Westerman Print Co.

DECISIONS AND ORDERS, OF THE NATIONAL LABOR RELATIONS BOARD In the Matter Of WESTERMAN PRINT COMPANY and CINCINNATI PRINT- ING PRESSMEN & ASSISTANTS UNION, LOCAL No. 11 Case No. R-1969.-Decided August 30, 1940 Jurisdiction : commercial printing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union ; election necessary. Unit Appropriate for Collective Bargaining : employees in the offset department, pressmen and assistant pressmen, including foremen without the power to hire and discharge, but excluding employees who devote a majority of their time to. duties outside these departments, the packer, stockman, and cutters. Miss Mary Telker, for the Board. Asher & Durr by, Mr. Chester Durr, of Cincinnati, Ohio, for the Company. Thorndike c6 Becker by Mr. Ralph Becker and Mr. Thomas J. Harris, of Cincinnati 'Ohio, for the Union. Mr. D. M. Byrd, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE . On June 6, 1940, Cincinnati Printing Pressmen & Assistants Union; Local No. 11, herein called the Union, filed with the Regional Director for the Ninth Region (Cincinnati, Ohio), a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Westerman Print Company, Cincinnati, Ohio, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 18, 1940, the National Labor Relations Board,i 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 27 N. L. R. B:, No. 1. 1 323428-42-vol. 27-2 2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD amended, ordered an investigation and authorized the Regional Direc- tor to conduct it and to provide for an appropriate hearing upon clue notice. . On July 19, 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 July 26, 1940 , at Cin- cinnati , Ohio, before Philip G. Phillips, the Trial Examiner duly designated by-the Board. The Board , the Company, and the Union were,:represented by counsel :and participated in the hearing., Full opportunity. to be heard, to examine .and dross -examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings upon motions and objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed . The rulings are hereby affirmed. During the hearing the Trial Examiner reserved ruling on a motion made by the Company to dismiss the petition-for lack of jurisdiction of the Board over the operations of the Company. The motion ' is hereby denied. Pursuant to leave granted by the Trial Examiner , the Union and the Company filed briefs which the Board has considered.. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Westerman Print Company-is an Ohio corporation having its office and principal place of I business in Cincinnati, Ohio. The, Company is engaged in the manufacture , sale, and distribution of commercial printing, including letterheads, advertising material, and office forms. Raw materials , consisting principally of paper and ink, purchased by the Company during the period from January 1, 1940, through May 31, 1940, amounted to $55,081.94. Of these raw materials ap- proximately 1 per cent , amounting in value to $449.34, was purchased outside the State of Ohio. During the same period the total sales of the Company amounted to $145,221 .63, less than one-half of 1 per cent of which, amounting to $759.23, was sold and shipped to cus- tomers located outside the State of Ohio. In addition to these out- of -State sales, approximately 171/ per cent of all the business done by the Company during this period, amounting in value to $25,542.96, was delivered by the Company to public carriers in Ohio for ship- ment for a local customer, The _ Proctor & Gamble 'Company, to destinations in States other than the State of Ohio. I WESTERMAN PRINT COMPANY 3 II. THE LABOR ORGANIZATION INVOLVED . Cincinnati Printing Pressmen & Assistants Union, Local No. 11, of the International Printing Pressmen and Assistants Union of North America; affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the ,Company in the offset department and the press room and other workers similarly engaged in Cincinnati and vicinity. III. THE QUESTION. CONCERNING REPRESENTATION. Between March 1, and June 1940, the Union through_ its inter- national representative, sought recognition from the Company as the' representative of its press-room employees., The Company offi- cials, however, refused to grant such recognition. 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 alid'tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT In its petition the Union alleged that employees in the offset department and pressmen and their assistants constitute an appro- priate bargaining unit. At the hearing the Union clarified its posi- tion and sought the exclusion of employees who, although their duties involve, work in the two departments, nevertheless devote a majority of their time to duties outside these departments or to duties not related to the printing process.' The Company raised no objection to the unit desired by the Union but questioned the Union's conten- tions with respect to individual employees. . The Union would exclude from the unit Henry Meyer, the packer, August Meyer, the stockman, and three cutters, Emil Grueninger, Walter Meyer, and Joe Murray whose duties consist mainly in such tasks as. their respective classifications imply: Although none of ' The Union would include within the unit employees who devote a majority of their time to' work as press feeders or to the operation of folding machines 'attached to the presses. . . 