United States Printing and Lithograph Co.

National Labor Relations Board - Board Decisions

Sep 21, 1944

58 N.L.R.B. 453 (N.L.R.B. 1944)

In the Matter of UNITED STATES PRINTING AND LITHOGRAPH COMPANY
and PAPER WORKERS ORGANIZING COMMITTEE C. I. O.
Case No. 9-R-1430.-Decided September 21, 1944
Mr. Walter 31. Shohl, of Cincinnati, Ohio, for the Company.
Mr. Harry Habertliear, of Cincinnati, Ohio, for the CIO.
Messrs. W. H. McHugh and Marcus Kluber, of Cincinnati, Ohio,
for the A FL.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by Paper Workers Organizing Committee,
C. I. 0., herein called the CIO, alleging that a question affecting com-
merce had arisen concerning the representation of employees of The
United States Printing and Lithograph Company, Norwood, Ohio,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice bcf-re Louis S.
Penfield, Trial Examiner. Said hearing was held at Cincinnati,
Ohio, on August 4, 1944. The Company, the CIO, Cincinnati Print-
ing Pressmen and Assistants' Union, Local 11, and International
Printing Pressmen and Assistants' Union of North America, A. F. L.,
the latter two unions herein called the AFL, appeared and partici-
pated. All parties were afforded full opportunity to be heard, to ex-
amine 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.
58 N. L. R. B, No. 88
453
454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The United States Printing and Lithograph Company, an Ohio
corporation, is engaged in the business of printing and lithographing
labels and other products at its plant in Norwood, Ohio. During the
calendar year 1943, the Company purchased raw materials for use in
its business valued in excess of $1,000,000, of which approximately
25 percent was shipped to the Company's plant from points outside
the State of Ohio. During the same period the Company produced
finished products valued in excess of $1,800,000, of which about 70
percent was shipped to points outside the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Paper Workers Organizing Committee, affiliated with the Con-
gress of Industrial Organizations, is a labor union admitting to mem-
bership employees of the Company. - -
Cincinnati Printing Pressmen and Assistants' Union, Local 11, is
affiliated, with International Printing Pressmen and Assistants'
Union of North America, which in turn is affiliated with the Ameri-
can Federation of Labor. Both Unions are labor organizations admit-
ting to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
On or about March 6, 1944, the CIO requested recognition of the
Company as the exclusive bargaining representative of its employees.
The Company refused to grant such recognition because of its exist-
ing contract with the AFL.
As the result of a consent election held on July 8, 1941, the AFL
was recognized by the Company as the bargaining representative for
all male production employees in the box department and pressroom,)
excluding supervisory personnel. On September 10, 1942, the AFL
and the Company executed a contract for the term of 1 year, renew-
able automatically from year to year thereafter unless either party
gave written notice of a desire to alter the terms of the contract at
least 00 days prior to any anniversary date. The contract was auto-
1 At the time the consent election was hehti there «ere no women production employees in
the pressroom, while Vie women employed in the box department worked at the compara-
tively unskilled tasks not performed by men Since the election and as the result of the
war, the number of women employees in the box department has increased and they are
now working at jobs formerly held exclusively by men
UNITED STATES PRINTING AND LITHOGRAPH COMPANY 455
matically renewed in 1943 and its present expiration date is Septem-
ber 10, 1944. On March 20, 1944, the AFL formally- notified the Com-
pany in writing of its desire to negotiate a new contract. The AFL
contends that its contract is a bar to this proceeding. In view of the
fact that the CIO notified the Company of its claim to represent a
majority of the Company's employees more than 60 days prior to the
automatic renewal date of the contract, and of the further fact that
the notice of the AFL will terminate the contract on September 10,
1944, we find that the aforesaid contract is not a bar to this pro-
ceeding.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the CIO represents a substantial number of
employees in the unit hereinafter found appropriate.2
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•*PPROPRIATE UNIT ;-TIIE- DETERMINATION OF 'REPRESENTATIVES
The CIO seeks a unit comprising all production and maintenance
employees excluding clerical employees and all supervisory personnel.
The AFL has represented substantially all of the employees,in the
box department and pressroom for approximately 2 years. Because
