The H. W. Wilson Co.

b In the Matter of THE H. W. WILSON COMPANY and BOOKBINDERS & MACHINE OPERATORS , LOCAL UNION Nd. 25, I. B. of B., A. F. OF L. Case No. R-4928.Decided April 5, 1943 Jurisdiction : reference works publishing industry. Investigation and Certification of Representatives : existence of question : refusal to accord petitioner recognition; contract executed subsequent to filing of petition and with knowledge of rival claim of representation, held no bar; election necessary. Unit Appropriate for Collective Bargaining : male bookbinders and machine op- erators permitted to determine whether they. should constitute a separate bargaining unit or part of an existing industrial unit. Sullivan d Cromwell. by Mr. Charles S. Hamilton, Jr., of New York City and Mr. Charles 'J. Shaw, of New York City, for the Company. Mr. Alexander Schwartz, of New York City, for the A. F. of L. Singer d Berlinger, by Mr. James O. Berlinger, of New York City, for the Association. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended- petition duly filed by Bookbinders & Machine Operators, Local Union No. • 25, International,;Brotherhoo& of Book- binders, A. F. of L., herein called the A. F. of L., alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of The H. W. Wilson Company, New York City, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Jack Davis, Trial Examiner. Said hearing was held at New York City, on February 19, 1943. The Company, the A. F. of L., and The H. W. Wilson Company Employees Asso- ciation, herein called the Association 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 48 N. L. R. B., No. 110: 938 THE H. W. WILSONi COMPANY 939 Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Both the A. F. of L. and the Asso- ciation filed briefs which have been duly considered by the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The H. W. Wilson Company, a New York corporation, has its prin- cipal office and place of business in New York City where it is engaged in the publishing of indexes and other reference works. During the 6 months' period immediately prior to October 6, 1942, the Company purchased for use at its New York City plant raw materials valued at approximately $40,000, of which approximately 90 percent was ob- tained from points outside the State of New York. During the same period, the Company's sales of finished products from its New York plant amounted in value to approximately $300,000, of which between 85 and 90 percent was shipped to points outside the State. of New York. The Company admits that it is engaged in commerce within the mean- ing of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Bookbinders & Machine Operators,. Local Union No. 25, Interna- tional Brotherhood of Bookbinders, is a labor organization affiliated with the American Federation of Labor, admitting to membership the male bindery employees 9f the'Company. The H. W. Wilson Employees Association is an unaffiliated labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Oil or about September 16, 1942, the A. F. of L. requested the Com- pany to recognize it as the exclusive bargaining representative for male bookbinders and machine operators employed by the Company. Thereafter, the Company entered into an exclusive collective bargain- ing contract with the Association covering all employees of the Company. The Association contends that its contract with the Company is a bar to this proceeding. Since the contract was executed with express notice of the A. F. of L.'s claim to majority representation and subse- quent to the filing of the present petition for investigation and cer- tification of representatives, there is no basis for the Association's claim that its contract is a bar to a present determination of representatives.' 'See 'fatter of-Neu. Jeisee B) oadcastinp Corporation and Local Union 1212, Interna- taonal Brotherhood of Electrical IVorke',s, AFL 41 N L R. B. 1221. 940 DECISION'S OF NATIONAL LABOIR RELATIONS BOARD A statement of the Regional Director, introduced in evidence at ,the hearing, indicates that the A. F. of L. and the Association each rep- resents a substantial number of employees,in the unit hereinafter found 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 Relations Act. IV. THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES The A. F. of L. contends that the appropriate unit should consist of all male bookbinders and machine operators, -excluding 'the non- working foreman.3 The Association claims that the appropriate unit should be all production, maintenance, and clerical employees, exclild- ingsupervisors. - ' The Company's plant consists of three buildings, the first five floors of which are intercommunicating. Whire'the bindery is confined to the third floor of the center building, it also extends into parts of the adjoining buildings. Within the bindery itself there is no segregation of the male from the female employees. All work within the-same room without separating walls or partitions of any kind. Between the bind- ery and the other departments there are frequent daily communications. A successful organization of-the plant on an industrial basis was achieved by the Association in 1942 following an earlier unsuccessful attempt on the part of the C. I., O.