McKay Press

National Labor Relations Board - Board Decisions

Aug 15, 1955

113 N.L.R.B. 683 (N.L.R.B. 1955)

McKAY PRESS 683
national Brotherhood of Longshoremen, AFL, to discourage membership in
that or any other labor organization of their choosing , or engage in any like
or related conduct constituting interference with , restraint , or coercion of em-
ployees of Moore-McCormack Lines, Inc., in the exercise of rights guaranteed
by Section 7 of the Act, except to the extent that such rights may be affected
by an agreement requiring membership in a labor organization as a condition
of employment as authorized by Section 8 (a) (3) of the Act.
WE WILL jointly and severally with Moore -McCormack Lines, Inc., make
whole William McMahon for any loss of earnings suffered by him as a result
of the discrimination against him.
INTERNATIONAL LONGSHOREMEN 'S ASSOCIATION , INDEPENDENT,
Labor Organization.
Dated---------------- By----------------------------------------------
(Representative ) ( Title)
LOCAL No. 895, ILA INDEPENDENT,
Labor Organization.
Dated---------------- By----------------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof, and must not be
altered , defaced , or covered by any other material.
Neil C. McKay and William R. Hopkins , Co-Partners, d/b/a
McKay Press and Amalgamated Lithographers of America,
CIO, Petitioner. Case No. 7-RC-f714. August 15,1955
SUPPLEMENTAL DECISION AND SECOND DIRECTION
OF ELECTION
By our Decision 1 of May 12, 1955, in this matter, we found that the
appropriate unit consisted of the following classifications of em-
ployees : All lithographic production employees, including letterpress-
men, artists, strippers, platemakers, and cameramen.
On May 31, 1955, the Petitioner filed a motion for reconsideration
of the Board's Decision insofar as it included letterpressmen in a litho-
graphic unit. It also filed a supporting brief and a request for oral
argument.2 We are persuaded by the Petitioner's motion for recon-
sideration and brief that there is merit to its position, and we hereby
grant Petitioner's motion for reconsideration relative to the unit found
appropriate in our Decision and Direction of Election dated May 12,
1955 .11
Upon reconsideration, we have concluded that the letterpressmen
should be excluded from the lithographic unit found to be appropriate.
Unlike the situation obtaining in the Pacific Press case,4 in which the
Board found a combined unit of pressmen appropriate, there is lacking
Case No. 7-RC-2714 (not reported in printed volumes of Board Decisions and Orders).
In view of our decision herein, the Petitioner 's request for oral argument is hereby
denied.
3 The Employer contends that the Board should not consider Petitioner 's motion for
reconsideration because ". . . such motion is not proper under Board Rules and Regu-
lations. . . As there is no warrant in the Board 's rules for rejecting this motion, we
find no merit in this contention.
* Pacific Press, Inc., 66 NLRB 458.
113 NLRB No. 74.
684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
here the substantial interchange between lithographic and letterpress
operators deemed significant in that case. Consequently, the facts as
found, that lithographic pressmen are not segregated from other press-
men, that they share the same immediate supervision as other press-
men, that they enjoy similar working conditions and similar pay, and
that the letterpressmen have prospects of becoming lithographers
when their jobs are abolished constitute an insufficient basis for includ-
ing letterpressmen in a lithographic production unit in the present
proceeding. Accordingly, we now find that the following lithographic
production employees at the Employer's plant location in Midlandr
Michigan, constitute a unit appropriate for purposes of collective
bargaining within the meaning of Section 9 (b) of the Act: 5
All lithographic production employees, including artists, strippers,
platemakers, and cameramen, but excluding all other employees, letter-
pressmen, the proofreader, office and clerical employees, professional
employees, guards, foremen, and supervisors as defined in the Act.
[Text of Second Direction of Election omitted from publication.]
CHAIRMAN FARMER took no part in the consideration of the above
Supplemental Decision and Second Direction of Election.
5 Employee Robert Dunnebacke, classified as an offset press operator by the Employer,
operates both offset and letterpresses on the night shift. As this employee spends a sub-
stantial portion of his time engaged in lithographic production work, we shall include
him in the unit.
LeTourneau-Westinghouse Company and International Broth-
erhood of Boilermakers, Iron Ship Builders , Blacksmiths,
Forgers and Helpers, A.F.L., Petitioner . Case No. 10-RC-3086.
August 15,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Gilbert Cohen, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain ern
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 parties agree generally that the production and maintenance
unit sought by the Petitioner is appropriate. However, the Employer
113 NLRB No. 72.