Banta Publishing Co.

National Labor Relations Board - Board Decisions

Apr 23, 1947

73 N.L.R.B. 491 (N.L.R.B. 1947)

In the Matter of BANTA PUBLISHING COMPANY, EMPLOYER and PRINT-
ING TRADES SPECIALTY LOCAL 531, INTERNATIONAL PRINTING PRESS-
MEN AND ASSISTANTS ' UNION OF NORTH AMERICA , A. F. OF L.,1
PETITIONER
Case No. 13-R-4061.-Decided April 23,1947
Mr. Edward J. Dempsey, of Oshkosh, Wis., for the Employer.
Mr. John S. McLellan, of Pressmen's Home, Tenn., for the Peti-
tioner.
Mr. Bernard L. Balicer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a. petition duly filed, hearing in this case was held at Menasha,
Wisconsin, on February 25, 1947, before Joseph L. Hektoen, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Employer is a Wisconsin corporation with its offices and plants
located in Menasha, Wisconsin. It is engaged in the publishing and
printing of text books, scientific journals , and other publications.
During 1946 the Employer purchased raw materials consisting of
paper, book-cloth, board, ink and similar materials valued at approxi-
mately $2,000,000, 80 percent of which was received from points out-
side the State of Wisconsin. During the same period, it sold finished
products exceeding $3,000,000 in value, approximately 90 percent of
which was shipped to points outside the State of Wisconsin.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
I Titl e as amended at the hearing.
73 N. L. R. B., No. 98.
491
492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATION INVOLVED
The Petitioner is a labour organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the Pe-
titioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner contends that a unit comprising the composing room
employees of the Employer, excluding proof room, copy preparation,
clerical, office and supervisory employees, constitutes an appropriate
unit. The Employer agrees generally to the composition of the unit
sought by the Petitioner, but urges the inclusion of proofreaders,
copy preparation employees, and assistant foremen.
The Employer's composing room consists of the printing (lockup,
linotype, monotype), copy preparation, and proofreading depart-
ments.2 The composing room is under the general supervision of a
superintendent with assistant foremen in immediate charge of the
various departments. The copy preparation department is separated
from the printing department by a glass partition; the proofroom is on
the floor above the copy preparation and printing departments. Each
of the departments performs an integral part of the composing process.
The copy preparation department prepares manuscript or copy for
the printing department. The copy and proof of the set type are then
sent to the proof room for checking, after which the proofs are returned
to the printing department of the composing room for correction. Basic
and maximum pay rates are the same for employees in all departments
of the composing room.
In view of the foregoing, as well as for the further reason that proof-
readers are usually included in the conventional unit of employees in
composing rooms of printing and publishing companies, we shall in-
clude the proofreaders in the unit hereinafter found appropriate.'
The record establishes no valid reason for not similarly including the
copy preparation employees inasmuch as they are engaged in the com-
posing process and are under the same general supervision as the other
composing room employees. We shall include them in the unit.
2 There are approximately 130 employees in the printing department , 30 in the proof-
room and 3 in the copy preparation department.
3 Matter of Uarco Incorporated, 71 N. L R. B. 605 , and cases cited therein.
BANTA PUBLISHING COMPANY 493
The Employer desires to include the assistant foremen in the unit
of composing room employees whereas the Petitioner desires their
exclusion. Although the assistant foremen are clearly supervisory
employees within the Board's usual definition thereof, in accordance
with the custom in the printing industry and in conformity with p2evi-
ous rulings of the Board, we shall include the assistant foremen in the
unit.'
We find that all composing room employees of the Employer, includ-
ing proofroom employees, copy preparation employees and assistant
foremen, but excluding office and clerical employees and the composing
room superintendent, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Banta Publishing Company,
Menasha, Wisconsin, 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 Thirteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, among the employees in the unit found appropriate
in Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether they desire to be repre-
sented by Printing Trades Specialty Local 531, International Printing
Pressmen and Assistants' Union of North America, A. F. of L., for
the purposes of collective bargaining.
' Matter of W. F. Hall Printing Company, 51 N L R B 640 and 63 N L R B 532,
Matter of Lloyd Hollister, Inc, 68 N. L R B. 733 ; Matter of Gillette Safety Razor Com-
pany , 65 N. L R B 1286