American Medical Association

In the Matter of AMERICAN MEDICAL ASSOCIATION and CHICAGO MAILERS UNION No. 2, INTERNATIONAL TYPOGRAPHICAL UNION In the Matter of AMERICAN MEDICAL ASSOCIATION and INTERNATIONAL BROTHERHOOD or BOOKBINDERS, AFFILIATED WITH THE A. F. OF L.; AND CHICAGO MAILERS UNION No. 2, INTERNATIONAL TYPOGRAPHICAL UNION Cases Nos. R-33418 and RE-35, respectively.Decided February 08, 194 Jurisdiction : medical magazine and pamphlet publishing industry. Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatives; dispute as to appropriate unit; election necessary. Units Appropriate for Collective Bargaining : separate units comprising: (1) all employees engaged in the integrated/production process involving bookbinding and closely allied activities, but excluding the carpenter and sweeper not- withstanding desire of rival union for their inclusion with employees in the other production departments; and (2) all employees working as packer boys on rotary presses, floor boys who are stock handlers, stencil makers (divided among graphotype operators and plate filers), and stockroom clerks (who pick orders, pack, stamp, and bag books, back copies of magazines, pamphlets and charts). Mr. Stanley D. Metzger, for the Board. Messrs. T. V. McDavitt and George E. Hall, Jr., of Chicago, Ill., for the A. M. A. Mr. Francis D. O'Mara, of Chicago, Ill., for Mailers Union No. 2. Mr. Daniel D. Carmell, of Chicago, Ill., for the Bookbinders. Mr. Reynolds C. Seitz, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 29, 1941, and on November 4, 1941, the American Medical Association, herein called the A. M. A., and the Chicago Mailers Union No. 2, International Typographical Union, herein called the Mailers, respectively filed with the Regional Director for 39 N. L. R. B., No. 64 385 386 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Thirteenth Region (Chicago, Illinois) amended petitions) alleg- ing that a question affecting commerce had arisen concerning the representation of employees of the American Medical Association, Chicago, Illinois, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 19, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3,'of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it aril to provide for an appropriate hearing upon due notice, and acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, ordered that the cases be consolidated. On November 22, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the A. M. A.; the Mailers; Bindery Women's' Union Local No. 30; Bindery Help and Specialty Workers Union Local No. 182; and International Brother- hood of Bookbinders.2 On December 1 and 2, 1941, pursuant to notice, hearings were held at Chicago, Illinois, before Gustaf B. Erickson, the Trial Examiner duly designated by the Chief' Trial Examiner. The A. M. A., the Mailers, Bookbinders Local No. 30, and Bookbinders Local No. 182.were represented at and participated in the hearing. Full opportunity to be heard,,to examine and cross- examine witnesses,' and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made various rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affix med. On December 29, 1941, the parties filed briefs in the case, which the Board has duly considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY American Medical Association is a non-profit-scientific' and educa- tional organization of physicians, incorporated in 1899 under the 1 The original petition of the A. M A was filed on October 11, 1941 The original petition of the Mailers was filed on October 30, 1941 2 Local No 30 and Local No 182 are both affiliated with the International Brotherhood of Bookbinders, which in turn is affiliated with the A F. of L Hereinafter in the Decision the two unions will be designated as Bookbinders Local No 30 and Bookbindeis Local No 182. Notice of hearing was also served upon the .following group Chicago Allied Punting Trades Council , The Franklin Association , Chicago Printing Pressmen 's Union No. 3, Chicago Typographical Union No 16 , Bookbinders and Paper Cutters Union of Chicago No 8, and Franklin Union No 4 None of the organizations just named appeared or otherwisg participated in the hearing. AMERICAN MEDICAL ASSOCIATION 387 laws of the,. State of Illinois relating to non-profit corporations. Its principal office and place of business is located in Chicago, Illinois,, where it prints and publishes its Journal, Hygeia, and other, pam- phlets and magazines.' During the year 1940 the A. M. A. purchased raw materials, principally paper, valued at $371,494. About 90 percent of these raw materials were shipped to the A. M. A. from - places outside Illinois. During the year 1940 the net paid weekly average circulation of the A. M. A.'s