Neo-Gravure Co. of Chicago

In the Matter of NEO-GRAVURE COMPANY OF CHICAGO and CHICAGO PAPER HANDLERS' UNION, LOCAL NO. 2, AFFILIATED WITH INTER- NATIONAL PRINTING PRESSMEN & ASSISTANTS' UNION (A. F. OF L.) Case No. R-1852.-Decided June 10, 1940 Rotogravure Printing Industry-Investigation of Representatives : controversy concerning representation of employees : refusal by employer to recognize union until definite proof of majority-Unit Appropriate for Collective Bargaining: all persons employed as paper handlers , including foremen, but excluding other supervisory employees , clerical employees, and extra help; stipulation as to- Representatives : proof of choice : employer conceded Union's claim of majority- Certification of Representatives : upon proof of majority representation. Mr. Charles F. McErlean, for the Board. Mr. Albert A. Port, for the Company. Mr. William J. Granata, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On February 16, 1940, Chicago Paper Handlers' Union, Local No. 2, affiliated with International Printing Pressmen & Assistants' Union, herein called the Union, filed with the Regional Director for the Thir- teenth Region (Chicago, Illinois), a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Neo-Gravure Co. of Chicago, Chicago, Illinois, herein called the Company, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the National Labor Re- lations Act, 49 Stat. 449, herein called the Act. On April 13, 1940, the Union filed an amended petition with the Regional Director. On May 11, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 24 N. L. R. B., No. 50. 524 NEO-GRAVURE COMPANY 525 On May 14, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, a hearing was held on May 22,1940, at Chicago, Illinois, before Earl S. Bellman, the Trial Examiner duly designated by the Board. The Board, the Company, and the Union were rep- resented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACTS 1. THE BUSINESS OF THE COMPANY Neo-Gravure Co. of Chicago is an Illinois corporation having its offices and plant in Chicago, Illinois, where it is engaged in the busi- ness of rotogravure printing. The Company uses approximately 78 carloads of paper a month, approximately all of which is purchased outside the State of Illinois by the Company's customers. Approxi- mately 50 per cent of the Company's production is shipped by it to points outside the State of Illinois. The Company employs approxi- mately 266 employees, 23 of whom are paper handlers. H. THE ORGANIZATION INVOLVED Chicago Paper Handlers' Union, Local No. 2, affiliated with Inter- national Printing Pressmen & Assistants' Union, is a labor organi- zation affiliated with the American Federation of Labor, admitting to membership all persons employed by the Company as paper han- dlers including foremen, but excluding other supervisory employees, clerical employees, and extra help. III. THE QUESTION CONCERNING REPRESENTATION Prior to the filing of the petition herein, the Union requested the Company to bargain with it as the representative of a majority of the Company's employees in the unit which the Union claims to be appropriate. The Company and the Union could not agree upon a method of resolving the Union's claim to a majority. We find that a question has arisen concerning the representation of employees of the Company. 526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union and the Company agreed at the hearing, by stipulation, that all persons employed as paper handlers at the Chicago plant of the Company, including foremen, but excluding other supervisory em- ployees, clerical employees, and extra help, constitute an appropriate bargaining unit. We see no reason for departing from such unit. We find that all persons employed as paper handlers at the Chi- cago plant of the Company, including foremen, but excluding other supervisory employees, clerical employees, and extra help, constitute a unit appropriate for the purpose of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES At the hearing, the Union claimed to represent a majority of the employees in the appropriate unit and submitted for inspection 12 membership cards in support of its claim. Counsel for the Com- pany inspected the cards, satisfied himself as to their authenticity, expressly conceded on behalf of the Company that the Union repre- sented a majority of the employees in the appropriate unit, and stated that the Company did not desire an election prior to certification of the Union by the Board. We find that the Union has been designated and selected by a ma- jority of the employees in the appropriate unit as their representa- tive for the purposes of collective bargaining. It is, therefore, the exclusive representative of all employees in such unit for the purposes of collective bargaining, and we will so certify. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Neo-Gravure Co. of Chicago, Chicago, Illi- NEO-GRAVURE COMPANY 527 nois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All persons employed as paper handlers at the Chicago plant of the Company, including foremen, but excluding other supervisory employees, clerical employees, and extra help, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Chicago Paper Handlers' Union, Local No. 2, affiliated with International Printing Pressmen and Assistants' Union, is the ex- clusive representative of all the employees in such unit for the pur- poses of collective bargaining, within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES • By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, IT IS HEREBY CERTIFIED that Chicago Paper Handlers' Union, Local No. 2, affiliated with International Printing Pressmen & Assistants' Union and the American Federation of Labor, has been designated and selected by a majority of all persons employed as paper handlers at the Chicago plant of Neo-Gravure Co. of Chicago, Chicago, Illinois, including foremen, but excluding other supervisory employees, clerical employees, and extra help, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Chicago Paper Handlers' Union, Local No. 2, affiliated with Interna- tional Printing Pressmen. & Assistants' Union and American Federa- tion of Labor, is, the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.