Simplicity Pattern Co., Inc.

National Labor Relations Board - Board Decisions

Jul 23, 1947

74 N.L.R.B. 591 (N.L.R.B. 1947)

In the Matter of SIMPLICITY PATTERN COMPANY, INC., EMPLOYER and
INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT LODGE No.
103, PETITIONER
Case No. 7-R-20,540.-Decided July 23,1947
Burns and Hadsell, by Messrs. P. A. Hadsell and Howard J.
Mesereau, of Niles, Mich., for the Employer.
Mr. Carl Cedarquist, of Detroit, Mich., and Mr. V. C. Wright, of
Elkhart, Ind., for the Petitioner.
Mr. Harold Snyder, of Niles, Mich., for the Bookbinders.
Mr. Boyd L. Fink, of Niles, Mich., for the Pressmen.
Mr. B. L. Murphy, of Niles, Mich., for the Papermakers.
Mr. Stanley R. Strauss, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon an amended petition duly filed, hearing in this case was held
at Niles, Michigan, on May 8, 1947, before Harold A. Cranefield, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. TIIE BUSINESS OF THE EMPLOYER
Simplicity Pattern Company, Inc., a New York corporation with
its principal business offices in New York City, operates a plant at
Niles, Michigan, which is the only plant involved in this proceeding.
At its Niles plant, the Employer manufactures paper dress patterns
for women's and children's clothing, and prints and publishes cata-
logues, fashion forecasts, and other materials illustrating and describ-
ing the patterns manufactured.
During 1946, the Employer purchased raw materials for its Niles
plant, consisting principally of wood pulp and ink and valued at more
than $200,000, of which approximately 75 percent was obtained from
74 N. L R. B., No. 115. 591
755420-48-vol 74-39
592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
places outside Michigan. During the same period, the Employer sold
products valued at more than $200,000, of which approximately 75
percent was shipped to places outside Michigan.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization, claiming to represent em-
ployees of the Employer.
International Brotherhood of Bookbinders, Local Union No. 158,
herein called the Bookbinders, is a labor organization affiliated with
the American Federation of Labor, claiming to represent employees
of the Employer?
III. THEB QUESTION CONCERNING REPRESENTATION
Following an election held in April 1946, in which the Bookbinders
was designated as the bargaining representative of a residual unit of
prodrei loll and office employees at the Employer's Niles plant,' the
Employer and the Bookbinders negotiated a series of exclusive bar-
gaining contracts covering these employees. Included within the
scope of the contracts were the job classifications which are the subject
of this proceeding. The contract in effect during the year 1945-46
had a terminal date of July 31, 1946, and contained a provision for
automatic renewal from year to year thereafter unless notice of termi-
nation or desire to modify its provisions was given by either party
more than 30 clays prior to the terminal date. In June 1946, the Book-
binders requested, a modification of the contract, and thereafter, until
December 1946, the Employer and the Bookbinders engaged in negotia-
tions with respect to a new contract. The terms of the previous
contract were by oral agreement extended pending the execution of a
new contract. It was further orally agreed that new wage terms
would be given retroactive effect.
On Sunday, December 1, 1946, the Bookbinders orally communicated
their acceptance of all the Employer's proposals in regard to a new
contract to the Employer's plant manager, and on the next day con-
veyed the same information orally to the Employer's personnel direc-
' International Brotherhood of Papermakers, Local No. 466, A F of L, herein called
the Papermakers, and International Printing Pressmen's Union, Local 151, A. F of L.,
herein called the Pressmen, were served with notice of hearing and were represented at the
hearing herein. The Pressmen, at the commencement of the hearing, and the Papermakers,
after evidence was introduced, disclaimed further interest in the representation of the
employees involved in this proceeding.
2 See Matter of Simplicity Pattern Company, Inc., 23 N. L. It. B. 252.
SIMPLICITY PATTERN COMPANY, INC. 593
tor at the Employer's offices. On this day, December 2, however, the
Petitioner requested recognition, and thereafter, on December 9, 1946,
filed the original petition herein. The terms agreed upon by the
Employer and the Bookbinders with respect to the new agreement were
embodied in a contract which was executed on January 15, 1947, and,
which had an effective date of August 1, 1946.
