Wilson-Jones & Co.

In the Matter Of WILSON-JONES & COMPANY and AMALGAMATED LITHOGRAPHERS OF AMERICA, LOCAL 4, A. F. OF L. Case No. R-1965.-Decided August 20, 1940 Jurisdiction : office supplies and stationery equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: dis- pute as to appropriate unit; effect of existing contract subject to Board action; election unnecessary. Unit Appropriate for Collective Bargaining : employees of the lithographic de- partment. Tenny, Harding, Sherman & Rogers, by Mr. George B. Rogers and Mr. W. W. Miller, of Chicago, Ill., for the Company. Mr. Fred W. Zeitz, of Chicago, Ill., for the Amalgamated. Miss Marcia Hertzmark, of counsel, to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On May 14, 1940, Amalgamated Lithographers of America, Local 4,1 herein called the Amalgamated, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois), a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Wilson-Jones & Co., Chicago, Illinois, herein called the Company and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the'Act. On June 4, 1940, the Amalgamated filed an amended petition with the Regional Director. On June,12, 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 Regulations-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. On July 22, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Amalga- mated and United Loose-Leaf and Blank Book Workers, Local In- I The petition incorrectly designated the local as Local 204. 26 N. L. R. B., No. 85. 835 836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD dustrial Union No. 148, C. I. 0., herein called the United, a labor organization named in the petition as claiming to represent em- ployees of the Company. Pursuant to notice, a hearing was held on July 29, 1940, at Chicago, Illinois, before Charles F. McErlean, the Trial Examiner duly desig- nated by the Board. The Company was represented by counsel and the Amalgamated'was represented by its local president. No appear- ance was entered. for the United. ' Full opportunity to be heard, to examine and cross-examine witnesses and to introduce, evidence was afforded all parties. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Wilson-Jones & Co. is a Massachusetts corporation with its: prin- cipal office and place of business at Chicago, Illinois. - It has manu- facturing plants situated in Elizabeth, New Jersey,; Chicago, Illinois; San Francisco, California; and Kansas City, Missouri, where it is engaged in the manufacture, sale, and distribution of loose-leaf file and stationery equipment, indices, record-keeping devices, and other general office supplies. We are here concerned with its plant at Chicago, Illinois. , " I t The principal materials used by the Company at that plant during the first 6 months of 1938 were paper and board valued at approxi- mately $175,000; leather and imitation leather, valued at' approxi- mately $45,000; and steel and other material, valued at'approximately $30,000. About 99 per cent of the paper and board, 97 'per 664" of the leather and imitation leather, and 90 per cent of the steel and other materials were procured outside the State of Illino is. During the same period, 75 per cent of the ' Company's products, valued at approximately $1,306,000, were shipped to 'poiiits outside, the' State of Illinois. There has been no substantial change in the business 'of the Company at its Chicago plant and the percentages and values set out above were approximately the same for the` first 6 months` of 1940. , •. ''; II. THE ORGANIZATIONS INVOLVED Amalgamated Lithographers of America, Local 4,' is, a' labor organ- ization affiliated with the American Federation of: Labor, admitting to membership lithographers employed .by the Company. United Loose-Leaf and, Blank Book Workers, Local Industrial Union No. 148, is a labor organization affiliated with the„Congress of Industrial Organizations, admitting to membership employees, of the Company. ,,.,, .,-,WILSON,-JONES, & COMPANY - 837 III. THE {QUESTION CONCERNING REPRESENTATION The Amalgamated 'made its first request: upon the Company';to baigain'for the lithographers in the plant about April 1939. About September 1, 1939, the Amalgamated was successful in securing 'a wage increase for the lithographers 'and `at that time" requested • that th'e Company enter into a contract covering 'th'ese employees. ' The Company refused" to do' so, but 'continued to call' upon the Amal- gamated to supply it with lithographers for work in its plant. 'On May 7, 1940, having heard that the Company contemplated signing a closed-shop contract with the United which would include the "lithographers, ' the Amalgamated requested a contract covering the three employees of the 'lithographic department. The Company r'e- 'plied 'that because of the' activities of the United it was not in a posi- tion to negotiate,with the Amalgamated. On May' 14; 1940, the Amalgamated wrote a letter to the Company protesting the inclusion of the lithographers in any closed-shop contract with the United and requesting that the Company negotiate a contract with the' Amal- gamated for' these employees. 'On June 4, 1940, the Company 'en- tered into a closed-shop contract • with, the United, the recognition clause of which excepts certain employees represented by craft unions and "employees who may hereafter be included by the National Labor Relations ,Board' or' other proper governmental agency within an approp`riate' collective Bargaining unit to be represented -otherwise than by the Union, and employees in respect of whom a petition for certificate [sic] is pending before said Board." ' The Company took' the position at the hearing that it did rot know whether the lithographic department constituted an appropri ate unit and that it would not, therefore, recognize the Amalgamated as the respresentative of these employees. We find that a question has arisen concerning the representation of employees of the Company. • 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 . As indicated above,,the Amalgamated' contends that ,the three. em- 'ployees of the lithographic department of .the Company's Chicago plant, two of, whom! are journeymen lithographers' and,,the third an 323429-42-54 + ' , . 838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD apprentice, constitute a unit appropriate for the purposes of col- lective bargaining. The Company states that it does not know whether or not such unit is appropriate. The United did not appear at the hearing and makes no contention. The lithographers are skilled craftsmen who are required to serve an apprenticeship period of 4 years in order to become journeymen. The Company has in the past hired its lithographers through the Amalgamated and has negotiated with the Amalgamated with re- spect to wages. The lithographers are never employed in other de- partments nor are other employees ever transferred to the litho- graphic department. It is undisputed that the three employees of that department are members of the Amalgamated. On the basis of the foregoing, we find that the employees of the lithographic department at the Chicago plant of the Company con- stitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to such employees of the Company the full benefit of their right to self-organization and to collective bar- gaining, and will otherwise' effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES At the hearing the Amalgamated introduced undisputed evidence that the three employees of the lithographic department then em- ployed by the Company were members of the Amalgamated. The Company and the Amalgamated agreed at the hearing that the Board might certify the Amalgamated as the bargaining representative in the event the unit sought by the Amalgamated was found to be appropriate. On the basis of the foregoing, we find that the Amalgamated has been designated and selected by a majority of the persons employed by the Company in the unit herein found to be appropriate as the representative of such persons for the purposes of collective bargain- ing. It is, therefore, the exclusive representative of all the 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 this proceeding, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of the Company within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The employees of the lithographic department employed by the Company at its plant at Chicago, Illinois, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. WILSON-JONES & COMPANY 839 3. Amalgamated Lithographers of America, Local 4, A. F. of L., is the exclusive representative of all employees in such unit for the purposes of collective bargaining within the meaning of Section 9 (c) 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Amalgamated Lithographers of America, Local 4, A. F. of L. has been designated and selected by a majority of the employees of the lithographic department employed by Wilson-Jones & Co. at its plant in Chicago, Illinois, as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, Amalgamated Lithographers' of America, Local 4, A. F. of L. is the exclusive repre- sentative of all such employees for the purposes of collective bargain- ing in respect to rates of pay, wages, hours of employment, and other conditions of employment.