 9, 1944.
The Company and the Union 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 Company moved to dismiss the petition, and the
Trial Examiner referred the motion to the Board for determination.
For reasons hereinafter stated, this 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 oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Mead Corporation is an Ohio corporation with its principal
offices in Chillicothe, Ohio. It is engaged in a number of operations
among which is the Kingsport Division. It is with this Division that
58 N. L. It B., No. 296.
609591--45-vol. 58-109
1645
1646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
we are concerned herein. The Kingsport Division is engaged in the
manufacture of paper and soda pulp for paper manufacture. Its
annual purchases are in excess of $1,500,000, of which approximately
90 percent is shipped to it from points outside the State of Tennessee.
The total value of its products finished annually is in excess of $6,-
000,000, of which approximately 93 percent is shipped by it to points
outside the State of Tennessee. A part of its products is sold as sup-
plies to various divisions of the Federal Government.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
On May 21, and December 17, 1943, consent elections were held among
-the Company's employees at the Kingsport Division in substantially
the same unit hereinafter found appropriate. The Union, the only
participant, lost both elections.
The company contends that no election should be held at this time
and that the petition should be dismissed because of the short time
which has elapsed since the two prior elections and because of the fact
that frequent organizational drives and elections tend to interfere with
production. The Union submitted new evidence of a substantial repre-
sentation among the Company's employees consisting of at least 410
applications for membership dated since the last consent election.'
Our experience negates the Company's second contention. In view
of the foregoing, we are of the opinion that the contentions of the
Company are without merit.2
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.3
See footnote 3, snfia
2 Matter of Owens-Coining Fnbo9las Corporation , 58 N 1, R R 704 , Matter of
Wagner Electric Corporation, 53 N L R B 543; Matter of Bh own Shoe Company, 55
N L R B 1411
3 The Field Examiner reported that the Union submitted 575 application -for-membership
can ds, of which 410 bore apparently genuine original signatures of persons appearing on the
Company's pay roll for the week ending August 26, 1944 ; that all 410 cards were dated after
the last consent election , and that said pay roll contained the names of 783 employees within
the alleged appropriate unit
At the hearing the Trial Examiner reported that the Union submitted 67 additional appli-
cations, 65 of which were dated September 1944 and 2 October 1944.
THE MEAD CORPORATION 1647
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
The Union desires a unit' consisting of all production and mainte-
nance employees of the Kingsport Division, including steam, electric
and water plant employees, wood yard employees, and inspection de-
partment employees, but excluding watchmen, guards, passenger car
chauffeurs, hospital, restaurant, laboratory, engineering and technical
employees, wood procurement department employees, sales service
department employees, administrative, clerical, and supervisory em-
ployees. The Company agrees that the unit sought is appropriate, but
contends that the inspection department employees should be excluded
on the ground that they are, in fact, part of the sales service department.
The Company employs approximately 16 employees in the inspection
department, which is, as the Company asserts, a part of the sales service
department, and is comprised of inspectors and sample carriers. The
inspection department is, in effect, a quality control department. The
duties of the inspectors are to record and conduct routine tests, both
mechanically and chemically, on the finished products, whereas the duty
of the sample carriers is to deliver samples from the production depart-
ment to the inspection department. These employees are hourly paid
workers receiving wages within the range of production employees.
They punch a time clock and have no supervisory authority or special
training. Ten of these employees signed applications for membership
in the Union. The Company acknowledges that substantially the same
classifications of workers were included by the Board in a unit of
procluc`ion and maintenance employees at the Company's Sylva Divi-
sion.} We are of the opinion that inspection department employees
properly may be included within the unit.
We find that all production and maintenance employees of the Com-
pany's Kingsport Division, including inspectors and sample carriers
in the sales service department, steam, electric and water plant em-
ployees and wood yard employees, but excluding watchmen, guards,
passenger car chauffeurs, hospital, restaurant, laboratory, engineering
and technical employees, wood procurement department employees,
sales department employees (except for inspectors and sample car-
riers ), administrative and clerical employees, and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of -employees, or effectively- recommend
4 Afatter of Head Corporation , Sylea Division , 57 N L R B 1090 In that case teeters
and cairiers were employed in the " laboratory," but were engaged in operations comparable
to those of inspectors and carriers in the sales service department in this rase
1648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
'DIRECTED -that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Mead-Corpo-
ration, Kingsport, Tennessee, 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 Tenth 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
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 pre-
sent 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 District 50, United
Mine Workers of America, for the purposes of collective bargaining.