AGI Klearfold, LLC

National Labor Relations Board - Board Decisions

Aug 9, 2007

350 N.L.R.B. 538 (N.L.R.B. 2007)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
350 NLRB No. 50
538
AGI Klearfold, LLC and Graphic Communication
International Union, Chicago Local 458-3M, Pe-
titioner. Case 13–RC–21129
August 9, 2007
DECISION ON REVIEW AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS SCHAUMBER
AND WALSH
On February 10, 2004, the Acting Regional Director
for Region 13 issued a Decision and Direction of Elec-
tion in the above-titled proceeding in which she found,
among other things, that the petitioned-for unit of all
press department employees, including the first press
operators, second press operators, feeders, helpers, and
the press room clerk, was appropriate.
Thereafter, in accordance with Section 102.67 of the
National Labor Relations Board’s Rules and Regulations,
the Employer filed a timely request for review. The Em-
ployer argued that the petitioned-for unit does not consti-
tute a craft or departmental unit, and that the unit should
include all production and maintenance employees in the
lithographic process1, or, at a minimum, must include the
pre-press department employees.
By Order dated March 31, 2004, the Board granted the
Employer’s request for review with respect to the Acting
Regional Director’s unit determination.2 The election
was conducted as scheduled on March 18, 2004, and the
ballots were impounded. The Petitioner filed a brief on
review.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
We have carefully considered the entire record in this
proceeding, including the brief on review, and have de-
cided to reverse the Acting Regional Director’s finding
that the petitioned-for unit is appropriate. We conclude
that the smallest appropriate unit is one consisting of the
Employer’s press and pre-press department employees.

