Kingsport Press, Inc.

260 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX NOTICE TO ALL EMPLOYEES Pursuant to the Recommended Order of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended , you are notified that: WE WILL, if requested to do so by Amalgamated Union Local 5, Metal, Iron and Miscellaneous Workers, District 5 and Affiliated Unions, sign the agree- ment reached with the above Union on or about January 31, 1963. If no such request is made, we will, upon request, bargain collectively with the above- named Union for the unit described herein with respect to rates of pay, wages, hours of work, and other terms and conditions of employment , and if an understanding is reached, embody such understanding in a signed agreement. The bargaining unit is: All production and maintenance employees , shipping and receiving de- partment employees, inspectors, and leadmen employed at the Company's New York City plant, exclusive of office clericals and professional em- ployees, guards, watchmen, and all supervisors as defined in the Act. WE WILL NOT make or effect any change in rates of pay, wages, hours, or other terms or conditions of employment of our employees in the appropriate unit without first giving notice to and consulting with the statutory representa- tive of our employees. WE WILL NOT in any like or related manner interfere with , restrain, or coerce employees in the exercise of rights guaranteed them in Section 7 of the Act, except to the extent that such rights may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in Section 8(a)(3) of the Act, as modified by the Labor- Management Reporting and Disclosure Act of 1959. REVERE METAL ART COMPANY, INC., Employer. Dated-------------- ----- By------------------------------------------- (Representative ) (Title) This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board's Regional Office, Fifth Floor, Squibb Building, 745 Fifth Avenue, New York, New York, Telephone No. 751-5500, if they have any question concerning this notice or compliance with its, provisions. Kingsport Press, Inc. and Local 175, Electrotypers Union , Inter- national Stereotypers & Electrotypers Union of North Amer- ica, AFL-CIO and Kingsport Printing Pressmen & Assistants' Union No. 336, International Printing Pressmen & Assistants' Union of North America, AFL-CIO and Progressive Lodge No. 1694, International Association of Machinists, AFL-CIO and Bindery Workers Union, Local No. 82, International Brotherhood of Bookbinders , AFL-CIO, Petitioners.' Cases Nos. 10-RC-5804, 10-RC-5805, 10-RC-5806, and 10-RC-5807. March 5, 1964 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed under Section 9(c) of the Na- tional Labor Relations Act, a consolidated hearing was held before 'The several Petitioners are referred to herein as the Electrotypers , the Pressmen, the Machinists , and the Bindery Workers, respectively . The Pressmen intervened in Cases Nos. 10-RC-5806 and 10-RC-5807 on the basis of representative showings of interest, i.e., In excess of 30 percent. For this reason , we shall treat the Pressmen as a cross- petitioner in those two cases. 146 NLRB No. 136. KINGSPORT PRESS, INC. 261 Hearing Officer Hutton S. Brandon. The Hearing Officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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 McCulloch and Members Leedom and Fanning]. Upon the record of the hearing,2 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 em- ployees of the Employer. 3. The Employer contends that no question of representation exists because it has for many years recognized and continues to recognize each of the four Petitioners as the bargaining representative of em- ployees in the requested units. Further, as to the petitions filed by the Machinists and the Bindery Workers, the Employer contends that no question concerning representation exists because such Peti- tioners are currently certified by the Board as the representatives for the units respectively sought by them. We need not reach the latter contention, in view of the intervention of the Pressmen in Cases Nos. 10-RC-5806 and 10-RC-5807, on the basis of representative showings of interest, sufficient to constitute them as cross-petitioners. For this reason alone, a question concerning representation exists in those two cases. As to the other two cases, the Employer's contention is without merit. It is well settled that the fact that a petitioning union is recognizedby an employer does not preclude the existence of a question concerning representation.' Accordingly, we find that in each case a question affecting com- merce exists concerning the representation 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 appropriate units Case No. 10-RC-5804 The Electrotypers seeks certification in a unit of employees cur- rently represented by it, comprising all those in the Employer's 2 For the reasons stated below, we are issuing our Decision and Direction of Election prior to the expiration of the time for filing briefs Our findings herein are therefore made in the light of the record facts and the positions of the parties as set forth at the hearing In any briefs subsequently filed, should any issues be raised which would warrant a modification or reversal of any of the findings made herein, we shall treat such briefs as motions for reconsideration . The Hearing Officer granted an extension of time until March 9, 1964, for the filing of briefs . Subsequently, the Employer requested the Board to grant a further extension to the close of business on March 17 , 1964. Such request is hereby granted. 