The Employer and the Bookbinders contend that the Petitioner's%
claim was not timely, and plead in bar of the instant proceeding their
1945-46 contract, which they had extended pending the execution of a,
new contract.
In view of the well-established principle of the Board that a parole
agreement cannot preclude a determination of representatives, we find
that neither the oral extension agreement nor the oral understanding
of December 2, 1946, the terms of which were subsequently embodied
in the written agreement executed by the ,Employer and the Book-
binders on January 15, 1947, constitutes a bar to this proceeding.3
Nor is the contract which was executed on January 15, 1947, a bar
to the petition filed prior to its execution.4
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Petitioner seeks a unit of all machine department employees
at the Employer 's Niles plant, including machinists , millwrights,
maintenance welders , carpenters , and pipe fitters . The Bookbinders
contends that a separate unit for these employees is inappropriate
since they have in the past been represented as a part of a Board-
established production and maintenance unit. The Employer opposes
the establishment of a new unit at its plant on the ground that it is
already bargaining collectively with six labor organizations repre-
senting employees in various units at the plant.
As stated in Section I, above, the Employer at its Niles plant manu-
factures paper clothing patterns and prints and publishes catalogues
and other materials illustrating and describing the patterns. Self-
organization among the employees within the plant commenced before
1936, and the bargaining history subsequent to 1936, has been predomi-
nately along traditional craft lines within the printing trades. Thus,
employees in the pressroom , cutting room , composing room, and the
"Matter of Hollywood Brands , Inc., 70 N. L. R. B. 706; Matter of Eicor, Inc, 46
N. L. R B. 1035.
4 Matter of American Norit Company , Inc., 66 N. L. R B. 1308, and cases cited therein.
594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
photo engraving, and stereotype departments were organized and rep-
resented in four craft units by 1940.5
In 19403 in an earlier representation proceedings the Board found
appropriate a residual unit of all production and office employees in
the Niles plant who had not been accorded representation the craft
units indicated above. On the basis of an election held on March 11,
1940,' the Bookbinders was certified as the representative of employees
in this residual unit, and thereafter negotiated successive contracts
with the Employer on their behalf." With the exception of the estab-
lishment of an additional unit representing employees in a paper mill
subsequently added to the Niles plant,9 no changes have occurred since
1940, at the plant with respect to the organization and representation
of employees for collective bargaining purposes.
The job categories of machinist, carpenter, and pipe fitter, which are
3 of the categories which the Petitioner would include in its proposed
unit, fall within the residual unit found appropriate by the Board in
1940. In that year, the Employer's maintenance force consisted of 2
machinists, 3 carpenters, and 1 pipe fitter. In 1945, after the addition
of the paper mill to the Niles plant, the Employer began to increase
the number of its maintenance employees, and to establish and equip
a large machine shop. There are now approximately 36 maintenance
employees at the plant, consisting of 20 machinists, 11 millwrights, 3
carpenters, 1 maintenance welder, and 1 pipe fitterl° Some of these
employees are permanently assigned to the machine shop, and others,
who have roving assignments about the plant, construct and erect
machines and presses and perform maintenance and repair work. All
maintenance classifications herein involved are segregated by the Em-
ployer into a single department, known as the machine department,
headed by a maintenance superintendent. Two working foremen, 1
in immediate charge of all the machinists, and the other directing the
work of the millwright, carpenters, pipe fitter, and maintenance
5 The labor organizations which represent these employees and with which the Employer
presently has bargaining agreements are : Niles Typographical Union, No. 467; Niles
Photo Engravers Union, Local 89, I. P. E. U. of N. A.; International Stereotypers and
Electrotypers Union ; and the Pressmen herein, all affiliated with the American Federation
of Labor.
