Oswego Falls Corp.

National Labor Relations Board - Board Decisions

Apr 12, 1955

112 N.L.R.B. 92 (N.L.R.B. 1955)

92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As we have sustained challenges to 4 of the 6 ballots, we find it un-
necessary to pass upon the remaining 2 challenges, also contested by
the Employer, since they cannot affect the results of the election. Ac-
cordingly, as the Petitioner has secured a majority of the valid votes
cast, we shall, as recommended by the Regional Director, certify the
Petitioner as the exclusive bargaining representative of the employ-
ees in the appropriate unit.
[The Board certified Retail Clerks International Association, AFL,
as the designated collective-bargaining representative of all selling
and nonselling employees of N. B. Liebman & Company, Inc., at its
Pottsville, Pennsylvania, store, including the credit manager and jani-
tress, but excluding warehouse personnel, drivers and their helpers,
and all supervisors as defined in the Act.]
MEMBER LEEDOM took no part in the consideration of the above Sup-
plemental Decision and Certification of Representatives.
Oswego Falls Corporation 1 and Syracuse Photo Engravers Union,
Local 20, International Photo -Engravers U n i o n of North
America, AFL, Petitioner . Case No. 3-RC-1488. April 12,1955
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 Hymen Dishner, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial 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 Farmer and Members
Murdock and Peterson].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organizations named below claim 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.'
1 The Employer 's name appears as amended at the hearing.
Contrary to the Petitioner, the Employer contends that its current collective-bargain-
ing agreement with the Intervenor , International Brotherhood of Pulp , Sulphite Paper and
Paper Mill Workers, Fulton-Oswego Falls Sealright Local No. 54, AFL, is a bar. The
Intervenor is neutral Since 1941, the Employer and the Intervenor, as certified bargain-
ing representative of the Employer 's production and maintenance employees, have been-
112 NLRB No. 45.
SANTA CLARA LEMON ASSOCIATION 93
4. The following employees of the Employer may constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act : 3
All photoengravers employed at the Employer's Fulton, New York,
plant, including apprentices, but excluding all other employees, office
and clerical employees, guards, professional employees, and super-
visors as defined in the Act.
5. If a majority vote for the Petitioner they will be taken to have
indicated their desire to constitute a separate appropriate unit and
the Regional Director conducting the election directed herein is in-
structed to issue a certification of representatives to the Petitioner for
the unit described in paragraph numbered 4, which the Board, under
such circumstances, finds to be appropriate for purposes of collective
bargaining. In the event a majority vote for the Intervenor, the Board
finds the existing unit to be appropriate and the Regional Director
will issue a certification of results of election to such effect.
[Text of Direction of Election omitted from publication.]
parties to a series of bargaining agreements covering the employees in the certified unit.
The most recent contract is effective until March 21, 1955, and provides for automatic
annual renewal thereafter absent 60 days' notice in writing to modify or terminate. The
petition was filed on January 10, 1955 . As the petition was filed before the automatic
reneiial date we find that the contract is not a bar . Gemco Engineering and Mfg. Co.,
Iiic, 76 NLRB 437.
3 The Petitioner seeks to sever a group of photoengravers and apprentices from the cur-
rent contract unit The Employer and the Intervenor oppose the requested unit and con-
tend that only a plantwide unit is appropriate . The Employer is engaged in the manu-
facture of paper cartons and containers , and maintains a photoengraving department ill
the basement of its plant . There are about 14 employees in this department engaged in
making plates for imprint on paper cartons. The department is composed of several camera
operators , etcheis, routers, printers , finishers , color separators , and three apprentices. Ex-
cept for the temporary assignment of photoengravers to a production department when work
is slack , there is no interchange between the photoengravers and the other employees in
the plant Although the Employer does not maintain a formal apprenticeship program, it
takes about 6 years for a new employee to acquire the necessary skills and techniques inci-
dent to the photoengraving process, and to reach the top wage in the department. The
Board has held that employees similar to those involved herein constitute a craft group
appropriate for severance purposes , Waldorf Paper Products Co , 100 NLRB 618. More-
over , the union requesting severance historically and traditionally represents this craft.
Accordingly , we find that the photoengravers and apprentices may constitute a separate
unit, if they so desire American Potash & Chemical Corporation, 107 NLRB 1418.
As the working foreman within this department has no authority effectively to recom-
mend changes in the status of employees , and otherwise exercises no supervisory authority
within the meaning of the Act, he is included in the unit.
Santa Clara Lemon Association and United Fresh Fruit & Vege-
table Workers Union , LIU #78, CIO. Cases Nos. 21-CA-1851,
21-CA-1907, and 21-CA-1908. A peril 13,1955
DECISION AND ORDER
On November 19, 1954, Trial Examiner Wallace E. Royster issued
his Intermediate Report in the above-entitled proceeding, finding that
112 NLRB No. 17.