Pervel Industries, Inc.

National Labor Relations Board - Board Decisions

Apr 13, 1967

163 N.L.R.B. 1037 (N.L.R.B. 1967)

PERVEL INDUSTRIES, INC.
coercing its employees in the exercise of their rights to
self-organization, to form labor organizations, to join or
assist Boot and Shoe Workers' Union, AFL-CIO, or any
other labor organization, to bargain collectively through
representatives of their own choosing, and to engage in
any other concerted activities for the purpose of collective
bargaining or other mutual aid or protection or to refrain
from any or all such activities.
2. Take the following affirmative action which is
necessary to effectuate the policies of the Act:
(a) Offer Glenn Burk immediate and full reinstatement
to his former or a substantially equivalent position without
prejudice, to his seniority or other rights and privileges
previously enjoyed and make him whole for any loss he
may have suffered by reason of the discrimination against
him in the manner set forth in the section of the above
decision entitled "The Remedy."
(b) Notify the above-named employee if presently
serving in the Armed Forces of the United States of his
right to full reinstatement upon application in accordance
with the Selective Service Act and the Universal Military
Training and Service Act, as amended, after discharge
from the Armed Forces.
(c) Preserve and, upon request, make available to the
Board or its agents, for examination and copying, all
payroll records, social security payment records,
timecards, personnel records and reports, and all other
records necessary to analyze the amount of backpay due
under the terms of this Recommended Order.
(d) Post at its Chapel Hill, Tennessee, place of
business, copies of the attached notice marked
"Appendix. `23 Copies of said notice, to be furnished by
the Regional Director for Region 26, shall, after being duly
signed by the Respondent's representative, be posted by it
immediately upon receipt thereof, and be maintained by it
for 60 consecutive days thereafter, in conspicuous places,
including all places where notices to employees are
customarily posted. Reasonable steps shall be taken by
the Respondent to insure that said notices are not altered,
defaced, or covered by any other material.
(e) Notify said Regional Director, in writing, within 20
days from the receipt of this Decision, what steps
Respondent has taken to comply herewith.24
21 In the event that this Recommended Order is adopted by the
Board, the words "a Decision and Order" shall be substituted for
the words "the Recommended Order of a Trial Examiner" in the
notice. In the further event that the Board's Order is enforced by
a decree of a United States Court of Appeals, the words "a Decree
of the United States Court of Appeals Enforcing an Order" shall
be substituted for the words "a Decision and Order."
24 In the event that this Recommended Order is adopted by the
Board, this provision shall be modified to read: "Notify the
Regional Director, in writing, within 10 days from the date of this
Order, what steps Respondent has taken to comply herewith."
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to the Recommended Order of a Trial
Examiner of the National Labor Relations Board, and in
order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify our
employees that:
WE WILL offer to Glenn Burk reinstatement to his
1037
former or a substantially equivalent position, without
prejudice to his seniority or other rights and
privileges, and we will make him whole for any loss he
may have suffered as a result of his discharge.
WE WILL NOT discourage membership in Boot and
Shoe Workers' Union, AFL-CIO, or any other labor
organization by discriminatorily discharging and
refusing to reinstate any of our employees or by
discriminating in any other, manner in regard to their
hire or tenure of employment, or any term or
condition of employment.
WE WILL NOT in any other manner, interfere with,
restrain, or coerce our employees in the exercise of
their rights to self-organization, to form labor
organizations, to join or assist Boot and Shoe
Workers' Union, AFL-CIO, or any other labor
organization, to bargain collectively through
representatives of their own choosing, and to engage
in other concerted activities for the purpose of
collective bargaining or other mutual aid or
protection, or to refrain from any and all such
activities.
CUMBERLAND SHOE
CORPORATION
(Employer)
Dated By
(Representative) (Title)
Note: We will notify the above-named employee if
presently serving in the Armed Forces of the United States
of his right to full reinstatement upon application in
accordance with the Selective Service Act and the
Universal Military Training and Service Act, as amended,
after discharge from the Armed Forces.
This notice must remain posted for 60 consecutive days
from the date of posting, and must not be altered, defaced,
or covered by any other material.
If employees have any question concerning this notice
or compliance with its provisions, they may communicate
directly with the Board's Regional Office, 746 Federal
Office Building, 167 North Main Street, Memphis,
Tennessee 38103, Telephone 534-3161.
I
Pervel Industries, Inc. and Machine Printers
and Engravers Association of the United
States, Petitioner . Case 1-RC-9216.
April 13,1967
DECISION AND ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS JENKINS
AND ZAGORIA
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a
hearing was held before Hearing Officer Francis V.
