Kansas City Local 235

KANSAS CITY LOCAL 235 Kansas City Local 235, Graphic Arts International Union and The Kansas City Star Company and Kansas City Stereotypers and Electrotypers Union No. 6. Case 17-CD-173 November 26, 1974 DECISION AND DETERMINATION OF DISPUTE BY MEMBERS JENKINS, KENNEDY, AND PENELLO This is a proceeding under Section 10(k) of the Na- tional Labor Relations Act, as amended, following charges filed by The Kansas City Star Company, herein called the Employer, alleging that Kansas City Local 235, Graphic Arts International Union, herein called the Photoengravers, has violated Section 8(b)(4)(ii)(D) of the Act by engaging in certain proscribed activities with an object of forcing or requiring the Employer to assign certain work to employees represented by the Photoengravers rather than to employees represented by Kansas City Stereotypers and Electrotypers Union No. 6, herein called the Stereotypers. Pursuant to notice, a hearing was held before Hear- ing Officer Ward Summerville on July 16, 30, and 31, 1974. All parties appeared at the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to present evidence bear- ing on the issues . Thereafter, all parties filed briefs. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Board has reviewed the rulings of the Hearing Officer made at the hearing and finds that they are free from prejudicial error. The rulings are hereby affirmed. The Board has considered the briefs and the entire record in this case and hereby makes the following findings: I THE BUSINESS OF THE EMPLOYER The Kansas City Star Company, a Missouri corpora- tion with its principal place of business in Kansas City, Missouri, is engaged in the printing and publishing of a daily newspaper. During the past 12 months, The Kansas City Star Company grossed in excess of $200,000 through the printing and publishing of newspapers. It subscribes to interstate news services, publishes nationally syndicated features, and adver- tises nationally sold products. Accordingly, we find, as the parties have stipulated, that the Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the Act, and that it will effectuate the policies of the Act to assert jurisdiction herein. 11 THE LABOR ORGANIZATIONS INVOLVED 133 The parties stipulated, and we find, that Kansas City Local 235, Graphic Arts International Union, and Kansas City Stereotypers and Electrotypers Union No. 6 are labor organizations within the meaning of Section 2(5) of the Act. III. THE DISPUTE A. Background and Facts of the Dispute Prior to December 1973, when the Employer first introduced the DuPont dycril plastic platemaking process, the Employer utilized the traditional "hot metal" method of publishing its newspaper. Under this traditional method, news and editorial material is re- produced by means of metal slugs of type which are arranged as a story on a metal frame (chase) used to organize a page of hot metal. Along with the slugs of type composing the news stories and advertisements on the page are engravings of photographs and drawings which accompany the printed matter. Members of Photoengravers have traditionally per- formed for the Employer the function of producing zinc engravings from photographic negatives for use on the frame of hot type. The creation of the zinc plate begins with a group of photographs assembled as a pasteup. Using a special camera, the photoengravers then produce a film negative of the pasteup. The nega- tive is then placed on a piece of light-sensitive zinc, and placed on an exposure unit where the zinc plate is exposed to light, hardening the exposed areas. The time of the exposure of the negative must be carefully con- trolled, based upon the quality of the copy. The zinc plate is attached to a rapid etch machine containing an acid bath which is splashed on the surface of the plate, washing away the areas which were not hardened by exposure to light. The operator of this machine, also a photoengraver, must control the duration of the acid bath, depending upon the condition of the acid solution and the quality of the copy used to produce the nega- tive. The acid etches away portions of the zinc, leaving a relief surface on which the image ultimately to be printed is raised above the rest of the plate. The plate is then rinsed with water and dried over an open flame. The resulting plate is then sent to the composing room where it is incorporated into a page form. The page form is next taken to the stereotype depart- ment where stereotypers, operating a mat-molding ma- chine, impress the raised surface of the type and en- gravings onto a piece of high moisture content cardboard (mat). The mat is transferred to a Sta-Hi machine which dries the mat and forms it into a semicylindrical shape. The curved relief mat is then placed in a casting machine which pours hot lead on the 215 NLRB No. 31 134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mat, which, after cooling, results in the formation of a semicylindrical lead press plate for attachment to the press. The creation of the stereotype lead plate from a pattern plate (the zinc plate used for creation