West Virginia Pulp and Paper Co.

National Labor Relations Board - Board Decisions

Jun 3, 1958

120 N.L.R.B. 1281 (N.L.R.B. 1958)

WEST VIRGINIA PULP AND PAPER CO. 1281
New employees are assigned first to a general utility classification
for training and then assigned to a regular classification. Approxi-
mately 100 will be permanently assigned in May. The record indi-
cates that production employees are interchangeable because of a,
similarity of job requirements in the various departments.
In its brief the Employer contends that an election earlier than
June 1958 would be premature because of the expected expansion in
work force. However, no testimony was taken as to what the work.
complement would be in that particular month except that it would.
increase at the rate of about nine a month. The record does show
that at least one-fourth of the work force will be employed in May
1958, utilizing the skills of, or in training to utilize the skills of, the.
full employee complement. In the circumstances we see no reason to,
depart from our usual rule in directing an election. We believe that.
the working force which will be employed when the election directed
herein is held, will be a substantial and representative segment of the
employees to be employed in the unit.'
[The Board dismissed the petition in Case No. 21-RC-5091.]
[Text of Direction of Elections omitted from publication.]
8 See General Motors Corporation , 111 NLRB 841, 844; Walton-Young Corp., 117
NLRB 51.
West Virginia Pulp and Paper Co. and International Brotherhood
of Electrical Workers, Local Union No. 1753 , AFL-CIO. Case
No. 11-RM-5f. June 3, 1958
DECISION, ORDER, AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor-
Relations Act in Case No. 11-RM-52, and thereafter consolidated for
hearing with the motion of the Employer for clarification of the
certifications in Cases Nos. 11-R-1167 and 1357, a hearing was held
before Jerold B. Sindler, hearing officer.' The hearing officer's rulings.
1 The motion to amend and clarify concerns two 1944 certifications of the Board in cases
originally numbered 10-R-1187 and 10-R-1357. The earlier case involves the Interna-
tion Association of Machinists, and the later the International Brotherhood of Paper
Makers and the International Brotherhood of Pulp, Sulphite and Paper Mill Workers..
The Employer 's motion included a similar clarification request concerning the contract
unit represented by the IBEW. This unit has never been certified by the Board. Because.
of the lack of certification for that unit , the Board , by order of January 17, 1958 , denied.
that portion of the motion to amend and clarify which had to do with the contract unit
of the IBEW, without prejudice to the filing of a petition for representation by the Em-
ployer. The Employer then filed the petition herein covering the unit represented by
the IBEW. As the contract between the Employer and the IBEW is about to expire, and
as the Employer desires that this unit be certified before further bargaining negotiations,
thus requiring that an election be held, we shall sever the RM petition from its consolida-
120 NLRB No. 163.
483142-59-vol. 120-82
1282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
made at the hearing are free from prejudicial error and are hereby
affirmed.
Upon the entire record in this proceeding , the Board 2 finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 ( 6) and (7) of the Act.
4. The Union has represented a unit of electricians at the Em-
ployer 's Charleston , South Carolina , plant for approximately 20 years.
This unit has never been certified by the Board although the current
bargaining contract which expires June 30, 1958, refers to a certified
unit . Over the years the contract unit has been expanded by the
parties until it now includes the powerhouse and instrument depart-
ment employees as well as the electricians . It includes approximately
84 employees . The parties disagree only as to the supervisory author-
ity of 4 shift engineers in the powerhouse group and 2 electrician
leadmen. The group of approximately 14 instrument men includes
no leadmen , and the parties agree that this group is supervised by an
instrument supervisor and a foreman.
The electrical group consists of 32 journeymen electricians and
10 helpers , with an electrical supervisor in charge. Currently there is
no assistant electrical supervisor as there has been in the past. Like
the supervisor , the two leadmen work on the day shift. One of them
is responsible for the electrical work in the pulp mill section, and the
other , who uses a bicycle to get around , for the electrical work in the
remainder of the mill. Two electricians are assigned to the electrical
shop. The supervisor also assigns electricians to work under the lead-
men, and the leadmen in turn assign work to the electricians and their
helpers. They direct the work being done, report on its progress
to the supervisor , and may themselves require that work be done over
if necessary . They also suggest needed repairs.
Journeymen electricians receive $2.75 an hour . The 2 leadmen are
paid 30 cents an hour more. They spend less than 5 percent of their
time working as journeymen , mostly in connection with emergencies
and with the training of new employees . The leadmen meet with the
supervisor each day but attend general supervisory meetings only
when they are substituting for a supervisor , as they do from time to
time . They make oral recommendations for the employee rating cards
which are filled out by the supervisor, and may grant employees time
off not exceeding 1 day. After applicants are interviewed by the
tion with the clarification motion , and issue this decision limited to the problems con-
-cerning the electrical unit
