Wilson-Jones Co.

National Labor Relations Board - Board Decisions

Dec 16, 1944

59 N.L.R.B. 1096 (N.L.R.B. 1944)

In the Matter Of WILSON-JONES COMPANY and INTERNATIONAL
BROTHERHOOD OF BOOKBINDERS , A. F. OF L.
Case' No. 2 R-5106.Decided December 16, 1944
Cox d, Walburg, by Mr. William H. D. Cox, of Newark, N. J., for
the Company.
Mr. W. F. Barber, of Elizabeth, N. J., for the International Brother-
hood of Bookbinders, A. F. of L.
Rothbard, Greenstone, Harris cfi-Tali'sm'an, b'y'Mr.•Samicel L. Roth-
'bard, of Newark, N. J., for the United Paper Workers Union, Local
No. 148, C. I. O.
-Mr. Louis R. Mercado, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Book-
binders, A. F. of L., herein called the A. F. of L., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Wilson-Jones Company, Elizabeth, New Jersey; herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Jack Davis, Trial
Examiner. Said hearing was held at Newark, New Jersey, on No-
vember 3 and -4, 1944. At'the hearing the United Paper Workers
Union, Local No. 148, Paper Workers Organizing Committee, C. I. 0.,
herein called the C. I. O., moved to intervene. The motion was
granted by the Trial Examiner without objection. The Company, the
'A. F. of L., and the C.4. O. 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. 195. •
-'1096
WILSON-JONES COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
1097
Wilson-Jones Company, a Massachusetts corporation, with its prin-
cipal office and place of business at Chicago, Illinois, is engaged in
the manufacture, sale, and distribution,of loose-leaf, file and stationery
,equipment, indices, record-keeping devices, and other general office
supplies at plants in Chicago, Illinois; Elizabeth, New Jersey; San
Francisco, California; and Kansas City, Missouri. The present pro-
ceeding involves only the plant at Elizabeth, New Jersey. During the
first 6 months of 1939, approximately 70 percent of the value of paper,
press and binder board, leather, imitation leather, steel, brass, fabrics,
,and other materials- purchased for use at the Elizabeth plant was
shipped to Elizabeth from points outside the State of New Jersey;
during the same period, approximately 75 percent of the value of the
Company's finished products was shipped from Elizabeth to points
outside the State of New Jersey.'
- The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Brotherhood of Bookbinders, A. F. of L., affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
United Paper Workers Union, Local No. 148, Paper Workers
Organizing Committee, affiliated with the Congress of Industrial
Organizations, is' a labor organization admitting to membership 'em-
ployees of the Company. -
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the A. F. of L.
as the exclusive bargaining representative of,certain of its employees
until the A. F. of L. has been certified by the Board in an appropriate
unit. '
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the A. F. of L. represents a substantial number
of employees in the unit alleged by it to be appropriate.'
See Matter of Wilson-Jones Company, 21 'N. L. It. B . 943; Matter of Wilson-Jones Com-
pany, 23 N. L. It. B. 727.
2 The Field Examiner reported that the A. F. of L submitted 9 cards, ' all of which
bore apparently genuine original signatures ; that the names of 9 persons appearing on the
'cards were listed on the Company 's pay roll of October 13, 1944, which contained the
names of 10 employees in the unit claimed by the A F. of L to be appropriate ; and that
7 cards were dated 1941-1944, 1 was dated 1942 --1944, and 1 in 1944.
The C. I. O. relies on its contract with the Company which covers the production and
1098 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 DETERMINATION OF REPRESENTATIVES
The A. F. of L. and the Company contend that the paper rulers
constitute an appropriate craft unit. The C. I. O. contends that the
paper rulers should be included in the general production and main-
tenance unit.
All the parties concede that the work of the paper rulers and ap-
prentices is a skilled craft. The evidence discloses that approximately
4 years of apprenticeship is required to become a skilled paper ruler
craftsman. The paper rulers in the Elizabeth, New Jersey, plant of
the Company are in a separate department in one corner of the Com-
pany's shop under the supervision of their own foreman.$
The 'Company employs in its Elizabeth plant approximately 300
employees, of, whom 75 are skilled, representing some 10 skilled print-
ing crafts, including rulers. The predecessor to the C. I. O. organized
the Company's Chicago and Elizabeth plants in 1937-1938 as a general
production and maintenance unit, except for machinists who were
represented by their craft union which is affiliated with the A. F. of L.
In 1938 and again in 1939 the Company entered into a contract with
the C. I. O.'s predecessor covering the employees on an industrial basis
