Western Tablet and Stationery Co.

In the Matter Of WESTERN TABLET AND STATIONERY COMPANY and INTERNATIONAL BROTHERHOOD OF BOOKBINDERS, LOCAL 179, AFL. In the Matter Of WESTERN TABLET AND STATIONERY COMPANY and INTERNATIONAL PRINTING PRESSMEN( AND ASSISTANTS UNION OF NORTH,AMERICA, LOCAL No. 15, AFL. In the Matter Of WESTERN TABLET AND STATIONERY COMPANY and ST. JOSEPH TYPOGRAPIIICAL UNION, LOCAL No. 40. Cases Nos. R-2458 to R-2460 inclusive.Decided May 6,1941 Jurisdiction : stationery equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: dis- pute as to appropriate unit ; elections necessary. Units Appropriate for Collective Bargaining : separate craft units comprising (1) employees in the composing room, including direct foremen but exclud- ing all executives above that rank; (2) binding, production, maintenance; warehousing, checking, and timekeeping employees with the exception of executives above the rank of a direct foreman, salesmen, and general office employees, but including those employees employed in the factory itself ; and (3) employees working on printing, embossing, envelope printing, and multi- lith presses, including direct foremen but excluding all executives above that rank. Direct foremen although having authority to recommend-the hiring and discharging of employees included in units at the request of the unions and over the Company's objection where it is customary for the unions to include such foremen for the reason that they are skilled workers and must be able to operate machines in order to give directions and orders on the technical parts of the work. Clerical employees employed in the factory included in one of the units over Company's objection where a substantial number of these employees have indicated their desire to be represented by the union which desires their inclusion. Grover cfe Watkins, by Mr. 0. W. Watkins, Sr., and Mr. 0. W. Watkins, Jr., of St. Joseph, Mo., for.the Company. Mr. D. T. Welch, of Kansas- City, Mo., and Mr. Warren S. Welsh, of St. Joseph, Mo., for the Bookbinders Union. Mr. Warren S. Welsh, of St. Joseph, Mo., and Mr. R. T. Brooke, of Kansas City, Mo., for the Pressmen Union. Mr. Warren S. Welsh, of St. Joseph, Mo., and Mr. John Edward Hicks, of Kansas City, Mo., for the Typographical Union. Mr. Frederick B. Parks, 2nd, of counsel to the Board. 31 N. L. R. B., No. 100. - 597 598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On March 10, 1941, International Brotherhood of Bookbinders, Local 179, A. F. L., herein called the Bookbinders Union, Interna- tional Printing Pressmen and Assistants Union of North America, Local No. 15, A. F. L., herein called the Pressmen Union, and St. Joseph Typographical Union, Local No. 40, herein called the Typo- graphical Union, filed with the Regional Director for the Seventeenth Region (Kansas City, Missouri) separate petitions, each alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Western Tablet and' Stationery Company, St., Joseph, Missouri, 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• March 26, 1941, 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; and pursuant to Article III, Section 10 (c) (2) of said Rules and Regulations, ordered that the three cases be consolidated for the purposes of the hearing. , On March 29, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon-the Company, the Bpokbinders Union, the Pressmen Union, and the Typographical Union. Pursu- ant to notice a hearing was held on April 7 and 8, 1941, at St. Joseph, Missouri, before Paul F. Nachtman, the Trial Examiner duly desig- nated by the Chief Trial Examiner. The Company, the Bookbinders Union, the Pressmen Union, and the Typographical Union were repre- sented by counsel or, official representatives and participated in the hearing. Full opportunity 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 and, on 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. On April 26, 1941, the Company filed a brief which the Board'has considered. Upon the entire record in the case, the Board makes the following: WESTERN TABLET & STATIONERY COMPANY X599 FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Western Tablet and Stationery Company, a Missouri corporation with its office and plant at St. Joseph, Missouri, is engaged in the man- ufacture, sale, and distribution of paper tablets, stationery, envelopes, light paper boxes, and other similar products. Approximately 90 per cent of the materials used in its business are shipped to it from places outside the State of Missouri. Approximately, 80 per cent of the fin- ished products manufactured at its plant are shipped to places outside the State of Missouri. During the year 1940, the Company's gross sales amounted to $3,500,000-$4,000,000. The Company employs ap- proximately 700 employees. H. THE ORGANIZATIONS INVOLVED International Brotherhood of Bookbinders, Local 179, affiliated with the American Federation of Labor, is a labor organization admitting employees of the Company to membership. International Printing Pressmen and Assistants Union of North America, Local No. 15, affiliated with the American Federation of La- bor, is a labor organization admitting employees of the Company to membership. St. Joseph Typographical Union, Local No. 40, affiliated with Inter- national Typographical Union of North America, is a labor organiza- tion admitting employees of the Company to membership. III. THE QUESTION CONCERNING REPRESENTATION At conferences between the unions and the Company on February 27, 28, and March 6, 1941, the union's requested the Company, to, recognize them as representatives of the Company's employees for purposes of collective bargaining in the three respective units claimed to be appropriate. The Company, questioning the appropriateness of the three units, refused to grant such recognition until the unions had been certified by the