Belleville News Democrat, Inc.

National Labor Relations Board - Board Decisions

Oct 13, 1970

185 N.L.R.B. 1000 (N.L.R.B. 1970)

1000 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Belleville News Democrat, Inc. and St. Louis Web
Printing Pressmen & Flymen's Local No. 38, AFL-
CIO,' Petitioner. Case 14-RC-6376
October 13, 1970
DECISION ON REVIEW AND
DIRECTION OF ELECTION
BY CHAIRMAN MILLER AND MEMBERS FANNING
AND JENKINS
On May 6 , 1970, the Regional Director for Region
14 issued a Decision and Order in the above-entitled
proceeding in which he dismissed Local 38's petition
for an election in a unit of the Employer's pressmen
on the ground that they have been represented by
Belleville Pressmen , Union Local No. 113, affiliated
with International Printing Pressmen and Assistants
Union of North America, AFL-CIO,2 as part of
a multiemployer unit and have not been effectively
withdrawn from that unit . The Petitioner thereafter
filed a timely request for review of the Regional
Director 's Decision on the grounds that in reaching
his unit determination he departed from precedent
and made erroneous findings of fact. The Employer
filed opposition thereto.
On June 24 , 1970, the National Labor Relations
Board by telegraphic order granted the Petitioner's
request for review . The Employer filed a brief on
review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a three -member
panel.
The Board has considered the entire record with
respect to the issues under review , including the
Employer's brief on review , and makes the following
findings:
The Employer is a member of Belleville Employing
Printers , referred to herein as the association , a group
of printers located in Belleville , Missouri, who have
bargained for many years with Local 113 with respect
to a multiemployer unit of their pressmen .' The most
recent agreement between Local 113 and the associa-
Referred to herein as Local 38
z Referred to herein as Local 113 The parent is referred to as the
International
H Local 113 is a small amalgamated local which represents both
commercial and newspaper or "Web" pressmen It was certified in January
1959 as the representative of pressmen of the then members of the
association , five in number There are at present five association members,
the Employer which prints a daily newspaper , and four commercial printers
tion was for a term of July 31, 1967, to April 30,
1970.°
In May 1969, implementing the International's poli-
cy of reorganizing its local unions into commercial
pressmen and newspaper or Web pressmen locals,'
elections were held among groups of the two types
of pressmen then members of Local 113, to determine
their desires as to representation in the future. The
commercial pressmen employed by association mem-
bers (apparently a small group of about eight) were
given the option of transferring to the commercial
pressmen's local active in the area or of remaining
with Local 113, and they chose to stay in Local
113. The Web pressmen who were members of Local
113 comprised two groups: six employed by the
Employer, and two or three by the Collinsville Herald,
as to whom a separate bargaining unit existed. These
Web pressmen had the options of remaining with
Local 113, or of transferring to Local 38, an amalga-
mated newspaper local which has contracts with news-
paper printing companies in the St. Louis, Missouri,
area. The Employer's pressmen voted to transfer to
Local 38; and the Collinsville Herald pressmen voted
to stay in Local 113.
A few days after these votes were taken, on May
22, 1969, the International sent the Employer a letter
notifying it that effective immediately its pressmen
had transferred to Local 38, that their transfer was
approved by the International, and that in the future
Local 38 would be responsible for the administration
of the existing contract as it affected the Employer.
Copies of the letter were sent to the officers of Locals
113 and 38. The Employer made no response.
Subsequently, Secretary-Treasurer' Etwert of Local
38, after three or four unsuccessful attempts, reached
the Employer's general manager, Kern, by phone and
was informed that the Employer would not meet with
Local 38 because it was still dealing with Local 113.
On June 17, 1969, President Frigo of Local 38 sent
the Employer a letter advising it that Local 38 would
administer the agreement executed by Local 113 until
its expiration and that upon expiration Local 38
would "assume exclusive representative status and
engage in bargaining for a new contract." On August
25, 1969, Local 113's secretary-treasurer wrote the
Employer a letter advising it that Local 113 hereby
designates Etwert and Frigo "as its representatives"
tb administer the contract.
4 The spokesman for the association in the negotiations leading to this
agreement was Robert L Kern, the Employer's general manager Separate
contracts, based on the multiemployer negotiations, were executed by each
member Except for the Employer's contract, they contained identical
provisions The Employer's had certain features which were different because
of the fact that the Employer operated a daily newspaper and employed Web
pressmen
5 At the time this new policy was adopted, the International had a number
of small locals such as Local 113 which represented both commercial and
Web pressmen
185 NLRB No. 140
BELLEVILLE NEWS DEMOCRAT, INC.
During the remainder of the term of the contract
the Employer refused to accept Local 38 as the substi-
