Moore Business Forms, Inc.

National Labor Relations Board - Board Decisions

Mar 3, 1975

216 N.L.R.B. 833 (N.L.R.B. 1975)

MOORE BUSINESS FORMS, INC. 833
Moore Business Forms , Inc. and General Teamsters,
Cannery Workers , Food and Merchandise Han-
dlers , Local Union 976, affiliated with the Interna-
tional Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America, Petition-
er. Case 27-RC-4899
March 3, 1975
DECISION ON REVIEW
BY MEMBERS FANNING, JENKINS, AND
PENELLO
On November 4, 1974, the Regional Director for
Region 27 issued a Decision and Direction of
Election in the above-entitled proceeding in which he
found appropriate the Petitioner's requested unit of
all employees in the press department at the
Employer's plant located at 630 W. 1000 N., Logan,
Utah. Thereafter, in accordance with Section 102.67
of the National Labor Relations Board Rules and
Regulations, Series 8, as amended, the Employer
filed a timely request for review of the Regional
Director's Decision on the grounds, inter alia, that, in
concluding that the petitioned-for unit is appropriate,
he made erroneous findings as to substantial factual
issues and departed from officially reported preced-
ent. Thereafter, the Petitioner filed opposition there-
to.
The National Labor Relations Board, by telegraph-
ic order dated December 2, 1974, granted the request
for review and stayed the election pending decision
on review.'
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the entire record in this
case with respect to the issues under review, and
makes the following findings:
The Employer, at its Logan plant, the only plant
involved herein, manufactures a single, specialized
item called "Special Customs Speedi-set," a type of
business form primarily used in business machines
and typewriters.
The Petitioner seeks to represent a unit of all
employees in the Employer's press department and,
in the alternative, seeks a lithographic production
unit composed of employees in the press and
preliminary departments. The Employer contends
that because of the integrated nature of its operations
and the community of interest shared by all
production and maintenance employees at the Logan
plant, the only appropriate unit is a production and
maintenance unit consisting of approximately 201
employees. There is no history of collective bargain-
ing at this plant.
The Logan plant is primarily a single level
construction of approximately 150,000 square feet.
All the principal manufacturing operations, i.e., press
and finishing, are performed in a large open area.
Collators are located to the west of the presses. One
press is practically adjacent to some of the collators.
Space is currently planned in the finishing area for a
larger press. North of the presses is the preliminary
area which is separated from the press area by a wall.
South of the finishing and press areas is a large open
area in which shipping and stock processing opera-
tions are carried out. In the southeast portion of the
plant, near stock processing, is the warehouse area.
In the northeast portion of the plant, adjacent to the
preliminary area, is an office area. A machine shop is
also located at the Logan plant, but the record does
not indicate its location.
Plant employees work in six departments: prelimi-
nary, press, finishing, stock processing and ware-
house, machine shop, and shipping. The press
department has 58 employees, 48 of whom are press
operators.) The preliminary department has 43
employees.2 The finishing department has 76 em-
ployees. The stock processing and warehouse area
has approximately 21 employees. The record does
not indicate the number of employees working in the
shipping department or in the machine shop.
The press department has 19 offset press units,
called "strip presses," which are primarily manufac-
tured by Moore machinery division of the Employer.
The operators who run the presses undergo a 4-week
training program consisting of classroom instruction
which stresses primarily safety factors. They then
work with an experienced press operator until, after
the 4 weeks are completed, they will be operating a
one-color press without assistance . One press opera-
tor testified that after the initial training period the
operators move up to more difficult presses, spending
a few months on each of the different three-color
presses before working on the four-color press. A
certificate, acknowledging the individual pressman's
level of achievement, is awarded by the Employer
approximately 3 years after the initial training
period.
After an order is received in the office area,
materials are obtained in the central file area and
processed into the preliminary department. There,
the preliminary planner will plan the order through-
out the preliminary area in terms of type setting,
headlining, the number of layouts required, and the
number of drawings per order, how much material is
I It appears that the remaining 10 are foremen and assistant foremen.
2 A breakdown of the classifications utilized in the preliminary
department was not given . However, it appears that all of the lithographic
preparatory functions are there carried on.
216 NLRB No. 137
834 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
needed, and how many plates must be made for the
order. He supervises the coding of the order so that
when the order is received by the pressmen they will
know what plate or sheet to put on the press. The
coding system developed in the preliminary depart-
ment also tells the press operator how many feet or
impressions to print, what numbers to put on, how
many order forms are required, and what type and
color of paper should be used. Preliminary employ-
ees will make the plates, proofread them, and
distribute them to the various presses.
The printing process constitutes 20-25 percent of
the entire Logan operation. Paper, in roll form, is
printed and sometimes punched and attached to
carbons on the presses. The paper is then rewound
into rolls and taken by floor service personnel to the
finishing department where the forms are collated,
numbered, attached to carbons, punched, taped,
pasted, and possibly corners are cut. The forms are
then wrapped, labeled, cartoned, and conveyed to
the shipping area where they are stored until
distributed by truck.
The plant operates on three shifts. During the day
shift there are four supervisors: one for finishing and
shipping, one for press, warehouse, and stock
processing, one for the office, and one for the
preliminary area . On the swing shift a foreman is
responsible for finishing and shipping, and another
foreman runs stock processing, warehouse, the office,
the preliminary area, and the press area. On the
graveyard shift, only one supervisor, the press
foreman , remains to run the entire plant. Foremen
rotate from shift to shift. Assistant foremen are
assigned to the press department.
Pressmen frequently go into the preliminary area to
make corrections on plates and to cut plates. On the
graveyard shift there are no preliminary employees
on duty, and thus, if there is any preliminary area
work to be done, it is done by the foreman or
employees of the press department.
Preliminary employees work in the press area on
special color jobs or problem jobs. They are
continually in the press area delivering plates and
materials and obtaining information so that they can
make corrections on negatives and cut straight
plates. They are also assigned to the press area to do
specification checking and to proofread the rolls.
3 See George Rice & Sons, 212 NLRB 947 (1974); Court Square Press,
Inc, Court Square Bank Note Company ; Allied Photoengraving Company, 151
NLRB 861 (1965); Shumate, Incorporated, 131 NLRB 98 (1961 ); McCall
Corporation, 118 NLRB 1332 (1957 ); McQuiddy Printing Company, 116
NLRB 1114 ( 1956); Drug Package Co., Inc, 101 NLRB 1123 (1952).
4 Although the record does not indicate which classifications of
employees work in the preliminary department , we note that the listing of
job classifications within various wage levels contained in Emp. Exh. 9
includes "Litho Layout Operator" and "Camera Operators A & B." With
The Employer attempts to keep the presses running
continuously, and pressmen are expected to be on
the presses, engaged primarily in the function of
printing business forms, 90 percent of the time. No
more than 10 percent of their time is devoted to
getting their own paper and supplies when they run
short and no one is available to assist them. Although
their presses on some job orders attach carbons to
forms, this function is usually performed in the
finishing department. Press employees have contact
with employees in other departments when they have
occasion to obtain supplies, straighten out crooked
plates, operate slitter or "doctor" machines in the
stock processing area at night, consult with machin-
ists , and sometimes do some machine work. Two
finishing employees do some finishing work on the
presses.
We find, contrary to the Regional Director, that
the pressmen alone do not constitute an appropriate
unit, as they comprise but a segment of the
lithographic production employees employed by the
Employer. However, we believe, in view of the degree
of skills required in the Employer's printing opera-
tions, that the lithographic production employees
employed in its press and preliminary departments
constitute a cohesive unit appropriate for the
purposes of collective bargaining.3
We find, therefore, in accord with the Petitioner's
alternative request, that the following employees of
the Employer constitute a unit appropriate for the
purposes of collective bargaining within the meaning
of Section 9(b) of the Act:
All lithographic production employees employed
in the Employer's press and preliminary depart-
ments4 at 630 W. 1000 N., Logan, Utah,
excluding all other employees, office clerical
employees, salesmen , and all guards, professional
employees, and supervisors as defined in the Act.5
Accordingly, we shall remand the case to the
Regional Director for the purpose of conducting an
election pursuant to his Decision and Direction of
Election, as modified herein, except that the payroll
period for determining eligibility shall be that
immediately preceding the date of issuance of this
Decision. [Excelsior footnote omitted from publica-
tion.]
regard to other classifications , e.g., "Cold-typesetting Machine Operator,"
"Specification Checker ," and "Proofreader," also listed therein, it is not
entirely clear from the record whether or not they perform functions integral
to the Employer's lithographic production process . Employees in such
classifications may therefore vote subject to challenge in the election.
S As the unit found appropriate is broader than that requested by
Petitioner , the Regional Director shall determine whether its showing of
interest is sufficient before proceeding with an election.
MOORE BUSINESS FORMS , INC. 835
MEMBER JENKINS, dissenting : appropriate only a single unit of all the employees at
In the circumstances of this case, I would find this plant, and would dismiss the petition.