Pacific Press, Inc.

National Labor Relations Board - Board Decisions

Oct 16, 1945

64 N.L.R.B. 270 (N.L.R.B. 1945)

In,the Matter of PACIFIC PRESS, •INC.'and, Los ANGELES STEREOTYPER&
UNION #58,, AFL.-,
In the Matter` of PACIFIC PRESS, INC. and LOS' ANGELES MAILERS
UNION, #9, AFL
Cases Nos. 21-R-?^'and 21-'R48,25, respectively.-
16,''1945 `
O'Melveny & Myers, ,by Mr. Deane 'F. Johnson, of Los Angeles;
,Calif., for the Company-,, . • .
Messrs. Robert W.-Gilbert and Sidney Zagri, of Los Angeles, Calif.,
for the Unions. . ,
Miss Ruth E. Bliefield, of .counsel to the Board.
DECISION
• 'AND,
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions, duly filed by Los Angeles Stereotypers
Union #58, AFL, herein called the Stereotype's, and Los Angeles
Mailers Union #9, AFL, herein called the Mailers, collectively referred
to,herein as the Unions, alleging that questions affecting commerce
had arisen concerning the representation of employees of Pacific
Press, Inc., Los Angeles, California, herein called the Company,
the National Labor Relations,Board provided for an appropriate
consolidated hearing upon due notice before Charles M. Ryan, Trial
Examiner. The hearing in these two cases was held at Los Angeles,
'California, on July 6 and,7, 1945.' The Company and the Unions
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
1 Petitions filed by International Printing Pressmen and Assistants Union of North
America, AFL (Case No 21-R-2823), International Photo Engravers Union of' North
America, Local 32, A. F. L. (Case No 21-R-2826 ), and Amalgamated Lithographers of
America, Local 22, A. F L (Case No. 21-R-2947 ), were also consolidated with the above
cases, and the hearing was actually held in all five cases . On September 19, 1945, however,
the Board issued an Order severing Cases Nos . 21-R-2824 and 21-R-2825 from Cases Nos.
21-R-2823, 21-R-2826, and 21-R-2947, and granting oral argument in the latter three
cases.
64 N. L. R. B., No. 47.
270
1
PACIFIC PRESS; INC. - • ^ \ b 27-1
the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded, opportunity to file briefs with the Board.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY' -
Pacific Press, Inc.,, a California corporation, is engaged at its
plant, in Los Angeles, California, in commercial printing, lithography,
photo-engraving, and distribution, and has been so engaged since
January 1, 1945. The Company also prints maps, manuals, and
other documents for the United States Army and Navy, and prints
the Pacific Coast edition of Time magazine. During January and
February 1945, the Company purchased paper and ink amounting in
value to approximately $120,000, about 50 percent of which was ob-
tained from sources, located outside the 'State of California. During
the same period the total sales of the Company were valued in excess
of $300,000, approximately $21,000 of which were sales of products
that were shipped by the Company to points outside the State. .
We find that the; Company is engaged in commerce within the-mea_n-
'ing of the National Labor Relations Act. '
II. TIIE ORGANIZATIONS INVOLVED
Los, Angeles Stereotypers Union #58, and Los Angeles Mailers
Union #9, both affiliated with the American Federation of Labor,
,are labor organizations admitting to membership, employees of the
Company.,
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Unions as
the-exclusive bargaining-representatives of the employees in the units
alleged by each ;to •be, appropriate until each has been certified by the
Board. in an appropriate unit.
A statement of-a Board agent, introduced into evidence at the hear-
ing, indicates that. the Unions represent substantial numbers of em-
ployees in the units hereinafter found appropriate.2
We find that questions affecting commerce have 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.
2 The Field ' Examiner reported that the Stereoty pers 'submitted four authdrization cards ;
that the names of four , persons appearing on the cards were listed on the Company's pay
roll of May 5, 1945 ; which contained the names of'four 'employees in the appropriate unit;
and that `the cards were dated March 1945 . - ; I `) • -
He further reported that the Mailers submitted 17 authorization cards '; that -the names
of 15 persons appearing on the cards were contained in the aforesaid pay roll which listed
the names of 25 employees in the appropriate unit ; and that of these cards , 7 were dated
January 1945 , and 8 were dated February 1945.,
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272 a DECISIONS OF NATIONAL -LABOR -RELATIONS BOARD
IV. THE APPROPRIATE UNITS • ` ' '
Case No. 21-R4824 '
The Company takes no position with respect to the unit alleged
,by the Stereotypers to be appropriate.'' The unit requested includes
all employees of the Company engaged in related occupations within
the Stereotyping Department.
We find', -therefore, in accordance with the unopposed request of
the'Stereotypers and upon the entire record, that- all employees of the
'Stereotyping Department of the Company; excluding all supervisory
'empl'oyees above the rank of foreman,3 constitute a' unit appropriate
for the purposes of collective bargaining ",ith in the meaning of
;Section 9 (b) of the Act.
Case No. 21-R-2825
We find, in accordance with the agreement of, the *parties aid upon
the entire record, that all employees ,of the Mailing Room of the
Company,, excluding all supervisory employees above the rank of
foreman,5 constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that•the questions concerning representation which
have arisen be resolved by separate elections by secret 'ballot among
the employees in the appropriate units who were employed during the
pay-roll period immediately preceding the date of the Direction
,of Elections herein, subject to the limitations and additions set forth
in the Direction.
DIRECTION OF ELECTIONS
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 Rela-
tions 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 Pacific Press,
3 It appears , that the foreman is the type of supervisory employee we have customarily
included in units , comprised of non-supervisory employees in the printing trades. See
Matter of John Dickinson Schneider , 59 N. L. R. B 1133.
The parties agree that this covers all employees in both mailing rooms of the Company,
including employees engaged in tying, wrapping , and bundling , and operating Dick
machines.
a It also appears . that this foreman is the type of supervisory employee we have cus-
tomarily included in units comprised of non -supervisory employees in the printing trades.
See Matter of John Dickinson Schneider,, 59 N. L. R. B. 1133.
PACIFIC PRESS, INC. 273
Inc., Los Angeles , California , elections by secret ballot shall be
conducted as early as possible , but not later than thirty (30) days
from the date of this Direction , under the direction and supervision
of the Regional Director for, the Twenty-first Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees of Adcraft Incorporated who come within the
groups listed below 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 elections: -
(1) )All employees in the unit found appropriate in Section IV,
above, in Case No. 21-R-2824, to determine whether or not they desire
to be represented by Los Angeles Stereotypers Union #58, AFL,
for the purposes of collective bargaining; and
(2=) _ All employees in the unit found appropriate in Section IV,
above, in Case No . 2f-R-2825, to determine whether or not they de-
sire to be represented by Los Angeles Mailers Union #9, AFL, for
the purposes of collective bargaining. -
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