Mac Sim Bar Paper Co.

National Labor Relations Board - Board Decisions

May 27, 1943

49 N.L.R.B. 1205 (N.L.R.B. 1943)

In the M1atter of MAC SIM BAR PAPER COMPANY and INTERNATIONAL
BROTHERHOOD OF FIREMEN & OILERS, A. F. OF L.
Case No. R-5332.-Decided May 27, 1943
Mr. Finley F. Bell, of Otsego, Mich., for the Company.
Mr. John R. Harr*s, of Kalamazoo, Mich., for the Union.
Mr. Louis Cokin, df counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a second amended petition duly filed by International Broth-
erhood of Firemen & Oilers, A. F. of L., herein called the Union,l
alleging that a question affecting commerce had arisen concerning
the representation of employees of Mac Sim Bar Paper Company,
Otsego, Michigan, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Robert J. Wiener, Trial Examiner. Said hearing was held
at Otsego, Michigan, on May 6, 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Mac Sim Bar Paper Company is engaged in the business of manu-
facturing paper board at Otsego, Michigan. During 1942 the Com-
'The original and first amended petitions were filed by Local 99 of the Union. The
record indicates that Local 99A of the Union admits to membership the employees involved
herein.
49 N. L. R. B., No. 177.
1205
1206 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
pany used materials valued at about $1,496,000, approximately 75
percent of which was shipped to it from points outside the State
of Michigan. During the same period the Company sold products
valued at about $3,600,000, approximately 90 percent of which was
shipped to points outside the State of Michigan.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Firemen & Oilers, Local No. 99A, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collec-
tive bargaining representative of any of its employees until such time
as the Board determines which employees of the Company constitute
an appropriate unit.
A statement of the Trial Examiner, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.d
lWe 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
Relations Act.
IV. THE APPROPRIATE 17NIT
The Union urges that all employees of the Company, excluding
supervisory, clerical, and powerhouse employees,3 constitute an appro-
priate unit. The Company took no position with respect to the
appropriateness of the unit urged by the Union. 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, excluding supervisory,
clerical, and powerhouse employees, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the Act.
V. THE DEITRMINATION OF RPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
2The Trial Examiner reported that the lUnion presented 1SO authorization cards bear-
ins apparently genuine signatures. No (heek was lmade of said cards against any pay roll
of the Company because of the Company's refusal to submit its pay roll. There are approx-
imately 286 employees in the appropriate unit.
T3 he powerhouse eployees are presently cvered by a contract between the Company
and Local 99 of the Union, which does not expire until February 26, 1944.
MAC SIM BAR PAPER COMPANY 1207
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 I)irection.
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 Relations
Board Rules and Regulations-Series 2, as-amended, it is hereby
.DIRErcED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Mac Sim Bar
Paper Company, Otsego, Michigan, 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 Seventh 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 International Brother-
hood of Firemen & Oilers, Local No. 99A, affiliated with the Ameri-
can Federation of Labor, for the purposes of collective bargaining.