Metropolitan Lithograph & Publishing Co.

In the Matter of METROPOLITAN LITHOGRAPH & PUBLISHING Co1IPANr and UNITED PAPER, NovELTY & Toy WORKERS INTERNATIONAL UNION (CIO) Case No. R-5144.-Decided May 3, 1943 Mr. David Greer, of Boston, Mass., for the Company. Mr. Saran Sandberg and Mr. John T. Galluccio, of Leominster, Mass., for the C. I. O. Mr. John Connolly and Mr. John J. Barry, of Boston, Mass., for the A.'F. of L. Miss Melvern R. Krelow, of counsel to the Board. DECISION . AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Paper Novelty & Toy Workers International Union (CIO), herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Metropolitan Lithograph & Publishing Company, Everett, Massachusetts, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John W. Coddaire, Jr., Trial Examiner. Said hearing was held at Boston, Massachusetts, on April 7, 1943. The Company, the C. I. 0., and International Brotherhood of Bookbinders (AFL), hereiii''called the A. F. of L., 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? During the hearing, the C. 1. O. moved to amend its petition in order to conform with the unit as agreed upon by the C. I. O. and the A. F. of L., and so stipu- lated during the hearing.2 The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 1 Prior to the hearing, the A F. of L. filed a written motion to intervene on behalf of Bookbinders Union No 16 and Bindery Women's Union, No 56 of International Brother- hood of Bookbinders (AFL). The Regional Director granted the motion. During the hearing, the A. F. of L moved to withdraw its motion to intervene on behalf of Bindery Women's Union, No. 56. The Trial Examiner reserved ruling. The motion is hereby granted Since Bindery Women's Union, No. 56, withdrew its intervention , we shall not accord it a place on the ballot 2 The ; unit - so stipulated' clearly 1 indicates that employees of the Company who ^ fall under the jurisdiction ' of-Bookbinders'Union - No 16, are not included: in,that unit. We shall therefore not'accord Bookbinders Union No. 16 a place on the ballot. 49 N. L. R. B.. No. 51. 394 METROPOLITAN LITHOGRAPH & PUBLISHING COMPANY 395 Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE B JSINESS OF THE COMPANY Metropolitan Lithograph & Publishing Company, is a Massachu- setts corporation, having its principal place of business in Everett, Massachusetts, where it is engaged in the manufacture, sale, and dis- tribution of greeting cards, souvenir view cards, picture postcards, and similar printed and lithographed matter., During 1942, the Com- pany purchased raw materials valued at $320,000, of which approxi- mately 80 percent was shipped to the Company from points outside the Commonwealth of Massachusetts. During the same period, the Company manufactured finished products, approximately 95 percent of which was shipped by the Company to points outside the Common- wealth of Massachusetts. The Company's sales, during the same period, amounted to approximately $992,000. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Paper, Novelty & Toy Workers International Union is a labor organization affiliated with the Comgress of Industrial Organi- zations, admitting to membership employees of the Company. Bookbinders Union No. 16 of International Brotherhood of Book- binders is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that on February 17, 1943, the C. I. O. called on the Company for the purpose of being recognized as bargaining agent. The Company refused such recognition on the ground that it presently has a contract with Bookbinders Union No. 16. No issue was made of the contract as a bar.3 A 'statement prepared by the Regional Director, introduced in evi- dence at the hearing, indicates that the C. I. O. represents a substantial number of employees in the unit.hereinafter found to be appropriate.4 8 The'parties stipulated that a question concerning representation has arisen. In any event, it is clear that the employees involved in this contract are not included in the unit stipulated. 4 The Regional Director reported that the C. I 0. submitted 170 applications-for- membership cards, 13 of which were not signed, and 1 was a duplicate The remaining 156 were dated in January and February 1943, 1 was undated Of the 156 cards, bearing apparently, genuine, signatures, 144 bear, the names oft persons whose .names appear, on the Company's pay roll submitted on March 2, 1943. Said pay roll contains the names of 249 persons in the appropriate unit. 396 . DEiOLSIONS OF NATIONAL. LABOR RELATIONS BOARD 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. THE APPROPRIATE UNIT We find, in accordance with a, stipulation of the parties, that all production and maintenance employees of the Company in the folding, finishing, order and sample rooms, excluding supervisors and foremen, cutters, male folding operators, compositors, lithographers, printing pressmen, office and clerical employees, salesmen, truckdrivers, and shippers and receivers, constitute a unit appropriate for the purposes of collective bargaining, within the Ineaning 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 our Direction of Election herein, subject to the limitations and additions set forth in said 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 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 barganing with Metropolitan Litho- graph & Publishing Company, Everett,, Massachusetts, 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' First 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 preced- ing 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 United, Paper Novelty & Toy Workers International Union (CIO),, for the purposes of-collective bargaining.