Grosset & Dunlap, Inc.

National Labor Relations Board - Board Decisions

Jan 16, 1943

46 N.L.R.B. 1150 (N.L.R.B. 1943)

In the Matter of GROSSET & DIINLAP, INC . and GROSSET & DUNLAP
SHIPPING. AND WAREHOUSE EMPLOYEES ASSOCIATION
Case No. R-4377.Decided January 16, 1943
Jurisdiction : book manufacturing industry.
Investigation and Certification of Representatives : existence of question :
refusal to accord union recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all warehouse and shipping em-
ployees, excluding officers- of the corporation, supervisory and managerial
employees, and any employees engaged in joint main office and warehouse
work ; agreement as to.
Mr. James C. Cleary, of New York City, for the Company.
Mr. Milton H. Friediitan, of New York City, for the Association.
Mr. Samuel M. Sacker, of New York City, for the C. I. O.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Grosset & Dunlap Shipping and Ware-
house Employees Association, herein called the Association, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Grosset & Dunlap, Inc., New York City,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Richard
J. Hickey, Trial Examiner. Said hearing was held in New York'
City on October 13, 1942. The Company, the Association and Local
18, Book and Magazine Union, U. O. P. W. A., C. I. 0., herein called
the C. I. 0., appeared, participated, and were afforded full oppor-
tunity 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.
Upon the entire record in the case, the Board makes the following:
46 N. L. R. B., No. 135.
1150
GROSSET & DUNZAP- INC. 1151
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Grosset & Dunlap, Inc., a New York corporation, has its principal
office in New York City where it is engaged in the manufacture, sale
and distribution of books and related products. The only plant here
involved is the Company's New York City warehouse. During the
6-month period prior to August 31, 1942, the Company purchased
from sources outside the State of New York for use at its New
York City plant, raw materials valued at $261,800.00, which amount
represented approximately 65 percent of the total of raw materials
purchased by the Company., During the same period, the Company
sold and shipped to points outside the State of New York finished
products amounting in value to approximately $1,596,000 and repre-
senting approximately 70 percent of the Company's total sales. The
Company admits that it is engaged. in commerce within the meaning
of the National Labor Relations Act.
II.' THE ORGANIZATIONS INVOLVED
Grosset & Dunlap Shipping and Warehouse Employees Associa=
tion is an unaffiliated labor organization, admitting 'to membership
employees of the Company.
Local 18, Book and-Magazine Union, United Office and Profes-
sional Workers of America, is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about August 7, 1942, the Association notified the Company
by letter that it'represented a majority of its employees and requested
that the Company bargain collectively. The Company replied that
it could not bargain with the Association pending the expiration of
a bargaining agreement' with- the C. I. O. or the determination by
the Board of a representative for purposes of collective' bargaining.
A statement of the Regional Director, introduced in evidence at the
hearing, indicates that the Association represents a substantial num-
ber of employees in the unit hereinafter found appropriate.2
'The agreement is a closed -shop contract covering the employees herein involved and
was introduced in evidence by the C. I. O. ' The latter admitted , however , that the
contract had expired and did not contend that it constituted a bar to the present
proceeding.
2 The Regional Director reported that the Association had submitted a petition bearing
30 signatures and designating the Association as exclusive bargaining representative. The
Regional Director further reported that all 30 signatures appeared to be genuine and
1152, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
We find, in accordance with stipulations of the parties, that all
warehouse and shipping employees of the Company employed in and
about its place of business located at 526 West 26th Street, New York
,-City, excluding officers of the corporation, supervisory and manage-
rial employees, and any employees engaged in joint main office and
warehouse work, constitute a unit appropriate for the purposes of
,collective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OFD 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 are 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.
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 Grosset & Dunlap,
Inc., New York City, 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 Second Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
10, of said Rules and Regulations, among the employees 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 employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
checked with the Company 's pay roll of August 31, 1942, containing' 41 names within the
alleged appropriate unit.
The C I . 0. relies upon its contract , which expired in September 1942, as establishing
its interest.
11
GROSSET & DUNLAP, INC . 1153
.eluding employees in the armed 'forces of the United States who
present themselves in person at the polls, but excluding employees
who have since quit or been discharged for cause, to determine
whether they desire to be represented by Grosset & Dunlap Shipping
and Warehouse Employees Association, or by Local 18, Book and
Magazine Union, U. 0. P. W. A., affiliated with the C. I. 0., for the
purposes of collective bargaining, or by neither.
504086-43-vol. 46-73