The Colonial Press Inc.

National Labor Relations Board - Board Decisions

Jun 25, 1943

50 N.L.R.B. 823 (N.L.R.B. 1943)

In the Matter of THE COLONIAL PRESS INC. and C. H. SIMONDS COM-
PANY and INTERNATIONAL PRINTING PRESSMEN AND, ASSISTANTS'
UNION OF N. A.
Case No. R-542! .-Decided Jwne 05, 1943
Mr. Richard Comerford, of Leominster, Mass., for the Company.
Messrs. Anthony J. DeEndrade and Bertram W. Kohl, of Boston,
Mass., for the Union.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF,THE CASE
Upon a petition duly filed by International Printing Pressmen and
Assistants' Union of N. A., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation,
of employees of The Colonial Press Inc., hereinafter called Colonial,
and C. H. Simonds Company, hereinafter called Simonds, both of
Clinton, Massachusetts, the National Labor Relations Boar&provide'd
for an appropriate hearing upon due notice before Thomas H. Ram-
sey, Trial Examiner. Said hearing was held at Clinton, Massachu-
setts, on- May 25, 1943. The Companies and the Union appeared, par-
ticipated, and 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 hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I: THE BUSINESS OF THE COMPANIES
Colonial Press, Inc., a Massachusetts corporation with its office and
plant at Clinton, Massachusetts, is engaged in the manufacture and
50 N. L. R. B., No. 117.
823
824 DECISIONS OF NATIONAL LABOR, RELATIONS. BOARD
sale of books 'of all kinds. Colonial-has used,annually raw materials
amounting in value to more than $50,000, over 50 percent of which
has been shipped,to the plant from points outside the Commonwealth
of Massachusetts. Annual sales have exceeded $500,000, and over 50
percent of its products has been sold and shipped to purchasers out-
side the Commonwealth of Massachusetts. Colonial employs between
400 and 500 employees, 58 of whom work in the pressroom, paper de-
partment, and vault, which are involved in this proceeding.
C. H. Simonds Company, also a Massachusetts corporation, is also
engaged in the manufacture and sale of books. Simonds occupies
the same office as Colonial and uses the latter's office facilities. Its
plant is located in a building about 200 feet from the Colonial plant
and was formerly used by Colonial. Simonds has been in actual
operation since January 1943. The raw materials used and to be
used by it annually are estimated as having _an approximate value
of between $50,000 and $75,000, about 60 percent of which is and
will be shipped to the plant from points 'outside the Commonwealth
of Massachusetts. It is estimated that annual sales will be about
$600,000, approximately 80 percent of which will be sold and shipped
to purchasers outside the Commonwealth of Massachusetts.-
The Companies do not deny and we find that they are engaged in
commerce within the meaning of the National Labor Relations Act.
a
II. THE ORGANIZATION INVOLVED
International Printing Pressmen and Assistants' Union of North
America is a labor organization admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about April 20, 1943, the Union requested that the Companies
recognize it as the exclusive bargaining representative. of employees
of the Companies. The Companies have refused to grant recogni-
tion to the Union until it is certified by the Board iii an appropriate'
unit. -
Statements of the Regional Director, introduced into evidence at
the hearing, indicate that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has 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.
'The Regional Director reported that the Union submitted 51 cards bearing the ap-i
patently genuine signatures of persons whose names appeal on the pay ioll of one or the
-other of the Companies in the appropriate unit There are approximately 65 employees
in the appiopimte unit.
THE COLONIAL PRESS INC.
IV. THE APPROPRIATE UNIT
825
The Union contends that all pressmen, press' assistants, apprentice
pressmen, apprentice press assistants,5pressroorn paper handlers, web.
rotary tension men, web rotary oilers,`and plate vaultmen, excluding
clerks, clerical workers, and janitors, in the employ of both Companies,'
constitute a unit appropriate for the purposes of collective bar-
gaining.
The Companies indicated that they would prefer to have the
employees of Colonial in one unit and the employees of Simonds in
another. The only other issue in dispute concerns the inclusion or
exclusion of certain employees whom the Union seeks to include and
the Companies to exclude on the ground that they are supervisory
employees.
Colonial has been actively in business for a number of years, oc-
cupying the building currently used by Simonds as well as its present
