The Wallace Press

National Labor Relations Board - Board Decisions

May 12, 1944

56 N.L.R.B. 469 (N.L.R.B. 1944)

In the Matter of THE WAI.LACE PREss and CHICAGO TYPOGRAPHICAL
UNION, No. 16, AFFILIATED WITH INTERNATIONAL TYPOGRAPHICAL
UNION
Case 'No. 13-R-2325.-Decided May 12,1944
Mr. Otto A. Jaburek, of Chicago, Ill., for the Company.
Mr. John J. Pilch, of Chicago, Ill., 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 Chicago Typographical Union, No.
16, affiliated with International Typographical Union, herein called
the Union, alleging that a question- affecting commerce had arisen
concerning the representation of, employees of The Wallace Press,
Chicago„Illinois, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Robert T. Drake, Trial Examiner., Said hearing was held,
at Chicago, Illinois, on March 23, 1944. The Company and the Union
appeared and participated. All parties were afforded, full oppor-
tunity 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. All parties were afforded an 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
The ,Wallace Press is an Illinois coporation with its principal office
and plant located in the city of Chicago, Illinois, where, it 'is engaged
in the business of commercial printing. '
During the year 1943 the Company purchased paper and other
materials exceeding $1,000,000 in value. Of these materials 70 percent
56 N. L. R. B., No. 91.
469
470 _ DECISIONS OF. NATIONAL" LABOR RELATIONS BOARD
was shipped to the Company's plant from points outside the State of
Illinois. During the same period the Company sold products valued
in excess of $2,500,000, of which 57 percent was shipped from the
Company's plant to points outside the State of Illinois. °
The .Company admits, and we find,, that it is, engaged in, commerce
within'the meaning,of the' National Labor Relations Act.
II. THE ORGANIZATION INVOLVED"
Chicago Typographical Union, No. • 16, affiliated with the Inter-
national Typographical Union, is a labor organization admitting to
membership employees of the Company. -
III. THE QUESTION CONCERNING REPRDSENTATION
On February 7, 1944, the Union requested recognition as the exclu,
sive bargaining representative of the employees in the Company's
composing room., The' Company has refused to grant such recog-
nition until the Union has been certified by the Board in an appro-
priate unit. -
A - statement .of a Board agent, introduced _ •into evidence at the
hearing, indicates ' 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.
IV. THE APPROPRIATE UNIT
.: The parties are in agreement that the appropriate unit should con-
sist of all employees in:-,the sixth floor composing room, including
linotype operators, hand compositors, Ludlow operators, proof-' '
readers, foremen, apprentice foremen, and assistant foremen. There
is disagreement only asto the inclusion in the unit of three employees
who the company contends should be included, and the Union oon-
tends should be excluded? These three men spend varying portions
of their time doing lock-up and other work coming under the juris-
diction of the Union. They` are; however, primarily pressmen, spend-
ing the major portion of their time supervising pressroom employees,
and doing pressroom work in entirely separate departments. The
The Board agent reported that the, Union submitted 10 application-for-membership
cards, 9 of which bore apparently genuine original signatures - of persons listed on the
Company's pay roll of February 25, 1944, which contained the names of 15 employees in
the appropriate unit.
,2 These employees are Edward Rohn, foreman of the Gordon Pressroom, George Maertin,
a" Gordon press operator , and George weisbecker, foreman of the Cylinder Pressroom.
THE WALLACE 'PRESS 471
Company contends that -if these men are excluded from the bargain-
ing unit and the Union becomes the bargaining agent for the com,
posing room employees, the Union will insist that these men cease
doing composing room work, which will necessitate the employment
of additional personnel. This is a subject for collective bargaining
rather than a matter for consideration by the Board. Collective bar-
gainingin the printing industry has been conducted on a craft basis
for many years and has been remarkably successful..-We assume that,
,the Company and the Union, if the latter is certified, will be able,to
find a solution to the problem suggested by the Company. We shall
exclude from the unit those employees who do not spend the major
portion of their working time in the sixth floor composing room.
We find that all employees of the Company who spend the majority
of their working time in the sixth floor composing room, including
linotype operators, hand • compositors, Ludlow operators, proof-
readers, foremen; apprentice foremen, and assistant foremen, 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
By virtue of and,pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and, pursuant to Article' III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it, is hereby
DIRECTED that, as part of the investigation to ascertain represen-
tatives for the purposes of- collective bargaining with The Wallace
Press, Chicago, Illinois, 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 Thirteenth, Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this
472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 ,and have ,not been
rehired or reinstated prior to the date .of -the election, to determine
whether or not they desire to be represented by Chicago Typographical
Union, No. 16, affiliated with .the International Typographical Union,
for .the purposes .of .c^llective bargaining.
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