American Security and Trust Co.

National Labor Relations Board - Board Decisions

Aug 12, 1948

78 N.L.R.B. 927 (N.L.R.B. 1948)

In the Matter of AMERICAN SECURITY AND TRUST CO., A CORPORATION
OF WASHINGTON , D. C., AS EXECUTOR AND TRUSTEE UNDER THE LAST
WILL AND TESTAMENT OF JOHN R. MCLEAN, DECEASED, OPERATING
THE CINCINNATI ENQUIRER, EMPLOYER 1 and CINCINNATI PAPER
HANDLERS UNION No. 19, OF THE INTERNATIONAL PRINTING PRESSMEN
AND ASSISTANTS UNION OF NORTH AMERICA, AFL, PETITIONER
Case No. 9-RC-20.-Decided August 12, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization named below claims to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section 9
(a) (1) and Section 2 (6) and (7) of the Act.
4. Petitioner requests a unit composed of all paper handlers at the
Employer's Cincinnati plant, including a helper 2 The Employer
1 The name of the Employer appears in the caption as amended at the hearing.
* Chairman Herzog and Members Houston and Reynolds.
, The Employer asserts that it has no classification of paper handlers ; that it designates
the employees sought herein laborers . At the hearing the Petitioner restated its position,
declaring that it sought a unit of the Employer 's employees who handle newsprint matter
in bulk form or in any way at all as pertains to the publishing of the Employer 's news-
paper , excluding supervisors and employees covered by agreements with other labor organi-
zations . It appears , therefore, that the employees which the Petitioner desires to repre-
sent comprise a residual group of the unrepresented workers.
78 N. L. R. B., No. 132.
927
928 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
contends that the proposed unit is inappropriate upon the grounds
that the description is vague and indefinite in terms and that the
employees therein do not form a homogeneous group.'
The unit sought by the Petitioner consists of seven employees,' of
whom five work during the day under the direction of the traffic man-
ager,5. and two work at night under the supervision of the pressroom
foreman.6 Both day and night crews are engaged generally in the
performance of similar unskilled duties, namely, the handling of
heavy unprinted roll paper and other bulky items required in the pro-
duction of newspapers. 'The group in question is, apparently, the
only one still unrepresented and for whom there exists no history of
collective bargaining.
On the basis of the entire record, including the absence of any history
of collective bargaining with respect to the employees herein concerned,
the fact that they perform, primarily, the same type of unskilled work,
and the further fact that no other labor organization presently claims
to represent these employees, who will otherwise be left without effec-
tive representation, we believe that these residual employees may
properly constitute a separate bargaining unit.?
The truck drivers have a helper who, like the drivers and the five
employees hereinabove mentioned, works under the supervision of the
traffic manager.8 Because the helper handles newsprint material the
greater part of his time, the Petitioner urges his inclusion. The record
shows- that this individual, who is classified as a laborer by the Em-
ployer, rides regularly with one of the drivers to the railroad terminal
where he assists in unloading roll paper from a box car to the truck
for-final delivery to the Employer's plant. However, the helper re-
mains at the terminal only until the unloading operation is completed,
at which time he returns to the plant to resume the handling of news-
print and other similar material. Under the circumstances, particu-
larly the fact that the helper devotes most of his time to handling news-
print material, we believe that he has interests closely akin to those of
the other employees sought to be represented by the Petitioner. We
shall, therefore, include him within the unit .9
3 Notwithstanding the Employer 's contention , the Petitioner introduced evidence to the
effect that it has contracts with other newspaper concerns in this area covering units of
paper handlers similar to the type requested in this proceeding
4 This does not include the helper who is discussed below
I In addition to the employees above mentioned , the traffic manager supervises two truck
drivers , a shipping clerk, and a helper
"The Employer has two employees in the group in issue who work regularly each night
except Saturday when there are four workers on duty.
4 Matter of Detroit Incinerator Co., 45 N. L. R B . 414; cf. Matter of E. R Donnelly 4
Sons Company , 59 N L R. B 122.
3 The helper , unlike the truck drivers , is not a member of the Teamsters ' Union and no
labor organization , other than the Petitioner , presently seeks to represent him.
'B See Matter of Chicago Surface Lines, 58 N. L. R. B. 1140, 1146.
AMERICAN SECURITY AND TRUST CO. 929
We find that the employees designated by the Employer as laborers,
but who are engaged in handling paper and other newsprintmaterial
at the Employer's Cincinnati plant,1° including the helper, but exclud-
ing supervisors, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act 11
DIRECTION OF ELECTION
As part. of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, among the em-
ployees in the unit found appropriate in paragraph numbered 4, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction of Election, including employees who did not
.work during said pay-roll period because they were ill or on vacation
or temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the.election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bar-
gaining, by Cincinnati Paper Handlers Union No. 19, of the Interna-
tional Printing Pressmen and Assistants Union of North America,
AFL.
10 Included herein are the regular day and night workers but not the two extra workers
who are employed on Saturday nights only.
11 Under the circumstances here present , the contention of the Employer that the unit
sought by the Petitioner and herein found appropriate is based upon extent of organization,
is without merit.