6 See Matter of Simplicity Pattern Company , Inc., 21 N. L R. B 499.
4 Matter of Simplicity Pattern Company, Inc., 23 N. L R B. 252.
8 In addition to Machine shop employees directly involved in this proceeding , employees
in the residual unit are concerned with paper cutting , bindery operations , envelope mak-
ing, pattern production , warehousing , shipping , receiving, and truck driving , and include
porters, foremen , watchmen , and janitors.
0In late 1944 , or early 1945, the Employer , having acquired the North American Pulp
and Paper Company of Cheboygan , Michigan , moved machinery and workers from Cheboy-
gan, and added a papermill to its Niles plant. The Papermakers represents employees work-
ing in the paper mill and in a boiler room which furnishes steam for the Niles plant.
10 The record is not clear as to the date when the job categories of millwright and main-
tenance welder first appeared on the Employer 's pay roll. Employees in such categories
are now considered within the residual unit and are represented by the Bookbinders.
SIMPLICITY PATTERN COMPANY, INC . 595
welder, complete the present complement of machine department
employees 11
We are of the opinion that employees in the Employer's machine
department constitute a well-defined homogeneous group of skilled
craftsmen, and that their establishment as a separate multi-craft unit
is feasible.12 The establishment of such a unit would conform to the
over-all pattern of the past bargaining history at the Employer's
plant, where organization developed a series of craft units. We do
not regard as determinative the fact that the classifications of car-
penter, machinist, and pipe fitter existed at the Employer's plant at
the time of the establishment of the residual unit in 1940, since no issue
was raised with respect to the unit placement of such categories at
that time,13 and since the organization and expansion of the machine
department into its present form is of recent origin. Under all the
circumstances, we find that employees in the machine department may
either constitute a separate unit or remain part of the residual unit
now represented by the Bookbinders. Accordingly, we will defer our
determination of the appropriate unit pending the results of the elec-
tion which we shall hereinafter direct.
The Petitioner would include in the proposed unit the two working
foremen, mentioned above. Despite the fact that the Bookbinders
has given representation to these foremen as part of the residual unit,
this organization contends that the working foremen are supervisory
employees and should therefore be excluded from the unit. The Em-
ployer takes no position in the matter. The evidence discloses that
the working foremen are vested by the Employer with authority to
make effective recommendations with respect to the discharge, the
disciplining, and the promotion of other maintenance employees. We
therefore find that the working foremen are supervisory employees
and, accordingly, we shall exclude them from the voting group.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the Employer's machine department, including machinists, mill-
wrights, carpenters, maintenance welders, and pipe fitters, but exclud-
ing working foremen and the maintenance superintendent.
In the event that the machine department employees select the
Petitioner as their collective bargaining representative, they will be
taken to have indicated a desire to constitute a separate appropriate
"A foreman in the envelope department , an operator in the color press division, and
operators of presses in the Webendorfer department occasionally do maintenance or repair
work on machines , but such work is wholly incidental to their regular assignments.
12 See Matter of Tobacco By-Products cC Chemical Corporation, 64 N. L. R. B. 252 ; and
Matter o f Electro Metallurgical Company, 56 N. L. R. B. 1464.
13 Matter of Simplicity Pattern Company , Inc., 21 N. L. R. B. 499.
596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
unit. If, however, they select the Bookbinders as their collective
bargaining representative, they will be taken to have indicated a
desire to remain part of the residual unit.
DIRECTION OF ELECTION 14
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Simplicity Pattern Company,
In., Niles, Michigan, an election 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 Seventh Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Sec-
tions 203.55 and 203.56, of National Labor Relations Board Rules
and Regulations-Series 4, among the employees in the voting group
described 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 em-
ployees in the armed 'forces of the United States who present them-
selves 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 election, to determine whether
they desire to be represented by International Association of Machin-
ists, District Lodge 103, or by International Brotherhood of Book-
binders, Local Union No. 158, A. F. of L., for the purposes of collective
bargaining, or by neither.
MR. J »rrs J. REYNOLDS, JR., took no part in the consideration of
the above Decision and Direction of Election.
14 Any participant in the election herein may, upon its prompt request to, and approval
thereof by, the Regional Director , have its name removed from the ballot.