Paone of the National Labor Relations Board. The
Hearing Officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
The Employer, the Petitioner, and the Intervenor,
General Teamsters Local Union No. 493,
International Brotherhood of Teamsters,
163 NLRB No. 140
1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Chauffeurs, Warehousemen and Helpers of
America, filed briefs.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
Upon the entire record in this case, the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act.
2. The labor organizations' involved claimed to
represent certain employees of the Employer.
3. No question affecting commerce exists
concerning the representation of employees of the
Employer within the meaning of Section 9(c)(1) and
Section 2(6) and (7) of the Act, for the following
reasons:
The Employer is engaged in the manufacture and
processing of textile and vinyl fabrics at its main
plant at Plainfield, Connecticut, and at a small plant
at Norwich, Connecticut. The Petitioner requests an
election in a craft unit of all senior printers and
printers assistants in the printing department at the
Plainfield plant, excluding all other employees,
watchmen, guards, and supervisors as defined in the
Act. The Employer and the Intervenor, which
currently represents the production and
maintenance employees at both of the Employer's
plants, including the employees petitioned for,
pursuant to a Connecticut State Board of Labor
Relations certification dated June 2, 1966, moved to
dismiss the petition on the ground, inter alia, that
the requested unit is not appropriate.'-'
The Plainfield operations are located in one main
building and a complex of outer buildings connected
by passageways. There are 770 employees and two
basic operations at Plainfield. One is the
manufacturer of flexible vinyls and coated fabrics;
the other, the textile printing operation, is
considerably smaller than the vinyl operation. The
plant operates on a 3-shift, 24-hour basis. All
employees use the same entrance, parking area,
timeclocks, restrooms, and vending machines, and
are subject to the same personnel administration. All
employees are hourly rated, and receive the same
benefits, such as insurance, holidays, vacations, and
pensions. The Norwich plant, which has 30
employees, conducts a flocking operation of the
basic material produced at Plainfield.' There is no
bargaining history except as described herein.4
The Plainfield printing department is located on
the first floor of the main manufacturing plant.
There are 160 to 175 employees in the printing
department. Of these, 90 to 95 are in the printshop
which includes the 28 senior printers and printers
assistants whom the Petitioner seeks to represent.
The other printshop employees are the supply men
who bring the material to the printing presses and
take it away; the reeler operators and reeler helpers
who assist the printers in checking the cloth as it is
being printed and help them clean and prepare the
machines for the next run; the specialists who
prepare and service doctor blades for the printing
presses; and the ink men who supply ink to the
presses. The 70 to 80 other printing department
employees are engaged in rewinding textiles and
preparing them for printing, inspection, and quality
control. The printing department, including the
printshop, is under the supervision of five printing
department foremen. Three are on the day shift; one
a so-called special technician or troubleshooter, one
responsible for the operations of the printing
machines, and one in charge of fabric supply and
inspection. The other two foremen are in charge of
the printing department on the second and third
shifts. These five foremen report to the supervisor in
charge of the textile print operation, who in turn
reports to the assistant plant manager.
The 28 printers operate six rotogravure printing
machines, of which four were designed and built by
the Employer. The other two were purchased and
modified by adding material handling equipment
and drying and curing equipment of a special nature
designed and manufactured by the Employer. The
printers also run the vinyl coating machine which is
located in the same department as the textile print
operation.
The printer is responsible for the operation of the
machine and the quality of printing; he is located at
the front of the machine. He also is responsible for
setting the machine properly before the printing
operation begins. In preparing the machine for the
printing run, the printer works as part of a team with
other employees in the printshop. Thus, the reeler
operator works on the end of the print machine
where the cloth is wound up, and assists the printer.
The specialist, or doctor blade man, who works in a
separate room, sets, repairs, adjusts, and hones the
doctor blades for the presses. Printers also work
with other printshop employees to clean the
machines, clean the rolls, remove the rolls from the
machine, remove the doctor blades, install the rolls
with the new patterns, install the doctor blades, put
' The Intervenor refused to stipulate that the Petitioner is a
labor organization However, the record shows that the Petitioner
is an organization existing for the purpose of representing
employees of various employers concerning wages, hours, and
conditions of employment , and that it has contractual relations
with a large number of employers Accordingly, we find that the
Petitioner is a labor organization within the meaning of Section
2(5) of the Act Motor Transport Labor Relations , Inc , 139 NLRB
70
2 In view of our decision, we find it unnecessary to rule on the
other grounds relied upon by the Employer and the Intervenor in
support of their motions to dismiss the petition
3 Although printers have been employed at the Norwich plant
in the past (see Plastic Film Company, inc , 123 NLRB 1635),
there is no indication in the record herein that any printers are
employed there at the present time
" Drivers have been represented by the Intervenor for
approximately 20 years
ILWU
the ink on the rolls, and thereby make the press
ready for the next run.