Board as representatives for those employees. Statements of the Trial Examiner, introduced in evidence at the hearing, show that the unions represent a substantial' number of employees in their respective units found below to be appropriate.' The Pressmen Union filed 32 authorization cards, dated between February and March 1941, with the Trial Examiner who found the signatures of 29 to be genuine and to be the names of persons on the Company's pay roll of March 29, 1941. There are about 33 or 35 employees in the unit found below to be appropriate. The Typographical Union filed 5 authorization cards, dated between February and March 1941, with the Trial Examiner, who found the signatures of all 5 to be genuine and ,s00 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that questions have arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to' labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNITS The Pressmen Union contends that all employees of the Company working on printing, embossing, envelope printing, and multilith presses, excluding all executives above the rank of a direct foreman, constitute a unit appropriate for the purposes of collective bargaining. The Typographical Union claims that a second draft unit is appro- priate, embracing all employees working in, the composing room with the exception of executives above the rank of a direct foreman. Such a unit would include employees who, set type by hand and those who Operate line-casting and type-setting machines, as well as proof- readers, make-up men, and'lock-up men. The Bookbinders Union claims that a third unit is also appropriate, consisting of all binding, production, maintenance, warehousing, checking, and timekeeping employees of the Company with .the exception of executives above the rank of a direct foreman, salesmen, general office employees, and those employees under the jurisdiction of the Pressmen and Typographical Unions. The Company contends that all the employees with the exception of executives, foremen, salesmen, and office and clerical employees con- stitute a single plant-wide unit appropriate for the purposes of collec- tive bargaining. `The Company's plant occupies three buildings, connected by bridges, runways, and conveyors. The manufacturing process is divided into the following principal departments: (1) Tablet, (2) Loose Leaf, (3) Loose Leaf Bindery, (4) Envelope, ( 5) Box Sta- tionery, (6) Plating, where linen or fancy finish to paper is applied, (7) Printing, (8) Box, (9) Bordering, (10) Mechanical, (11) Clerical. to be the names of persons on the Company 's pay roll of March 29, 1941. There are 5 employees in the unit found below to be appropriate. The Bookbinders Union filed'523 authorization cards , dated betNreen February and March 1941, with the Trial Examiner, who found the signatures of 512 to be genuine and to be the names of persons on the Company's pay roll of March 29, 1941 . There are approxi- mately 600 employees in the unit found below to be appropriate. ' WESTERN TABLET & STATIONERY COMPANY 601 The Company contends that all departments are so closely integrated, synchronized, and interdependent that a single plant-wide unit is appropriate for collective bargaining purposes. ' However, it appears that the employees of the composing room, pressroom, and bindery are highly skilled workers in their particular crafts and cannot work interchangeably in other departments. Evi- dence was introduced at the hearing indicating that the industry is almost universally organized on craft lines. The Unions are in agreement that there should be three units in the plant and there is no dispute among them as to the representation of employees. Although some of the employees claimed by the Book- binders Union are eligible for membership in other, craft unions, the Bookbinders Union seeks to represent them for the reason that the -unions to whom such employees might belong have not claimed jurisdiction and have made no attempt to organize them. Further- more, the Bookbinders Union' has authority to admit such employees to membership under these circumstances. Under the circumstances, we conclude the craft units are appropriate' The three Unions claim that direct foremen should be included in the appropriate units and that all executives above that rank should be excluded. The Company contends that the direct foremen, as well as their superior executives, should be excluded, for the reasons that they have the authority to recommend the hiring and discharging of employees and that they are representatives of the Company. How- ever, it appears that it is customary for the unions to include such foremen for the reason that they skilled workers and must be able to operate machines in order to give directions and orders on the technical part of the work. We shall include them in the units.' The Bookbinders Union would also include those clerical workers who are employed in the factory itself in keeping stock records and pay-roll charts., The Company seeks to exclude them, asserting that their work is more closely akin to,that of the general office employees and that they are' carried on the factory pay roll merely for the pay- master's convenience. A substantial number of these clerical em- ployees have indicated their desire to be represented by the Book- 2 See Matter of Gates Rubber Co. and Denver Printing Pressmen and Assistants Union, No. 40 and Denver Typographical Union, No. 4.9, 8 N. L. R. B. 303 ; Matter of Lightner Publishing Corporation of Illinois and Chicago Printing Pressmen's Union, No. 3, Chicago Typographical Union No. 16, 12 N. L. R. B. 1255; Matter of Aronsson Printing Co. and Detroit Printing Pressmen's and Assistants' Union No. 2 and Detroit Bindery Workers Union No 20 and Detroit Typographical Union No. 18, 13 N. L R. B. 799; Matter of Citizen News Co. and Los Angeles Typographical Union, 8 N. L. R. B 997, Matter of W. H. Kistler Stationery Co and Denver Printing Pressmen and Assistants Union No. 40, 18 N. L. R. B. 948, Matter of Adams Bros. Manifold Printing Co. and Topeka Typographical Union No. 121, 17 N. L. R. B. 974; Matter of I. C. Morgan, et al and International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, Local No. 694, 8 N. L. R. B 1139. 