Berkowitz Envelope Co.

National Labor Relations Board - Board Decisions

Feb 4, 1942

38 N.L.R.B. 914 (N.L.R.B. 1942)

In the Matter of BERKOWITZ ENVELOPE COMPANY and INTERNATIONAL
BROTHERHOOD OF BOOKBINDERS, LOCAL UNION No. 109, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR
In the Matter of BERKOWITZ ENVELOPE COMPANY and INTERNATIONAL
PRINTING PRESSMEN AND ASSISTANTS OF NORTH AMERICA, LOCAL
UNIONS Nos. 16 AND 20, AFFILIATED WITH THE AMERICAN FEDERATION
OF LABOR
In the Matter of BERKOWITZ ENVELOPE COMPANY and INTERNATIONAL
TYPOGRAPHICAL UNION, LOCAL UNION No. 80
In the Matter of BERKOWITZ ENVELOPE COMPANY and THE ASSOCIATION
OF EMPLOYEES OF BERKOWITZ ENVELOPE COMPANY
Cases Nos. R-3305 to R-3308 inclusive and respectively. Decided
February 4, 1942
Jurisdiction : envelopes and paper products manufacturing and sales industry.
Investigation and Certification of Representatives : existence of question : dis-
pute as to appropriate unit; refusal to recognize any of competing unions
until certified by the Board ; where an industrial unit was found appropriate,
two affiliated unions each of whom sought a separate craft unit, and who
together represent a substantial number of employees in the industrial unit,
allowed to participate in the election as joint representatives if they indicate
such a desire within ten days; election necessary
Unit Appropriate for Collective Bargaining : proposals of three craft unions
for separate units comprising bookbinders, pressmen, and typographers,
respectively, rejected, and an industrial unit found appropriate where among
other considerations there has been a four-year history of collective bargaining
resulting in exclusive recognition contracts between the Company and another
union covering employees in the plant-wide unit which the latter claims;
foremen included in view of the traditions of the printing trade.
Mr. A. E. Margolin, of Kansas City, Mo., for the Company.
Messrs. Gibson Langsdale and Cli f Langsdale, of Kansas City, Mo.,
for the Bookbinders, the Pressmen, and the Typographers.
Mr. Spencer A. Gard, of Kansas City, Mo., for Association of
Employees.
Mr. Reynolds C. Seitz, of counsel to the Board.
38 N L. R. B., No. 164.
914
BERKOWITZ ENVELOPE COMPANY 915
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On August 20, 1941, International Brotherhood of Bookbinders,
Local 109, affiliated with the A. F. of L., herein called the Bookbind-
ers, and International Printing Pressmen and Assistants' Union of
North America, Locals 16 and 20, herein called the Pressmen, and In-
ternational Typographical Union, Local 80, herein called the Typo-
graphers, filed with the Regional Director for the Seventeenth Re-
gion (Kansas City, Missouri) separate petitions alleging respectively
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Berkowitz Envelope Company, Kansas
City, Missouri, herein called the Company, and requesting an inves-
tigation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On October 28, 1941, the National Labor Relations Board, here-
in called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, ordered an investigation and au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice, and pursuant to Article III,
Section 10 (c) (2), of said Rules and Regulations ordered that the
cases be consolidated.
On November 3, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served on the Company, the Bookbind-
ers, the Pressmen, and The Typographers, as well as upon the Asso-
ciation of Employees of Berkowitz Envelope Company, herein called
the Association, a labor organization claiming to represent employees
directly affected by the investigation.' Pursuant to notice, a hear-
ing was held on November 10, 12, 13, 14, 17, and 18, 1941 at Kansas
City, Missouri, before Joseph A. Hoskins, the Trial Examiner duly
designated by the Chief Trial Examiner. During the course of the
hearing, on November 12, 1941, the Association also filed with the Re-
gional Director a petition requesting an investigation and certifica-
tion of representatives, and on November 14, 1941 the Board ordered
an investigation, and authorized the Regional Director to conduct it
i Notice of heal mg was also sei ved upon The Stereotypers and Electrotypers Union of
North America , affiliated with the A F of L ; International Brotherhood of Electrical
workers, affiliated with the A. F, of L ; International Brotherhood of Teamsters , Chauf-
feurs, warehousemen and Helpers of North America , affiliated with the A F of L , and
International Association of Machinists , affiliated with the A. F. of L None of those
participated in the hearing. -
916 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and to provide for an appropriate hearing, and ordered the case con-
solidated with the cases of the Bookbinders, Pressmen, and Typo-
graphers. The Company, the Bookbinders, the Pressmen, the Typo-
graphers, and the Association were represented by counsel and par-
ticipated in the entire hearing. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing the Trial Examiner made,several rulings on motions and on
objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial er-
rors were committed. The rulings are hereby affirmed. On Decem-
ber 4 and 5, 1941, the parties filed briefs in the case, which the Board
has duly considered.