at the Elizabeth plant, excluding only the machinists. In 1940 three
separate craft unions petitioned for units of pressmen, type setters, and
machinists, respectively, at the Company's Elizabeth, New Jersey,
plant. The C. I. O.'s predecessor intervened in the proceedings and
asked for an industrial unit covering the employees of both the Com-
pany's Chicago and Elizabeth plants. The Board found that an in-
dustrial unit was appropriate, but that the machinists, type setters,
and pressmen could either be part of the larger industrial unit or func-
tion as separate craft units at the Elizabeth plants for the purpose of
collective bargaining and ordered "globe" elections for the machinists,
type setters, and pressmen.4 The Company employs at its Elizabeth
plant 10 rulers who joined the C. I. ,O. when the plant was organized
in 1937-1938. They remained members of the C. 1. 0., acquiescing and
participating in the collective bargaining on an industrial basis until
maintenance employees of the Company's Chicago , Illinois, and Elizabeth , New Jersey,
plants, including the rulers , to show an interest in the proceedings. This contract is
dated December 2, 1942, and expires by its terms on December 2, 1944.
s This foreman also supervises three other employees in what is known as the Folding
Department, which is immediately adjacent to the Ruling Department.
4 The machinists and type setters voted for the A. F. of L ., while the pressmen voted for
the C . I. O. Matter of Wilson-Jones Company, 23 N. L . R. B. 727.
WILSON-JONES COMPANY 1099
September 1941, when practically all of the rulers of the Company's
Elizabeth plant joined the A. F. of L. and have since continuously
maintained their identity as a craft and their membership> in that
organization. The rulers have persisted in their attempts to secure
recognition as a separate craft unit since September 1941.6
We are of the opinion that the paper rulers constitute a true craft
group, have maintained their identity as such since September 1941,
and since that date have persistently protested their inclusion in the
more comprehensive unit. Upon the entire record, we find that the
rulers could either be a part of the larger industrial unit or could
function as a separate craft group for the purposes of collective
bargaining.'
Accordingly, we shall make no final determination of the appropri-
ate unit at this time, but shall first ascertain the desires of the em-
ployees themselves. In view of the absence of any question concerning
representation among the employees in the original production and
maintenance unit, we shall direct that an election by secret ballot be
conducted among the paper rulers and apprentices who were employed
by the Company at the Elizabeth, New Jersey, plant during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion, subject to the limitations and additions set forth therein, but
excluding all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, to determine whether
they desire to be represented by the A. F. of L., or by the C. I. 0., for
the purposes of collective bargaining, or by neither. Upon the results
of this election will depend, in part, our determination of the appro-
priate unit. If a majority of the employees in this voting group
select the A. F. of L. as their bargaining representative, they will have
thereby indicated their desire to constitute a separate appropriate
unit. If, however, a majority of these employees choose the C. I. 0.,
then they will have thereby indicated their desire to be included in
the general production and maintenance unit represented by the
C. I. 0., in which event the petition will be, dismissed.
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,
6 The A. F. of L. filed a petition for a unit of paper rulers in September 1941 , but this
-petition was dismissed administratively . The A. F. of L. again filed a petition for a
separate craft unit of rulers in February 1944 . This petition was dismissed as being
premature ; in view of the C. I. O.'s contract.
6 See Matter of Bendim Products Division of Bendier Aviation Corp., 39 N. L. R. B. 81;
Matter of Tampa Florida Brewery, Inc., 42 N . L. R. B. 642 ; Matter of General Electric
Company ( Lynn ), 58 N. L. R. B. 57.
1100 DECISIONS OF NATIONAL LABOR- RFLATIONS.jjQARD
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 Wilson-Jones Com-
pany, Elizabeth, New Jersey, 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 arid' 11, of said 'Rules and Regulations; among -tlie
employees in the voting group set forth 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 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 International
Brotherhood of Bookbinders, A. F. of L., affiliated with the American
Federation of Labor, or by United Paper Workers Union, Local No.
148, Paper Workers Organizing Committee, affiliated with the Con-
gress of=Industrial Organizations,,for the purposes of collective bar-
gaining, or by neither.