H. L. Ruggles & Co.

National Labor Relations Board - Board Decisions

Sep 16, 1944

58 N.L.R.B. 308 (N.L.R.B. 1944)

In the Matter of H . L. RUGGLES & COMPANY and CHICAGO PRINTING
PRESSMEN 'S UNION No. 3, AND FRANKLIN UNION No. 4, AFFILIATED
WITH 1 . P. P. AND A. U. OF N. A.) A. F. OF L.
In the Matter of H. L. RUGGLES & COMPANY and. CHICAGO TYPOGRAPHI-
CAL UNION No. 16, I. T. U., A. F. of L.
Cases Nos. 13-R-2560 and 13-R-3593 respectively.Decided
September 16, 191,4
Mr. Otto A. Jaburek, of Chicago, Ill., for the Company.
Messrs . Peter Finkel and James F. Doyle, of Chicago, Ill., for the
Pressmen's and Franklin Unions.
Mr. Edward F. Landwehr, of Chicago, Ill., for the Typographical
Union. _
Mr. Jack Mantel, of counsel to the Board.
DECISION
° AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE.
Upon a joint petition duly filed by Chicago Printing Pressmen's
Union No. 3, and Franklin Union No. 4, both affiliated with I. P. P.
and A. U. of N. A., A. F. of L., herein called the Pressmen and
Franklin, respectively, and upon a separate petition duly filed by
Chicago Typographical Union No. 16, I. T. U., A. F. of L., herein
called the Typographical, each alleging that a question affecting coin-
merce had arisen concerning the representation of employees of H. L.
Ruggles & Company, Chicago, Illinois, herein called the Company,
the National Labor Relations Board provided for an appropriate con-
solidated hearing upon due notice -before William J. Scott, Trial
Examiner. Said hearing was held at Chicago, Illinois, on August 22,
1944. The Company, the Pressmen, Franklin, and Typographical
appeared and participated. All parties 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 rul-
ings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
58 N L R.B,No.62.
308
H. L. RUGGLES & COMPANY 309
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
H. L. Ruggles & Company, an Illinois corporation, is engaged in
commercial and job printing at its plant located in Chicago, Illinois.
During the calendar year 1943, the Company purchased raw materials,
principally consisting of paper, amounting to $40,000 in value, prac-
tically all of which was shipped to its plant from points outside the
State of Illinois. During the same period, the Company's finished
products amounted to $150,000 in value, of which 50 percent was
shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Chicago Printing Pressmen's Union No. 3, and Franklin Union
No. 4, both locals of International Printing Pressmen and Assistants'
Union of North America, affiliated with the American Federation of
Labor, are labor organizations admitting to membership employees
of the Company.
Chicago Typographical Union No. 16, a local of International
Typographical Union, affiliated with the American Federation,of
Labor, is a labor organization admitting to membership employees
of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Pressmen
and Franklin, and the Typographical as the exclusive bargaining
representatives of its employees until they have been certified by the
Board in appropriate units.
Statements of a Board agent, introduced into evidence at the hear-
ing, indicate that the Pressmen and Franklin, and the Typographical
represent a substantial number of employees in the units hereinafter
found appropriate.'
We find that questions affecting commerce have 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.
2 The Board agent reported that the Pressmen and Franklin submitted six application
for membership cards, and that there are eight employees in the appropriate unit. The
board agent further reported that the Typographical submitted one application for mem-
bership card, and that there are three employees in the appropriate unit.
310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNITS '
Pressmen and Franklin contend that all pressmen and assistants to
the pressmen, including the cutter, foremen and assistant foremen,
but `excluding all other employees of the Company constitute an
appropriate unit for the purposes of collective bargaining.
Typographical claims as appropriate a separate unit of hand com-
positors, lock-up and line-up men, and foreman, except for the super-
intendent and office employees. The Company's position is that a
single plant-wide unit consisting of all the production employees is
appropriate,' for the reasons that all the employees work on the same
floor in one large room, and that there are only 16 workers involved.
However, the separate units as contended for by the unions follow
well-established craft lines in the printing industry, and the record
reveals no reason for deviating therefrom. The Company further
objects to the inclusion of the cutter in the pressmen's unit, on the
grounds that this employee should be part of a bindery workers unit.
.The record shows that the cutter works with the'-pressmen, and not
with the-bindery employees. We shall therefore include the cutter
in the pressmen 's unit.
We find that (1) all pressmen and assistant pressmen of the Coin-
pany including the cutter, foremen and assistant foremen,2 but exclud-
ing all other employees of the Company, and (2)- all hand compositors,
lock-up and line-up men, and foreman," excluding the superintendent
and office employees, constitute separate appropriate units for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the "questions concerning representation which
have arisen be resolved by elections by secret ballot among the,.em-
ployees in each;of the- appropriate'units,who were employed during
the pay-roll period immediately preceding the date of the Direction
of Elections herein, subject to the limitations and additions set forth
in the Direction.
DIRECTION OF ELECTIONS
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 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby-
2 The inclusion of foremen and assistant foremen is in accord with their traditional rep-
resentation in the printing industry. Matter of W. F. Halt Printing Co , 51 N. L. R. B.
640; Matter of Con P. Curr an Printing Co., 56 N L. R. B. 159.
3 See footnote 2, supra.
H. L. RUGGLES & COMPANY 311
DIREOrED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with H. L. Ruggles &
Company, Chicago, Illinois, elections by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under direction and supervision of the
Regional Director for the Thirteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Arti-
cle III, Sections 10 and 11, of said Rules and Regulations, among the
employees in each of the units 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 the said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
ofthe election, to determine (1) whether or not the employees in unit
1 desire to be represented by Chicago Printing Pressmen's Union No. 3,
and Franklin Union No. 4, affiliated with I. P. P. and A. U. of N. A.,
A. F. of L., for the purposes of collective bargaining, and (2) whether
or not the employees in unit 2 desire to be represented by Chicago
Typographical Union No. 16, I. T. U., A. F. of L., for the purposes
of collective bargaining. '