John S. Swift Co., Inc.

In the Matter of JOHN S. SWIFT Co ., INC., and AMALGAMATED LITHOG- RAPIIERS OF AMERICA, LOCAL No. 1, A. F. OF L. Case No. 2-B-5296.-Decided April 17,1915 Deberoise, Stevenson, Plimpton & Page, by Mr. D. F. McGlinchey, of New York City, for the Company. Mr. Benjamin M. Robinson, by Mr. Mathew Silverman, of New York City, for the Union. Miss Katharine Loomis, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by Amalgamated Lithog- raphers of America, Local No. 1, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of John S. Swift Co., Inc., New York City, herein called the Company, the National Labor Relations Board provided- for an appropriate hearing upon due notice before David H. Werther, Trial Examiner. Said hearing was held at New York City on March 5, 1945. The Company and the Union 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. At the hearing the Company moved to dismiss the petition, alleging that the Union had made no showing in the petition that it represented either a majority or a substantial number of employees in the appropriate unit. Ruling on this motion was reserved for the Board. For reasons set forth in Section III, infra, the motion is hereby denied.' The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. 1 Also at the hearing the Union moved to amend the petition to show that 23 employees had designated the Union as their bargaining representative . In view of the reasons underlying our disposition of the Company 's motion, we find it unnecessary to rule on the Union's application. 61 N. L. R. B., No. 83. 586 JOHN S. SWIFT CO., INC. 587 Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY John S. Swift Co., Inc., is a Missouri corporation having its prin- cipal office in St. Louis, Missouri, and operating plants in St. Louis, Chicago, Cincinnati, and New York City. We are here concerned with its plant in New York City. The Company is engaged in the business of photo offset printing, also known as lithography. During the last 12 months the Company purchased for use at its New York City plant more than $250,000 worth of raw materials consisting prin- cipally of paper, negatives, negative paper and film and chemicals, approximately 50 percent of which was shipped from points outside the State of New York. During the same period its New York City plant sold more than $1,000,000 worth of finished products consisting of instruction books, pamphlets and catalogues, approximately 35 percent of which was shipped to points outside the State of New York. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. IL THE ORGANIZATION INVOLVED Amalgamated Lithographers of America, Local No. 1, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION By letter dated January 10, 1945, the Union notified the Company that it had filed a petition with the Board for certification as exclusive bargaining agent for the Company's lithographic employees and also requested recognition and a bargaining conference. The Company did not reply to this letter. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.2 'The Field Examiner reported that the Union submitted 21 authorization cards ; that the names of all persons appearing on the cards corresponded with a list submitted by the Company which contained the names of 59 employees in the alleged appropriate unit ; and that the cards were undated The original petition of the Union stated that 23 employees had designated it as their bargaining representative . The petition was afterward amended and the number inad- vertently omitted by the typist. Since the Field Examiner's report indicates that a substantial number of employees have designated the Union , we do not consider the defect sufficient to warrant dismissal of the petition. 588 DECISIONS 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 The record discloses no history of collective bargaining with the Company. The Union claims that the appropriate unit should be comprised of all employees in the Company's camera, stripping, plate making, and press departments, including the foremen of these de- partments, but excluding the plant superintendent and all other super- visory employees. The Company agrees that the unit should include the employees proposed but, contrary to the Union's position asserts that employees in the bindery department should also be included. The operations of the Company are divided among the following departments : the camera, stripping, plate making, and press depart- ments, located on the 2nd and 3rd floors of the Company's five-story plant where the processes of photographing, developing, stripping, opaquing of negatives, plate making, and printing on offset presses are carried on; the bindery department, located on the 1st floor where the work of folding, stitching, and trimming is done ; and the general office, typing, shipping, and maintenance departments.3 The Company bases its claim for the inclusion of the bindery work- ers in the unit on the fact that their work is closely connected with the lithographic process. It contends that, because of their familiarity with lithographic operations, these employees are readily trained as lithographic workers and that there is some interchange of employees between the two groups. The record shows that the bindery employees work on materials produced by the lithographic employees and that they go to the 2nd and 3rd floors for materials and instructions. How- ever, it does not bear out the contention of the Company regarding interchange of employees but, on the contrary, shows that such inter- change is practically non-existent, a fact which indicates a difference in the nature of the work of the two groups. It also appears from the record that each group works with different tools, the bindery workers using equipment designed for folding, cutting, and stitching the prod- ucts in their semi-finished state in contrast to the photographic and printing equipment used by the lithographic employees in the initial stages of production. The bindery work is done under separate super- vision and in a different location from the lithographic operations. Furthermore, the Union limits its membership to workers engaged in the lithographic process. It does not as a matter of policy organize employees doing bindery work since such workers do not come within 3 Both parties agree that the employees in the general office, typing , shipping, and maintenance departments should be excluded from the unit. JOHN S. SWIFT CO., INC. 589 its traditional craft jurisdiction and are generally organized by a separate craft affiliate of the American Federation of Labor. We are of the opinion that the unit sought by the Union is appropriate for the purposes of collective bargaining.4 We find that all employees of the camera, stripping, plate making, and press departments of the Company's New York City plant, includ- ing the foremen of these departments,5 but excluding the plant super- intendent and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, and all other employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning 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 the Direction of Election herein, subject to the limitations and additions set forth in the Direction.6 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 Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED,that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with John S. Swift Co., Inc., New York City, 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 Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tions 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were em- ployed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said d See Matter of Ross Gould Company, 56 N. L R B 1176. 6 The foremen possess supervisory authority, but are not managerial employees and are customarily included in units of non-supervisory employees in the printing trades See Matter of TV F Hall Printing Company, 51 N. L R B 640, and Matter of Ross Gould Company, supra 6The Union requests that it be designated on the ballot as "Amalgamated Lithographers of America (AFL), Local 1, New York." The request is granted. 639675-45-vol. 61-39 590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Amalgamated Lithog- raphers of America (AFL), Local 1, New York, for the purposes of collective bargaining. CHAIRMAN AIILLIS took no part in the consideration of the above Decision and Direction of Election.