Cook Waste Paper Co.

National Labor Relations Board - Board Decisions

May 22, 1943

49 N.L.R.B. 1065 (N.L.R.B. 1943)

In the Matter of COOK WASTE PAPER COMPANY and WAREHOUSE AND
DISTRIBUTION WORKERS UNION , I. L. W. U., C. I. O.
Case No.R-53'87.Decided May ^?2,191E3
Mr. Louis A. Spiess, of Washington, D. C., for the Company.
Mr. James M. Moore, of Washington, D. C., 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 Warehouse and Distribution Workers
Union, I. L. W. U., C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Cook Waste Paper Company, Washington, D. C.,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Anthony
Moline, Trial Examiner. Said hearing was held at Washington, D. C.,
on April 23, 1943. The Company and the Union appeared, partici-
pated, 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Cook Waste Paper Company is engaged in the waste paper busi-
ness at Washington, D. C. The Company handles products valued in
excess of $100,000 annually, all of which is shipped to points outside
the District of Columbia.
49 N. L. R B., No. 152.
1065
1066 DECISIONS OF NATIONAL LABOR RELATIONS BOA(RiD
II. THE ORGANIZATION INVOLVED
Warehouse and Distribution Workers Union, I. L. W. U., is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 27, 1943, the Union requested the Company to recognize
it as the exclusive representative of its employees. The Company re-
fused this request.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.'
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 National Labor Re-
lations Act.
IV. THE APPROPRIATE UNIT
The Union contends that all employees of the Company, including
truck drivers and helpers, but excluding supervisory and clerical em-
ployees and contract truck drivers and helpers who are not in the direct
employ of the Company, constitute an appropriate unit. The Com-
pany took no position with respect to the unit. Evidence introduced
at the hearing indicates that the employees claimed by the Union are
closely related from a functional standpoint.
We find that all employees of the Company, including truck drivers
and helpers, but excluding supervisory and clerical employees'and con-
tract truck drivers and helpers who are not in the direct employ of the
Company, 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
the employees 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.
The Regional Director reported that the Union presented 25 authorization cards bear-
ing apparently genuine signatures of persons whose names appear on the March 24, 1943,
pay roll of the Company . There are approximately 50 persons in the appropriate unit
CO'O'K WASTE PAPER COMPANY
DIRECTION OF ELECTION
1067
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 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 Cook Waste Paper
Company, Washington, D. C., 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 Fifth Region, acting in 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 discharged for cause, to determine, whether or not
they desire to be represented by Warehouse and Distribution Workers
Union, I. L. W. U., affiliated with the Congress of Industrial Organ-
izations, for the purposes of collective bargaining.
I