Journal was 98,002, and of Hygeia, 110,000. Approximately 90 percent of these copies of the two magazines were shipped by the A. M. A. through the United States mails to places outside Illinois. II. THE ORGANIZATIONS INVOLVED Chicago Mailers Union No. 2, International Typographical Union,, Bindery Women's Union Local No. 30, and Bindery Help and Spe- cialty Workers Union Local No. 182 are labor organizations ,admit- ting to membership employees of the Company. The two Bindery organizations are affiliated with the International Brotherhood of Bookbinders, which in turn is affiliated with the American Federation of Labor. III. THE QUESTION CONCERNING REPRESENTATION On or about October 9, 1941, representatives of the Mailers and of the International Brotherhood of Bookbinders,' herein called the Bookbinders, respectively, informed the American Medical Associ- ation that each represented a majority of employees within conflicting units claimed by each to be appropriate. On October 13, 1941, the A. M. A. petitioned the Board, under Section 9 (c) of the National Labor Relations Act, to resolve this question concerning, r^presen- tation. A statement of the Regional Director, introduced in evidence at the hearing, shows that the Mailers and the Bookbinders each represents substantial numbers of employees in the units hereinafter found to be appropriate .4 We find that a question has arisen concerning the representation of employees of the A. M. A. ' Representing Bookbinders Local No 30 and Bookbinders Local No 182 4 The statement of the Regional Director concerning claims of authorization is as follows "There are 38 application cards signed for the Bindery Women ' s Local No 30 .and, Binders Help and Specialty Workers No 182 Both groups are affiliated with the Inteinational Brotherhood of Bookbindeis There are 9 undated cards , 1 duplicate, and the rest dated between September 29 and October 10, 1941. Thirty-seven appear 'to contain genuine signatures . Thirty-six appear to be cards of persons on the pay roll of November 1, 1941 There are 45 application cards signed for Mailers No 2 They all bear dates between September 23, 1941, and October 18, 1941. All appear to contain genuine signatures and be on the pay roll of November 1,• 1941 . Locals No. 30 aild 182 claim to represent a total , of 46 employees ; Mailers No. 2 claim to represent a total of 74 employees, 388 DECISIONS OF NATIONAL LABOR. RELATIONS- BOARD IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the A. M.,A. described in-Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Bookbinders claim a, craft unit which would be made up of 46 production employees who are engaged in the integrated production process involving bookbinding and closely allied activities.5 The Mailers claim the same 46 employees that the Bookbinders contend for and, in addition, would include in the unit they urge as ap- propriate 19 pressroom employees divided among packer boys on rotary presses and floor boys who are stock handlers; 5 stencil makers divided among graphotype operators and plate filers; and 4 stock- room clerks who pick orders, pack, stamp, and bag books, back copies of magazines, pamphlets, and charts. The mailers' claim embraces all employees of the A. M. A. employed in the production departments of the plant excluding composing-room employees and present mem- bers of craft unions covered by contracts between the A. M. A. and such craft unions. The evidence indicates that, except for a carpenter and a sweeper, the employees claimed by the Bookbinders are actually engaged in the integrated production process involving bookbinding and closely allied activities. All such employees are within the traditional juris- diction of the Bookbinders and the jurisdiction of the locals is limited to these employees.6 Accordingly, we conclude that these employees are entitled to bargain as a separate unit, even though operations outside the scope of bookbinding are also carried on in the same plant. We believe, however, that the carpenter and the sweeper should be excluded from such a unit since they are general mainte- nance employees. Therefore, we find that all employees engaged in the integrated production process involving bookbinding and closely allied activities,' excluding the carpenter and sweeper, constitute a unit appropriate for the purposes of collective bargaining. 6 The Bookbinders have two locals for employees of the A. M A. Bookbinders Local No. 30 contends that it represents 20 female employees and a forelady . Bookbinders Local 182 claims to represent 25 male employees. See footnote 5, supra. 