Banta Publishing Co.

In the Matter of BANTA PUBLISHING COMPANY, EMPLOYER and PRINT- ING TRADES SPECIALTY LOCAL 531, INTERNATIONAL PRINTING PRESS- MEN AND ASSISTANTS' UNION OF NORTH AMERICA , A. F. OF L.,1 PETITIONER Case No. 13-R-4061.-Decided April 23,1947 Mr. Edward J. Dempsey, of Oshkosh, Wis., for the Employer. Mr. John S. McLellan, of Pressmen's Home, Tenn., for the Peti- tioner. Mr. Bernard L. Balicer, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a. petition duly filed, hearing in this case was held at Menasha, Wisconsin, on February 25, 1947, before Joseph L. Hektoen, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER The Employer is a Wisconsin corporation with its offices and plants located in Menasha, Wisconsin. It is engaged in the publishing and printing of text books, scientific journals, and other publications. During 1946 the Employer purchased raw materials consisting of paper, book-cloth, board, ink and similar materials valued at approxi- mately $2,000,000, 80 percent of which was received from points out- side the State of Wisconsin. During the same period, it sold finished products exceeding $3,000,000 in value, approximately 90 percent of which was shipped to points outside the State of Wisconsin. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. I Title as amended at the hearing. 73 N. L. R. B., No. 98. 491 492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD H. THE ORGANIZATION INVOLVED The Petitioner is a labour organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Pe- titioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Petitioner contends that a unit comprising the composing room employees of the Employer, excluding proof room, copy preparation, clerical, office and supervisory employees, constitutes an appropriate unit. The Employer agrees generally to the composition of the unit sought by the Petitioner, but urges the inclusion of proofreaders, copy preparation employees, and assistant foremen. The Employer's composing room consists of the printing (lockup, linotype, monotype), copy preparation, and proofreading depart- ments.2 The composing room is under the general supervision of a superintendent with assistant foremen in immediate charge of the various departments. The copy preparation department is separated from the printing department by a glass partition; the proofroom is on the floor above the copy preparation and printing departments. Each of the departments performs an integral part of the composing process. The copy preparation department prepares manuscript or copy for the printing department. The copy and proof of the set type are then sent to the proof room for checking, after which the proofs are returned to the printing department of the composing room for correction. Basic and maximum pay rates are the same for employees in all departments of the composing room. In view of the foregoing, as well as for the further reason that proof- readers are usually included in the conventional unit of employees in composing rooms of printing and publishing companies, we shall in- clude the proofreaders in the unit hereinafter found appropriate.' The record establishes no valid reason for not similarly including the copy preparation employees inasmuch as they are engaged in the com- posing process and are under the same general supervision as the other composing room employees. We shall include them in the unit. 2 There are approximately 130 employees in the printing department , 30 in the proof- room and 3 in the copy preparation department. 3 Matter of Uarco Incorporated, 71 N. L R. B. 605 , and cases cited therein. BANTA PUBLISHING COMPANY 493 The Employer desires to include the assistant foremen in the unit of composing room employees whereas the Petitioner desires their exclusion. Although the assistant foremen are clearly supervisory employees within the Board's usual definition thereof, in accordance with the custom in the printing industry and in conformity with p2evi- ous rulings of the Board, we shall include the assistant foremen in the unit.' We find that all composing room employees of the Employer, includ- ing proofroom employees, copy preparation employees and assistant foremen, but excluding office and clerical employees and the composing room superintendent, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Banta Publishing Company, Menasha, Wisconsin, 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regula- tions-Series 4, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately 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 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, to determine whether they desire to be repre- sented by Printing Trades Specialty Local 531, International Printing Pressmen and Assistants' Union of North America, A. F. of L., for the purposes of collective bargaining. ' Matter of W. F. Hall Printing Company, 51 N L R B 640 and 63 N L R B 532, Matter of Lloyd Hollister, Inc, 68 N. L R B. 733 ; Matter of Gillette Safety Razor Com- pany, 65 N. L R B 1286