1 As we understand it, this is the same as all production and mainte-
nance employees.
2 The Board (Members Meisburg and Walsh, Member Schaumber
dissenting) denied the Employer’s request for review of the Acting
Regional Director’s determination that first press operators were not
statutory supervisors. The Employer filed a motion for reconsideration
of that denial. In light of our decision here, and the subsequent issu-
ance of Oakwood Healthcare, Inc., 348 NLRB 686 (2006), Golden
Crest Healthcare Center, 348 NRLB 727 (2006), and Croft Metals,
Inc., 348 NLRB 717 (2006), we grant the Employer’s motion to the
extent that it raises issues regarding the first press operators’ authority
with respect to assignment and responsible direction of employees and
remand this issue to the Regional Director for reconsideration, if neces-
sary.
Facts
The Employer produces consumer packaging for cli-
ents in the media and cosmetic industries in Melrose
Park, Illinois. The Employer produces three-dimensional
packaging solutions, which include rigid box packaging,
folding carton packaging, media packaging for compact
disks and digital video devices, and print advertising
inserts, sleeves, and unglued cartons for tobacco prod-
ucts.
The Employer’s operation utilizes standard litho-
graphic printing, which occurs in three main stages: pre-
press, press, and binding or post-press. Pre-press em-
ployees prepare the materials necessary for operation of
the printing presses, transforming digital text and pic-
tures into finished pages, and making plates that embody
the finished pages. Press employees run the presses,
using the printing plates to produce printed sheets. Bind-
ery employees complete the final stage of production:
folding, cutting, and binding the printed sheets into the
finished product.
The Employer’s entire production operation is housed
in one building, with one common aisle running the
length of that building and few walls separating the work
areas. There are approximately 250 production and
maintenance employees organized into 10 separate de-
partments. These departments are physically arranged in
the order in which the product moves through the pro-
duction process.
The Employer’s production process is sequential; the
work of one department is dependent on the work being
accomplished timely and correctly by the preceding de-
partment. The process begins when a customer places an
order. First, a production planner creates a job ticket that
specifies the details concerning the order and the work to
be done. Once completed, a hard copy of the job ticket is
supplied to employees in each department by their re-
spective supervisors. Employees also have access to an
electronic job ticket through a plantwide database.
Next, employees in the sheeting department take rolls
of stock paper and cut them into individual sheets for
feeding into the printing presses. Then, employees in the
pre-press department create a job bag. The job bag in-
cludes the job ticket, a sample of the final printed prod-
uct, and other items needed during production, and ac-
companies the job as it progresses through the various
production stages.
The Employer’s pre-press department also receives all
incoming media and artwork from clients. At the start of
a new job, pre-press employees are responsible for trans-
forming this media into proofs for client approval and for
creating the job bag. Pre-press employees also make the
plates needed for operation of the printing presses. Pre-
AGI KLEARFOLD, LLC 539
press employees are divided into three groups: image
assemblers, film-strippers, and platemakers. Image as-
semblers use software to process the incoming digital
media into digital “die,” or the physical shape and di-
mension that the final printed image will assume.3 Film-
strippers convert archived film into digital format and
assemble the job bags. Platemakers perform the tradi-
tional pre-press task of making the printing plates, using
digital images obtained from the image assemblers and
film-strippers.
The pre-press department is housed within the main
warehouse in a separate, walled-off room. Once the
plates are completed, they are moved, together with the
job bag, to a “staging area” located in the corridor imme-
diately outside of the pre-press room. From this staging
area, the job bag and the completed plates will be picked
up by a press department employee. The pre-press de-
partment includes 12 permanent, full-time employees
and 3 temporary, full-time employees. Pre-press employ-
ees work 2 10-hour shifts and have a 30-minute
lunchbreak. Their salaries range from $10 to $26.18 per
hour.
The press department consists of 54 employees who
operate 6 printing presses, in crews of 2, 3, or 4 employ-
ees. The sole responsibility of the press employees is to
operate the presses. A typical four person crew is made
up of a first pressman, second pressman, feeder and
helper, each of whom performs a distinct function in the
operation of the press. There are 16 first pressmen, 12
second pressmen, 16 feeders, 9 helpers, and 1 pressroom
clerk. Press department employees’ wages range be-
tween $10.64 per hour, at the helper level, to $30.32 per
hour for the first pressmen.
After the press department completes its work, produc-
tion moves to the die-cutting department, where 19 em-
ployees cut the sheets by running them through a die-
cutting machine and applying foil or raised embossing to
the sheets. The product then goes to the finishing de-
partment, where 77 employees glue the cut images to the
product and assemble the packaging. Next, the 10 qual-
ity assurance department employees inspect the product
for compliance with industry standards and customer
specifications. The product then arrives in the rigid box
department, where 16 employees cut the printed sheets
that were not cut into individual shapes by the die-cutting
department and glue those sheets to boxes. Finally, the
17 employees in the shipping/receiving department ship
the finished product to customers and receive rolls of
stock paper. Additionally, seven employees in the main-