of the mat) has been the traditional function of employees represented by the Stereotypers. The Employer has recently introduced the DuPont dycril plastic platemaking process at its plant, but does not print all its pages from plastic: The DuPont process is remarkably similar to the zinc process and indeed was selected because its characteristics are similar to those of zinc. The process is preceded by the making of a negative, which is placed on a piece of light-sensitive plastic. The plastic plate is inserted into the DuPont Dycril Exposure Unit, which exposes the negative to light to harden the plastic on the exposed areas so as to create a raised surface. The plastic plate is removed to the Hi-Speed Washout machine containing a caustic solution which is splashed across the surface of the plate to wash away the coating which has not been hardened by exposure to light. The plate is then me- chanically dried by an air flame in the Dycril Plate Dryer. The finished plastic plate is sent to the compos- ing room, where the final steps for printing are the same as in the zinc plate process. A zinc or plastic plate, when the etching and drying processes are completed, may be used to print directly without the creation of a stereotype lead press plate, in which case the etched zinc or plastic plate itself is used as the printing surface. When the Employer uses such a direct printing method, photoengravers create the zinc or plastic plates, and stereotypers attach the plates to a press saddle. The procedures for the manufacture of zinc or plastic plates, whether they are used to create a stereotype plate or for direct printing , are the same; the machines and material are different. The Employer has fre- quently printed directly from zinc plates created by photoengravers. The Employer is now experimenting with printing directly from plastic plates. One effect of direct printing is to eliminate the stereotypers' function of casting lead press plates. The DuPont dycril process was introduced at the Employer's plant in December 1973, and the work of making plastic plates was assigned to photoengravers. In several bargaining sessions which took place within the last 3 years, the Stereotypers claimed jurisdiction over the creation of plastic plates in the event that such plates were introduced at the plant. The Employer con- tinually asserted that the work fell within the Photoen- gravers jurisdiction. In the most recent negotiations, the Stereotypers claimed the work of making plastic plates and was then refused in its request for a decision on this question by a neutral arbitrator. On February 11, 1974, the Photoengravers , after learning of pressure being exerted on the Employer by the Stereotypers, threatened, in disregard of its no-strike obligation, to strike the Employer if plastic plate platemaking were assigned to members of the Stereotypers. B. Work in Dispute In dispute is the work involved in the production of DuPont dycril plastic plates, specifically when these plates are to be used for direct printing. There is no dispute over the following items: the camera work re- quired prior to the initiation of the platemaking proc- ess; the production of zinc plates, regardless of whether they are used as pattern plates or for direct printing; the production of plastic plates when they are used as pat- tern plates; and the mounting of the plates on the press saddle. C. Contentions of the Parties The Employer has assigned the work in dispute to employees represented by the Photoengravers. The Photoengravers claims the work and argues that the DuPont process is not new , but is merely a variation of the work which its members have performed for many years. The Photoengravers asserts that the zinc and DuPont processes are functionally similar , with the only difference being the material used. Both the Em- ployer and the Photoengravers contend that the assign- ment is further supported on the basis of employer preference, applicable contract clauses, relative skills, efficiency, and job impact. The Stereotypers claims that the work should be assigned to its members . It concedes that plastic plates are used as pattern plates and for direct printing, claims no jurisdiction over the pattern plates, but asserts that the ultimate function for which the plates are used should be determinative, thus giving it jurisdiction over the process when the plastic plate is to be used for direct printing. It contends that its members have tradi- tionally made "press-ready" plates (through the pro- cess of making and molding the mat and casting it with lead), and that the DuPont plastic plates are "press- ready" because they can be used to print directly. The Stereotypers concedes that the machinery and pro- cesses in making the plastic plates are similar, regard- less of the ultimate use to which the plastic plate is put, but asserts that the DuPont process is a technological innovation which is covered by its contract with the Employer. The Stereotypers finds further support for its claim of jurisdiction in its collective-bargaining con- tract, training, and skills, and