Beveridge Paper Co.

National Labor Relations Board - Board Decisions

Jun 22, 1944

56 N.L.R.B. 1587 (N.L.R.B. 1944)

'In the the Matter of BEVERIDGE PAPER COMPANY and INDIANAPOLIS
PAPER PRODUCTS SPECIALTY UNION No. 509, AFFILIATED WITH INTER-
NATIONAL PRINTING PRESSMEN AND ASSISTANTS' UNION ,OF NORTH
AMERICA ' I ' ,
Case No. 9-R-1407.-Decided Jv'ne 02,1944
Messrs. Kurt F. Pantzer and George Rose, of Indianapolis , Ind., for
the Company. '
Mr. Arthur B. Welshans, of Indianapolis, Ind., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND '
DIRECTION' OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Indianapolis Paper Products Specialty
Union No. 509, affiliated with International Printing Pressmen and
Assistants' Union of North America, herein called the Union, alleging
that a question affecting commerce had arisen concerning the, repre-
sentation of employees of Beveridge Paper Company, Indianapolis,
Indiana, herein called the Company, the National Labor ' Relations
Board provided for an appropriate hearing upon due notice before
James A. Shaw, Trial Examiner.' Said hearing was held at Indian-
apolis, Indiana, on May 31, 1944. The Company and the Union
appeared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
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 opportunity 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
Beveridge Paper Company is an Indiana corporation with its prin-
cipal office at Indianapolis, Indiana. We are here concerned with its
plant at Indianapolis, Indiana, where it is engaged in the manufac-
56 N. L. R. B., No. 288.
1587
1588 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ture of paper board. The Company purchases more than 20 percent
of its raw materials from points outside'the State of Indiana. During
1943 the Company manufactured products at its Indianapolis plant
valued in excess of $500,000, more than 50 percent of which was shipped
to points outside the State of Indiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Indianapolis Paper Products Specialty Union No. 509, affiliated
with International Printing Pressmen and Assistants' Union of North
America, is a labor organization, admitting to membership employees
of the Company.
M. THE QUESTION- CONCERNING REPRESENTATION
On March 15, 1944, the Union requested the Company to recognize
it as exclusive collective bargaining representative of the employees
at the Indianapolis plant. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing indicates,that'the Union represents a substan-
tial number of employees in the unit hereinafter found to be
appropriate.'
We fnd 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
We find, in substantial agreement with a stipulation of the parties,
that- all production and maintenance employees at the Indianapolis
plant of the Company, including machine tenders, beater engineers,
and -truck drivers, but excluding watchmen, members of the clerical,
sales, and laboratory forces, foremen, and any other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend 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 means- of an election by secret ballot among
I
1 The Field Examiner reported that the Union presented 157 authorization cards. There
are approximately 191 employees in the appropriate unit.
BEVERIDGE PAPER COMPANY 1589
the employees within 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Beveridge Paper
Company, Indianapolis, Indiana, 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 supervision
of the Regional Director for'the Ninth 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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding any `who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
Indianapolis Paper Products Specialty Union No.,509, affiliated with
International Printing Pressmen and Assistants' Union of North
America, for the purposes of collective bargaining.