Superior Engraving Co.

National Labor Relations Board - Board Decisions

Apr 29, 1946

67 N.L.R.B. 938 (N.L.R.B. 1946)

In the Matter of SUPERIOR ENGRAVING COMPANY and INDEPENDENT
PHOTO ENGRAVERS ASSOCIATION AND CHICAGO PHOTO ENGRAVERS
UNION No. 5, A. F. OF L.
In the Matter of SUPERIOR ENGRAVING COMPANY and INDEPENDENT
PHOTO ENGRAVERS ASSOCIATION
Cases Nos. 13-RE-38 and 13 RD948, respeotively.Decided A
29, 1946
Mr. Otto A. Jaburek, of Chicago, Ill., for the Company.
Mr. Joseph M. Jacobs, of Chicago, Ill., for the Photo Engravers.
Mr. Charles J. Tressler, of Chicago, Ill., for the Association.
Mr. Harry R. Ehrlich, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by Superior Engraving Company, herein
called the Company and Independent Photo Engravers Association,
herein called the Association, each alleging that a question affecting
commerce had arisen concerning the representation of employees of
Superior Engraving Company, Chicago, Illinois, the National Labor
Relations Board consolidated the cases and provided for an appro-
priate hearing upon due notice before Leon A. Rosell, Trial Examiner.
The hearing was held at Chicago, Illinois, on January 29 and Feb-
ruary 4, 5, and 6, 1946. The Company, the Association, and Chicago
Photo Engravers Union No. 5, of the International Photo Engravers
Union of North America, A. F. of L., herein called the Photo En-
gravers, 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. At the hearing the Photo
Engravers moved to dismiss the petitions on the ground that there
existed no question concerning representation. Ruling was reserved
for the Board. For the reasons set forth in Section III, infra, the
motion is hereby granted. The Trial Examiner's rulings made at the
67 N. L R . B., No. 113.
938
SUPERIOR ENGRAVING COMPANY 939
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Superior Engraving Company is an Illinois corporation with its
plant and offices located at Chicago, Illinois, where it is engaged in the
manufacture of engraving plates. During 1945, the Company pur-
chased raw materials valued in excess of $75,000, nearly all of which
was purchased in the State of Illinois, and 75 percent of such raw
materials originated from points outside the State of Illinois. During
the same period, the sales of the Company were in excess of $500,000,
approximately 50 percent of which was shipped by it to points outside
the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the, National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Independent Photo Engravers Association, unaffiliated, is a labor
organization, admitting to membership employees of the Company.
Chicago Photo Engravers Union, No. 5, of the International Photo
Engravers Union of North America, is a labor organization, affiliated
with the American Federation of Labor, admitting to membership em-
ployees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
On October 18, 1943, following a consent election, the Photo En-
gravers was certified by the Board as the bargaining representative of
the Company's employees in its photo engraving department. The
Photo Engravers and the Company entered into negotiations on
October 20, 1943, and in the following meetings orally agreed upon a
number of proposals. Five issues remained unresolved: On Decem-
ber 6, 1943, after an impasse had been reached, a conciliator of the
Department of Labor was called in. The attempts of the conciliator
were unsuccessful, and on March 4, 1944, the case was certified to the
Regional War Labor Board. Panel hearings were held in June, July,
August, and September 1944.
The War Labor Board panel board was issued on December 20, 1944,
The closed shop, double time for over-time, apprentice provision, and a portion of the
grievance procedure.
940 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and both the Company and the Photo Engravers filed appeals. On
May 17, 1945, the Regional War Labor Board issued its Directive
Order.' The Company appealed from this Order and the case was
certified to the National War Labor Board on July 4, 1945. While
this appeal was pending, the petitions in this proceeding were filed on
September 1 and 8, 1945, respectively.
On October 18, 1945, the National War Labor Board issued a Direc-
tive Order which denied the Company's motion for review, granted a
closed shop, and provided that the terms and conditions of the Regional
War Labor Board's Directive Order should be incorporated in a signed
agreement. On November 10, 1945, the Photo Engravers submitted a
proposed contract to the Company incorporating the terms of the War
Labor Board's directives.
On November 20, 1945, the Photo Engravers charged the Company
with non-compliance in a letter to the War Labor Board. In Decem-
ber 1945, the Company notified the War Labor Board that it did not
intend to comply with its Directive Order.3
The Photo Engravers contends that the principles enunciated in the
Allis-Chalmers case 4 are applicable here and, consequently, that no
question concerning representation has arisen. We find merit in its
contention. The evidence discloses that the crucial issue preventing
the Photo Engravers from securing the benefits of collective bargain-
ing was the content of the substantive bargain and its resort to the
War Labor Board for settlement thereof. The Photo Engravers
promptly opened bargaining negotiations after its certification and
diligently took the steps open to it in securing the necessary approval
of its bargaining program by the War Labor Board. In thus. resorting
to the peaceable and orderly procedures of Government for settlement
of the issues in dispute, it has been deprived of a reasonable opportu-
nity to obtain for the Company's employees the benefits of collective
bargaining which normally would have resulted from its certification
as their bargaining representative. We are therefore of the opinion
that the previous certification of the Photo Engravers and the present
state of negotiations constitute a bar to this proceeding. Accordingly,
the petitions for certification of representatives will be dismissed .5
8 The Regional Board 's Order, among other things , refused to act on the issue of repre-
sentation , granted a closed shop , set the termination date of the contract to be signed
by the parties as June 15 , 1945, and referred the question of wages back to the parties
for further negotiations.
2In January 1946, the Photo Engravers filed 8 ( 5) charges with the Board . However,
by letter dated March 21, 1946, the Photo Engravers waived the 8 (5) charges to permit
an immediate adjudication of the issues involved herein.
4 50 N . L R. B. 306.
e See Matter of Truscon Steel Company , 66 N. L. R. B. 204 . Cf. Matter of Jackson Box
Company, 59 N. L R B. 808, and Matter of Sears, Roebuck and Cc , 65 N. L. R B. 1039.
SUPERIOR ENGRAVING COMPANY
ORDER
941
Upon the basis of the foregoing findings of fact, and upon the
entire record in the case, the National Labor Relations Board hereby
orders that the petitions for investigation and certification of repre-
sentatives of employees of Superior Engraving Company, Denver,
Colorado, filed by Superior Engraving Company and Independent
Photo Engravers Association be, and they hereby are , dismissed.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Order.