Pacific Waxed Paper Co.Download PDFNational Labor Relations Board - Board DecisionsMar 30, 195088 N.L.R.B. 1534 (N.L.R.B. 1950) Copy Citation In the Matter Of PACIFIC WAXED PAPER COMPANY, EMPLOYER and LOCAL No. 65, SEATTLE STEREOTYPERS & ELECTROTYPERS UNION, AFL, PETITIONER Case No. 19-RC-4110.-Decided March 30, 1950 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before H. A. McIntyre, 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 Herzog and Members Reynolds and Styles]. 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 involved claim to represent certain em- 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 Petitioner seeks to represent a unit consisting of all em- ployees in the stereotype department 2 of the Employer's plant at Seattle, Washington, excluding supervisors. The Employer and the Intervenor contend that the unit sought is inappropriate for separate representation because these employees are not a craft group, the in- tegration of the Employer's operations precludes their severance, and because these employees have been part of a plant-wide unit repre- sented by the Intervenor since 1936.3 ' The motion of the Intervenor, Local No. 380, Printing Specialties and Paper Products Union, AFL , to dismiss the petition on the ground that the unit sought is inappropriate, is hereby denied for the reasons stated herein. 2 The petition specifically mentions only the stereotypers and rubber plate makers in the stereotype department . At the hearing , however, the Petitioner indicated a desire to represent all employees in this department. 3 All the Employer's production and maintenance employees except one , the photoengraver, are bargained for by the Intervenor. 88 NLRB No. 263. 1534 PACIFIC WAXED PAPER COMPAI\TY 1535 The Employer manufactures plain and printed waxed paper used for wrapping food products. Its plant consists of two single-story buildings, of which one is used as a warehouse. All the manufacturing operations are performed in the other building in several departments including the engraving, stereotype,4 printing, bag, waxing, slitting, finishing, shipping, and maintenance departments. There are six em- ployees in the stereotype department which is separately located in an enclosed area in a corner of the building. Essentially the duties of these employees consist of casting, molding, and repairing metal and rubber duplicate plates which are used on the printing presses to print the Employer's products. In addition they perform premake-ready and preregistering operations which consist of placing the finished plates on dummy cylinders and fixing them in proper alignment.' Thus when the plates are delivered to the printing department in this form the pressmen need only mount the cylinders on the presses before they are run. They also mount rubber plates on bag printing ma- chines in the bag department,' do some typesetting, melt down old plates,' and occasionally operate the proof press in the printing department." Stereotype department employees are classified as 1-year to 5-year men, and receive automatic yearly increases as they progress from one classification to another. Their wage rates, which are the same as those for the printing department press operators, are the highest in the plant. There is no formal apprentice program for these em- ployees, but the record indicates that 4 to 5 years' experience is required to be qualified for all the duties performed in the department. A separate working foreman supervises the stereotype department whereas all other departments are under a plant superintendent and general foreman. There is no regular interchange between employees of the stereotype department and those of other departments, although in slack periods they may be temporarily assigned to jobs in other departments for which they are qualified. Employees of other depart- ments have been permanently transferred to the stereotype depart- ment. Conditions of employment and employee benefits are generally the same for all employees. Seniority is plant-wide, but employees can displace others with less seniority only if they are qualified for the jobs. ' Also called the plate department. Although all stereotype department employees are capable of performing these opera- tions, they are generally performed by one employee who devotes his entire time to these duties. Occasionally employees from the printing department assist in these operations. ' This operation takes about 20 minutes each day. Printing department employees sometimes assist in this operation. Printing department employees also operate this machine. 1536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD . We have previously recognized stereotypers as a separate craft in the printing industry and found units of stereotype department em- ployees in printing establishments appropriate for separate representa- tion? The Employer and the Intervenor, nevertheless, contend that the proposed unit is inappropriate because the duties of the employees involved herein do not call for craft skills, and that in any event they do not constitute a pure craft as they perform various duties tradi- tionally performed by pressmen, including the premake-ready, pre- registering, proof press, and bag machine mounting operations. They also contend that, because it performs these functions the stereotype department is so highly integrated with the printing department as to preclude its separate representation. We do not agree. We are satis- fied from the record that the basic function of these employees is the casting and molding of duplicate plates and that their other duties are incidental to and do not detract from the craft character of this work. While the performance of these incidental duties may create a closer relationship between the stereotype and printing departments than that which prevails in other similar printing establishments where separate units of stereotypers exist," we do not believe that these departments are here so highly integrated as to prevent severance of the proposed unit. We find that the employees involved herein constitute a functionally distinct homogeneous craft group which may appropriately be represented in a separate unit notwithstanding the bargaining history in which they were part of a broader unit. How- ever, as the continued inclusion of these employees in the existing unit represented by the Intervenor may also be appropriate, we shall not make any final determination at this time of the appropriate unit, but shall first ascertain the desires of these employees in the election hereinafter directed. We shall direct that an election by secret ballot be held among all the employees in the stereotype department at the Employer's Seattle, Washington, plant, excluding the foreman and all other supervisors as defined in the Act. If, in this election, these employees select the Petitioner, they will be taken to have indicated a desire to constitute a separate bargaining unit. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by 0 The Standard Register Company, 73 NLRB 1221 ; Lloyd Hollister, Inc., 68 NLRB 733; Clarksburg Publishing Company, 59 NLRB 86. 10 The record shows that units of stereotype department employees exist in three of the four waxed paper plants on the west coast and in numerous printing establishments throughout the country. PACIFIC WAXED PAPER COMPANY 1537 secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, among the employees in the voting group found appropriate in paragraph numbered 4, above, who were employed during the payroll period immediately preceding the date of this Direction of Election, including employees who did not work during said payroll period because they were ill or on vacation or temporarily laid off, 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 election, and also exclud- ing employees on strike who are not entitled to reinstatement, to determine whether they desire to be represented, for purposes of col- lective bargaining, by Local No. 65, Seattle Stereotypers & Electro- typers Union, AFL, or by Local No. 380, Printing Specialties and Paper Products Union, AFL, or by neither. 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