3 The dies are the province of the CAD/CAM department, where two
employees generate die vinyls to be placed in the job bag and develop
an initial sample product to show to the customer.
tenance department perform maintenance and repair on
plant machinery, including printing presses.
The Employer has an operations manager who is re-
sponsible for the facility and a plant manager who over-
sees the manufacturing operation. The press department
is run by three shift supervisors who report to a press
department manager. The press department manager
reports to the plant manager, who in turn reports to the
operations manager. The pre-press department is run by
a pre-press supervisor who answers to a pre-press de-
partment manager. The pre-press department manager
reports to the operations manager. The remaining de-
partments report either to the plant manager or the opera-
tions manager.
Employees from the various production departments
generally come into contact with one another at the plan-
ning stage or when a problem with the production proc-
ess arises. For example, if there is a defect in the printed
product which cannot be attributed to the work of the
press department, the press employees may consult the
pre-press department, though this type of interaction of-
ten occurs between a press department supervisor and a
pre-press department supervisor. Similarly, if a plate
needs to be adjusted to avoid “ghosting,” the press de-
partment may consult the pre-press department. This
type of problem is typically handled at one of the previ-
ously scheduled, daily “art meetings.” The departmental
representatives who attend these meetings are usually
supervisors, but a first pressman will attend the meeting
if a press supervisor is not available. Likewise, if a prob-
lem with the printing plates arises during production, a
pre-press employee may enter the press room and ob-
serve the plates on the press while the press is in opera-
tion.
Further contact between the press and pre-press em-
ployees occurs on the night shift, for which there is no
pre-press supervisor. If a problem with the plates arises
on the night shift, a first pressman, or the press shift su-
pervisor if one is available, may enter the pre-press de-
partment to provide assistance. Press employees will
also enter the pre-press room at any time they cannot find
all of the tools needed for the job, such as a plate, or the
job bag. On those occasions, the press employees will
look for the tools in the pre-press room.
Press employees and most other production and main-
tenance employees, excluding pre-press employees, wear
safety goggles and ear protection. All production and
maintenance employees attend regular training sessions
and general meetings. In addition, press department em-
ployees undergo monthly safety training on a departmen-
tal basis, but a portion of this training is the same as for
all production and maintenance employees. Press De-
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD540
partment employees also receive department-specific
training relating to the operation of the presses.
All production and maintenance employees enjoy the
same working conditions and benefits. They receive the
same orientation package and employee handbook; are
subject to the same policies regarding vacation and disci-
pline; and receive the same benefits package, including
health insurance, medical insurance, disability, and
401(k) plans. The Employer maintains teams and com-
mittees made up of a cross-section of employees, includ-
ing press department employees, which address matters
such as safety and emergency response. Press employees
share much of the same common areas with other em-
ployees; all hourly employees use the same timeclock,
have identical timecards, use the same break room and
smoking areas, and have access to common locker rooms
and parking lots. There is no history of collective bar-
gaining at the Employer’s facility.
Analysis
Based on the foregoing, we do not agree with the Act-
ing Regional Director that the petitioned-for group of
press employees constitutes an appropriate unit. Nor do
we find, as argued by the Employer, that only an overall
production and maintenance unit is the only appropriate
unit. Rather, we find, in agreement with the Employer’s
alternative contention, that the smallest appropriate unit
in this case is a “traditional lithographic unit” consisting
of both press and pre-press employees.
In its early consideration of units in the printing indus-
try, the Board found numerous groupings appropriate.
See, e.g., Sutherland Paper Co., 112 NLRB 622, 623–
624 (1955) (press unit); Kellogg Co., 104 NLRB 302,
304–305 (1953) (same); Pacific Coast Assn. of Pulp &
Paper Manufacturers, 94 NLRB 477 (1951); Vail-Ballou
Press, 15 NLRB 378 (1939). Subsequently, organizing
in the printing industry centered on attempts by unions to
represent combined units of press and pre-press employ-
ees. The primary issue in these cases was whether such a
combined unit was separately appropriate, or whether the
unit had to include all production and maintenance em-
ployees involved in the lithographic process. The Board
ordinarily found a unit limited to press and pre-press
employees appropriate, eventually referring to such a
grouping as the “traditional lithographic unit.” Allen,
Lane & Scott, 137 NLRB 223, 226 (1962). See generally
Earl Litho Printing Co., 116 NLRB 1538, 1539 (1956);
Shumate,Inc.,131 NLRB 98, 99 (1961); A.B. Hirschfeld
Press, Inc., 140 NLRB 212, 216 (1962); George Rice &
Sons, 212 NLRB 947, 947–948 (1974); Moore Business
Forms, Inc., 216 NLRB 833, 834 (1975); Meyer Label
Co., 232 NLRB 933, 934 (1977). The Board, however,
has in a few cases found appropriate an overall produc-
tion and maintenance unit4 or a press-only unit.5
Although not clearly articulated in these decisions, the
Board seeks to apply a traditional community-of-interest
analysis to units in the printing industry, finding appro-
priate in most cases a “traditional lithographic unit” of
press and pre-press employees.
In accord with this precedent, we will continue to util-
ize a community-of-interest analysis in determining
whether the petitioned-for unit—whether it be press em-
ployees only, a combined unit of press and pre-press em-
ployees, or an overall production unit—is appropriate.
We will, however, accord appropriate weight to the long-
standing precedent that the “traditional lithographic” unit
in the printing industry is a combined unit of press and
pre-press employees.6
Applying these principles here, we find that our deci-
sion in this case is controlled by the Board’s decision in
Moore Business Forms, Inc., 216 NRLB 833, 834
(1975). As in Moore, we do not find that a separate press
employee unit, apart from the pre-press employees, is
appropriate.
Press employees regularly enter the pre-press room to
search for a missing plate or job bag. In addition, press
employees consult the pre-press department whenever
adjustments to the plates are needed. If a problem arises
on the night shift when there is no pre-press supervisor
on duty, a press employee will enter the pre-press room
to help solve the problem. In such a situation, the press
employee will go as far as to make plates, if necessary.
Based on notably similar facts, the Board in Moore
concluded that the pressmen alone do not constitute an
appropriate unit, as they “comprise but a segment of the
lithographic production employees employed by the Em-
ployer.” There is no meaningful distinction between the

