Century Engraving & Embossing Co.

National Labor Relations Board - Board Decisions

May 13, 1940

23 N.L.R.B. 731 (N.L.R.B. 1940)

In the Matter of CENTURY ENGRAVING & EMBOSSING COMPANY 1 and
INTERNATIONAL PRINTING PRESSMEN & ASSISTANTS' UNION OF NORTH
AMERICA AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR 2
Case No. R-17,98.-Decided May 13, 1940
Commercial Engraving Industry- Investigation of Representatives : contro-
versy concerning representation of employees : employer refuses to recognize
the petitioning union as the exclusive representative of its employees-Unib
Appropriate for Collective Bargavning: stipulated: All production employees
employed by the Company , including working foremen , errand boys , and ship-
ping employees , but excluding clerical employees and supervisors who have
authority to hire and discharge-Election Ordered
Mr. Lester Asher, for the Board.
Mr. Otto A. Jabwrek, of Chicago, Ill., for the Company.
Mr. Joseph B. Roche and Mr. Charles J. Hetzer, of Chicago, Ill.,
for the Union.
Mr. Ray Johnson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT , OF THE CASE
On February 20,1940, International Printing Pressmen & Assistants'
Union of North America, affiliated with the American Federation
of Labor, herein called the Union, filed with the Regional Director
for the Thirteenth Region (Chicago, Illinois) a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Century Engraving & Embossing
Company, Chicago, Illinois, herein called the Company, and request-
ing an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On April 9, 1940, the National Labor Rela-
tions Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act and Article III, Section 3, of National Labor Relations
1 Incorrectly designated in the petition as Century Engraving and Embossing Co
2 Incorrectly designated in the petition as International Printing Pressmen and Assist-
ants' Union of No. America , affiliated with A. F of I,
23 N. L . R. B., No. 72.
731
732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board Rules and Regulations-Series 2, as, amended, ordered an
investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
On April 11, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and upon
the Union. Pursuant to notice, a hearing was held on April 18, 1940,
before John T. Lindsay, the Trial Examiner duly designated by the
Board. The Board and the Company were represented by counsel,
and the Union by its representatives; all participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all partios. During the course of the hearing, the Trial Examiner
made several rulings on motions and objections to the admission of
evidence. The Board has reviewed the rulings of the Trial Exam-
iner and finds that no prejudicial errors were committed. The rul-
ings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Century Engraving & Embossing Company, an Illinois corpora-
tion, has its principal office and place of business in Chicago, Illinois,
where it is engaged in the general commercial engraving industry.
The principal products manufactured by the Company are Christ-
mas cards and commencement invitations. The principal raw mate-
rials used by the Company are paper, ink, glue, boxes, steel, copper,
cloth, metallic paper, and tinfoil. During 1939 the Company pur-
chased raw materials valued at $200,000, approximately 25 per cent
of which were shipped to the Company from points outside the
State of Illinois. During 1939 the Company manufactured finished
products valued at $475,000, approximately 58 per cent of which were
shipped to points outside the State of Illinois.
The Company's business is highly seasonal. During the peak
period of production, in December, the Company employs about 260
employees. During the period of lowest production, in January and
February, the Company employs only about 57 employees.
II. THE ORGANIZATION INVOLVED
International Printing Pressmen & Assistants' Union of North
America is a labor organization affiliated with the American Federa-
tion of Labor. It admits to its membership all production employees
of the Company, including working foreman, errand boys, and ship-
ping employees, but excluding clerical employees and supervisors who
have authority to hire and discharge.
CENTURY ENGRAVING & EMBOSSING COMPANY
III. THE QUESTION CONCERNING REPRESENTATION
733
On or about February 20, 1940, the Company refused to recognize
the Union as the exclusive bargaining representative of its employees.
On February 27, 1940, the Company refused to agree to a consent
election to determine whether or not the Union represented a major-
ity of its employees.
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
At the hearing the parties stipulated that the appropriate unit
consists of all production employees employed by the Company, in-
cluding working foreman, errand boys, and shipping employees, but
excluding clerical employees and supervisors who have authority to
hire and discharge.
We find that all production employees employed by the Company,
including working foreman, errand boys, and shipping employees,
but excluding clerical employees and supervisors who have authority
to hire and discharge, constitute a unit appropriate for the purposes
of collective bargaining, and that said unit will insure to employees
of the Company the full benefit of their right to self-organization
and to collective bargaining and otherwise effectuate the policies of
the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing the Union produced for examination by the Trial
Examiner 24 applications for membership in the Union. The Trial
Examiner stated for the record that the names on 19 of these appli-
cations appeared among the 90 names contained on the Company's
pay roll of April 10, 1940. In addition, an organizer for the Union
testified that 60 other employees had expressed a preference for the
Union. We find that the question concerning representation which
has arisen can best be resolved by an election by secret ballot.
734 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company requests that the pay roll of April 10, 1940, be used
to determine eligibility to participate in the election. The Union
requests that a current pay roll be used to determine eligibility.
Since it is conceded that the number of employees on the Company's
pay roll will continue to increase until December 1940, we are of the
opinion that a current pay roll should be used.
We shall direct that those persons eligible to vote shall be the
employees in the appropriate unit who were employed by the Com-
pany during the pay-roll period next preceding the date of this
Direction, including employees who did not work during such pay-
roll period because they were ill or on vacation, and employees who
were then or have since been temporarily laid off, but excluding those
who have since quit or been discharged for cause.
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 Century Engraving & Embossing Com-
pany, Chicago, Illinois, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All production employees of the Company, including working
foreman, errand boys, and shipping employees, but excluding cler-
ical employees and supervisors who have authority to hire and dis-
charge, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the 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, 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 Century Engraving & Embossing Company, Chicago, Illinois,
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
of Election, under the direction and supervision of the Regional Di-
rector for the Thirteenth Region, acting in this matter as agent of
the National Labor Relations Board and subject to Article III, Sec-
tion 9, of said Rules and Regulations, among all production em-
ployees who were employed by the Company during the pay-roll
CENTURY ENGRAVING & -EMBOSSING COMPANY 735
period next preceding the date of this Direction, including working
foreman, errand boys, shipping employees, and employees who did
not work during such pay-roll period because they were ill or on
vacation, and employees who were then or have since been tempo-
rarily laid off, but excluding clerical employees, supervisors who have
authority to hire and discharge, and employees who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by International Printing Pressmen & Assistants'
Union of North America, affiliated with the American Federation,
of Labor, for the purposes of collective bargaining.