in the fact that the unit of stereotypers may be eliminated if photoengravers are given the work. KANSAS CITY LOCAL 235 135 D. Applicability of the Statute Section 10(k) of the Act empowers the Board to determine a dispute out of which a Section 8(b)(4)(d) charge has arisen . However, before the Board proceeds with a determination of the dispute, it must be satisfied that there is reasonable cause to believe that Section 8(b)(4)(D) has been violated. The parties stipulated that there is no agreed-upon method, binding on all parties, for the voluntary adjustment of the dispute. On February 11, 1974, Harold Larson, president of the Photoengravers , telephoned the assistant to the general manager of the Employer . Larson stated that the Photoengravers was concerned about its jurisdic- tion and that if the Employer considered giving away any of its present work or jurisdiction the Photoengrav- ers would strike the Employer. In view of the conduct described above, we find that there is reasonable cause to believe that a violation of Section 8(b)(4)(ii)(D) has occurred and that the dispute is properly before the Board for determination under Section 10(k) of the Act. E. Merits of the Dispute 1. Collective-bargaining contracts In pertinent part, the contract between the Employer and the Photoengravers reads: The process of photo engraving and its attendant work thereto is defined as being and is all opera- tions of the process pertaining to the production of photo engraving plates, plates for offset for final publication product, and gravure cylinders and plates of any substance for final publication pro- duct or material from copy or from originals and- /or subjects when furnished in lieu of copy up to the finished product. All material to be reproduced for original plate making purposes shall serve as copy for the cam- era and be processed and completed under present or future operations by members of the Graphic Arts International Union. The jurisdiction of the G.A.I.U. includes photog- raphy, the process of reproducing as photo engrav- ings all negatives and positives of photo composed type film or other copy for reproductive purposes, color scanning, stripping, printing, etching , finish- ing, engraving, tint laying, proofing, routing, blocking, making of offset plates for final publica- tion product, ,dot etching, operation of photo-com- posing machines defined as a camera or plate- maker and the operation of electronic platemaking devices or machines for reproductive purposes. Should any publisher install any equipment or adopt any work process designed as a substitute for or evolution of work now being done by photo- engravers, the publishers shall recognize the juris- diction of the G.A.I.U. over such equipment and work processes and shall make no other contract covering such work. The above section does not specifically mention the DuPont dycril plastic platemaking process, but does talk in terms of "plates of any substance." The present contract was negotiated in 1972, when the Employer was considering changing over to the plastic platemak- ing process. During the 1972 negotiations, the process was discussed in general terms and the Employer recognized that the work fell within the Photoengrav- ers jurisdiction. During similar negotiations with the Stereotypers, who claimed the plastic work, the Em- ployer stated that the work belonged to the Photoen- gravers. The words "plates of any substance" and "for final publication product" were added to the Photoengrav- ers contract in 1965, and were continued in the present contract . It would appear that these terms , as well as the evolutionary clause, were negotiated in contempla- tion of a new process, and that, if they are to have any meaning at all, they must be construed to encompass the DuPont process. In The Washington, D. C. Stereo- typers Union No. 19 (The Evening Star Newspaper Com- pany), 181 NLRB 784 (1970), a case involving the Let- terflex process, which also uses plastic plates, we stated at 786: The functional similarity of the traditional photo- engraving and Letterflex processes is undeniable. Each includes analogous, discrete steps, beginning with the projection of a negative onto a plate, proceeding with the hardening of the image and etching . . . . The Stereotypers attaches great sig- nificance to the fact that the end product of the Letterflex process is a printing plate, whereas the end product of photo-engraving . . . has been a "photo-engraved" plate. The validity of this dis- tinction, however, is questionable, for while it is true that the magnesium plates produced by the Photo-Engravers have never been affixed directly to the presses and used for printing by the Em- ployer, the record indicates that such plates can be bent for direct application to presses and that this in fact is done in some printing operations. Thus, it would not be inaccurate to describe such plates as printing plates also . We conclude, therefore, that the Letterflex process has evolved from tradi- tional photo-engraving . . . . In the present case, the Stereotypers contends that the dycril plate