9 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated - its powers in connection with this case to a three -member panel
Members Rodgers , Jenkins, and Fanning].
WEST VIRGINIA PULP AND PAPER CO . 1283
supervisor, the leadmen also interview them and discuss their quali-
fications with the supervisor. For those electricians working on the
second and third shifts, when leadmen are not present, work assign-
ments are left by the supervisor. If an emergency develops on one
of those shifts, the electricians who are working will call the super-
visor, who may in turn call the leadmen.
On this record it seems clear that the two electrician leadmen re-
sponsibly direct the work of electricians assigned to the day shift.
Accordingly we find that they are supervisors within the meaning of
Section 2 (12) of the Act.'
The powerhouse has a complement of approximately 29 employees
headed by a power superintendent and a power and boiler supervisor,
both of whom work the day shift. There are 4 shift engineers to
provide around the clock duty 7 days a week, on a rotating basis. In
addition, on each shift employees in the following five classifications
work : powerhouse operator, power boiler operator, bark boiler op-
erator, powerhouse helper and boilerhouse helper. The highest paid
operator receives $2.87 an hour. Shift engineers are paid 25 cents an
hour more. The rest of the powerhouse group is made up of seven
powerhouse repairmen who, however, are supervised by the mechanical
supervisor. On the day shift the shift engineer goes throughout the
plant inspecting the water supply system, as well as assigning work
to a- group of day laborers who unload coal, remove ashes, and do
cleanup work. On the second and third shifts the shift engineers
remain in the area of the powerhouse and boilerhouse to be on hand
in case of ' emergency, and the powerhouse helper makes the water
supply inspections. On these two shifts the shift engineers may
grant time off. Together with the pulp mill foreman and boss ma-
-chine tender,, who are admittedly supervisors, the shift foreman on
these two shifts have primary responsibility for the functioning of the
plant.
There are also two technical assistants, not included in the unit,
who report to the power superintendent. A shift engineers meeting
is held once a month at which the two salaried supervisors and the
technical assistants are also present.
Shift engineers spend about 5 percent of their time in performing
the duties of an operator. Although they have no authority to hire or
-discharge, they make recommendations concerning the discipline and
the assignment of operators and helpers, which may be acted upon
by the supervisors. When a major piece of machinery such as a paper
machine is not operating on the second or third shifts, and the demand
for power is accordingly reduced, the shift engineer closely directs
the operation of the power equipment and keeps the tour foreman and
machine tender informed. Shift engineers make regular entries in'
the log book, which constitute about 90 percent of the notations.
3 See Ertel Mane facturdng Corp , 118 NLRB 1338.
1284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
It seems clear on this record that the shift engineers , who rotate
their schedules, are regularly in charge of a shift when working on
the second and third shifts. Because of that fact we find that they
responsibly direct the work of the powerhouse employees and are
supervisors within the meaning of the Act 4
The parties agree that the existing contract unit in which an elec-
tion is sought is appropriate. As this unit was established by collec-
tive bargaining, and is not repugnant to Board policy or so constituted
as to hamper employees in fully exercising rights guaranteed by the
Act, we shall not disturb it.5
Accordingly we find that all electricians, powerhouse and boiler-
house employees, and instrument department employees of the Em-
ployer at its Charleston, South Carolina plant, excluding electrician
leadmen and shift engineers, all other production and maintenance
employees, office clerical employees, plant clerical employees, profes-
sional employees, technical employees, guards, watchmen, and super-
visors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
[The Board severed the petition from the current proceedings in,
Cases Nos. 11-R-1167 and 11-R-1357.]
[Text of Direction of Election omitted from publication.]
4 See Ford Motor Company, 100 NLRB 813, 819, footnote 15, where shift engineers
responsible to the chief engineer for the operation of the various shifts were excluded
as supervisors ; compare International Plainjleld Motor Company , 67 NLRB 92, 94, where
the three shift engineers in question were held not to be supervisors because one was not
in charge of a shift at the time of hearing , another was in charge only in the absence of
the chief engineer, and the third , although apparently in charge of the night shift, had,
never made any recommendation with respect to hire, discharge , or discipline of employees,
or been told that he had such authority.
5 See H. A. Satin & Company, Inc., 97 NLRB 1001 , 1002; see also The Murray Company
of Texas, Inc ., 107 NLRB 1571, 1573.
Atlantic Mills Servicing Corporation of Cleveland , Inc., et al. and'
Retail Store Employees Union Local 880, Retail Clerks Interna-
tional Association , AFL-CIO, Petitioner. Case No. 8-RC-2787.
June 4,1958
SECOND SUPPLEMENTAL DECISION AND ORDER
DIRECTING HEARING
, Pursuant to a Supplemental Decision, Order and Direction of Sec-
ond Election 1 issued by the Board on July 2, 1957, which order was
'The first election on this petition was • conducted on February 8, 1957. Upon objec-
tions filed by the Petitioner, the Board sustained the objections and set the first election
aside because the Employer interfered with that election by calling employees in small
120 NLRB No. 164.