4- DECISIONS OF NATIONAL LABOR RELATIONS BOARD them is a pressman, on occasions the packer guides sheets. from the presses and supplies gasoline to be used in cleaning the presses, while' the stockman and the cutters are more confined to their pri- mary tasks. Since these employees devote a majority of their time to duties not related to those. of pressmen, we shall exclude them from the appropriate unit. The Union would also exclude those employees in the composing, room and in the bindery who- devote a majority of their time to duties outside of the press room and the offset department 2 The employees in the bindery occasionally perform folding, operations in the press- room and the compositors at times operate presses when there is little work to be done in the composing room. Since. during a majority, of their time, these employees are engaged in duties outside the press room and offset department, we shall also exclude them from the appropriate unit. The Union would exclude foremen of the press room and offset department if it was established that they have the power to hire or discharge. The evidence shows that foremen do not have such authority but -that they are consulted, at times, for their opinions in regard to these matters. We shall therefore include foremen within the appropriate unit. The Company from time to time employs persons described-as temporary. employees who work several days of a week, are'.laid off; and then recalled. Neither party expressed any desire with respect ..to the inclusion or exclusion of such employees. Under these cir- cumstances, we shall include such temporary employees within the appropriate unit. We find that all employees in the offset department, pressmen and assistant pressmen, including foremen without the power to' hire and discharge, 'but excluding employees who devote a majority of their time to duties outside these departments, the packer, stockman, and cutters, constitute a unit appropriate for -the purposes, of col- lective 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 A statement of the attorney for the Board, acting for the Regional Director, was introduced into evidence and showed that a substantial number of the Company's employees within the appropriate unit had designated the Union as their • representative for the purposes 2 It was stated for- the Union that . the women employees wherever employed are not eligible for membership. WESTERMAN PRINT COMPANY 5 of collective, bargaining. We find that the ' question concerning representation which has arisen and now exists can best be resolved by the holding of an election by secret ballot among the employees in the appropriate unit to determine their desires with regard to representation. In accordance. with our usual practice, we shall direct that eligi- bility be determined by the pay roll immediately preceding the date of this Direction of Election. We shall direct that employees of the Company -within the appropriate unit hereinbefore described, who were employed by the Company during the pay-roll period immediately preceding the date of this Direction of Election, in- eluding employees who, as of such period, were ill, on vacation, or temporarily laid off, but excluding any such, employees who have since quit or been discharged for cause, shall be eligible to vote in the election. 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 Westerman Print Company, Cincinnati, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2.' All employees in the offset department, pressmen and assistant pressmen, including foremen without the power to hire and dis- charge, but excluding employees who devote a majority of their time to duties outside these departments, the packer, stockman, and cutters; constitute a unit - appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations' Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National s Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIrncTrn that, as part of the investigation authorized by the Board to ascertain representatives for the purpose of collective bargaining with Westerman Print Company, Cincinnati, Ohio, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Ninth 6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Region, acting in this matter as agent for the National, Labor Rela tions Board, and subject to Article III, section 9, of said Rules and Regulations, among all employees in. the offset department, pressmen, acid assistant pressmen of, the. Company -who were employed during the'pay-roll period immediately preceding.the date of this Direction, including foremen without the power to hire and- discharge, and employees who did not work during such pay-roll period because they were ill, on vacation, or temporarily laid off, but excluding employees who devote a majority of their time to duties outside these departments, the packer, stockman, and cutters, and employees who have: since quit or been discharged for cause, to determine whether or not they desire to be represented by Cincinnati Printing Pressmen Assistants Union, Local No. 11, -for the purposes of collective bargaining. [SAME TITLE] SUPPLEMENTAL DECISION AND. ORDER October 3, 1940 On August 30, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceedings. Pursuant, to the Direction of Election an election by secret ballot was conducted on September 17, 1940, under the direction and supervision of the Regional Director for the Ninth Region (Cincinnati, Ohio). On September. 18, 1940, the Regional Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct of the. ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Number of alleged eligible voters______________ ___________32 Number of ballots placed in ballot box ______`________________ 31 Number of unchallenged ballots for Cincinnati Printing Press- men & Assistants Union, Local No. 11_ _____________________ 8 -Number of unchallenged ballots . against Cincinnati Printing Pressmen & Assistants Union, Local No. 11_________________ 22 Number of challenged ballots --------------------------------- 0 Number of blank ballots____________________________________ 0 Number of spoiled ballots ___________________________________ 1 " WESTERMAN PRINT COMPANY 7 The results of the election'show that no collective bargaining repre- sentative has been selected by a ' majority of the. employees in an appropriate unit. The petition of Cincinnati Printing Pressmen and Assistants Union, :Local No. 11 for an investigation and certification of representatives of Employees of Westerman Print Company, Cin- cinnati, Ohio, will therefore, be dismissed. ORDER By virtue of Section 9. (c) of the National Labor Relations 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 ORDERED that the petition for investigation and certification of representatives of employees of Westerman Print Company, Cincin- nati, Ohio, filed by Cincinnati Printing Pressmen and Assistants Union, be, and it hereby is; dismissed. .27 N. L. R. B., No. 1a. I