Chicago Rotoprint Co.

National Labor Relations Board - Board Decisions

Dec 11, 1942

45 N.L.R.B. 1263 (N.L.R.B. 1942)

In the Matter of CHICAGO Ro oPRINT COMPANY and CHICAGO WEB
PRINTING PRESSMEN'S UNION No. 7, SUBORDINATE TO I. P. P. AND
ASSISTANTS ' UNION OF NORTH AMERICA , A. F. L.
'Case No. R-4558.-Decided December 11, 1942
Jurisdiction : printing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to recognize without certification of the Board ; individual contracts held
no bar; election necessary.'
Unit Appropriate for Collective Bargaining: all pressmen, regular and'part-time
roll tenders, inspectors, oilers, knife sharpeners,. and rubber- roller' grinders;
inkmen, regular packer boys, foremen, and assistant foremen employedt in, the
pressroom, but excluding the general foreman, seasonal packer- boys,_ and all
.other employees in plant. ,
Mr. Otto A. Jaburek, of Chicago, Ill., for the Company.
Mr. C. A. Pense and Mr. Raymer f7. McKeone, of Chicago, I1l.,"for
the Union.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition filed by Chicago Web Printing Press-,
men's Union No. 7, Subordinate to I. P. P. and Assistants' Union of
North America A. F. L., herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Chicago Rotoprint Company, Chicago, Illinois, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Robert E. Dickman,
Trial Examiner. Said hearing was held at Chicago, Illinois, on No-
vember 12, 1942. The Company and the Union appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
45 N. L. R. B., No. 174. -
1263
1264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS, OF FACT
I. 7HE BUSINESS OF THE COMPANY
Chicago Rotoprint Company, an Illinois corporation having its
main office and only plant in' Chicago, Illinois, is engaged in the busi-
ness of commercial printing. The Company employs. a total of ap-
proximately 650 persons. The principal raw materials used by the
Company are paper, ink, naptha, copper, and.photographic supplies..
The&annual pui• htses'of•raw materials are in excess'of $500,000, of
which• inore 'than' 80`percent is shipped to the Company's plant from
sources , outside the State of, Illinois. The annual 'sales of • printed
products•,of the,,Cgippany.,- are,in excess of $3,OQO,000, of which more
than5iipercent is'shipped-:from,the .Company's plant to points outside
the State'-of Illinois: 1.. : - " , a.
The Company admits, for the purposes of this proceeding, that it is
engaged in commerce, within the meaning of the National Labor
Relations Act: '
II. THE ORGANIZATION INVOLVED
Chicago Web Printing Pressmen's Union No. 7, an affiliate of
International Printing Pressmen- and Assistants' Unioii of North
America, is a labor organization, affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 11, 1942, the Union orally claimed to represent,,
a majority of the employees within the unit claimed by it to' be ap-
propriate and requested recognition of the Company. On or about
August 20, 1942, the Company refused recognition on the ground that
it questioned the Union's majority and because it had individual
employment contracts with its employees. The latter' contention is
clearly without merit. The fact that an employee signs an individual
contract of employment cannot be held to set aside the statutory
right of employees to bargain collectively.'
Reports' prepared by the Acting Regional Director and made part
of the record indicate that the Union represents a substantial majority
of employees in the unit hereinafter found appropriate.2
1 See Matter of Norman, H. Stone, Marvin H. Stone and Jerome H. Stone , Jr., doing
business as J. H Stone & Sons and International Printing Pressmen and Assistants'
Union, Box and Carton Local #415 , 22 N. L R B. 850
2 The Acting Regional Director reported that the Union submitted 130 application-for-
membership cards, of which 113 bore signatures, which appear to be genuine, corresponding
. - 1265._CHICAGO ROTOPRINT CO:
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company,'within the meaning
of Section 9 (c), and, Section 2 (6) and, (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that a unit consisting of the general foreman,
shift foremen, assistant shift foremen, inspectors, pressmen in charge
of,presses-,,regular roll tenders, part-time roll tenders„oilers, inkmen,
knife sharpeners,, regular packer boys, and part-time packer, boyss
who are at other times part-time roll tenders, but excluding all other
employees of the Company, is appropriate for the purposes of collec-
tive bargaining. . The Union urges the unit which it proposes, on the
