John Dickinson Schneider

National Labor Relations Board - Board Decisions

Dec 18, 1944

59 N.L.R.B. 1133 (N.L.R.B. 1944)

In the Matter of JOHN DICKINSON SCHNEIDER , GERTRUDE SCHNEIDER,
AND DAVID SCHNEIDER, D/B/A JOHN DICKINSON SCHNEIDER and CHI-
CAGO PRINTING PRESSMEN 'S UNION No. 3, CHICAGO FRANKLIN UNION
No. 4 I. P. P. AND A. U. OF N. A., A. F. OF L.
Case No. 13-B-2695.-Decided December 18, 1944
Mr. Holland C. Pile, of Chicago, Ill., for the Company.
Messrs. Edward F. Landwehr and Charles Hetzer, of Chicago, Ill.,
for the A. F. of L.
Mr. Harold M. Humphreys, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon a petition duly filed by Chicago Printing Pressmen's Union
No. 3 and Chicago Franklin Union No. 4, I. P. P. and A. U. of N. A.,
A. F. of L., herein jointly called the A. F. of L., alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of John Dickinson Schneider, Gertrude Schneider, and
David Schneider d/b/a John Dickinson Schneider, Chicago, Illinois,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Benjamin B.
,Salvaty, Jr., Trial Examiner. Said hearing was held at Chicago,
Illinois, on November 17, 1944. The Company and the A. F. of L.
appeared and participated. All parties were afforded full opportunity
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.
All parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
John Dickinson Schneider, Gertrude Schneider, and David Schnei-
der, co-partners , doing business as John Dickilson Schneider , are en-
59 N. L. R. B., No. 203. 1133
1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gaged in Chicago, Illinois, in the business of general commercial print-
ing and lithographing. The Company's chief raw materials consist
of paper, lead, and ink, of which an amount in excess of 15 percent
represents annual shipments from points outside the State of Illinois.
The Company's annual sales are in excess of $100,000, of which ap-
proximately 20 percent is shipped to points outside the State of
Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Chicago Printing Pressmen's Union No. 3, and Chicago Franklin
Union No. 4, 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.
III. THE QUESTION CONCERNING REPRESENTATION
On or about October 12, 1944, the A. F. of L. orally requested the
Company to recognize it as the bargaining agent for certain of the
Company's employees. The Company refused to accord it such recog-
nition.
A report of a Field Examiner, introduced into evidence at the hear-
ing indicates that the A. F. of L. represents a substantial number of
employees in the unit hereinafter found appropriate.,
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
The Company and the A. F. of L. agree that the appropriate unit
should consist of all printing pressmen and printing pressmen's assist-
ant's in the letter press department of the Company, including the
working foremen in charge of the Gordon presses.2 However, the
A. F. of L. would include, and the Company would exclude, the fore-
man in charge of the vertical and horizontal presses.
The Company is engaged in general commercial printing at its
three-story plant in Chicago, Illinois. The letter press department is
located on the second floor. In it are situated the vertical and horizon-
tal and Gordon presses, which are operated by the printing pressmen
i
1 The Field Examiner reported that the A. F. of L. submitted 12 application for member-
ship cards and that there are 21 employees in the unit petitioned for.
2 Emil Valley It appears that he is not a supervisory employee within the meaning of
our customary definition.
JOHN DICKINSON SCHNEIDER 1135
and their assistants. These employees are all paid on an hourly basis.
The foreman in charge of the vertical and horizontal presses 3 is paid
on a weekly basis and receives an annual bonus. He has a desk at
which he spends the greater part of his time, does no manual labor,
and supervises the work of the employees on the vertical and horizontal
presses. He has authority to hire, discharge, and discipline such
employees, but has no authority with respect to the employees oper-
ating the Gordon presses or any other workers in the plant. While it
is true that he has supervisory authority, employees possessing such
authority are traditionally include in units of non-supervisory em-
ployees in the printing trades. In according with our usual treat-
inent of such printing trades employees, we shall include him.4
We find that all printing pressmen and printing pressmen's as-
sistants in the letter press department of the Company, including the
working foreman in charge of the Gordon presses and the foreman
in charge of the vertical and horizontal presses, but excluding all other
employees of the Company, constitute a unit appropriate 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 question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were 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 Di-
rection.5 .
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with John Dickinson
Schneider, Gertrude Schneider, and David Schneider, d/b/a John
Dickinson Schneider, Chicago, Illinois, an election by secret ballot
shall be conducted as early'as possible, but not later than thirty (30)
8 John Musselman.
4 See Matter of Service Printing , Inc., 54 N. L. R. B. 1082.
e The A F of L requests that it appear upon the ballot as its name is set forth in the
Direction of Election.
The Company contends that all employees in the armed forces be permitted to cast
ballots. For reasons stated in Matter of Mine Safety Appliances Co , 55 N L. R. B. 1190,
only those employees in the armed services who present themselves in person at the polls
may vote.
618683-45-vol. 59-73
1136 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Thirteenth Region, acting in
this matter as agent for the National Labor Relations. Board, and sub-
ject to Article III, Sections 10 and 11, 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 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 of the
election, to determine whether or not they desire to be represented by
Chicago Printing Pressmen's Union No. 3, Chicago Franklin Union
No. 4, of the International Printing Pressmen and Assistants' Union of
North America, A. F. of L., for the purposes of collective bargaining.