74 N.L.R.B. 345 (N.L.R.B. 1947)

Shaw Print Inc.

National Labor Relations Board - Board DecisionsJun 23, 1947

74 N.L.R.B. 345 (N.L.R.B. 1947)

In the Matter Of SHAW PRINT INCORPORATED, EMPLOYER and INTER- NATIONAL BROTHERHOOD OF PULP, SULPHITE & PAPER MILL WORKERS, AFL, PETITIONER Case No. 1-RD606.Decided June 23, 1947 Mr. Samuel Al. Salmy, of Fitchburg, Mass., for the Employer. Mr. Abraham Frank, of counsel to the Board. DECISION AND ORDER Upon a petition duly filed the National Labor Relations Board on March 18, 1947, conducted a prehearing election among employees of the Employer in the alleged appropriate unit, to determine whether or not they desired to be represented by the Petitioner for the purposes of collective bargaining. At the close of the election a Tally of Ballots was furnished the parties. The Tally shows that of the approximately 39 eligible voters, 32 cast valid ballots, of which 15 were for the Petitioner, 17 were against, and 5 were challenged. Thereafter, an appropriate hearing was held at Lowell, Massachu- setts, on May 6, 1947, before Thomas H. Ramsey, hearing officer.' Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Shaw Print Incorporated, a Massachusetts corporation, is engaged in commercial printing and in manufacturing paper boxes. Its prin- cipal office and only plant are located in Lowell, Massachusetts. The Employer purchases raw materials valued annually in excess of $200,- 000, of which approximately 50 percent is received from sources out- side the Commonwealth of Massachusetts. It manufactures finished products valued annually in excess of $500,000, of which approximately ' Petitioner was served with Notice of Hearing , but did not appear. 74 N. L. R. B., No. 57. 345 346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 40 percent is shipped to points outside the Commonwealth of Massa- chusetts. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE DETERMINATION OF REPRESENTATIVES At the election, the Employer and an agent of the Board challenged the votes of 5 voters 2 on the ground that their names did not appear on the eligibility list signed by the parties. The record shows that the 5 challenged employees had been discharged by the Employer in Feb- ruary 1947, during a general lay-off in which the personnel of the paper box department was reduced from 65 to 30 as the result of a business recession. In view of the Employer's policy of hiring new employees through employment agencies rather than recalling those previously discharged, there is little probability of the reemployment of the 5 dis- charged employees in the near future, Accordingly, the 5 challenges are hereby sustained.3 Inasmuch as a majority of the valid votes were cast against the Petitioner, we shall dismiss the petition herein. ORDER IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives of employees of Shaw Print Incorporated, of Lowell, Massachusetts, filed by International Brotherhood of Pulp, Sulphite & Paper Mill Workers, AFL, be, and it hereby is, dismissed. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Order. 2 Yvonne Dusablon , Marita Brooks , Joseph Lopes . Melvin Paquette , and Dorothy Cortez. 8 See Matter of Robert H. Galdbaum , Mttchell M. Seagal, Sidney Seagal and James H. Edelstein, d/b/a Russell Heel Co., 72 N. L. R. B. 844.