Continental Can Co., Inc.

National Labor Relations Board - Board Decisions

May 16, 1949

83 N.L.R.B. 638 (N.L.R.B. 1949)

In the Matter of BOND CROWN & CORK CO., SUBSIDIARY OF CONTINEN-
TAL CAN COMPANY, INC.,' EMPLOYER and AMALGAMATED LrrHoo-
RAPHERS OF AMERICA, CIO AND LOCAL 58 OF THE AMALGAMATED
LITHOGRAPHERS OF AMERICA, CIO,' PETITIONER
Case No. 4-RC-374.-Decided May 16, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed herein, hearing in this case was held
before Ramey Donovan, hearing officer of the National Labor Re-
lations Board. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.2
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Reynolds, Murdock, and
Gray.]
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of certain employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit of all pressmen, feeders, plate makers,
plate maintainers and ink men, artists, and photographers in the litho-
graphic department, excluding all other employees. The Employer
and Intervenor agree that the employees in the enumerated classifica-
tions comprise an appropriate unit. But they contend that the unit
is nevertheless inappropriate because of a history of collective bar-
gaining on a plant-wide basis ,3 and because the work of the employees
in the lithographic department is an integral part of the production
process. Moreover, the Employer and Intervenor argue that a unit
1 The name appears as amended at the hearing.
District No. 50, United Mine Workers of America , was permitted to intervene upon the
basis of a current contractual interest.
3 With the exception of a unit of machinists.
83 N. L. R. B., No. 94.
638
BOND CROWN & CORK CO. 639
of lithographic employees may not appropriately be severed from the
existing unit because no separate unit of lithographic employees exists
at the present time in the crown manufacturing industry.
In an earlier proceeding involving substantially the same parties and
issues,4 we held that a similar unit sought to be represented by the
Petitioner constituted a true craft group, and that neither the bargain-
ing history in the plant 5 nor the fact of integration with the production
process was sufficient to deny them the opportunity of deciding whether
they desired separate representation. The present record amply sup-
ports our earlier conclusion.6
In view of the stipulation of the parties and upon the basis of the
record in this case, we believe that the specifically mentioned employees
in the lithographic department may, if they so desire, appropriately
constitute a separate unit for the purposes of collective bargaining.
However, the Board will make no final unit determination until it has
ascertained the desires of the employees involved.
We shall direct an election among all pressmen, feeders, plate makers,
plate maintainers and ink men, artists, and photographers at the Em-
ployer's Wilmington, Delaware, plant, excluding all other employees
and supervisors as defined in the Act. If a majority of these employees
voting select the Petitioner as their bargaining representative, they
will be taken to have indicated their desire to constitute a separate unit
for the purposes of collective bargaining.
DIRECTION OF ELECTION 7
As part of the investigation to ascertain representatives for the pur-
s of collective bargaining, an election by secret ballot shall be con-
ducted as early as possible, but not later than 30 days from the date
of this Direction, under the direction and supervision of the Regional
Director for the Region in which this case was heard and subject to
Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, as amended, among the employees in the
voting group described in paragraph numbered 4, above, who were
4 Matter of Bond Crown d Cork Co., etc , 75 N. L . R B. 1152.
5 The record , both in the earlier and in the instant proceeding , shows that Intervenor,
District No 50, United Mine Workers of America , never represented , nor sought to represent,
the artist , plate makers , and photographer who unquestionably are an appropriate part of
a unit of lithographic employees
9 In the earlier proceeding , the Board stated that the record in that case clearly showed
that similar craft bargaining existed in the industry . However, assuming the contrary to
be the fact , as contended by the Employer and Intervenors , we believe , nevertheless, that
it would not suffice to deny severance . Matter of DoehlerJarvss Corporation ( Doehler
Die Casting Divi8ion ), 81 N. L . R. B. 1097 ; Matter of The Lord Baltimore Pre88, Inc.,
73 N. L. R. B. 811.
7 We shall omit the name of the Intervenor , District No. 50, United Mine Workers of
America , from the ballot as it has not complied with Section 9 (f), (g), and ( h) of the Act.
'640 DECISIONS OF NATIONAL - LABOR RELATIONS BOARD
employed during the pay-roll period immediately preceding the date
of thisDir'ection of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily latid' off, 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, and also excluding employees on strike
who are not entitled to reinstatement, to determine whether or not they
desire rtO!be' represented, for the purposes of collective bargaining, by
Amalgam'ated' Lithographers of America, CIO and Local 58 of the
Amalgamated Lithographers of America, CIO.