Egry Register Co.

National Labor Relations Board - Board Decisions

May 17, 1950

89 N.L.R.B. 1374 (N.L.R.B. 1950)

In the Matter of the EGRY REGISTER COMPANY, EMPLOYER and INTER-
NATIONAL UNION OF ELECTRICAL RADIO AND MACHINE WORKERS,
LOCAL 768, CIO , PETITIONER
Cam, No. 9-RC--698.Decided May 17, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, two hearings were held before William
A. McGowan, hearing officer.' The hearing officer's ruling 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 Houston, Reynolds, and
Murdock].
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 involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
All production and maintenance employees employed at the Day-
ton, Ohio, plant of the Employer, excluding offset pressmen, offset
1 A second hearing in this case was ordered by the Board pursuant to a motion filed by
the Petitioner requesting that the record be reopened for the receipt of additional evidence
with respect to the appropriate unit.
2 At the original hearing , United Electrical , Radio and Machine Workers of America,
Amalgamated Local 768 ( UE), herein called the Intervenor , contended that the petition
was defective and should be dismissed because it lists the Petitioner as the currently
recognized bargaining agent -of the employees here involved instead of the Intervenor who
allegedly is such agent . We find no merit to this contention as it has no bearing on the
issues to be decided . The Sante Fe Trail Transportation Company, 81 NLRB 132.
89 NLRB No. 182.
1374
EGRY REGISTER COMPANY 1375
platemakers, cameramen, their apprentices and helpers,3 composi-
tors, proofreaders in the composing room, operators of monotype and
casting machines, their apprentices and helpers,' employees in the
stereotype and rubber platemaking department, their apprentices
and helpers,' employees in the letterpress room, trainees, their ap-
prentices and helpers,6 employees of the layout department, produc-
tion control department, industrial engineering department, engi-
neering department, outside truck drivers, office and clerical em-
ployees, guards, professional employees , and supervisors as defined
by the act.7
DIRECTION OF ELECTION e
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than ' 30
days from the date of this Direction, under the direction and supervi-
sion 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, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said payroll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
they desire to be represented, for purposes of collective bargaining, by
International Union of Electrical, Radio and Machine Workers, Local
768, CIO,9 or by United Electrical, Radio and Machine Workers of
America, Amalgamated Local 768, (UE) or by neither.
3 These four employee categories are currently covered by a contract between the
Employer and the Amalgamated Lithographers of America, CIO.
4 These four employee classifications are currently covered by a contract between the
Employer and the Dayton Typographical Union , No. 57, ITU.
5 These employees are currently covered by a contract between the Employer and the
Stereotypers Union , No. 15.
8 These employees are currently covered by a contract between the Employer and the
Dayton Printing Pressmen and Assistants Union, No. 54.
4 This finding is in accordance with the agreement of the parties at the original hearing.
The Petitioner and the Employer , the only parties to appear at the reopened hearing, did
not at that time change their original positions with respect to the appropriate unit.
8 Any participant in the election directed herein may , upon its prompt request to, and
approval thereof by, the Regional Director , have its name removed from the ballot.
9For reasons stated in General Motors Corporation, et at. (88 NLRB 450),, we find
no merit in the contention of the Intervenor that insofar as the two labor organization%
are designated on the ballot , the Petitioner should not be permitted to, use the same local
number as the Intervenor.