Upon the entire record in the case, the Board makes the follow-
ing:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Berkowitz Envelope Company is a 'corporation organized under the
laws of the State of Delaware , with its principal office and place of
business in Kansas City, Missouri , and is engaged in the manufacture,
sale, and distribution of envelopes and paper products . The Com-
pany, in the course and conduct of its business, causes at least 60 per-
-cent of the materials used in its business to be purchased and tran-
ported through the States of the United States other than the State
of Missouri , and causes at least 60 percent of the finished products
manufactured at its Kansas City plant to be sold and transported
into and through States other than the State of Missouri . The gross
volume of all products sold and transported in the year 1940 exceed
$500,000 . The same amount substantially reflects the Company's oper-
ations in the year 1941.
H. THE ORGANIZATIONS INVOLVED
International Brotherhood of Bookbinders, Local Union No. 109,
affiliated with the A. F. of L.; International Printing Pressmen and
Assistants of North America, Local Unions Nos. 16 and 20, affiliated
with the A. F. of L.; International Typographical Union, Local Union
No. 80; and The Association of Employees of Berkowitz Envelope
Company are labor organizations admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about August 19, 1941, the Company, through its president,
refused to accede to various requests to recognize any of the petitioners
S
BERKOWITZ ENVELOPE - COMPANY 917
named herein as the representative of any of its, employees. The
president stated that the Company could not determine which union
represented a,majority of the employees in an appropriate bargain-
ing-,unit.,
A check,ofapplication cards 2 made by the Trial Examiner at the
hearing. indicates that the Association represents a substantial num-
ber of the Company's employees in the unit hereinafter found to be
appropriate,' and that the Bookbinders and the Pressmen together
represent •a substantial number of such employees, and, separately
represent a, substantial number of the employees in the units respec-
tively sought by them. The Typographers claimed a unit of four but
presented no documentary evidence of membership.
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 Bookbinders, the Pressmen, and the Typographers claim that
three mutually, exclusive craft units of the Company's employees are
appropriate. The Bookbinders request a unit of all employees work-
ing on cutting, folding, gumming, or any other work or process in-
volved in the manufacture of envelopes or any other paper goods
manufactured or processed by the Company'3 The Pressmen con-
The Bookbinders claimed a unit of 60 , the Pressmen a unit of 22 , and the Association
a- unit of 113. The Trial Examiner certifies to the following : The Bookbinders 'submitted
59 authorization cards dated between August 1 and November 5, 1941. All the signa-
tures appear genuine. On the pay roll for the week ending November 7, 1941, can be
found ' 43 of the names on the cards The Pressmen submitted 18 application cards'dated
between August 4 and 11 , 1941, 16 of which cards appear to be genuine and 15 , contain
names on the pay roll for the week ending November 7, 1941. The Association submitted
76 application cards dated between September 25 and October 31, 1941. All the-cards
appear genuine . • Seventy of the names on the cards appear on the pay roll for the period
ending November 12, 1941.
8 Specifically the Bookbinders claim to represent any employees of the Company working
on the following machines or in the following operations : Paper baler , sheeting machine,
stock handling , jogging, except on printing presses, work in cutting department, panel
machines , die cutting, straight knife cutting , machine adjusters, excepting printing of press
adjustments , the rotary folders , plunger folders , and all other folding machinery, hand-
folding patch machine, double washers, string tie and washer machine, double prong clasp
machine, metal top, machine , punching and drilling machine, gumming machines, box
machines , box stitcher , sample-making, stamping, labeling , boxing, letterheads and en-
918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tend 4 that all employees working on printing and envelope printing
presses comprise an appropriate unit. The Typographers desire a
unit of four employees allegedly belonging to their craft. The Asso-
ciation claims that the appropriate unit comprises all production em-
ployees at the Kansas City plant of the Company, including a truck
driver and an electrician but excluding maintenance men, office em-
ployees, superintendents, and foremen.
At the Kansas City plant of the Company there is carried on a spe-
cialized type of envelope business. The Company makes envelopes to
order, and some special machines are used which cannot be found in
any other plants in the country. Because of the particular nature of
the work at the Kansas City plant, the Company finds it necessary to
train a large number of its own employees. Another characteristic
of the work at the Kansas City plant is the absence of job standardiza-
tion. Employees are very frequently shifted from one activity to
another. The making of envelopes at the Company's Kansas City
plant is, thus, an integrated production process suggesting the appro-
priateness of an industrial unit including the employees claimed by
the craft unions. Moreover, there exists a group of production em-
ployees at the plant for whom none of the craft units contend.
Furthermore, there has been a four-year history of collective bargain-
ing between the Company and the Association resulting in contracts
granting the latter exclusive representation of a plant-wide unit of
the type here claimed by it. The most recent such contract expired
on September 15, 1941. In view of these circumstances, we find that
an industrial unit of substantially the scope of that claimed by the
Association is appropriate. Because of the traditions of the printing
trade, we shall broaden the scope of the unit claimed to include
foremen. '
We find that all production employees at the Kansas City plant
of the Company, including foremen, the truck driver, and the elec-
trician, but excluding maintenance men, office employees, and super-
visory employees whose rank is higher than that of foreman constitute
a unit appropriate for the purposes of collective bargaining, and will
best insure the employees of the Company the full benefit of their right
to self-organization and to collective bargaining, and otherwise effec-
tuate the policies of the Act.
velopes eyelet work, mixing gum, feeding of all folding machines, the washing and
cleaning up of all folding machines. inspection of all operations except printing press
work and typographical work In addition, the Bookbinders claim jurisdiction over
Paul E Keith, whose work at the present time is a'stenotyper but who has designated the
Bookbinders as his bargaining representative . The Bookbinders also claim to represent
foremen and supervisors.