7 This group includes : (1) The female employees and a forelady claimed by Bookbinders Local No. 30 whose work consists of hand gathering, machine gathering, sewing-and stitching-machine operations, hand folding, and single wrapping ( Twenty-two percent of the total time of the group is spent on single wrapping . The Bookbinders claim juris- diction over the single-wrapping activity.) ; and (2 ) the -male employees claimed by AMERICAN MEDICAL ASSOCIATION 389 We are also of the opinion that the 5 stencil makers, 4 stockroom clerks, and' 19 ' pressroom employees claimed by the Mailers con- stitute a unit appropriate for the purposes of collective bargaining. The jurisdiction of the Mailers over the stockroom clerks and stencil makers is clear. We include in the Mailers' unit the 19 pressroom employees-packer boys on rotary presses and floor boys who are stock handlers-because the Mailers is the only labor organization at the plant in a position to represent them, and if they were omitted they would comprise the only production group in the A. M. A. plant without opportunity to obtain the benefits of collective bar- gaining. We find that all employees of A. M. A. working as packer boys on rotary presses, floor boys who are stock handlers, stencil makers (divided among graphotype operators and plate filers), and stockroom clerks (who pick orders, pack, stamp, and bag books, back copies of magazines, pamphlets, and charts), constitute a unit appropriate for the purposes of collective bargaining. We further find that the above-described units will insure to employees of the A. M. A. the full benefit of their right to self- organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI THE DETERMINATION OF REPRESENTATIVES We' find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. We shall direct that the employees in the appropriate units 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, shall be eligible to vote. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of American Medical Association, Chicago, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees engaged in the integrated production process in- volving bookbinding and closely allied activities,' but excluding the carpenter and sweeper, constitute a unit appropriate for the purposes Bookbinders Local No. 182 who perform the following tasks : paper boy on folding machine, cover feeder on gathering machine , trucking signatures from pressroom to gathering machine, inserting-machine operator, helper on trimmer, general bindery work, bagging mail for single wrappers, shipping clerk, cut clerk for composing room, mail trucker, book carrier, knife grinder, bundling-machine operator , and errand boy. 8 See footnote 7, supra. 390 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 3. All employees of A. M. A. working as packer boys on rotary presses, floor boys who are stock handlers, stencil makers (divided among graphotype operators and plate filers), and stockroom clerks (who pick orders, pack, stamp, and bag books, back copies of maga- zines, pamphlets and charts), constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with the American Medical Association, Chicago, Illinois, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days after the date of this Direction under the di- rection and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations: (1) among all employees at the A. M. A. plant engaged in the integrated production process involving bookbinding 'and closely allied activities 9 during the pay-roll period immediately pre- ceding the date of the Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation, or in the active military service or training of the United States, or temporarily laid off, but excluding the carpenter and sweeper and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by the International Brotherhood of Bookbinders,10 affiliated with the American Federation of Labor, or by Chicago Mailers Union No. 2, International Typographical Union, for 'the purpose of collective bargaining, or by neither; and (2) among packer boys on rotary presses, the floor boys who are stock handlers, the stencil makers (divided among graphotype operators and plate filers), and the 9 See footnote 7, supra. 19 The International Brotherhood of Bookbinders represents Bindery Women's Union Local No. 30, and Bindery Help and Specialty workers Union Local No 182. AMERICAN MEDICAL ASSOCIATION 391 stockroom clerks (who pick orders, pack, stamp, and bag books), back copies of magazines, pamphlets, and charts) who were employed at the A M. A. plant during the payroll period immediately preceding the date of this Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United State's, or were temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Chicago Mailers Union No. 2, International Typographical Union for the purposes of collective bargaining.