Worzella Publishing Co.

National Labor Relations Board - Board Decisions

Jul 15, 1958

121 N.L.R.B. 78 (N.L.R.B. 1958)

78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. We find, in agreement with the parties, that the following em-
ployees of the Employer constitute a unit appropriate for purposes
of collective bargaining within the meaning of Section 9 (b) of- the
Act:
All production and maintenance employees at theEmployer's plants
at Rockford, Ottawa, Bloomington, Urbana, Champaign, Pana,,and
Decatur, Illinois, including working foremen, dough mixers, ovenmen,
machine men, open kettle friers, bench men, pan rackers, roll panners,
rackers, and pan greasers, but excluding office and plant clerical
employees, guards, professional employees, and supervisors as defined
in the Act.
5. In its brief, the-Petitioner requests that, if the Board directs an
election, the Board place- on the ballot, in lieu of the Petitioner, the
Illinois Bargaining Association.is BCW, however, objects to placing
the Association on the ballot. In a motion to intervene filed by the
Association after the hearing, it is alleged that, after the hearing
herein at a meeting noticed to all employees of the Employer, a reso-
lution was adopted authorizing the establishment of the Association
to act as the bargaining representative of the-Employer's employees
in the existing contract unit. BCW does not dispute these allegations
and objects to granting the Petitioner's requeet-_t6 place the Association
on the ballot only because "the -request was based upon evidence de-
literately created subsequent to the close of the hearing in this matter."
Neither the fact that the Association was formed after the hearing
nor the motives underlying its formation are material to the disposi-
tion of Petitioner's request. In the absence of any valid objection
thereto, we shall grant such request.
[Text of Direction of Election omitted from publication.]
vene filed after the bearing by Local 189 of ABC ,'' and by Illinois Bargaining Asseelstion
for the Good & welfare of Purity Employees e'i8a, Baitay and Coc fectla ii gy
workers Internatlviial Union, AFL-CIO, hereinafter variously- called Abe Illinois, Bar-
gaining Association or the Association.
-10 See footnote 15. .
Worzella Publishing Company and International Printing Press-
menzand Assistants' Union of North America , AFL-CIO, Peti-
tioner. Case No. 18 RC-3576, July,15, 1958 -
DECISION AND DIRECTION OF ELECTION -
UpQn a petition duly filed uilder-Section,9 (c) of the National Labor
Relations Act, a hearing. was held lore Jack R. Carrier, hearing
officer. " Thee hearing officer's rulings ode at the hearing are free from
pre judicial, error and are hereby afiirined. -
121 NLRB No. 18.
WORZELLA PUBLISHING COMPANY 79.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Bean and Fanning].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks to represent a unit of printing employees at,
the Employer's Stevens Point, Wisconsin, plant. The Employer op-
poses the unit contention of the Petitioner and asserts that the only
appropriate unit is one composed of all of its employees, including, in
addition to those sought by Petitioner, various bindery employees and
stockroom, shipping and receiving, and maintenance employees.
There is no history of bargaining for any of its employees involved
herein.
The Employer operates a commercial printing and bookbinding
establishment and publishes two Polish language newspapers. The
unit sought by the Petitioner comprises letterpress operators, linotype
operators, hand compositors, stereotypers, and lithographic employees,
their assistants and apprentices. These employees, about 20 in num-
ber, comprise all the employees of the Employer engaged in its print-
ing operations. In addition the Employer has about 30 employees in
the following departments : hand binding, bindery, shipping and re-
ceiving, stockroom and maintenance.
The printing employees and certain of the bindery employees are
required to serve an apprenticeship of 4 to 6 years. All the printing
employees, except the lithographic employees, are under the immediate
supervision of Joseph Tuszka, who also supervises the hand binding
operation and the stockroom. The lithographic employees,are ,under
separate immediate supervision, and do not interchange with other
printing employees. The record shows, however, that there is some
interchange, the extent of which is not specified, between the printing
employees and the bindery employees.
In view of this interchange, the common supervision of certain of
the printing and nonprinting employees by Tuszka, as related above,
and the fact that its printing, and other employees work in the same
rooms, without any intervening partitions, the Employer contends
that only a''plantwide unit is appropriate. We do not believe, how-
ever, that there is sufficient integration between the printing and
bindery operations to preclude finding appropriate a separate unit of
printing employees, as sought by the Petitioner. ;
The Board normally finds that the various categories of printing
employees, i. e., (1) lithographic employees, (2) letterpress operators
80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and (3) compositors-here involved constitute separate appropriate
units.' However, where, as here, the only unit sought is one combin-
ing two or more of the foregoing groups, and the employer does not
object to the proposed unit on the ground of the joinder of such groups
in a single unit, the Board finds the combined unit appropriate 2
We find, therefore, that the following employees constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
All letterpress pressmen, apprentice pressmen, all letterpress press
assistants, apprentice press assistants, offset pressmen, offset press
assistants, rotary pressmen, hand compositors, linotype operators and
apprentices, stereotypers, offset cameramen, strippers, layout em-
ployees, platemakers, opaquers, and darkroom employees at the Em-
ployer's Stevens Point, Wisconsin, plant, but excluding employees in
the hand binding department, bindery department, stockroom,
shipping and receiving- department, maintenance department, office
clerical employees, professional employees, guards, and supervisors as
defined in the Act 3
[Text of Direction of Election omitted from publication.]
McQuiddy Printing Company, 116 NLRB 1114 (lithographing employees ; letterpress
operators ) and Everlast Process Printing Co, 98 NLRB 1313 ( linotype operators and
compositors).
2 Drug Package Co., Inc., 101 NLRB 1123, 1124-1125.
3 The unit finding conforms substantially to the unit request of Petitioner.
Calumet Contractors Association and Christian Building Trades
Local 12, Christian Labor Association of U. S., Petitioner.
Case No. 13-RC-5479. June 30, 1958
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
.officer of the National Labor Relations Board. His rulings made at
the hearing are free from prejudicial error and are affirmed.'
Pursuant to Section 3 (b) of the National Labor Relations Act,
the Board has delegated its powers herein to a three-member panel
[Chairman Leedom and Members Rodgers and Jenkins].
Upon the entire record, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization named below claims to represent certain
employees of the Employer.
1 The hearing officer properly permitted various building trade craft unions, herein
called the Intervenors , to intervene for the sole purpose of protesting the appropriateness
.of the unit . See Pacific Gas and Electric Company, 91 NLRB 615 ( footnote 1).
121 NLRB No. 16.