8 See Matter of Willys Overland Motors, Inc. and International Union, United Automo- bile Workers of America, Local No. 12, 9 N. L. R . B 924; Matter of W. H. Kistler Sta- tionery Co. and Denver Printing Pressmen and Assistants Union No . 40, 18 N. L. R. B. 948. 602, DECISIONS OF NATIONAL LABOR RELATIONS BOARD binders Union, and as indicated above, that union desires their inclusion. We shall include them in the Unit .4 We find that all employees of the Company working on printing, embossing, envelope printing, and multilith presses, including di- rect foremen but excluding all executives above that rank, constitute a unit appropriate for the purposes of collective bargaining. We find that all employees of the Company working in the com- posing room, including direct foremen but excluding all executives above that rank, constitute a unit appropriate for the' purposes of collective bargaining. We find that all binding, production, maintenance, warehousing, checking, and timekeeping employees of the Company, 'with the ex- ception of executives above the rank of a direct foreman, salesmen, and general office employees, but including those clerical employees em- ployed in the' factory itself, constitute a unit appropriate for the purposes of collective bargaining. ' We further find that these units 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 The unions seek to be certified on the basis of the records We are of the opinion, however, that the questions. concerning representation, can best be resolved by means of elections by secret ballot. The unions and the Company stipulated at the hearing that if elec- tions should be ordered, the pay roll of March 29, 1941, introduced in evidence, should be used to determine eligibility of employees to vote. We find no reason to depart from the agreement of the parties and .shall direct that those employees in the appropriate units whose names appear on the Company's pay roll of March 29, 1941, subject to such limitations and additions as are set forth in the Direction shall be eligible to vote in the elections. 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. Questions affecting commerce have arisen concerning'the repre- sentation of employees of Western Tablet and Stationery Company, St. Joseph, Missouri, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. See Matter of Aluminum Co. of America and International Union, Aluminum Workers of America, 8 N. L. R. B. 164; Matter of Willy8 Overland Motors Inc. and International Union, United Automobile Workers of America, Local No. 12, 9 N. L. R. B. 924. 11 See footnote 1, supra. WESTERN TABLET & STATIONERY COMPANY 603 2. The employees of the Company working on printing, emboss- ing, envelope printing, and multilith presses, including direct fore- men but excluding all executives above that rank, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 '(b) of the National Labor Relations Act. -, 3. The employees of the Company, working in the composing room, including direct foremen but excluding all executives above that rank, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 4. All binding, production, maintenance, warehousing, checking, and timekeeping employees of the Company, including clerical employees working in the factory and direct foremen but excluding executives above the rank of a direct foreman, salesmen, and general office em- ployees, 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 ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 8, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that,, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargaining with Western Tablet and Stationery Company, St. Joseph, Missouri, elections by secret ballot shall be conducted as soon 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 Seventeenth 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 employees in each of the following described groups who were employed by the Company during the pay-roll period end- ing March 29, 1941, including direct foremen and employees who did not work during such pay-roll period because they were ill or on vaca- tion or in the active military service or training of the United States or who were temporarily laid off, but excluding all executives above the rank of direct foremen and any employees who have since quit or been discharged for cause : (1) Among all employees of the Company working on printing, embossing, envelope printing, and multilith presses to determine whether or not they desire to be represented by International Print- ing Pressmen and Assistants Union of North America, Local No. 15, 604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD affiliated with the American Federation of Labor, for the purposes, of collective bargaining; (2) Among all employees of the Company working in the composing room to determine whether or not they desire to be represented by St. Joseph Typographical Union, Local No. 40, affiliated with Inter- national Typographical Union of North America, for the purposes of collective bargaining; (3) Among all binding, production, maintenance, warehousing, checking, and timekeeping employees of the Company, including cler- ical employees working in the factory, but excluding salesmen and general office employees, to determine whether or not they desire to be represented by International Brotherhood of Bookbinders, Local No. 179, affiliated with the American Federation of Labor, for the purpose of collective bargaining.,