quarters. Simonds' corporate existence dates back to 1929, but it was
wholly inactive until January 1943. At that time is was activated for
the purpose of manufacturing a cheaper grade of books than those
produced by -Colonial. It appears that use of the separate corporate
structure was decided upon by the management of Colonial when it
obtained contracts for the cheaper grade of books.2 Simonds uses
web rotary presses while Colonial uses flat-bed presses. One of the
,latter company's presses was assigned to Simonds at the time it began
operations. The original contracts for work done by Simonds were
obtained by Colonial and assigned to Simonds. Both Companies
are managed by the same supervisory officials and all office and clerical
work for, both is handled by the Colonial office force. Wages, hours,
and conditions of employment for both Companies are determined by
the central management. The building occupied by Simonds is about
200 feet from the Colonial plant and they are connected by a passage-
way. Some work begun at Simonds is completed by Colonial. At
the time of the hearing, Simonds' employees, nearly all of whom are
former employees of Colonial, were still being carried on the Colonial
pay roll, although the management expected to have a separate pay
roll set up by June 1, 1943. We, find that the employees of both Com-
panies constitute a single bargaining unit.3
The Union seeks to include in the unit one Harry Hartel, foreman
of the pressroom at Simonds, while the Companies would exclude
him. Hartel has complete authority to hire and discharge employees
in the Simonds pressroom and spends the greater portion of his time
in supervisory activities. We shall exclude him from the unit. ,
2 The record does not disclose the stock ownership of Simonds
"Matter of Ken-Rad Tube & Lamp Corporation , 42 N L R . B 1235; Matter of Crucible
Steel Company of America, 45 N. L.' R B. 812.
826 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
The Union also seeks to include one Ike Ellis, described as a work-
ing foreman, while, the Company would exclude him. Ellis is in
charge of-the paper room of Colonial, which handles paper for both
Companies. Unlike Hartel, he spends most of his time in non-su-
pervisory work and has no authority to hire or discharge, and there
is no evidence that he has authority effectively to recommend such
action. Ellis and another,paper room employee, Spanier,, spend part .
of their time handling paper in the Colonial pressroom. Brice, an-
other employee of the paper room spends part of his time preparing
paper for the Colonial pressroom. The Union' claims jurisdiction
over these employees because of, their close relation to the pressroom.
The Companies agree that Brice and Spanier may appropriately be
included in the appropriate unit, and we so find. We further find
that Ellis does not `have sufficient supervisory authority to warrant
excluding him from the appropriate unit and, accordingly, shall in-
clude him.
We find that all pressmen, press assistants, apprentice pressmen,
apprentice press, assistants, pressroom paper handlers including Ellis,
Brice, and Spanier, web rotary tension men, web • rotary oilers, and
plate vaultmen, excluding clerks, clerical workers, janitors, the man-
ager,' superintendent, foremen, and any other, supervisory employee
with authority to hire, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action in
the employ of Colonial Press Inc. and C. H. Simonds Company, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
- We shall direct that the question concerning representation which
has arisen be resolved by an election 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-
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
k
By virtue of and pursuant to the power vested in the National La-
bor Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with- Colonial Press'
Inc. and C. H. Simonds Company, both of Clinton, Massachusetts, an
election by secret ballot shall be conducted as early as possible, but not
I
THE COLONIAL 'PRESS INC. 827
later than thirty (30) days from the date of this Direction, under the
direction and supervision of the Regional Director for the Fii'st Re-
gion, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 10, of said Rules and Regu-
latioiis, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period, imme-
diately -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 those employees who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by International Printing Pressmen and
Assistants' Union of North America, for the purposes of collective
bargaining.
CHAIRMAN Mums took no part in the consideration of the above
Decision and Direction of Election. '