is a printing plate (press-ready). The 136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD record indicates that the Employer has frequently used the zinc plate for direct printing, and thus the zinc plate could also be called a "press-ready" plate, but the Stereotypers claims no jurisdiction over zinc plates re- gardless of how they are used . The steps in the two processes are similar and the machines involved are functionally the same . Photoengravers perform their traditional job functions regardless of whether the material used is zinc or plastic. The draft agreement, which has not yet been signed, between the Employer and the Stereotypers reads, in pertinent part: This work shall include : all molding, packing, dry- ing, finishing, sawing, trimming, routing, register- ing of color, plating of stereotypes , mortising of plates and the casting, finishing, and mounting of all such plates including plastic, rubber and elec- trotype plates . .. . This shall also include direct printing, which will consist of registering, bending, sawing, filing and crimping of any various size plates or cuts and adhering to press saddle plates for ultimate use in the production of printed matter. In the event of the introduction of any new proc- ess, machinery or equipment affecting the stereo- type department as herein defined, the Company agrees to give the Union 120 days notice as to the time it expects to put such new process , machinery or equipment into operation for production, and agrees to provide training for journeymen , repre- sented by the Agreement, in the operation of such equipment. The Stereotypers contends that its jurisdiction in- cludes work involving plastic and work involving direct printing. However, the direct printing clause specifi- cally defines the work involved, and does not include the production of plastic plates. The reference to direct printing is concerned with the mounting rather than the production of plates and thus provides no basis for the application of the clause to the making of dycril plates. Furthermore, the reference to plastics clearly contemplates the process after the plate has left the hands of the photoengravers. The draft agreement between the Employer and the Stereotypers also contains a clause stating that the par- ties agree to be bound by the constitution and general laws of the International Stereotypers and Electrotyp- ers Union. The constitution contains language stating that Stereotypers work includes, among other things, molding in any type of material, the preparation of such molding material, and the casting, molding, and processing of plates for printing in lead, and the prepa- ration of such molding material, and the casting, mold- ing, and processing of plates for printing in lead, and the preparation of all casting material, including plas- tic. It is clear that the constitution makes no reference to the creation of the dycril plate itself, but only to the casting and molding of such plates . Nor does the con- stitution mention any of the photoengraving machines. In addition, the constitution contains a craft agreement between the Stereotypers and Photoengravers, by which the parties agree that "all work performed on photo-engravings properly belongs to and is conceded to the members of the Photo-Engravers' Union." 2. Area, craft, and industry practice The DuPont process, as well as other plastic plate- making processes, is not in widespread permanent use in the newspaper industry. However, the record reveals that at newspapers where a plastic process is used the trend is toward the use of photoengravers as operators of the machinery involved in the creation of the plastic plate. There are a number of plastic platemaking processes developed by various manufacturers which are very similar to the DuPont dycril process used at the Kansas City Star. They are all basically the same, with varia- tions according to their manufacture . At the newspa- pers identified by the record, the work has been as- signed to photoengravers. 3. Job impact The record shows that , although the introduction of the DuPont process will result in the addition of mounting operations to the stereotypers' work when the plastic plate is used for direct printing, the assign- ment of the work to photoengravers would eliminate the molding, drying and casting operations now per- formed when the plate is used as a pattern plate. However, the Employer is not now prepared to directly print all of its newspaper pages from plastic plates. At the present time, stereotypers are still required to make cast lead plates from the zinc or plastic relief plate and the introduction of the DuPont process on an experi- mental basis has not forced a reduction in the number of stereotypers. For as long as the current platemaking process continues, with a combination of plates used as pattern plates and for direct printing, none of the stereotypers will lose his job . It is true that in several years, when the technology is available which will al- low the Employer to print directly 100 percent from plastic, it will be unnecessary to employ a full