Ditto, Inc.

DITTO, INCORPORATED 135 graph The police captain characterized the strike on the whole as a fairly peace- ful one Notwithstanding this total picture I cannot agree with counsel for the Respondent that what misconduct was proved attributable to the Union should be ignored on a de mrnimfs ground Clearly, the Umon and its agents engaged in conduct pro- scribed by Section 8 (b) (1) (A), and found unlawful, again and again, by the Board with approval of the courts I will accordingly make the same findings as have been previously made in consequence of this type of union activity, and recommend the standard remedial order IV THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondent set forth in section III, above , occurring in con- nection with the operations of the Company described in section I, above, have a close, intimate, and substantial relation to trade, traffic , and commerce among the several States, and tend to` lead to labor disputes burdening and obstructing com- merce and the free flow of commerce V THE REMEDY Having found that the Respondent has engaged in certain unfair labor practices, I shall recommend that it be ordered to cease and desist therefrom and that it take certain affirmative action designed to effectuate the policies of the Act Upon the foregoing findings of fact, and upon the entire record, I make the following CONCLUSIONS OF LAW 1 Local 761, International Umon of Electrical , Radio and Machine Workers, AFL-CIO, is, and at all material times has been , a labor organization within the meaning of Section 2(5) of the Act 2 By restraining and coercing the employees of General Electric Company in the exercise of rights guaranteed by Section 7 of the Act, the Respondent has engaged in and is engaging in unfair labor practices affecting commerce within the meaning of Section 8 (b) (1) (A) of the Act 3 The aforesaid unfair labor practices are unfair labor practices within the meaning of Section 2 (6) and (7 ) of the Act [Recommendations omitted from publication ] Ditto, Incorporated and Chicago Printing Pressmen Union No. 3, Franklin Union No. 4, International Printing Pressmen and Assistants Union of North America, AFL-CIO and Interna- tional Brotherhood of Bookbinders Local No. 8, Bindery Women's Union No. 30 and Bindery and Specialty Workers Union Local No 182, AFL-CIO and Local 4, Amalgamated In- dustiial Production Sales and Jewelry Workers Union , Inter- national Jewelry Workers Union, AFL-CIO,' Petitioners. Cases Nos 13-RC-6685, 13-RC-6686, and 13-RC-6687. Janu- ary 13, 1960 DECISION, ORDER, AND DIRECTION OF ELECTION Upon separate petitions duly filed under Section 9(c) of the Na- tional Labor Relations Act, a consolidated hearing was held before Robert G Mayberry, hearing officer The hearing officer's rulings made at the hearing are free from prejudicial error and hereby affirmed i The name of the Petitioner in Case No 13-RC --6687 appears as amended at the hearing 1126 NLRB No 18 136 DECISION S OF NATIONAL LABOR RELATIONS BOARD Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with these cases to a three- member panel [Chairman Leedom and Members Rodgers and Jenkins]. Upon the entire record in these cases, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain employees of the Employer.2 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section '9(c)(1) and Section 2 (6) and (7) of the Act. 4. In Case No. 13-RC-6687, the Jewelry Workers seeks an election in a unit of all production and maintenance employees, excluding pressroom employees, bindery employees, and cafeteria employees, at the Employer's Lincolnwood, Illinois, plant. In Case No. 13-RC-6685, the Pressmen seeks a craft unit of pressroom employees in the printing department and, in Case No. 13-RC-6686, the Bindery workers seeks a craft unit of bindery employees at the same plant. The Employer opposes the separate units sought by the Pressmen and Bindery Workers, contending that an overall production and maintenance unit, including the pressmen, bindery employees, and cafeteria em- ployees, is the only appropriate unit. Although the Jewelry Work- ers is willing to represent any production and maintenance unit found appropriate by the Board, the Pressmen and Bindery Workers have stated that they will not accept any alternative units that may be found appropriate by the Board. As the overall production and maintenance unit is presumptively appropriate,' we shall first consider whether the proposed separate units of pressmen and bindery workers are appropriate. There is no history of collective bargaining at the plant involved herein. The Employer is engaged in the manufacture and distribution of duplicating machines and supplies at its Lincolnwood plant. Its 2The Employer refused to stipulate that Chicago Printing Pressmen Union No 3, Franklin Union No 4 , International Printing Pressmen and Assistants Union of North America, AFL-CIO, herein called Piessmen, International Brotherhood of Bookbinders Local No 8, Bindery Women's Union No 30, and Bindery and Specialty Workers Union Local No 182, AFL-CIO, herein called Bindery Workers : and Local 4, Amaleamated Industrial Production Sales and Jewelry Workers Union , International Jewelry Workers Union, AFL-CIO, herein called Jewelry Workers, are labor organizations As these organizations admit employees to membership, and exist for the purpose of dealing with employers concerning wages , hours, and other conditions of employment, we find that they are labor organizations within the meaning of the Act The Employer also con- tends that certain provisions of the constitution of the Jewelry Workers Union are un- lawful and that therefore, it should be precluded from representing the employees sought herein. We