tute for Local 113 for purposes administering the
contract. On February 11, 1970, Local 38 sent the
Employer a letter advising it that Local 38 "has
been designated by a majority of your pressroom
employees," stating that these employees constituted
an appropriate unit, and requesting negotiations for
a contract.' On the same date Local 38 filed the
instant petition for certification in such unit. The
record indicates that shortly thereafter Local 113
gave timely notices to all of the members of the
association except the Employer of its desire to negoti-
ate a new multiemployer agreement. Local 113,
although served with notice of Local 38's petition
made no appearance at the hearing thereon held
April 8 and has made no effort to intervene in the
proceedings.
It does not appear from the record that Local
113, as of the hearing date, had commenced negotia-
tions with the association on the basis of a multiem-
ployer unit including the Employer's pressmen or
that either Local 113 or Local 38 had taken any
other action inconsistent with the alleged withdrawal
of the Employer's pressmen from the established mul-
tiemployer unit.
Although it appears from the foregoing that Local
113 did not send a written notice to the Employer
and other members of the association conveying its
intent in haec verba to withdraw the Employer's
Web pressmen from the multiemployer bargaining
unit, we are satisfied that this intent was conveyed
to them clearly and unequivocally by the conduct
of Locals 113 and 38 prior to commencement of-
multiemployer negotiations requested by Local 113
for a new contract, and that, therefore, under the
facts of this case, the withdrawal was effective.
Thus, as above indicated, the Employer was
informed in 1969 of the vote of its pressmen to
transfer from Local 113 to Local 38, with the approval
of the International. Despite receipt of notice from
Local 113 that it was designating Local 38 as its
representative to administer its contract with the
Employer, the Employer refused to deal with Local
38. Moreover, during the period 60 to 90 days before
the termination date of the contract, Local' 38 sent
the Employer a timely demand for recognition and
bargaining on the basis of a single-employer unit,
Although . t is not critical to our decision herein, we note from the record
in Case 14-CC-593 that on the same date , Etwert , acting in his capacity as
representative for Local 113, sent the Employer notice that Local 113 was
terminating its contract with the Employer on its terminal date, adding that
the notice "shall serve to preclude any extension or renewal " of the contract
1001
and filed the instant petition. Local 113, with knowl-
edge of Local 38's petition, made no effort to oppose
the latter's request tor individual employer bargaining
and in sending notices to members of the association
of its intent to reopen multiemployer negotiation for
a new contract, omitted the Employer, whose general
manager had been the spokesman for the association
in the negotiation of the existing agreement. Finally,
there is no evidence that either Local 113 or Local
38 has, since the filing of the instant petition, taken
any action which could be construed as acquiescence
in continued inclusion of the Employer's pressmen
in the multiemployer bargaining unit. Any uncertain-
ties which the Employer may have had as to Local
113's intent were removed when it became evident
at the hearing that Local 113 had no interest in
representing the Employer's pressmen and was seeking
to negotiate with all the association members except
the Employer.
Accordingly, we find, contrary to the Regional
Director, that the Employer's pressmen have been
effectively withdrawn from the multiemployer unit
represented by Local 113,' and that a question exists
concerning the representation of 'employees of the
Employer within the meaning of Slction 9(c)(1) and
Section 2(6) and (7) of the Act.
We find that the following employees of the Employ-
er constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section
9(b) of the Act:
All pressmen employees, including apprentices,
of the Employer employed in its Belleville, Illi-
nois, plant, excluding all other employees, cleri-
cals, guards, watchmen, professional, managerial
and supervisory personnel.
[Direction of Election' omitted from publication.]
' See The Evening News Association, Owner and Publisher of "7ne
Detroit News," 154 NLRB 1494, enfd 372 F 2d 569 (C A 6), Pacific Coast
Association of Pulp and Paper Manufacturers and Scott Paper Company,
163 NLRB 892 Cf Sound Contractors Association, 162 NLRB 364, Midas
Muffler Clinic, Inc, 162 NLRB 775
9 In order to assure that all eligible voters may have the opportunity to be
informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them Excelsior
Underwear Inc, 156 NLRB 1236, N L R B v Wyman-Gordon Company,
394 U S 759 Accordingly, it is hereby directed that an election eligibility
list, containing the names and addresses of all the eligible voters, must be
filed by the Employer with the Regional Director for Region 14 within 7 days
of the date of this Decision on Review and Direction of Election The
Regional Director shall make the list available to all parties to the election
No extension of time to file this list shall be granted by the Regional Director
except in extraordinary circumstances Failure to comply with this
requirement shall be grounds for setting aside the election whenever proper
objections are filed