• Thereafter, the Association and the Company entered into the existing industrial contract,. in the negotiation 'of which 'the- Association bargained on behalf of all employees including the - bindery - employees. Of these, the entire group, both male and female employees, at one time signed membership cards in the Association. The ' latter claimed -at the -hearing to be receiving membership dues from all-,employees- in the plant with the exception of four of the bookbinders. All employees 'including both male and female bindery employees receive periodic bonuses from the ' The Regional Director reported -that the A. F. of L. had submitted 12 signed authoriza- tion cards of which 1 was dated October 1, 1941, 1 dated ' May 23, 1941, 5 dated September 15, 1942 , 3 dated September 16, 1942, and 1 dated September 23, 1942 ; that of the 12 cards, 9 bore the apparently genuine original signatures of persons whose names are on the Company's pay roll of October 1 , 1942, containing 41 'names within' a unit claimed -ap- propriate by the A F. of L. The Regional Director further reported that the Association had submitted 9 signed membership application cards , of which 7 cards dated between June ' 23 and June 24, 1942, bore the' apparently genuine original signatures of persons whose names are on the Company's said pay roll of October 1, 1942. The Regional Director stated that 6 persons appear to have designated both the A. 'P. of L and the Association. 3 Listed as one Bernard Sciortino , a supervisor, on a schedule of bindery employees submitted by the Company. THE H. W. WILSON COMPANY, - 941 Company in addition to their regular compensation.. These facts together with the above history support the feasibility of an industrial unit as sought by the Association. Other facts, however, favor a sepa- rate unit of male bindery employees: The trade of journeymen bookbinders represented by the male book- binders is a skilled craft requiring an apprenticeship of about 4 years. The male bookbinders do what may be characterized as the heavy work at separate machines which are large and complicated. The work in-r volves standing in uncomfortable positions and lifting every 2 or 3 minutes heavy quantities of paper ranging from 75 to 100 pounds each. The work also requires of necessity constant exposure to injury from dangerous machinery. On the other hand, the female bookbinders, who work at, sewing machines and do certain hand work, do not perform any of the operations performed by the male bookbinders and generally do work of a lighter and less dangerous nature, much of which can be performed in a sitting position. The difference in the two types of work is reflected in the respective wage rates of the male and female bindery employees. According to a wage schedule furnished by the Company, male bookbinders are'paid at the rate of 50 cents-to $120 per hour, while female bindery employees receive 46 to 77 cents per hour. In addition, a witness for the A. F. of L. testified that the union wage scale for male bindery employees is $49 to $53 weekly, whereas the corresponding wage scale for'female bindery employees is only $22.50,to $29.00 weekly. - The difference in interests between the male and female bindery em- ployees is borne out in the history of collective bargaining within the bookbinding industry. Such history reveals that during a period of some 50 years it has been the practice for male and female bindery employees to organize in separate unions for the purposes of collective bargaining.4 ` Of the edition binderies existing in the Greater New' York area, it appears that the A. F. of'L. local, whose membership is limited, to male -bindery employees; has. organized' approximately' 97, percent of the total and has as dues-paying members all but one of the Company's male bindery employees. In addition, it appears not only that there has never been any cooperation in matters of collective bargaining between the male and female bookbinders of the Company, but also that the male bookbinders of the Company, are opposed to having the female bookbinders as'parties to negotiations on the subject of wages and working conditions. - Under the circumstances, we are'of -the opinion that the considera:, tions are sufficiently balanced to make the desires of the male bindery' In Matter of J. J. Little & Ives Company and Bindery Women's Union Local No. 430, 6 N L. R B . 411, the Board recognized that "it is an established custom in the book- binding industry for men and women to be organized into separate unions and to act independently of each other." 942 DECISIONS OF NATIONAL LABOfR RELATIONS BOARD employees themselves controlling in our determination of the type of unit through which they shall bargain.5 - We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the male bookbinders and machine operators excluding the non-working fore- man, who were employed by the Company during the pay-roll period immediately preceding the date of our Direction of Election, subject to the limitations and additions set forth therein, to determine whether they desire to be represented by the A. F. of L. or by the Association, or by neither. If a majority of the male bindery employees- select the A. F. of L. as their representative, they will constitute a separate and distinct unit; if a majority of them choose the Association; then they shall be considered a part of the present-industrial unit.' DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Libor Relations Board by Section 9 (c) of, the National_Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 The H. W. Wilson Company, New• York City, 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`of Election, under the direction and super- vision of the Regional Director for the Second 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, male bookbinders and machine operators-of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such 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 the non-working foreman, and any employees who have since quit or been discharged for cause, to determine whether they desire to be rep- resented by Bookbinders & Machine Operators, Local Union No. 25, International Brotherhood of Bookbinders, A. F. of L., or by The H. W. Wilson Company Employees. Association, for the purposes of collective bargaining, or by neither. C See Matter of The Goodyear Aircraft Corporation and Pattern Maters League 'of North America (AFL), 45 N. L It. B. 298. In that event, the petition will be dismissed.