Rudolf Orthwine Corp.

National Labor Relations Board - Board Decisions

Feb 6, 1945

60 N.L.R.B. 447 (N.L.R.B. 1945)

in the Matter Of RUDOLF ORTHWINE CORPORATION and NEW YORK
TYPOGRAPHICAL UNION No. 6, A. F. L. and NEW YORK PRINTING
PRESSMEN'S UNION No. 51, A. F. L. and NEW YORK PRESS ASSISTANTS',
UNION No. 23, A. F. L.
Case No. 2-R-,5129.-Decided February 6, 1945
Landau and Friedman, by Mr. Myron P. Gordon, of New York City,
for the Company.
Mr. Samuel H. Jacobs, of New York City, for the ITU.
Mr. William Johnson, of New York City, for the Pressmen.
Mr. Charles A. McNally, of New York City, for the Assistants.
Mr. Erwin A. Peterson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition jointly filed by New York Typographical Union
No. 6, A. F. L., herein called ITU, New York Printing Pressmen's
Union, No. 51, A. F. L., herein called Pressmen, and New York Press
Assistants' Union No. 23, A. F. L., herein called the Assistants, all
affiliated with the American Federation of Labor, and jointly referred
to herein as the Unions, alleging that a question affecting commerce
had arisen concerning the representation of employees of Rudolf Orth-
wine Corporation, New York City, herein called the Company, the
N ational Labor Relations Board provided for an appropriate hearing
upon due notice before Richard J. Hickey, Trial Examiner. Said
hearing was held at New York City, on December 27, 1944. The Com-
l:any 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 the hearing are free from prejudicial
error, and are herby affirmed. All parties were afforded an oppor-
tunity to file briefs with the Board. At the hearing the Company
moved to dismiss the petition herein. This motion was referred to
the Board. For reasons hereinafter appearing, the motion is denied.
60 N. L R. B., No. 86.
447
448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF TILE COMPANY
Rudolf Orthwine Corporation, a New York corporation, with its
principal office and place of business at New York City, is engaged in
commercial printing and binding. During the fiscal year which ended
November 30, 1944, the Company purchased in excess of $50,000 worth
of raw materials, of which approximately 80 percent was shipped- to
the plant from points outside the State of New York. During the
same period the Company's sales exceeded $250;000, of which approxi-
mately 50 percent was sold and transported to purchasers outside the
State of New York.
The Company admits that it is engaged in commerce'within• the
meaning of the National Labor Relations Act.
II. TILE ORGANIZATIONS INVOLVED
New-York Typographical Union No. 6 , affiliated with International
Typographical Union of North America, New Yolk Printing Press-
men's Union No. 51-,. affiliated with International Printing Pressmen's
and Assistants ' Union of North America , and New York Press As
sistants ' Union No. 23 , affiliated with International Printing Press-
men's, and Assistants ' Union of North America, all affiliated with the
American Federation of Labor; are labor organizations admitting to
membership employees of the Company.
Cr
"T
III. THE QUESTIONS CONCERNING REPRESENTATION
By letter dated September 26, 1944, the Unions requested recog-
nition from the Company as the exclusive bargaining representative
of its employees in the,composing room and pressroom. The Company
declined to recognize the Unions unless and until they are certified
by the Board.
A statement of the Field Examiner for the Board introduced into
evidence at the hearing, indicates that each petitioner represents a
substantial number of employees within its jurisdiction in the alleged
appropriate unit .1 -
' The Field Examiner reports that the ITU submitted 12 authorization cards, and the
names of all persons appearing on the cards were listed on a Company pay roll which con-
tained, the names of 22 employees in the composing room ; and that 9 of the cards, were
dated in August , and 1 in September 1944, and 2 were undated . The Field Examiner also
reported that the Pressmen submitted 6 applications and authorization cards, and that the
names of 5 persons appearing on the cards were listed on a Company pay roll which con-
tained the names of 10 pressmen , and that all of the cards were dated in August 1944, and
that the Assistants submitted 6 applications and authorization cards, and that the names
of all persons appearing on the cards were listed on a Company pay roll , which contained
the names of 13 press assistants and that 5 of the cards were dated in August, and 1 in
September 1944. 1
RUDOLF ORTHWINE CORPORATION 449
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.
IV. THE APPROPRIATE UNITS
The Unions contend that all employees in the composing room and
pressroom, including working foremen, but excluding non-working
supervisors and all other employees, constitute an appropriate unit
for the purposes of collective bargaining.
The Company moved to dismiss the petition on the ground that the
unit petitioned for is inappropriate. The Company's position is that
a single plant-wide unit consisting of all employees, excluding non-
working supervisors, the chauffeur ,2 and office and clerical employees
is appropriate. In support of its contention the Company points out
that all its employees work on one floor, working conditions are sub-
stantially the same for all employees, and the Company's operations
are a continuous process from the composing room through the press-
room, to the binding department and into the shipping department.
The Company also contends that the petition should be dismissed
on the ground that the Board is without power to certify three unions
as a single collective bargaining representative, fearing that if the
Board directed a single election in the unit petitioned for it might
result in the employees in one of the craft groups being forced, against
the will of the majority of them, into a bargaining unit which they do
