Container Corp. of America

National Labor Relations Board - Board Decisions

May 20, 1943

49 N.L.R.B. 929 (N.L.R.B. 1943)

In the Matter of CONTAINER CORPORATION OF AMERICA and DISTRICT
50, UNITED MINE WORKERS OF AMERICA
Case No. R--5306.-Decided May 00, 1943
Messrs. G. W. Parker, Jr., and J.,R. Neil, of Fort Worth, Tex.,
for the Company.
Mr. J. T. Barnett, of Dallas, Tex., for the Union.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
I
STATEMENT OF THE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, herein called the Union, alleging that a question affecting
commerce has arisen concerning the representation of employees of
Container Corporation of America, Fort Worth, Texas, herein culled
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Ralph S. Clifford, Trial
Examiner. Said hearing was held at Fort Worth, Texas, on May
5, 1943. 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.' The Company filed a
brief which the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Container Corporation of America has its principal office at Chi-
cago, Illinois, and it owns and operates a plant at Fort Worth, Texas,
' The Trial Examiner reserved ruling on the admission in evidence of the statement of
a Field Examiner concerning the representation showing of District 50 in connection with
another petition , 16-R-612, which was withdrawn on-or about April 2, 1943. Since Dis-
trict 50 ' s showing at such time is not relevant, for reasons hereinafter set forth, the
motion is hereby denied.
49 N. L. R. B., No. 132.
929
930 DECISIIONTS OF NATIONAL -LABOR RELATIONS BOARD
which is alone involved in this proceeding. The Company is engaged
in' the manufacture of paper products, and both corrugated and
folding cartons. During the first quarter of"1943 the Company pur-
chased for use at its Fort Worth, Texas, plant, raw materials valued
in excess of $10,000, of which 80 percent was shipped from points
outside the State of Texas. During the same period 14 percent of the
finished products manufactured at the Fort Worth plant was shipped
to points outside the State of Texas.
The Company concedes 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 organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union requested the Company to recognize it as the bargaining
representative for employees of the Fort Worth plant, and the Com-
pany replied by letter dated April 23, 1943, suggesting that the matter
be determined by the Board.
A statement of the Field Examiner,, introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
The Company contends that the Board should not now order an
election since it, claims that the Union has proportionately. fewer
adherents among its employees than on September 3, 1942, when the
Board held a consent election 3 which the Union lost. However,
since most of the Union's representation designations submitted for
the purposes of this proceeding were,obtained since the holding of
the consent election 4 which did not result in the selection of a repre-
sentative, and since the turn-over of Company, `personnel has been
so great that the vast majority of the Company's present employees .
in the unit have been hired since that time,5 we see no reason for
not proceeding with a present determination of representatives.
2
The Field Examiner `reported that the Union submitted 88 designations, of which 79
bearing apparently genuine original signatures , correspond with names on the Company's
pay roll of Apr ii 12, 1942, containing 195 names
Case No 16-R-515 In the coirsent election there were 120 eligible voters and of 100
votes cast, 48 were for the union and 50 against
4 Of the 79 designations which the Field Examiner reports correspond with names on
the Company ' s pay roll, 64 are dated subsequent to 'the consent election.
Tlie Comiiany ' s personnel manager 'testified that the Company now e 'nrploys substan-
tiallyy "a new '§et of employees " and'that 112 of the 195 -employees presently in the ' appro-
priute*6hit halve been'eWiployed Tess than 6 month's.
B Matter of Chrysler Corporation and International Union, United Automobile , Aircrhlt
d Agricultural Implement Workers of America, affiliated with the-C. I. '0.,'-37 N. 1.7d. B.
877.
CONTAINER CORPORATION OF AMERICA 931
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 APPROPRIATI^ UNIT
In accordance with a stipulation of the parties made at the hear-
ing, we find that all production and maintenance employees of the
Company at its Fort Worth, Texas, plant, including hourly paid
production employees who do some clerical work, and excluding all
office and regular clerical employees, supervisory employees having
the authority to recommend hire and discharge whether salaried or
hourly paid, technical employees, and salesmen, 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
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 Direct' 1011.7
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 2, as amended, it
is hereby
DIRECTED: that, as part of the investigation to ascertain represent-
atives,forJhe,purposes of'collecti-%;e,bargaining \yith Container Cor-
poration of America, Fort Worth, Texas, an election by secret ballot
shall be coitducted 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 Sixteenth Region, acting in
T The Company contends that employees in the armed forces, numbering approximately
37, should be afforded an opportunity to vote by ballot, and to facilitate the procedure ii
offers a list of their addresses. The delays and difficulties incident to balloting by mail
caused us to discontinue the practice since December 1941. Our armed forces are at
present far more widely scattered. Accordingly, we shall not provide for balloting by mail
Matter,'of R 'C. Mahon Company and United Steelworkers of America, affiliated with the
C I'0;'49.'N. L R B. 142';fMatter`-of Wilson if Co', Inc"and Packinghofise Workeia
Organs,-mg Committee, Local No. 20, affiliated with C. 1 0., 37 N L R. B 944 IIowe\er,
we recognize the right of employees in the armed forces to vote by granting eligibility
to such of them as appear in person at the polls, as is our usual practice.
531647-43-vol. 49-60 0
932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
^this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, 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 present themselves in person
at the polls, -but excluding any who have since quit or been dis-
charged 'for cause, to determine whether or not they desire to be
represented by District 50, United Mine Workers of America, for the
purposes of collective bargaining.
0