of the inter-relation of the departments and operations in the plant,
the employees may be effectively represented in a single plant-wide
unit as sought by the CIO. On the other hand, the bargaining history
existing between the AFL and the Company establishes that a unit
confined to employees in the box department and pressroom is equally
appropriate. In this situation, our determination of the unit issue
with respect to the employees in the box department and pressroom
will depend, in part, upon their own desires as expressed in the elec-
tion hereinafter directed among them.
We shall direct that separate elections by secret ballot be held among
the employees of the Company in each of the voting groups described
below who were employed during the pay-roll period immediately
preceding the date of the Direction of Elections herein, subject to the
limitations and additions set forth in the Direction.
1. All production and maintenance employees of the box depart-
ment and pressroom.3 excluding clerks, foremen, working foremen, and
2 The Field Examiner reported that the CIO submitted 110 authorrration cards, that the
names on 102 of these cards also appeared on the Company's pay roll of July 8, 1944. which
contained 213 names in the CIO claimed unit ; and that the cards were elated as follows
55 between Jdnuarl and April 1944, 34 between May and July 1944, and 13 undated The
ALF relies on its contract to establish its interest
a Both men and women are included in the above production and-maintenance categories.
Any unit confined exclusively to members of one sex would be inappropriate See Matter
of Dolese cC Shepherd Co , 56 N. L B B , 542 , Matter of General Electric Co , 43 N L R B
453
456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD -
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action.
2. All remaining production and maintenance-employees, excluding
clerks, foremen, working foremen, and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action.
As stated above, there will be no final determination of the appro-
priate unit or units pending, the results of the elections.
Although the AFL indicated that it did not desire to participate in
the event an election was ordered, we shall place its name on the ballot
with leave to withdraw by notifying the Regional Director to that
effect within five (5) days from the date of this Decision and Direction
of Elections.
DIRECTION OF ELECTIONS
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The United States
Printing and Lithograph Company, Norwood, Ohio, separate elections
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 direc-
tion and supervision of the Regional Director for the Ninth Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the following groups of employees of the Company 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 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 elections, as
well as all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action :
1. All production and maintenance employees of the box depart-
ment 4 and pressroom, excluding clerks, foremen, and working fore-
' This includes the carton packing department It appears that the employees of this
department voted in the original consent election which resulted in the designation of the
AFL as the bargaining representative for employees of the box department and pressroom
and were also covered by the contract executed pursuant thereto
f
UNITED STATES PRINTING AND LITHOGRAPH COMPANY 457
men, to determine whether they desire to be represented by Cincimiati
Printing Pressmen and Assistants' Union, Local 11, A. F. L., or by
Paper Workers Organizing Committee, C. I. 0., for the purposes of
collective bargaining, or^ by neither.
2. All remaining production and maintenance employees, excluding
clerks, foremen, and working foremen, to determine whether or not
they desire to be represented by Paper Workers Organizing Commit-
tee, C. I. 0., for the purposes of collective bargaining.
MR. GERARD D. REILLY, dissenting :
On the record presented to us in this case, I do not believe that a
combination of the box department and the pressroom constitutes an
appropriate unit, and think that we should direct separate elections
in each of these departments.
The only justification in the record for amalgamating the two units
is the fact that the Company and the intervening union had combined
them in the collective agreement expiring on September 10, 1944. The
difficulty with viewing this contract as establishing a proper bargain-
ing unit, however,'is that the majority of the Board is not according
the contract such weight, since it did not -cover female employees. If
this defect is fatal to the establishment of a conclusive bargaining unit,
it seems to ine the correct procedure is then to apply our general prin-
ciples and conduct elections in departmental units.