3 See Central Coat, Apron & linen Service, Inc., etc., 126 NLRB 958; General Box Company, 82 NLRB 6718. 262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD molded plate or electrotyping department, together with those en- gaged in making offset and dycril plates in the photo-chemical depart- ment. The Employer contends that the unit should encompass all employees in its molded plate, composing room, and photo-chemical departments, which together make up its prepress division, on the ground that these departments are integrated and that the unit of composing room employees currently represented by the International Typographical Union, herein called the ITU,4 and the unit histori- cally represented by the Electrotypers are no longer appropriate. The Electrotypers has represented the employees in the molded plate department of the Employer's printing establishment since 1937 and has negotiated contracts with the Employer covering such employees until the expiration of its most recent contract in 1963. Like the other labor organizations currently recognized by the Em- ployer, the Electrotypers since March 11, 1963, has been engaged in an economic strike against the Employer in support of bargaining demands. During the term of the latest contract, the Employer in- troduced the lithographic and other new processes into its operations and in December 1962 the Employer recognized the Electrotypers as the representative of employees engaged in making offset and dycril plates in the newly formed photo-chemical department. As a result of changes brought about through the introduction of new printing processes, the Employer has added the photo-chemical department and effected a closer integration between the composing room and the molded plate departments. As part of its plan to inte- grate the constituent departments of the prepress division, the Em- ployer has placed all three departments under a division supervisor and has interchanged employees in order that they may be trained in more than one of the skills utilized in the division and to minimize avoidable overtime during periods of peak production in the different printing processes. However, the record establishes that the molded plate department has separate immediate supervision and that, not- withstanding the interchange above indicated, employees in the molded plate department are primarily employed in skilled electrotyping duties and only secondarily assigned to other work in the division. Accordingly, on the basis of their separate bargaining history and the absence of any persuasive evidence that they do not have a separate community of interests by virtue of their electrotyping and plate- making skills, we find that the following employees of the Employer 4 The ITU, although served with notice of the filing of the petition in Case No 10-RC- 5804, did not appear at the hearing. It is the certified representative of employees in the Employer's composing room. In view of our finding below that such employees are ex- cluded from the appropriate unit in this case, its interests in the proceedings are not prejudiced. KINGSPORT PRESS, INC. 263 at its Kingsport, Tennessee, plant constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All journeymen electrotypers and stereotypers, apprentices, and helpers in the molded plate department, and all employees engaged in offset and dycril platemaking in the photo-chemical department, excluding all other employees, office clerical employees, professional employees, guards, watchmen, and' supervisors as defined in the Act .5 Case No. 10-RC-5805 We find that the following employees of the Employer at its Kings- port, Tennessee, plant, represented by the Pressmen since 1935; con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 ('b) of the Act : All journeymen pressmen, apprentices, assistants, and helpers in the flatbed, rotary, paper stock, paste vault, and spot up roller molds sections, line up assistants, ink vault assistants, bundler offpress folder, vault machine operators and helpers, and all offset pressmen, exclud- ing all other employees, office clerical employees, professional em- ployees, guards, watchmen, and supervisors as defined in the Act.' Case No. 10-RC-5806 We find, in accord with the parties' stipulation and the prior certi- fication of the Board, that the following employees of the Employer at its Kingsport, Tennessee, plant constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All journeymen and apprentice maintenance mechanics, journey- men and apprentice machinists, knife grinders, laborers, helpers, and tool crib attendants, excluding all technical, professional, research 5In the event the Employer wishes to take a position against including in the unit the offset and dycril platemakers , it may raise such issue by challenging them at the election. As to the unit placement issues raised concerning plate repair men, the 4-color proof press operator, and the supervisory status of Hiram Hughes , Hobart Quillen , and Ivar Steadman, and as to all other unit placement issues raised in this consolidated proceeding, we shall not, for the reasons hereafter discussed, resolve them at this time but shall permit any such individuals to cast challenged ballots. 