William W. Fitzhugh, Inc.

National Labor Relations Board - Board Decisions

Dec 23, 1944

59 N.L.R.B. 1230 (N.L.R.B. 1944)

In the Matter of WILLIAM W. FITZHUGII, INC. and FOLDING Box &
DISPLAY WORKERS, LOCAL 381, A. F' L., AFFILIATED WITH INTER-
NATIONAL BROTHERHOOD OF PULP, SULPHITE & PAPER MILL WORKERS,
A. F. L.
Case No. 0-RE-70.-Decided December u3, 1944
Mr. L. L. Balleisen,, of New York City, and Mr. C. S. Barnes,, of
Brooklyn, N. Y., for the Company.
,Messrs. George Rifkin and Bernard Cianciulli, of ,New York City,
for Local 381.
Messrs. Peter A. Tufo and tiVilliam Johnson, of New York City, for
the Joint Council.
Mr. Herbert C. Kane, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition filed by William W. Fitzhugh, Inc., Brooklyn, New
York, herein called the Company, alleging that a question affecting
commerce had arisen concerning the representation of its employees,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Jerome I. Macht, Trial Examiner. Said
hearing was held at New York City on November 16; 1944. The Com-
pany, the New York Joint Council International Printing Pressmen
,K-, Assistants' Union of North America, A. F. L., herein called the Joint
Council, and Folding Box,& Display Workers, Local 381, A. F. L.,
affiliated with the International Brotherhood of Pulp, Sulphite
Paper Mill Workers, A. F. L., herein called Local 381, 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 . 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 :
59 N. L. R B, No. 223.
1230
WILLIAM W . FITZHUGH , INC. 1231
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
William W. Fitzhugh, Inc., is a New York corporation having its
plant in Brooklyn, New York. It is engaged in the manufacture,
sale, and distribution of folding boxes and labels. During the past
year, it used raw materials amounting in value to in excess of $250,000,
in excess of 50 percent of which came from points outside the State
of New York to its Brooklyn plant. During the same period its sales
were in excess of $500,000, of which in excess of 50 percent was shipped
to points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Folding Box & Display Workers, Local 381, affiliated with Inter-
national Brotherhood of Pulp, Sulphite & Paper Mill Workers, and
New York Joint Council of the International Printing Pressmen &
As'sistants' Union of North America are both labor organizations af-
filiated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 1, 1943, the Company entered into a 1-year contract with
the Joint Council. By letter dated August 11, 1944, Local 381 notified
the Company of its claim to majority representation and its desire
to bargain for the employees of the Company. The Company informed
Local 381 that it was under contract with the Joint Council and that
it would not recognize Local 381 until it had been certified by the
Board. On August 30, 1944, the Joint Council notified the Company
of its desire to negotiate for a new contract or an extension of the
present contract. The Company informed the Joint Council of the
claim of Local 381 and informed it that it would not negotiate with
the Joint Council until the Board had determined the question of
representatives. On September 13, 1944, the Company filed the
petition herein.'
The Joint Council claims that the, existence here of a jurisdictional
dispute between two unions affiliated with the same parent organiza-
1 In August 1944, Local 381 filed a petition in Case No 2-R-4941, seeking certification
in the same unit as sought in the instant case. The Regional Director on September 23,
1944, refused to issue a Notice of Hearing or proceed further with the case. Local 381
appealed the decision of the Regional Director which was denied by the Board on November
9. 1944. The Joint Council claims that the dismissal of the petition in Case No . 2-R-4941
is a bar to a present determination of representatives . We find no merit in this contention.
618683-45-vol 59-79
1232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Lion warrants a dismissal,-of this, proceeding. However, the dispute
between the Joint Council and Local 381-is one of long duration, and
all attempts to settle it by the labor organizations themselves have
been unsuccessful. Although the disputants have submitted the con-
troversy to their parent organization for settlement, such, settlement
has not been effected. In view of these circumstances and of the fact
that -the Company filed the petition herein, alleging that a question
affecting commerce had arisen concerning the representation of its
employees, we are of the opinion that this proceeding is properly
before us.2
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that Local 381 represents a substantial number of em-
ployees in theiunit hereinafter found appropriate.3
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 _
Wei finds in 'substantial accord-with the agreement'of the parties,
that all'employees engaged in the production and shipping department
but occluding the 'office and clerical staff,. watchmen, janitors,,time-
keepers, maintenance men, employees in the, lithograph department,
foremen, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute 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 Election
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,
2 See Matter of B F Gilmour Co., Inc ., 55 N L. R B. 767.
8 The Field Examiner reported that Local 381 submitted 59 authorization cards ; that
the names of 49 persons appearing on the cards were listed on the Company ' s pay roll of
August 16 , 1944 , which contained the names of 129 employees in the appropriate unit ;
and that the cards were dated : 3 in October 1939, 1 in October 1941, 17 between February
and June 1943 , 25 between January and August 1944 , and 4 were undated. The Joint
Council relied upon its contract with the Company as evidence of its interest.
WILLIAM W. FITZHUGH, INC. 1233
and pursuant to Article III, Section 9, of National Labor Relations
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 William W. Fitz-.
hugh, _Inc.,_ Brooklyn, New York, 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 Second 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 Regulations, among the' em-
ployees in the unit found apropriate 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 the
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 they desire to be represented by Folding Box &
Display Workers, Local 381, A. F. L., affiliated with International
Brotherhood of Pulp, Sulphite & Paper Mill Workers, A. F. L., or by
New York Joint Council of Printing Pressmen & Assistants' Union of
North America, A. F. L., for the purposes, of collective bargaining, or
by neither.