theory-.that the employees involved in the job classifications, specified
all contribute directly to the operation of the presses.
The Company .,desires the additional exclusion .of part-time roll,
tenders, oilers,- knife sharpeners, and regular packer -boys. The
Company considers, the oilers and knife; sharpeners to,be more in the
nature of maintenance men, and further urges that none of the part-
time roll tenders, knife sharpeners, or regular packer boys has the
measure of skill ,required for ••the-,operation ; of the presses.
The work of packer' boys•consists of carrying things'and "jogging"
bundles, that is,,making regular piles of the papers,as they come off
the presses. Of. the regular-packer boys, 70 per cent also work as,
roll tenders -during busy periods. The roll tenders supply presses
with ink and paper, and since their work requires more experience
and adroitness, they get a higher rate of pay than the packer boys.
The latter receive the higher rate when performing the more difficult
duties. Pressmen are recruited from the best roll tenders, are in
charge of the'presses, direct the, work of packer boys and roll tenders,
and have preference, for extra work. 'Foremen are former pressmen,
who have been promoted, and. there is a tradition of their inclusion
in collective bargaining contracts in the printilig trades.3 The oil-
ers, who spend 90 percent of their time in, the pressroom, and the
knife sharpeners, who also serve as rubber roller grinders and whose
work is done in a separate room nearby, require not only expertness
but also knowledge of the operation of the presses.
- The foregoing facts reveal that the different categories of em-
ployees in the unit proposed by the Union possess varying degrees of
to names on the Company's pay roll of September 20, 1942, cohering the unit claimed
by the Union as appropriate The Regional Director further reported that the Umon'sub-
mitted evidence of dues payment to it by 6 persons on the A F of L roster, and these 6
persons appear on the 'above --mentioned pay roll , 'ahich listed 206 employees within the
alleged appropriate unit.
3 Lloyd Hollsster, Inc and Chicago Typographical , anion (unaffiliated ), 33 N. L R B.
982 'See 'Written Trade - Ag>eements in'Collectave ' Bargaining National Labor -Relations.
Board Division of Economic Research , Bulletin No . 4, Nov. 1939 , pp. 271-275.
493508-43-vol. 45--80
1266 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD
skill but that all the 'grades require some proficiency and experience
in operating the presses . Moreover , it appears that - the Union has
collective bargaining contracts with all the companies in Chicago
doing similar work, which contracts cover the workmen sought to
be excluded by the Company, and the Unio Ti has members among
each of these categories . We shall accordingly include packer boys,
part-and-full -time roll tenders , pressmen, foremen , oilers, and knife
sharpeners in the appropriate unit.
Although the parties are agreed that the general foremen should
be included in the unit , we shall exclude him since he appears to be
in direct charge of the shop and to possess managerial authority:
We find that all pressmen , regular and part-time roll , tenders,
inspectors , oilers, knife sharpeners , and rubber roller grinders, ink-'
men, regular packer 'boys, foremen, and assistant foremen employed
in the pressroom , but excluding the general foreman, seasonal packer
boys, and all other employees employed by the Company at its plant
located at Chicago , Illinois , constitute a unit appropriate for the
purposes of collective bargaining , within the meaning of Section
9 (b) of the Act. - '
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has'arisen be resolved by an election by secret ballot among ' the-em=
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion , subject to the limitations and additions set forth in the
Direction.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Chicago Roto-
print 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, 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 sub-
ject to Article III, Section 10, of said Rules and Regulations, among
CHICAGO ROTOPRINT Co. 1267
all employees of the Company 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 em-
ployees who did not work during said 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 any who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by Chicago Web. Printing Press-
men's, Union No. 7, subordinate to I. P. P. and Assistants' Union of
North America, affiliated with the American, Federation of Labor",
for the purposes of collective bargaining.