Sampson & Murdock Printing Co.

In the Matter of SAMPSON & MuiwocK PRINTING CO. and BOSTON TYPOGRAPHICAL UNION No. 13 OF THE INTERNATIONAL TYPOGRAPIII- CAL UNION OF NORTH AMERICA Case No. R-0462.-Decided May 6,1941 Jurisdiction : printing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until it can present affirmative evidence that it represents a majority of ,the employees it claims ; election necessary. Unit Appropriate for Collective Bargaining : all composing-room employees, including machine-type setters, hand-type setters, make-up men, machinists, and machinists' helpers, but excluding clerical employees, shippers, proof boys, job press operators, proof press boys, and supervisory employees with the rank of foreman or higher. Mr. Allan Seserman, of Boston, Mass., for the Company. Mr. Frank E. Connor, and Mr. William Rose,, of Boston , Mass., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 12, and March-19, 1941, respectively, Boston Typo= graphical Union No. 13 of the International Typographical Union of North America, herein called the Union, filed with the Regional- Difector for the First Region (Boston, Massachusetts) a petition and an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of Sampson & Murdock Printing Co., Boston, Massachusetts, herein called the Company, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 27, 1941, the Na- tional Labor Relations Board, herein called the Board, acting pur- suant to Section 9 (c) of the Act and Article III, Section 3, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as 31 N. L. R. B., No. 102. 609 610 DECISIONS OF NATIONAL LABOR RELATIONS BOARD amended, ordered an investigation and authorized the Regional Di-, rector to conduct it and to provide for an appropriate hearing upon due notice. On March 31, 1941,• the Regional Director issued a. notice a hear- ing, copies of, which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on April 8,1941, at Boston, Massachusetts, before . Edward Schneider, the . Trial Ex- aminer duly designated by the -Chief Trial Examiner. The Com- pany was' represented by counsel, the Union by its representatives; both participated in the hearing. During the course of the hearing the Trial Examiner made several rulings on motions and on objec- tions to the admission of evidence. The Board has reviewed the rul- ings of the Trial Examiner and finds that no prejudicial errors were committed. • The rulings are hereby affirmed. - - On April 16, ` 1941, the Company requested permission to argue orally before the Board. On April 17, 1941, the Board denied that, request but granted all parties until April 24, 1941, to file' briefs. Subsequently the Union filed a brief, which the Board has considered. Upon the entire record in,the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Sampson & Murdock Printing Co., a Massachusetts corporation, is engaged in the business of printing city directory pages at Boston, Massachusetts. All the raw materials used by the Company are purchased by it within the State of Massachusetts. The Company does an annual business of about $127,000, all of which is sold to R. L. Polk & Co., Boston, Massachusetts, its parent corporation. R. L. Polk & Co. in turn ships 60.8 per cent of the Company's product to points outside the State of Massachusetts. The Company employs approximately 25 employees. H. THE ORGANIZATION INVOLVED Boston Typographical Union No. 13' of the International Typo- graphical Union of North America is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to bargain with the Union until such time as the Union can present, "affirmative , substantive evidence that it represents a majority of the employees it claims." A statement of the Regional Director introduced in evidence at the hearing shows SAMPSON & MURDOCK PRINTING CO. 611 that -the Union represents a substantial ,number of employees in the alleged appropriate unit.' 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 The Union urges that all composing-room employees of the Com- pany, including machine type-setters, hand-type _ setters, make-up men, machinists and machinists' helpers, but excluding clerical em- ployees, shippers, job press operators, proof boys, proof press boys, and supervisory employees with the rank of foreman or higher, con- stitute an appropriate unit. The Company did not state its position with respect to the appropriate unit, but apparently indicated by its counsel's examination that the proof boys; job press operators, shippers, and proof press boys should probably be included in the unit. The proof-boys, proof press boys, shippers, and job press operators are not eligible to membership in the Union, the job press operators because they are eligible to membership in another labor organization affiliated with the American Federation of Labor, with which the Union is affiliated, and the proof boys, proof press boys, and shippers because they are unskilled laborers. There has been no history of bargaining between any labor organizations and the Company. We find that the proof boys, proof press boys, shippers, and job press operators should be excluded from the unit. The unit remaining is a typical craft unit. The Company employs two employees named Murch and Drake who are classified by it as intertype operators. These employees perform the same duties as the other intertype operators in the department, but in addition to their regular duties hand out copy to the other'employees. The Union contends that they should be excluded from the unit on the ground that they are supervisory employees receiving a higher rate,of pay than the regular intertype ' The Regional Director's statement shows that 8 employees whose names appear on the Company's pay roll immediately preceding April 1, 1941 , have signed membership applica- tion cards in the Union There are 15 employees on this pay roll who are in the alleged appropriate unit. 441843-42-vol. 31-40 612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD operators. They have no, authority to hire or discharge employees -or to recommend the hire or discharge of employees. The vice presi- dent of the Company testified that they receive a higher rate of pay than the other intertype operators so that would not be penalized for the time spent in handing out copy. We find that Murch and Drake should be included in the unit. The Company has an em- ployee named Russell Watson who is classified by it as a hand compositor. r His duties are the same as that of the other hand compositors in the department, but in addition to his regular duties he is in charge of the composing room during - the absence of the superintendent. It does not appear from the record how frequently or for how long a period the superintendent is absent. We find that Russell Watson should be included in the unit. We find that all composing-room employees of the Company, including machine-type setters, hand-type setters, make-up men, machinists, and machinists' helpers, but excluding clerical employees, shippers, job press operators, proof boys, proof press boys, and supervisory employees with the rank of foremen or higher, constitute a unit appropriate for the purposes 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 i We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. It appears that the Company laid off six employees in January 1941. The Union contends that these six employees should be eligible to vote in the election. The vice president of the Company testified that all these six employees have been with the Company for a period of at least 2 years, have been laid off in past years and re- called, and that it is the intention of the Company to recall these employees when business warrants it. It appears that these six em- ployees have always returned to work in the past when -recalled by the Company. We find that these employees should be eligible to vote in the election to be directed hereinafter. The Union also urges that a Miss Sillow ty be deemed eligible to vote. However, it appears from the record that she voluntarily left the employ of the Company. We find that Miss Silloway should not be eligible to vote in the election. We find that the employees of the Company eligible to vote in the election shall be those in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction hereinafter. SAMPSON & MURDOCK PRINTING CO. 613 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 Sampson & Murdock Printing Co., Boston, Massachusetts, within the meaning of Section 9' (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All composing-room employees of the Company, including ma- chine-type setters, hand-type setters, make-up men, machinists, and machinists' helpers, but excluding clerical employees, shippers, proof boys, job press operators , proof press boys, and supervisory employees with the rank of foreman or higher, 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 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 DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Sampson & Murdock Printing Co., Boston , Massachusetts, 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 First Region, acting in this matter as agent for the National Labor Relations Board and subject to , Article III, Section 9, of said Rules and Regulations, among all composing -room employees of the Com- pany who were employed during the pay-roll period immediately pre- ceding the -date of this Direction, including machine-type setters, hand-type setters, make-up men, machinists, machinists' helpers, employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or train- ing of the United States , or temporarily laid off, but excluding clerical employees, shippers, proof boys, job press operators, proof press boys, supervisory employees with the rank of foreman or higher, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Boston Typographical Union No. 13 of the International Typo- graphical Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining.