New York Paper Cutters' & Bookbinders' Union No. 119

National Labor Relations Board - Board Decisions

Apr 27, 1964

146 N.L.R.B. 1101 (N.L.R.B. 1964)

N.Y. PAPER CUTTERS' & BOOKBINDERS ' UNION NO. 119 1101
effect on October 18. I so find , and shall recommend dismissal of the complaint
so far as the Section 8(b) (7) (C) allegation is concerned.
That leaves for consideration the Section 8(b)(2) allegation that Respondent at-
tempted to cause the discharge of three bartenders for their failure to 'observe Re-
spondent 's picket line. I believe that on January 4, 1963, Respondent did in fact
mention the removal of the bartenders as a condition for the end of picketing and
thus, technically , violated Section 8(b)(2) of the Act. However, the facts show
that by letter dated February 27, 1963, Respondent effectively withdrew any such
request , if made . The matter thus has become purely academic at the worst. In
view of this disclaimer , I do not believe it necessary for any order to issue against
Respondent here in order to effectuate the policies of the Act. I will, accordingly,
recommend that this allegation be dismissed also.
Accordingly, I will recommend dismissal of this complaint in toto.
Upon the basis of foregoing findings of fact , and upon the entire record in this
case, I make the following:
CONCLUSIONS OF LAW
1. Local Joint Executive Board , Hotel & Restaurant Employees and Bartenders
International Union Locals 19, 266, 420, 503, and 655 of the Hotel & Restaurant
Employees and Bartenders International Union is a labor organization within the
meaning of Section 2(5) of the Act.
2. Nationwide Downtowner Motor Inns, Inc., d-/ b/a Downtbwner and Down-
towner Motor Inn, is engaged . in commerce within the meaning of Section 2(7) of
the Act.
3. It would not effectuate the policies of the Act to issue an order against Respond-
ent herein. -
I recommend that this complaint be dismissed in its entirety.
New York Paper Cutters' & Bookbinders ' Union No. 119, Inter-
national Brotherhood of Bookbinders , AFL=CIO and The Great
Atlantic & Pacific Tea Co., Inc.
New York Press Assistants ' Union No . 23, International Print-
ing Pressmen and Assistants ' Union of North America, AFL-
CIO and The Great-Atlantic & Pacific Tea Co., Inc.
International - Printing Pressmen and Assistants ' Union, AFL-
CIO and Printers League . Section , Printing Industries of
Metropolitan - New- York , ' Inc. Cases ' Nos..19-CD-267-1, 2-CD-
067-3, and 2-CD-267-.¢. April 27, 1961
DECISION AND DETERMINATION OF DISPUTES
This is a proceeding under Section 10(k) of the Act following
charges filed by, or on behalf of, The Great Atlantic & Pacific Tea
Co., Inc.,' herein called Employer, alleging violations of Section
8(b) (4) (D) of the Act, by the New York Paper Cutters' & Book-
binders' Union No. 119, International Brotherhood of Bookbinders,
AFL-CIO, herein called Local 119 or Paper Cutters, by the New
York Press Assistants' Union No. 23, International Printing Press=
men and Assistants' Union of North America, AFL-CIO, herein called
'The charge in Case No . 2-CD-267-4 was filed on behalf of the Employer by the
Printers League Section , Printing Industries of Metropolitan New York, . Inc., herein
'called League.
146 NLRB No. 121.
1102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD - "
Local 23 or Press Assistants, and by the International Printing Press-
men and Assistants' Union, AFL-CIO, herein called International.
A hearing was held before Hearing Officer William G. McCreery, on
July 18, August 13, 14, 15, 16, and September 4, 1963, at which all
parties 2 were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to adduce evidence bearing on the issues.
The rulings of the Hearing Officer, made at the hearing are free from
,prejudicial error and are hereby affirmed 3 Thereafter, a brief was
filed by the Paper Cutters, a joint brief by the Employer and the
League, and a joint memorandum by the Pressmen, Press Assistants,
and International.
Upon the entire record in this proceeding, the Board 4 makes the
following findings:
1. The Employer, a Maryland corporation, is engaged in the
business of selling groceries and produce. During the past year, it
had a gross volume of business in excess of $500,000 and it had direct
out-of-State distribution of goods in excess of $50,000. Accordingly,
we find that the Employer is engaged in commerce within the meaning
of the Act and that it will effectuate the policies of the Act to assert
jurisdiction herein.
2. The parties stipulated, and we find, that Local 119, Local 51,
Local 23, and the International are labor organizations within the
meaning of the Act.
3. The dispute.
The Facts
The Employer, insofar as is material to this proceeding, operates a
printing plant where can and glass goods labels are printed for its
own use. A recently installed Champlain six-color gravure press,
herein called New Press, gives rise to the work disputes presented to
us for determination. The first involves the assignment of setting
slitting knives and adjusting rotary cutters, herein collectively called
cutting component,5 and the second involves the assignment of flyboy
work at the delivery end of the New Press.
The Employer, as a member of the League, has master contracts
with the Paper Cutters, Pressmen , and Press Assistants.
2 The New York Printing Pressmen ' s Union No. 51, International Printing Pressmen
and Assistants ' Union of North America, AFL-CIO, herein called Local 51 or Pressmen,
was permitted to intervene at the hearing as a party in interest.
'The Hearing Officer referred to the Board motions made at the hearing by the Paper
Cutters , Press Assistants , and International to quash the notice of hearing and to dismiss
the charges . For reasons stated infra, these motions are denied.
'Pursuant to the provisions of Section 3(b) of the Act , the Board has delegated its
powers in connection with this case to a three-member panel [Dlembers Fanning , Brown,
.and -Jenkins].
5 Although the Paper Cutters refers to this term as including slitting , rotary cutting,
counting , and jogging , it appears that its claim relates principally to the responsibility for
setting the slitting knives and adjusting the rotary cutters on the new press.
N.Y. PAPER CUTTERS' & BOOKBINDERS ' UNION NO. 119 1103
Prior to the installation of the New Press, can labels were printed
on a Cottrell sheet-fed press and glass goods labels were printed on
a Weiss web-fed gravure press. A Local 51 (Pressmen) pressman
and two Local 23 (Press Assistants) operators are assigned to the
Cottrell press, and a Local 51 pressman is assigned to the Weiss press.
A 119-A man 6 is also assigned to each of -these presses and he lifts off
the printed labels. On the Weiss press however, the 119-A man, in
addition to lifting off, helps put on rolls of paper, cleans ink pots, gets
ink, and sometimes watches the press run while the pressman is away
for a short period of time.
Can labels printed on the Cottrell press require additional and subse-
quent operations. These are referred to as finishing operations and
are performed on various types of machines, such as jogging, counting,
straight cutting, and bracket cutting. All of the finishing operations
are performed by employees represented by the Paper Cutters. Glass
goods labels printed on the Weiss press require similar finishing opera-
tions which are also performed by employees represented by the Paper
Cutters. The New Press differs from the Cottrell and Weiss presses in
that it prints a finished label without the necessity of going through
the aforesaid finishing operations.
Since 1954, the Paper Cutters has represented, and its contracts have
covered, the flyboys at the Employer's printing plant. Such repre-
sentation has included the flyboys whether they were engaged solely
in lifting off, as in the case of the Cottrel press, or whether they were
also engaged in helping the pressmen, as in the case of the Weiss press.
The Paper Cutters has also represented other utility employees in the
printing plant, such as washup, inkroom, rollerroom, and cylinder
storageroom.
In the latter part of 1962, the Press Assistants complained to the
Employer concerning the fact that the flyboys on the Weiss press were
represented by the Paper Cutters. It appears that this complaint was
based on the Press Assistants' claim that the flyboy work on the Weiss
press involved helping the pressmen, and that, therefore, it was work
covered by the current contract.' At first, the Paper Cutters refused
to relinquish jurisdiction over this work because they had represented
flyboys in the Employer's printing plant as well as in other printing
plants, and because they had gained working conditions for the fly-
boys which were superior to those offered by the Press Assistants. In
0119-A is an auxiliary of Local 119 (Paper Cutters). The term itself denotes semi-
skilled classifications of employees . Other than the differences In skills, and hence in
rates, there is no distinction between 119-A and 119 and they are both covered by the
terms of the contract.
7 The current contract, executed in 1962 , for the first time Included a classification
listed as "23-W," which classification includes press washup and pressroom utility
employees.
744-670-65-vol. 146--71
1104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
early 1963, the Press Assistants notified the Paper Cutters that it had
adopted a policy aimed at limiting apprenticeship appointments to
pressroom utility employees represented by the Press Assistants.
Shortly thereafter, the Paper Cutters orally agreed with the League
and the Press Assistants that flyboys currently employed on the Weiss
press could either remain members of the Paper Cutters or they could
become members of the Press Assistants without losing any of the
aforesaid superior working conditions. As'to newly hired employees,
they -would be required to become members of the Press Assistants.
On March 21, 1963, a Memorandum of Agreement, herein called
Memorandum, was prepared- by Matthew Kelly, executive secretary of
the: League: ; This Memorandum is addressed to representatives of
the'Employer, Press Assistants, and Paper Cutters, and refers to the
operations of the gravure departnielit in- the Employer's printing
plant. In, substance, the Memorandum sets forth the terms of the
aforesaid earlier oral agreement pertaining to the flyboys: The latter
are identified in the Memorandum by name and as being 119-A men:
Shortly thereafter; the Memorandum was shown to Joseph Hellman,
president of the Paper Cutters, and he stated that 'it was satisfactory
to him.
On April 5,1963,:Hellman advised Kelly that the Paper Cutters was
going to make a jurisdictional claim with respect to the New Press,
referring to the assignment thereto of a journeyman cutter because of
its -finishing capabilities. - Kelly indicated that the Employer had
agreed with the International to give them jurisdiction over the New
Press, and mentioned the Memorandum. Whereupon, Hellman ad-
vised Kelly that he understood the Memorandum to pertain only to
the Weiss press and that he was in no way relinquishing jurisdiction
over the New Press. About 3 days later, Hellman again advised
Kelly, as well as a representative of the Employer, that he could not go
along with the Memorandum because "this was not the understanding
of its intent when given to me."
'From September 1962 to March 1963, the New Press was in the proc-
ess of•assembling and testing. Six journeymen pressmen, all of whom
were taken from other presses in the printing plant, were selected by
the Employer for a period of training 8 on the New Press. Produc-
tion runs were scheduled for April 1963, but the Employer was pre-
vented from doing so by-various threats of work stoppages as herein-
after discussed. Following issuance of atemporary injunction by the
United States Court for the Eastern District of New York, the New
Press started production runs on June 10, 1963: The Employer has
Although the record shows that the period of training for these pressmen varied from
1 to 4 months, there is no breakdown as to just what portion thereof was devoted
specifically to training on the cutting component.
N.Y. PAPER CUTTERS' & BOOKBINDERS' UNION NO. 119 1105
since operated with a basic complement of two journeymen pressmen
assigned to running the New Press on each of three daily shifts, and,
also, a 119-A man to do the flyboy work on each of the shifts.'
The New Press is web-fed and consists basically of six printing.
units, slitting knives, rotary cutters, and a jogging and counting com-
ponent. A -web of . paper; is fed into -the press and, passes. through
the various printing units;. five of which. print colors and the, sixth
applies a varnish. 'The web continues on to the slitting knives where
-it -is slit lengthwise into several. smaller strips, and then to- the rotary
cutters where it is cut or sheeted crosswise into individual finished
labels. They are then.j ogged and counted and are ready, to be removed
by the, flyboy.: A single motor feeds power to all of the press. units
.by means of , a common power shaft and none of the, units can be
operated independently:,
Adjustments Ito, the slitting 'knives are made by means ;of.turning
a small knob,,and adjustments to the rotary cutters. are made by means
of a_ push button . on • the master control. Adjustments to five of the
six printing units are. also made by means of push buttons, and the
sixth is adjusted manually. Once brought into .proper register by the
-push buttons, the five printing units and the rotary cutters- are con-
-trolled electronically.. Similarly; the slitting knives are immovable
.once set. The makereatly adjustments of the cutting component take
approximately 10 to 20 minutes and are made whenever the size of
.the label' to be run on the New Press is changed.1° Absent some
unusual mechanical malfunction or a break in the web, no adjustments
need be madeto.the slitting knives or the rotary cutters while the New
Press is. running. ,
On April 8, 1963, Hellman stated to Anthony Maio, who is the shop
chairman for the Paper Cutters and who is also, employed at the print-
ing plant ,as .a. journeynia;n cutter, that he was to have all employees
represented by the Paper Cutters stop! work if the New. Press was
operated without a journeyman cutter and a 119-A ;man. Repre-
sentatives of the Employer and the League were present when
Hellman made this statement to Maio. A few days later, Hellman
told Kelly that members of the Paper Cutters would picket the
Employer's printing plant and its retail stores if the New Press was
operated with a' complement that did not include a journeyman cutter
and a 119-A man.
Peter Tufo, a representative:of the International,' advised repre-
sentatives of the Employer and the League that he would cause the
U On the New Press, the flyboy lifts off while it is running . However, while on make-
ready, i.e., a preparatory stage to actual running, be has other duties such as getting ink
and generally assisting the pressman in whatever he thinks is necessary.
"The record reflects that this has occurred about once every 8 weeks since the New
Press started production runs on June 10, 1963.
1106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stoppage of the New Press if employees represented by the Pressmen
and Press Assistants were not assigned to perform every operation in
connection with the New Press.
Contentions of the Parties
The Paper Cutters contends that its claim to the assignment of at
least one journeyman cutter to the New Press does not involve a work
assignment dispute within the meaning of Section 8(b) (4) (D) of
the Act. It takes the position that this dispute is not a controversy
between two rival groups of employees over the performance of the
same work,'but that it is rather a dispute over the Employer's attempt
to reassign work theretofore performed by one group of employees
to another. Assuming arguendo the existence of a dispute within the
meaning of Section 8(b) (4) (D), the Paper Cutters contends that
it is entitled to the assignment of a journeyman cutter to the New
Press. It bases this contention on the claim that the New Press
performs a finishing operation that is covered by its contract with the
League. As to the flyboy work on the New Press, the Paper Cutters
contends that it should be assigned to a 119-A man. It bases this
contention on the claim that it has represented the flyboys in the print-
ing plant since 1954; and that it has so represented them whether
their work only involved lifting off the labels or whether it also in-
volved helping the pressmen. The Paper Cutters asserts that the
Memorandum is not applicable to the New Press because it was in-
tended to be applicable only to the Weiss press.
The Employer and League jointly contend that its assignment of
journeymen pressmen to the overall operation of the New Press is
appropriate and proper, and that there is no basis for the assignment
of -a journeyman cutter to the cutting component. They base this
contention on such factors as contract provisions, skills of employees,
area and industry practice, and efficiency of operations. As to the
flyboy work on the New Press, they contend that it should be assigned
to employees represented by the Press Assistants." They base this
contention on the claim that the flyboy work is press helper work;
and that, therefore, it is covered by the contract with the Press Assist-
ants. They also contend that the Memorandum constitutes an appro-
priate arrangement between all the parties concerning the appropriate
union representation of helpers employed on the Employer's gravure
presses, including the New Press, which should be given effect by the
Board.la
n In their joint brief, the Employer and the League take the position that the present
assignment of flyboy work to 119-A men was made with the understanding that they
would become members of the Press Assistants, but that the transfer of union affiliation
has been suspended pending the outcome of the present proceeding.
12 Since the charge in 'Case No. 2-CD-267-3 limits the disputed work to the New Press,
we will make no determination as to work performed on any of the other presses in the
Employer's printing plant.
N.Y. PAPER CUTTERS' & BOOKBINDERS' UNION NO. 119 1107
The International contends that exclusive jurisdiction over the New
Press should be assigned to its affiliates, the Pressmen and the Press
Assistants. It bases this contention on reasons similar to those jointly
advanced by the Employer and the League.
The Press Assistants contends that the flyboy work on the New
Press involves helping the pressmen; and that, therefore, it has juris-
diction over such work under its current contract.
Applicability of the Statute
Before the Board may proceed to a determination of dispute pur-
suant to Section 10(k) of the Act, it must be satisfied that there is
reasonable cause to believe that Section 8 (b) (4) (D) has been violated.
The record shows that the Paper Cutters, Press Assistants, and In-
ternational threatened the Employer with work stoppages unless their
respective demands for work assignments on the New Press were met.
As noted previously, the Paper Cutters. contends that the dispute
regarding the assignment of a journeyman cutter to the New Press
does not involve a work assignment dispute within the meaning of
Section 8 (b) (4) (D) of the Act. The record is clear, however, that an
object of the Paper Cutters' threats is to force the Employer to assign
employees represented by it to the New Press to perform certain work
being performed by employees represented by the Pressmen.
On the basis of the entire record, we find that there is reasonable
cause to believe that a violation of Section 8(b) (4) (D) has occurred,
and that the dispute is properly before the Board for determination
under Section 10 (k) of the Act.
Merits of the Disputes
Section 10 (k) of the Act requires the Board to make an affirmative
award of disputed work after giving due consideration to various
relevant factors, and the Board has held that its determination in a
jurisdictional dispute is an act of judgment based upon common sense
and experience and a balancing of such factors "
We shall first discuss the merits of the dispute between the Paper
Cutters and the Pressmen, which involves the cutting component on
the New Press. There is no Board certification of representatives
applicable to any of these competing groups.
Paragraph 2 of the Paper Cutters' current contract is relied upon as
establishing jurisdiction over the disputed work. In pertinent part
this paragraph recites the jurisdiction of that union to include ".. .
all types of cutting, stitching, covering, trimming, gathering, insert-
ing, folding, collating (straight line, fully automatic, single sheet or
is Internationai Association of Machinists, Lodge No. 1743, AFL-CIO (J. A. Jones
Construction Company ), 135 NLRB 1402, 1410-1411.
1108 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
web gathering) and other machines normally used in bindery and
finishing operations . . . " Paragraph 2 of the Pressmen's, current
contract frames that union's jurisdiction to include "... all em-
ployees in the pressrooms of the. employers engaged as printing press-,
men and apprentice pressmen . . . ." Although apparently broad in
their coverage, we. do not believe that the contracts can be relied upon
as being necessarily dispositive of the disputed work.
Another factor considered relevant by the Board in these cases is
the custom and practice in the-industry. The New Press is a recent
installation and is unique in that it is the only one of its kind that has
the capability of printing individual finished labels. Although the
foregoing would iindicate the absence of a practice, there are other
presses that are similar to the New Press in that they contain slitting
knives and cutting components. The record reflects that at least half of
the presses that are operating in New York City and in the general
area, which takes in several States, have some type of''attach ment that
will either slit 'or cut in some form: In fact, the Weiss press in the
Employer's printing plant, has slitting knives and rotary cutters. In
all of these instances, pressmen and not cutters set the slitting knives
and adjust the cutters, and there is no -evidence that a cutter has ever
been assigned to any press for the purpose of operating a cutting at-
tachment which is an integral part of the press. In view of the fore-
going, we feel that the custom and practice in the industry lends sup-
port to the Employer's assignment of the disputed work to the
pressmen.
The Paper Cutters makes no jurisdictional claim to the cutting com-
ponent on the New Press when it is printing unfinished labels. It ap-
pears from the record that the duties required for the overall operation
of the New Press are the same for the printing of an unfinished label
as compared with the printing of a finished label. In effect, this-would
mean that the Paper Cutters would have a cutter assigned to watch
over the cutting component when finished labels are being run, but
would have no objection to a pressman performing the, same function
while unfinished labels:.are being ruin, even though in, both, instances,
the duties to be performed are the same. There is no showing in the
record that a journeyman cutter, without the requisite skills of a press-
man, could make any significant contribution to the New Press other
than in the operation of the cutting component. The latter function
would involve a minimal amount of work, .less than 1, hour every 8
weeks. On the other hand, it appears that. the- New, Press calls for,
men skilled in setting and operating a synchronized press operation,
for men capable of maintaining a- constant check on the quality of the
printed labels; and for men capable of making on the spot adjustments
to the printing units or other press components. Under -these cir-
N.Y. PAPER CUTTERS' & BOOKBINDERS' UNION NO. 119 1109
cumstances; we feel that the Employer's' assignment of the disputed
work to the pressmen is consistent with economy and efficiency of
operations.
We conclude, therefore, on the basis of the foregoing-evidence and
the entire record herein, that pressmen, represented by the Pressmen,
should be assigned the .disputed work... ,Accordingly, we shall deter
mine the cutting component dispute by deciding that pressmen, repre-
sented by the Pressmen, rather than cutters, represented by-the Paper
Cutters, are entitled to the-work-in question: In making this deter-
mination, ,we are assigning the disputed work to employees represented
by the Pressmen, but not to the Pressmen or its members.
We turn now to the merits of the dispute between the 'Press Assist-
ants.and the Paper Cutters, which involves the flyboy, work on the New
Press: There is no Board certification of, representatives applicable
to any of these competing groups__
It appears from-the record that the various discussions leading up;
to the earlier oral agreement related only to the flyboys working on
the Weiss press. In fact, the New Press was. then going through a
period of testing and it was not scheduled for production runs until
a later date. Additionally; we note that flyboys then employed on
the Weiss press are specifically named in the Memorandum and are
identified as 119-A men. The foregoing evidence indicates that the
Memorandum was applicable only to the Weiss press. We note also
that Tufo, representative of the International, testified that the Memo-
randum in its present form was not acceptable. Under all the cir-
cumstances, we cannot find that the Memorandum constitutes an
appropriate adjd tment of this work dispute within the meaning of
the Act. -
Paragraph 2 of the Press Assistants' current contract is relied upon
as establishing 'jurisdiction over the disputed work. In pertinent
part this paragraph recites jurisdiction to include ". '.. all employees
in the pressroom of the employers, engaged as operators, press feeders,
press assistants, apprentice assistants and' utility then engaged on
presses ... ." The contract sets forth wage scales for press washup
and pressroom' utility employees under the classification -of 23-W.
The Paper Cutters' current- contract provides for jurisdiction to' in-
elude ". .. all' utility employees in 'the'' bindery, 'finishing and pack-
ing and shipping departments, and loading platforms : of bind-
eries ...." The contract sets forth wage scales for employees under
the classification of 119-A: '
It is undisputed that since at least 1954'the Paper Cutters has repre-
sented, and its contracts have covered; the flyboys at the 'printing
plant: Such representation ha's included the flyb'oys whether they
were engaged solely in lifting -off- or in their other duties.. The Paper
1110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Cutters has also represented other utility employees in the printing
plant such as washup, inkroom, rollerroom, and cylinder storageroom.
The Press Assistants has never represented the flyboys or the other
utility employees. In fact, the current contract of the Press Assist-
ants, executed in 1962, was the initial inclusion of the classification
23-W. We have been presented with no convincing reasons to change
a work assignment which is consistent with the Employer's practice
of many years.
We conclude, therefore, on the basis of the foregoing considerations
and the entire record herein, that employees represented by the Paper
Cutters should be assigned the disputed work. Accordingly, we shall
determine this work dispute by deciding that employees represented
by the Paper Cutters, rather than employees represented by the Press
Assistants, are entitled to the work in question. In making this de-
termination, we are assigning the disputed work to employees repre-
sented by the Paper Cutters, but not to the Paper Cutters or its
members.
Determination of Disputes
Upon the basis of the foregoing findings and the entire record in
this case, the Board makes the following determination of disputes
pursuant to Section 10 (k) of the Act :
1. Employees engaged as pressmen, currently represented by the
New York Printing Pressmen's Union No. 51, International Printing
Pressmen and Assistants' Union of North America, AFL-CIO, are
entitled to the setting and adjusting of the cutting component for
The Great Atlantic & Pacific Tea Co., Inc., on the Champlain six-color
gravure press at its printing plant, 50 Washington Street, Brooklyn,
New York. Accordingly, the New York Paper Cutters' & Book-
binders' Union No. 119, International Brotherhood of Bookbinders,
AFL-CIO, is not entitled to force or require The Great Atlantic &
Pacific Tea Co., Inc., to assign the above-mentioned disputed work
to cutters represented by Local 119.
2. Employees engaged as flyboys, currently represented by the
New York Paper Cutters' &- Bookbinders Union No. 119, International
Brotherhood of Bookbinders, AFL-CIO, are entitled to perform
the flyboy work for. The Great Atlantic & Pacific Tea Co., Inc., on
the Champlain six-color gravure press at its printing plant, 50 Wash-
ington Street, Brooklyn, New York. Accordingly, the New York
Press Assistants' Union No. 23, International Printing Pressmen and
Assistants' Union of North America, AFL-CIO, and the International
Printing Pressmen and Assistants' Union, AFL-CIO, are not entitled
to force or require The Great Atlantic & Pacific Tea Co., Inc., to
assign the above-mentioned disputed work to employees represented
by Local 23.
KINGSPORT PRESS, INC. 1111
3. Within 10 days from this decision and determination of disputes,
the New York Paper Cutters & Bookbinders' Union No. 119, Inter-
national Brotherhood of Bookbinders, AFL-CIO, the New York
Press Assistants Union No. 23, International Printing Pressmen and
Assistants' Union of North America, AFL-CIO, the International
Printing Pressmen and Assistants' Union, AFL-CIO, shall notify
the Regional Director for the Second Region, in writing, whether or
not they will refrain from forcing or requiring The Great Atlantic &
Pacific Tea Co., Inc., by means proscribed by Section 8(b) (4) (D), to
assign the work in dispute in a manner other than determined above.
Kingsport Press, Inc. and Local 175, Electrotypers Union , Inter-
national Stereotypers & Electrotypers Union of North Amer-
ica, AFL-CIO, Petitioner and Kingsport Printing Pressmen &
Assistants' Union No. 336, International Printing Pressmen
& Assistants' Union of North America, AFL-CIO, Petitioner
and Progressive Lodge No. 1694, International Association of
Machinists, AFL-CIO, Petitioner and Bindery Workers Union,
Local No. 82, International Brotherhood of Bookbinders, AFL-
CIO, Petitioner . Cases Nos. 10-RC-5804, 10-RC-5805, 10-RC-
5806, and 10-RC-5807. April 27, 19644
SUPPLEMENTAL DECISION AND ORDER
On March 5, 1964, the Board issued a Decision and Direction of
Elections in these cases,' in which it directed elections to be held on
March 10, 1964. For reasons stated therein, the Decision was based
on the record made at the hearing before the Hearing Officer and was
issued before the receipt of any briefs from the parties. However,
the Board stated in its Decision that it would treat any briefs subse-
quently filed as motions for reconsideration of any adverse disposi-
tions, directed that all ballots be impounded until the Board considered
such briefs, and granted the Employer's request for a further exten-
sion of time for filing briefs. On March 6, 1964, the Employer filed
a motion for reconsideration in which it requested the Board to set
aside the Decision and Direction of Elections and postpone further ac-
tion pending consideration of the briefs. By telegraphic order, dated
March 9, 1964, the Board denied the motion for reconsideration to
the extent that it requested a stay of the elections and reserved ruling
as to the procedural and substantive issues raised. On the same day,
the Employer filed a suit in the United States District Court for the
District of Columbia, in which it requested a temporary restraining
1146 NLRB 260.
146 NLRB No. 137.