4 Journal-Times, 209 NLRB 745 (1974); Continental Can, 171
NLRB 798 (1968).
5 Continental Web, 262 NLRB 1395 1396 (1982), enf. denied 742
F.2d 1087 (7th Cir. 1984); NTA Graphics Inc., 307 NLRB No. 224
(1992) (not reported in Board volumes), enf. granted 996 F.2d 1216
(6th Cir. 1993) (unpublished), cert. granted 510 U.S. 1162 (1994),
vacated due to disclaimer of interest 316 NLRB 25 (1995).
6 In Continental Web Press, Inc. v. NLRB, 742 F.2d at 1092, the
court disagreed with the Board’s finding that a pressman only unit was
appropriate. The court said that the Board “apparently has reversed a
long-established presumption in favor of combining pressmen and
preparatory employees into a single unit of lithographic production
workers.” In light of the many occasions on which the Board had found
a combined press and pre-press unit to be appropriate, and the Board’s
use of the denotation “traditional lithographic unit” to describe the
press and pre-press grouping, we can understand the court’s language
and the use of the term “presumption.” However, we respectfully sug-
gest that the Board has not applied a “presumption” in favor of such
units. Rather, as we do here, we give appropriate weight to the prece-
dent and to the traditional nature of the press/pre-press unit.
AGI KLEARFOLD, LLC 541
present case and Moore and the prior cases finding ap-
propriate the “traditional” lithographic unit of press and
pre-press employees, and, accordingly, we find that the
petitioned-for press-only unit does not constitute an ap-
propriate unit.7
Further, like the Board in Moore, we disagree with the
Employer’s contention that a production and mainte-
nance grouping is the only appropriate bargaining unit.
Under the facts involved here, a “traditional” unit con-
sisting of press and pre-press employees is appropriate
for collective-bargaining purposes. As in Moore, there is
insufficient cohesiveness between all members of the
Employer’s production and maintenance department so
as to require inclusion of the other production and main-
tenance employees in the combined press and pre-press
unit. Although the Employer’s operation is integrated

7 The Acting Regional Director’s reliance on Mirage Casino-Hotel,
338 NLRB 529 (2002), to support her finding that the press employees
constitute an appropriate “craft department” unit is misplaced. The
Board has long refrained from applying a craft or departmental analysis
to lithographic units. Shumate, Inc., 131 NLRB 98, 99 fn. 6 (1961);
Allen, Lane, & Scott, 137 NLRB 223, 226 (1962). Further, Mirage did
not involve printing industry employees.
and there is some contact, interaction, and similarity of
terms and conditions of employment among all produc-
tion and maintenance employees, the press and pre-press
employees, who comprise the lithographic production
process, have sufficiently distinct skills and working
conditions to constitute a separate appropriate unit from
the other production and maintenance employees.8
In sum, we find that a unit limited to press department
employees is not appropriate for the purposes of collec-
tive bargaining and that the smallest appropriate unit
consists of the traditional lithographic unit of the Em-
ployer’s press and pre-press employees.9 We therefore
remand this case to the Regional Director for further ap-
propriate action.
ORDER
IT IS ORDERED that the Acting Regional Director’s
finding that the petitioned-for unit is appropriate is re-
versed, and that this matter is remanded to the Regional
Director for further appropriate action.

8 We are not suggesting that an overall production and maintenance
unit would necessarily be inappropriate.
9 The Union has not indicated whether it would proceed in that unit.