4 Specifically the Pressmen claim to represent employees engaged in the operation and
work, of all cylinder presses , such as flat beds , verticals , platens, and all envelope printing
machines , and all printing machines in use at the Company plant , with the exception of
any printing attachments which may be in operation on folding machines . The Pressmen
also claim to represent , foremen and supervisors
BERKOWITZ ENVELOPE COMPANY
VI. THE DETERMINATION OF REPRESENTATIVES
919
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. We shall direct
that the employees in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction
of Election herein, subject to the limitations and additions set forth
in the Direction, shall be eligible to vote as to whether or not they
desire the Association to represent them. In the event the Book-
binders and the Pressmen desire to compete in the election as joint
representatives of the employees in the unit we have found appropriate
and so notify the Board within ten (10) days of the date of this De-
cision and Direction of Election, stating the designation under which
they desire to appear on the ballot; 5 we shall, in view of the extent
of their combined showing of representation and their common affilia-
tion, amend our Direction to afford them a place on the ballot.6
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 Berkowitz Envelope Company, Kansas City,
Missouri, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production employees at the Kansas City plant of the Com-
pany, including foremen, the truck driver, and the electrician, but
excluding maintenance men, office employees, and supervisory em-
ployees whose rank is higher than that of foreman constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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, 49 Stat. 449, 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 Berkowitz Envelope Company, Kansas City, Missouri, an election
6 Labor organizations in the printing trades have sometimes desired to appear on a
ballot under the designation "Allied Printing Trades " 'See Matter of Leo Hart Co, Inc
and Allied Printing Trades Union, 26 N L R B 125, August 5, 1940)
'As noted in the body of the decision, Section V, the Typographers offered no proof
that they had been selected by any of the employees in the unit claimed by them
920 DECISIONS OF ' NATIONAL LABOR RELATIONS BOARD
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 direc-
tion and supervision of the Regional Director for the Seventeenth
Region, 'acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all production employees of the Company employed
at its Kansas City, plant during the pay-roll period immediately preced-
ing the date of the Direction of Election, including foremen, the truck
driver, the electrician, and employees who did not work during such
pay-roll period because they were ill or on vacation or in the active
military service or training of the United States, or temporarily, laid
off, but excluding maintenance men, office employees, supervisory em-
ployees whose rank is higher than that of foreman, and employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by The Association of Employees
of Berkowitz Envelope Company for the purpose of collective
bargaining.'
In the Matter of BERKowITZ ENVELOPE COMPANY and INTERNATIONAL
BROTHERHOOD OF BOOKBINDERS , LOCAL UNION No. 109, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR.
In the Matter of BERKOWITZ ENVELOPE COMPANY and INTERNATIONAL
PRINTING PRESSMEN AND ASSISTANTS OF NORTH AMERICA, LOCAL
UNIONS Nos. 16 AND 20, AFFILIATED WITH THE AMERICAN FEDERATION
OF LABOR.
In the Matter of BERKOWITZ ENVELOPE COMPANY and INTERNATIONAL
TYPOGRAPHICAL UNION, LOCAL UNION No. 80
In the Matter of BERKOWITZ ENVELOPE COMPANY and THE ASSOCIA-
TION OF EMPLOYEES OF BERKOWITZ ENVELOPE COMPANY
Cases Nos. R-3305 to R-3308, inclusive, respectively
AMENDMENT TO DECISION AND DIRECTION OF
ELECTION
February 16, 19493
On February 4, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' The Board stated therein that "in the
event the Bookbinders and the Pressmen desire to compete in the
election as joint representatives of the employees in the unit we
have found appropriate and so notify the Board with ten (10) days
of the date of this Decision and Direction of Election, stating the
designation under which they desire to appear on the ballot, we
shall amend our Direction to afford them a place on the ballot."
On February 11, 1942, International Brotherhood of Bookbinders,
Local Union No. 109 and International Printing Pressmen and
Assistants of North America, Local Unions Nos. 16 and 20, all affili-
ated with the American Federation of Labor, notified the Board of
their desire to compete in the election under the designation, "Allied
Printing Trades."
The Board hereby amends its Decision and Direction of Election
by striking therefrom the phrase "to determine whether they desire
138 N . L. R B. 914
38 N. L. R. B., No. 164a.
921
922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to be represented by the Association of Employees of Berkowitz
Envelope Company for the purpose of collective bargaining" and
substituting therefor the phrase "to determine whether or not they
desire to be represented by the Association of Employees of Berko-
witz Envelope Company, or the Allied. Printing Trades, for the
purposes of collective bargaining, or by neither."