Atlantic Register Co.

In the Matter of ATLANTIC REGISTER COMPANY and INTERNATIONAL PRINTING PRESSMEN A\D ASSISTANTS' UNION OF NORTH AMERICA, A. F OF L. Case ANo 1-R- 2434 -Decided June 22,1945 Mr George A. 1l'[cLaughlin, of Boston, Mass., for the Company Ml,lr. Anthony J. DeAndrade, of Boston, Mass., for the Union. Mr Loins Cokin, of counsel to the Board DECISION AND DIRECTION OF ELECTION STATEMENT- OF THE CASE Upon petition duly filed by International Printing Pressmen and As- sistants' Union of North America, A. F. of L, herein called the Union, alleging that a question affecting commerce had arisen concerning the rep- i esentation of employees of Atlantic Register Company, Waltham, Massa- chusetts, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert E. Greene. Trial Examiner. Said hearing was held at Boston, Massachusetts, on May 17, 1945. The Company and the Union 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 Ex- aminer's rulings made at the hearing are free from prejudicial error and are hereby affirmed All parties were afforded opportunity•to file briefs with the Board Upon the entire record in the case, the Board makes the following FINDINGS o f FACT 1. THE BUSINESS OF THE COMPANY Atlantic Register Company is a Massachusetts corporation engaged at Waltham. Massachusetts, in the manufacture of salebooks, business forms. and other business items. More than 50 percent of the raw materials 62 N L R B.No 98 759 760 DECISIONS OF NATIONAL LABOR RELATIONS BOARD used by the Company is shipped to it from points outside the Common- wealth of Massachusetts. The Company annually sells products valued in excess of $500,000, over 50 percent of which is shipped to points outside the Commonwealth of Massachusetts. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Printing Pressmen and Assistants' Union of North Amer- ica is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 17, 1945, the Union requested the Company to recognize it as the exclusive collective bargaining representative of certain of the Com- pany's employees. The Company refused this request until such time as the Union is certified by the Board. A statement of the 'Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found to be appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial agreement with the parties,'that all pressmen and press assistants of the Company, including foremen, but excluding clerical employees, planners, lockup men or stone men, the superintendent (Ma- succi), and executives, 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 means of 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. 1The Regional Directoi reported that the Union presented 9 membership application cards There are approximately 23 employees in the appropriate unit 2The Board customarily includes foremen in bargaining units in the printing trades , consistent with the custom in I lie industi y Ste c g , 31 atter of Coo P C ao i an Pointi ng Company, 57 N L R it. 185, and cases therein cited ATLANTIC REGISTER COMPANY 761 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 representatives for the purposes of collective bargaining with Atlantic Register Company, Waltham, 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, Sections 10 and 11 , 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 nnme- diately preceding 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 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 International Printing Pressmen and Assistants ' Union of North America, A . F. of L., for the purposes of collective bargaining.