The printshop operations are coordinated with
those of the beaming and rewinding employees, who
are also in the printing department. These
employees beam (or wind) the cloth on a cylinder,
rewind it if necessary, frame or stretch it, and
inspect it so that it will be in the proper condition for
printing. The printers also come in contact with
engineering and maintenance department
employees who perform maintenance on the
presses.
None of the printers involved was hired as a
journeyman printer, and none has ever served an
apprenticeship. The Employer has no
apprenticeship or training program, and no previous
training or experience is required of these printers.
The printers were promoted on the basis of
departmental seniority and qualifications (such as
ability to read, write, and do arithmetic, a good color
eye, and leadership potential), from printshop reeler
helpers, reeler operators, press supply men, and
press helpers, after varying periods-some less than
1 year-in one or more of those classifications.
The evidence also establishes that there is some
overlap in the job duties of the printers and those of
other members of the printshop crew, as well as
those of other employees in the plant. For example,
reeler operators have filled in for printers during
absences or break periods; printers have filled in for
absent employees of other departments; and 18
employees have worked as printers and now work
elsewhere in the plant or in the printing department
on other than printers' jobs. Such employees
substitute for printers who are absent due to illness
and on other occasions. Other employees who have
been printers are now reeler operators or reeler
helpers, and have also been called upon to fill in for
absent printers.
The Board, upon occasion, has found textile
machine printers to constitute appropriate craft
units.5 However, as stated in E. I. Dupont de
Nemours and Company, 6 "the Board will, in all
cases, regardless of industry, determine the
appropriateness of the craft unit sought in the light
of all factors present in the case." Moreover, in
Mallinckrodt Chemical Works, Uranium Division,7
the Board expressed its dissatisfaction with the
"loose definition of a true craft" applied in prior
decisions. Consistent with these principles, we have
examined all the relevant factors in the instant case,
and have determined that they fail to support a
finding that these printers constitute a skilled craft
group.'
Thus, the Employer has no apprenticeship or
training program, none of the printers has served an
apprenticeship, none was hired as a journeyman
printer, and there is no regular progression to the
printer classifications; printers work as part of a
team with other employees, with whom their duties
1039
overlap, and who are not requested by the
Petitioner; and printers are interchanged and
transferred elsewhere in the plant. In view of these
factors, we find that the senior printers and printers
assistants do not constitute an appropriate craft
unit.9 Nor are these employees shown, on any other
basis, to have interests and functions sufficiently
different from those of other employees of the
Employer to constitute a separate unit appropriate
for collective bargaining. Since the Petitioner has
neither requested, nor made an adequate showing of
interest in, any other appropriate unit, we shall
dismiss the petition.
ORDER
It is hereby ordered that the petition filed herein
be, and it hereby is, dismissed.
5 Plastic Film Company, Inc., supra, Southern Bleachery &
Print Works, 115 NLRB 787; Santee Print Works, 111 NLRB
1362; Riegel Textile Corp , 87 NLRB 637; American Finishing
Co, 86 NLRB 412, The Celanese Corporation of America, 72
NLRB 1194
6 E I Dupont de Nemours and Company (May Plant , Camden,
South Carolina), 162 NLRB 413, see second par , sec entitled
"Unit Finding "
7162 NLRB 387, fn 14
, On November 24, 1965 , a consent election was conducted in
the same unit as requested herein (Case 1-RC-8578) However, as
the unit in that proceeding was established pursuant to an
agreement of the parties , and as the election therein did not result
in the selection of a bargaining representative , it is not binding on
the Board Plastic Film Company, Inc, supra at 1638 , Humble Oil
and Refining Co, 115 NLRB 1485, 1487.
9 Cf E I Dupont de Nemours and Company, etc., supra,
Holmberg, Inc., 162 NLRB 407
International Longshoremen's and
Warehousemen's Union and Local 4,
International Longshoremen's and
Warehousemen's Union and Aluminum
Company of America. Case 36-CD-37.
April 13,1967
DECISION AND ORDER
BY MEMBERS FANNING, JENKINS, AND ZAGORIA
On January 3, 1967, Trial Examiner David F.
Doyle issued his Decision in the above-entitled
proceeding, finding that the Respondents had
engaged in and were engaging in certain unfair labor
practices and recommending that they cease and
desist therefrom and take certain affirmative action,
as set forth in the attached Trial Examiner's
Decision. Thereafter, the Respondents filed
exceptions to the Trial Examiner's Decision and a
supporting brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
163 NLRB No. 142