Island Photo-Engraving Co.

National Labor Relations Board - Board Decisions

May 3, 1950

89 N.L.R.B. 971 (N.L.R.B. 1950)

In the Matter Of ISLAND PHOTO-ENGRAVING COMPANY, EMPLOYER and
NEW YORK PHOTO-ENGRAVERS' UNION NO. 1, INTERNATIONAL PHOTO-
ENGRAVERS' UNION OF NORTH AMERICA, PETITIONER
Case No. 2-RC-1822.-Decided May 3, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Elbert C.
Robinson, a hearing officer of the National Labor Relations Board.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
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 [Chairman Herzog and Members
Houston and Murdock].
Upon the entire record in this case, the. Board finds :
1. The Employer, a New York corporation, is engaged in the pro-
duction of photoengraving plates at its Rockville Center, Long
Island, New York, plant. It commenced operations on July 5, 1949,
and during the first 6 months thereafter, purchased raw materials
such as zinc, film, and acid, valued at about $5,000, all of which
represented shipments from suppliers within the State of New York.
During the same period, its total sales amounted to over $13,000,
almost all of which represented shipments to The Daily Review Cor-
poration, herein called Daily Review.
Daily Review, over which the Board recently asserted jurisdic-
tion,' owns 60 percent of the Employer's capital stock, the remain-
der being held by D. B. Shunk, the Employer's vice president and
general manager.2 The Employer was organized and is, in sub-
stance, committed, to furnish all the photoengraving requirements
of Daily Review. The president, vice president, and assistant secre-
1 The Daily Review Corporation , 87 NLRB 1263.
2 The equipment and business had been owned previously by Shank , who operated a
photoengraving shop in Ogdensburg, New York , and who exercises immediate control over
the Employer.
89 NLRB No. 117.
971
'972_ DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tary of Daily Review serve as president, secretary, and treasurer,
respectively, of the Employer and also function as its directors. The
Employer's plant, is located approximately one-half mile from that
of Daily Review, and, as already noted, Daily Review presently con-
stitutes virtually the only customer of the Employer.
In view of the foregoing, and upon the entire record, we find that
the Employer is an integral part of a unitary enterprise which is
engaged in commerce and, contrary to the Employer's contention, that
its activities therefore affect commerce within the meaning of the
ACt.3
2. The labor organization named below claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion 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 following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All employees engaged in the making of photoengraved zinc or
copper plates to be used for reproduction purposes, at the Employer's
Rockville Center, Long Island, New York, plant, excluding office
employees, guards, professional employees and supervisors 4 as defined
in the Act.
DIRECTION OF ELECTION
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 at such time as the Regional Director deems
an election may appropriately be conducted, 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, 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
3 Albany Novelty Corporation, 85 NLRB 1083 ; Newburg Machine Company, 84 NLRB
657; L. N. D. Inc., Oxnard, 81 NLRB 883. Cf . Barrett Logging Company, 88 NLRB
642.
4 As stipulated by the parties , working Foreman Lochren, who has authority effectively
to recommend the hiring and discharge of employees , shall be excluded as a supervisor.
ISLAND PHOTO-ENGRAVING COMPANY 973
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
or not they desire to be represented, for purposes of collective bar-
gaining, by New York Photo-Engravers' Union No. 1, International
Photo-Engravers' Union of North America.