The Bartgis Brothers Co.

National Labor Relations Board - Board Decisions

Mar 10, 1945

60 N.L.R.B. 1157 (N.L.R.B. 1945)

In the Matter of THE BARTGIS BROTHERS COMPANY and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
Case No: 5-R4802.-Decided- March 10, 1945
Baldwin, Jerman cQ Norris, by Mr. James J. Doherty, and Mr. Jacob
Blum, of Baltimore, Md., for the Company.
Messrs. George Caragian, Elwood Moffatt, and Joseph A. Mellish,
of Baltimore, Md., for the Union.
Mr. Paul Bisgyer, 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 Bartgis Brothers Company,' Illchester, Maryland, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Earle K. Shawe, Trial
Examiner. Said hearing was held at Baltimore, Maryland, on Febru-
ary 14,1945. 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. The Trial Examiner's rulings, made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were af-
forded an opportunity 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 TIIE COMPANY
The Bartgis Brothers Company; a -Maryland corporation, -is engaged
in the manufacture of paper board and cartons at its only plant at
Illchester, Maryland. The Company annually purchases raw mate-
1 Name as amended at the hearing.
60 N L. R. B., No. 196.
1157
1158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rials valued in excess of $300,000, of which more than $100,000 repre-
sents the value of raw materials obtained from sources outside the State
of Maryland. Its finished products annually exceed $500,000 in value,
of which shipments of substantial value are made to points outside
the State.
The Company,does not deny, and we find, that it is engaged in com-
merce 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
By letter dated January 16, 1945, the Union notified the Company
that it represented a majority of the Company's employees and re-
quested a conference for the purpose of negotiating a collective bar-
gaining agreement. The Company did not reply to the Union's letter.
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.2
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. TILE APPROPRIATE UNIT
In accordance with the Union's unopposed request, and upon the
entire record, we find that all hourly paid production and maintenance
employees of the Company, including plant clericals, the pay-roll
clerk (Finishing Department), the carpenter and the carpenter helper
(Village and Plant Buildings Maintenance), lunchroom employees,
trainees, bus drivers, chauffeurs, the millwright foreman (Board Mill
Department), the night foreman (Cutting and Creasing Department)-,
the supervisor (Shipping Department) ,3 but excluding all office cleri-
cal employees, supervisors (Finishing Department) ,4 the head car-
penter (Village and Plant Buildings Maintenance), and all other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
z The Field Examiner reported that the Union submitted 186 membership cards, and
that there were approximately 300 employees in the alleged appropriate unit.
8 The millwright foreman ( Board Mill Department), the night foreman ( Cutting and
Creasing Department ), and the supervisor ( Shipping Department ), work along with the
small number of employees each directs, and do not possess such Indicia of supervisory
status as would warrant their exclusion.
4 There are 2 supervisors in the Finishing Department and they devote between 90 and
100 percent of their time to supervising approximately 60 employees. _
THE BARTGIS BROTHERS COMPANY 1159
effectively recommend 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 Elec-
tion 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, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Bartgis
Brothers Company, Illchester , Maryland , an election by secret ballot
shall be conducted as early as possible, but not later than sixty (60)
days from the date of this Direction , under the direction and super-
vision 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, 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 present themselves in person at the
polls, but excluding those employees who have since quit or been dis-
charged 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.