not desire and to be represented by a union not of their own choosing.
We do not agree that several unions may not be jointly certified, but
we construe the latter contention of the Company as an alternative to.
its motion to dismiss and as a request to conduct separate elections in
each, of the craft groups comprising the unit petitioned for.
The Company's operations are divided into a pressroom, a compos-
ing room, a binding department, and a shipping department which are
all located on one floor. There is a partition which separates the com-
posing room from the pressroom and partially separates the pressroom
from the binding department. There is no interchange of employees
in the various departments of the Company other than on occasions
when the pressmen are required to do the work of the unskilled female
binding employees, necessitated by a rush job, or when the pressmen
volunteer to work overtime in the binding department. The wages
and working conditions are substantially the same for all employees.
It is true that all the production employees of the Company could very
well- function as a single unit. However, there is no bargaining history
on a plant-wide basis nor does any labor organization claim to repre-
sent employees on the basis of the, larger unit proposed by the Com-
2 The chauffeur is also referred to in the record as a truck driver.-
628563-45-vol 60-30
450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany. Therefore, since the units hereinafter found appropriate com-
prise well-defined craft groups, we reject the Company's contention
and deny its motion to dismiss the petition.
The ITU admits to membership only skilled compositors, composi-
tor apprentices, proofreaders, linotype operators, stonehands and
working foremen in the composing room. The Pressmen admits to
membership only skilled pressmen and working foremen in the press-
room. The Assistants confines its membership to skilled press assist-
ants, press helpers, and press feeders.
We are not satisfied that the unit sought by the Unions is appropri-
ate. We have in a number of cases, however, found appropriate units
consisting of all employees in the composing rooms 3 of printing and
publishing companies. We have also in a number of cases found appro-
priate a unit composed of all employees in the pressrooms 3 or printing
establishments.
- We are of the opinion that the employees in the composing room and
those in the pressroom respectively constitute separate units which fol-
low well-established craft lines in the printing industry.
We find that the following constitute units appropriate for the
purposes of collective bargaining within the meaning of Section 9
(b) of the Act:
(1) All compositors, compositor apprentices, proofreaders, lino-
type operators, stonehands, and working foremen 8 in the composing
room ;
(2) All pressmen, press assistants, press helpers, press feeders, and
working foremen in the pressroom.
V. THE DETERMINATION OF REPRESENTATIVES
The Company employs four part-time employees in the composing
room, a proofreader, and three compositor apprentices. The ITU
contends that they are ineligible to participate in the election and the
Company contends that they are eligible. The part-time proof reader
works an average of 30 hours per week. The three part-time com-
positor apprentices work an average of 20 hours a week. All four,
receive an hourly rate of pay comparable to other employees doing
the same work. They are engaged in the same work as the full-time
employees and are subject to the same working conditions. They
3 Matter of Daily Gazette Co ' 58 N L R B 193; Matter of H. L. Ruggles & Company,
58 N. L . R. B. 308; Matter of Shore Line Press, 58 N . L. R. B. 1383; Matter of Service
Printers, Inc., 54 N. L. it. B. 161.
4 Matter of H. L Ruggles & Company, 58 N. L. it. B . 308; Matter of Court Square Press,
Inc., 44 N. L it . B. 702; Matter of R. It. Donnelly if Sons Company, 59 N. L . it. B. 122;
and Matter of A S. Abell ,Company, 27 N. L . R B. 776.
This Is In accordance with the agreement of the parties and the-custom of including
working foremen in the printing trade. Matter of W. F. Hall Printing Company, 51 N. L.
It. B. 640; Matter of Chicago Rotoprint Company , 45 N. L . It. B. 1263.
RUDOLF ORTHWINE CORPORATION 451
therefore have substantial interests in common with the rest of the
employees and accordingly are eligible to participate in the election.
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tions herein,, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTIONS
By virtue of - and pursuant to the powers vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation -to ascertain represent-
atives for the purposes of collective bargaining with Rudolf Orth-
wine Corporation, New York City, 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 Second 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, and to
the determination in Section V, above, among the employees in the
units found appropriate in Section IV, above, 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 any\who
have since quit or been discharged for cause, and have not been rehired
or reinstated prior to the date of the elections; (a) to determine
whether or not the employees described in group (1) of Section IV
desire to be represented by New York Typographical Union No. 6,
A. F. L., for the purposes of collective bargining; (b) to determine
whether or not the employees described in group (2) of Section IV
desire to be represented by New York Printing Pressmen's Union
No. 51 and New York Press Assistants' Union No. 23, A. F. L., jointly,
for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Elections. -
6 The Unions requested that eligibility be determined as of August 18 , 1944. The Com-
pany requests that we use our regular procedure to determine eligibility . No substantial
reason appears , however, for departing from our customary eligibility date.