comple- ment of stereotypers . However, even with direct print- ing from plastic, there would remain a substantial need for the stereotypers to attach the plates to saddles for mounting on the presses. KANSAS CITY LOCAL 235 If the plastic platemaking were awarded to the stereotypers, there would be a 70-percent reduction in the number of photoengravers needed to do the camera work, while the Employer would have to increase the number of stereotypers. For the present time, there is no unfavorable job impact on either Union. Any impact will come only when direct printing is feasible, when some of the stereotypers may lose their jobs (unless the Stereo- typers agrees to a job placement program which the Employer has proposed for displaced members). An immediate award to the stereotypers would result in a far more unfavorable impact on the photoen- gravers. 4. Economy and efficiency The record contains much evidence as to the economy and efficiency gained by awarding the work to the photoengravers. The platemaking process, whether the plate is zinc or plastic, is a highly inte- grated process requiring constant interchange and communication among the photoengravers. Awarding the work to the photoengravers also increases flexibility among the employees, since each photoengraver can and does perform each of the necessary steps. It was further pointed out that the dycril process requires a knowledge of engraving to be able to make necessary decisions and corrections on the photographic negative used to make the plate. The photoengravers are skilled in the camera work. Even if stereotypers could be trained to spot a problem, it would still require a photo- engraver to define the problem and correct it. Presently the photoengravers work on third floor of the Employer's plant, while the stereotypers are located on the second floor. If the stereotypers were awarded the work, the machinery would have to be moved. This would not be practical since it would necessitate con- stantly transporting a fragile negative between floors, with the likelihood of damage. Furthermore, the plastic process requires a special environment of lighting and cleanliness which now exists in the photoengravers' area, but which would have to be specially created on the stereotypers' floor. Thus, an assignment to the stereotypers would dis- rupt an integrated, functionally efficient operation, and substitute for it a divided operation, physically separate and separately supervised. 5. Skill There is no question that the photoengravers possess the skills necessary to make plastic plates using the DuPont machines. Neither is there doubt that ster- eotypers could be trained in the process. Neverthe- less, in comparing the relative skills of each and considering the apprenticeship program sponsored 137 by the Photoengravers, it appears that the skills presently possessed by the photoengravers as those skills related to the zinc process are more relevant to the Employer' s needs in the operation of the Du- Pont dycril machines. 6. Employer preference In December 1973, on the basis of jurisdictional provisions in the respective contracts and relying heavily on the skills of the photoengravers, the Em- ployer assigned the work in dispute to the photoengrav- ers. The record indicates that the Employer is satisfied with the results of the assignment and maintains a preference for an assignment of the work to the photo- engravers. Conclusion Upon the record as a whole, and after full considera- tion of all the relevant factors involved, we conclude that the employees represented by the Photoengravers are entitled to the disputed work and we shall deter- mine the dispute in their favor. Where, as here, the DuPont process is closely analogous to traditional photoengraving, and the evolutionary clause of the Photoengravers contract appears to embrace it; where skill, efficiency, and economy are furthered by an as- signment of the work to the photoengravers; where there is craft and area practice which, though not con- clusive, favors such an assignment; and where the Em- ployer has been satisfied with and continues to prefer the assignment, we must conclude that an assignment of the work to the photoengravers is warranted. In making this determination, we are assigning the disputed work to photoengravers employed by the Em- ployer and represented by Local 235, but not to the Photoengravers or its members. Our present determi- nation is limited to the particular dispute which gave rise to this proceeding. DETERMINATION OF DISPUTE Pursuant to Section 10(k) of the National Labor Re- lations Act, as amended, and upon the basis of the foregoing findings and the entire record in this proceed- ing, the National Labor Relations Board hereby makes the following Determination of Dispute: Photoengravers employed by the Employer who are currently represented by Kansas City Local 235, Graphic Arts International Union, are entitled to per- form the work of producing plastic relief plates by operation of the DuPont machines, including all steps up to the drying of such plates, but excluding the mounting operation.