Continental Can Co., Inc.

In the Matter of BOND CROWN & CORK CO., SUBSIDIARY OF CONTINEN- TAL CAN COMPANY, INC.,' EMPLOYER and AMALGAMATED LrrHoo- RAPHERS OF AMERICA, CIO AND LOCAL 58 OF THE AMALGAMATED LITHOGRAPHERS OF AMERICA, CIO,' PETITIONER Case No. 4-RC-374.-Decided May 16, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed herein, hearing in this case was held before Ramey Donovan, hearing officer of the National Labor Re- lations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.2 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 Reynolds, Murdock, and Gray.] Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations named below claim to represent em- ployees of the Employer. 3. A question affecting commerce exists concerning the represen- tation of certain employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks a unit of all pressmen, feeders, plate makers, plate maintainers and ink men, artists, and photographers in the litho- graphic department, excluding all other employees. The Employer and Intervenor agree that the employees in the enumerated classifica- tions comprise an appropriate unit. But they contend that the unit is nevertheless inappropriate because of a history of collective bar- gaining on a plant-wide basis ,3 and because the work of the employees in the lithographic department is an integral part of the production process. Moreover, the Employer and Intervenor argue that a unit 1 The name appears as amended at the hearing. District No. 50, United Mine Workers of America, was permitted to intervene upon the basis of a current contractual interest. 3 With the exception of a unit of machinists. 83 N. L. R. B., No. 94. 638 BOND CROWN & CORK CO. 639 of lithographic employees may not appropriately be severed from the existing unit because no separate unit of lithographic employees exists at the present time in the crown manufacturing industry. In an earlier proceeding involving substantially the same parties and issues,4 we held that a similar unit sought to be represented by the Petitioner constituted a true craft group, and that neither the bargain- ing history in the plant 5 nor the fact of integration with the production process was sufficient to deny them the opportunity of deciding whether they desired separate representation. The present record amply sup- ports our earlier conclusion.6 In view of the stipulation of the parties and upon the basis of the record in this case, we believe that the specifically mentioned employees in the lithographic department may, if they so desire, appropriately constitute a separate unit for the purposes of collective bargaining. However, the Board will make no final unit determination until it has ascertained the desires of the employees involved. We shall direct an election among all pressmen, feeders, plate makers, plate maintainers and ink men, artists, and photographers at the Em- ployer's Wilmington, Delaware, plant, excluding all other employees and supervisors as defined in the Act. If a majority of these employees voting select the Petitioner as their bargaining representative, they will be taken to have indicated their desire to constitute a separate unit for the purposes of collective bargaining. DIRECTION OF ELECTION 7 As part of the investigation to ascertain representatives for the pur- s of collective bargaining, an election by secret ballot shall be con- ducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Region in which this case was heard and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the voting group described in paragraph numbered 4, above, who were 4 Matter of Bond Crown d Cork Co., etc , 75 N. L. R B. 1152. 5 The record, both in the earlier and in the instant proceeding , shows that Intervenor, District No 50, United Mine Workers of America , never represented , nor sought to represent, the artist, plate makers, and photographer who unquestionably are an appropriate part of a unit of lithographic employees 9 In the earlier proceeding, the Board stated that the record in that case clearly showed that similar craft bargaining existed in the industry . However, assuming the contrary to be the fact, as contended by the Employer and Intervenors , we believe , nevertheless, that it would not suffice to deny severance . Matter of DoehlerJarvss Corporation (Doehler Die Casting Divi8ion ), 81 N. L . R. B. 1097 ; Matter of The Lord Baltimore Pre88, Inc., 73 N. L. R. B. 811. 7 We shall omit the name of the Intervenor, District No. 50, United Mine Workers of America, from the ballot as it has not complied with Section 9 (f), (g), and ( h) of the Act. '640 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD employed during the pay-roll period immediately preceding the date of thisDir'ection of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily latid' off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire rtO!be' represented, for the purposes of collective bargaining, by Amalgam'ated' Lithographers of America, CIO and Local 58 of the Amalgamated Lithographers of America, CIO.