reject this contention The Board has held that it will not inquire into a labor organization 's constitution or charter , absent proof that it will not accord effective representation to all employees within the unit. Rock-01a Manufacturing Corpoiataon, 93 NLRB 1196 3 Beaumont Forging Co , 110 NLRB 2200, 2201 DITTO, INCORPORATED 137 operations, which are housed in a one-story building, basically are divided into three sections : i.e., the manufacture of duplicating machines, the preparing and printing of paper forms both for sale to customers and use by the Employer, and the manufacture and preparation of carbon paper, likewise for sale to customers, and use by the Employer. The Pressmen, Petitioner in Case No. 13-RC-6685, seeks a craft unit of all letterpressmen, offset pressmen, assistants, apprentice camera- men, strippers, pasteupmen, platemakers, and all apprentices in the offset plate department, excluding all other employees. The Employer contends that this unit is inappropriate as it is not comprised of a distinct and homogeneous group of skilled craftsmen working as such, but rather, consists of a heterogeneous grouping of employees. In support of its contention, the Employer points to the facts that it has no apprenticeship program, there is no line of job progression, and that several employees in job classifications sought by the Press- men had little or no experience prior to being hired and learned their particular jobs in short periods of time. We agree with the Employer that the Pressmen seeks an inappro- priate unit. The Board normally considers letterpressmen and offset pressmen or lithographic employees as belonging in separate units unless there exists regular interchange between the two groups.' The record shows that although the letterpressmen and the lithog- raphers have common supervision, there is no regular interchange between the two groups. Under these circumstances, including the Employer's opposition to the requested unit,5 we will not join the two groups in a single unit. As the Petitioner does not seek to represent either group separately and has not made separate showings of inter- est in either group, no election is warranted. Accordingly, we shall dismiss the petition in Case No. 13-RC-6685. The proposed craft unit sought by the Bindery Workers consists of cutting machine operators, collator operators, bindery and "miscel- laneous bindery workers," tipping machine operators, shippers, and mailers, all of whom are assigned to the bindery section of the print- ing department. In support of its contention that this unit is inappro- priate, the Employer asserts that there is no showing in the record that these employees are true craftsmen. We agree. In the A. 0. Smith case,' the Board held that when craft units are sought to be estab- lished without prior bargaining history the same standards as to craft skills should apply as were prescribed for craft severence in the American Potash case.' The record herein discloses that there is no apprenticeship or formal training program for any employees at See llcQuuddy Printing Company, 116 NLRB 1114 c See Worzella Publishing Company, 121 NLRB 78, 80. 6 A 0 Smith Corporation, Granite City Frame Plant, 111 NLRB 200, 201. 7 American Potash & Chemical Corporation, 107 NLRB 1418. 138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Lincolnwood plant involved and that the Employer when hiring employees for its "bindery" operation, does not require any fixed amount of experience in the job classifications sought by the Peti- tioner. In this connection, the record shows that of all the "bindery" employees in the printing department, only 1 of the 17 "bindery" girls and only 1 of the 3 cutters had any experience in their respective occupations prior to their present employment. Under these circum- stances, we find that the "bindery" employees are not true craftsmen and, accordingly, we shall dismiss the Bindery Workers' petition in Case No. 13-RC-6686.8 The Employer would include, and the Jewelry Workers would exclude, the cafeteria employees from the production and maintenance unit. The Employer operates two nonpublic cafeterias for the use of its employees. The cafeteria employees are hourly paid and work a 40-hour week. Although they are separately supervised and work exclusively in the cafeterias, they have regular daily contact with the production and maintenance employees and therefore we find that they have interests in common with them. Under these circumstances, and as there is no request to represent them separately, we shall, in accordance with Board precedent, include the cafeteria employees in the production and maintenance unit.' Accordingly we find that the following employees of the Employer constitute a unit appropriate for the purpose of collective bargaining within the meaning of Section 9(b) of the Act: All production and maintenance employees at the Employer's Lincolnwood, Illinois, plant, including the printing, bindery, and cafeteria employees, but excluding office and plant clerical employees, guards, professional employees, and supervisors as defined in the AA. [The Board dismissed the petitions in Cases Nos. 13-RC-6685 and 13-RC-6686.] [Text of Direction of Election omitted from publication.] 8 A 0 Smith Corporation, supra, at page 202. U Minute Maid Corporation, 117 NLRB 68, 70. Hamilton Welding Company and United Brotherhood of Car- penters and Joiners of America, Local 2578, AFL-CIO, Peti- tioner. Case No. 9-RC-3565. January 13, 1960 SUPPLEMENTAL DECISION, ORDER, AND DIRECTION OF SECOND ELECTION Pursuant to a Decision and Direction of Election, dated April 6, 1959,' an election by secret ballot was conducted on April 29, 1959, 1 Unpublished. 126 NLRB No. 20.