8 There was no dispute as to the scope of the appropriate unit. Although the Employer at the hearing initially opposed the inclusion of offset pressmen in the unit, it subse- quently withdrew its opposition and stated that it took no position . In the event it should wish to oppose their inclusion , we shall permit the Employer to raise such issue by the challenge procedure. For reasons previously expressed, the issues as to the unit placement of the 4-color proof press operator, the plate repairmen , and the supervisory status of B. J. Faulk, George Taylor, Hubert Horton, and Billy Cox, are deferred for resolution, if necessary, by way of challenges to their ballots . It may be noted that the 4-color proof press operator and the plate repairmen are permitted to cast challenged ballots in two elections. 264 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD and developmental and/or experimental employees, office and plant clerical employees, guards, watchmen, leadmen with supervisory au- thority and supervisors as defined in the Act, and all other employees. Case No. 10-RC-5807 We find, in accord with the parties' stipulation and the Board's prior certification, that the following employees of the Employer at its Kingsport, Tennessee, plant, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All bindery journeymen, apprentices, and helpers`performing pro- -cluction in folding, folded stock, machine and hand tipping, guard- ing, gathering, sewing, mechanical binding, oilers of bindery equip- ment, gluing off, cutting edge gilding, edge staining, round, backing and lining up, machine and hand casing in bindery stock room stor- age, stock cutting, cover making (both hand and machine), super- .finish, stamping and dye storage, indexing, repairing, examining and wrapping, bound stock storage, and shipping and receiving-opera- tions, but excluding all employees performing research, develop- mental and/or experimental work, quality control, office and plant clerical employees, technical and professional employees, watchmen, guards, and supervisors as defined in the Act, as amended, and all other employees. 5. The petitions herein were filed during the pendency of an eco- nomic strike involving the Petitioners and the Employer. The strike, as previously indicated, commenced March 11, 1963, and is still in progress. Under Section 9(c) (3) of the Act, as amended, "employ- ees engaged in an economic strike who are not entitled to reinstate- ment shall be eligible to vote under such regulations as the Board shall find are consistent with the purposes and provisions of this Act in any election conducted within twelve months after the, com- mencement of the strike." [Emphasis supplied.] It may thus be seen that unless the elections sought herein are held before the ex- piration of the indicated 12-month period, those strikers who have been replaced will be rendered ineligible to vote. Therefore, in order to implement to the extent possible the congressional intent to en- franchise replaced strikers during the first 12 months of an economic strike, we have decided to direct an election to be held no later than March 10, 1964, without awaiting any briefs which parties may file. We believe that this procedure, although a departure from that nor- mally followed, is warranted by the circumstances and-will effectuate the purposes and policies of the Act. Further, as previously stated, we have not precluded consideration of any arguments, or changes of position, which the Employer, or any of the parties, may wish to MEMPHIS MOLDINGS, INC. 265 advance with respect to the issues involved, for we have indicated that we shall treat a brief filed by •a party as a motion for reconsid- eration of any issue disposed of adversely to that party. Finally, to insure that briefs will be considered before the results of any of the elections hereinafter directed are known, the Regional Director is hereby instructed to impound the ballots cast in all of the elections. [Text of Direction of Election omitted from publication.] Memphis Moldings, Inc. and District 50, United Mine Workers of America. Case No. 926-CA-1598. March 6, 1964 DECISION AND ORDER On December 11, 1963, Trial Examiner James F. Foley issued his Decision in the above-entitled proceeding, finding that the Respond- ent had engaged in and was engaging in certain unfair labor prac- tices within the meaning of the Act and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. Thereafter, the Respond- ent filed exceptions to the Decision and a supporting brief. 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 Leedom, Fanning, and Brown]. The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions and brief, and the entire record in the case, and hereby adopts the findings, conclusions, and recom- mendations of the Trial Examiner. ORDER The Board adopts as its Order the Recommended Order of the Trial Examiner.' 1 The Recomended Order is hereby amended by substituting for the first paragraph therein the following paragraph: Upon the entire record in this case , and pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that Respondent , Memphis Moldings , Inc., its officers , agents , successors, and assigns, shall : TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE This case, Case No. 26-CA-1598 , was brought under Section 10(b) of the National Labor Relations Act, as amended (61 Stat. 136, 73 Stat. 519), herein called 146 NLRB No. 3-0.