A. S. Abell Co.

National Labor Relations Board - Board Decisions

Oct 11, 1940

27 N.L.R.B. 776 (N.L.R.B. 1940)

In the Matter of A. S. ABELL ,COMPANY and THE SUN PRESS Room
EMPLOYEES ASSOCIATION
In the Matter of A. S. ABELL COMPANY and INTERNATIONAL PRINTING
PRESSMEN & ASSTS. UNION OF NORTH AMERICA, BALTIMORE BRANCH
BALTIMORE NEWSPAPERS WEB PRESSMEN'S UNION #31
Cases Nos. R-1999 and R-000.-Decided October 11, 1940
Jurisdiction : newspaper publishing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives; employee serving as member of United
States Naval Reserve eligible to vote ; election necessary.
Unit Appropriate for Collective Bargaining : all foremen, pressmen in charge,
tensionmen, oilers, floormen, flyboys, balermen, paper handlers, and helpers in
the Company's pressroom, excluding machinists, machinists' helpers, electri-
cians, porters, clerical workers, and the superintendent.
Mr. Charles Y. Latimer, for the Board.
Mr. William'D. MacMillan,'of Baltimore, Md., for the Company.
Mr. George W. Della and Mr. Webster C. Tall, Baltimore, Md., for
the Association.
Mr. C. V. Ernest, of Baltimore, Md., for the International.
Mr. 0. David Zimring, Mr. Edward Meyer, and Mr. Louis Krampf,
of Baltimore, Md., for Local 31.
Mr. 0. David Zimring, of Baltimore, Md., for Local No. 6.
Mr. Norman M. Neel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE '
On June 5, 1940, International Printing Pressmen and Assistants'
Union of North America, Baltimore Branch Baltimore Newspaper
Web Pressmen's Union No. 31, herein called Local' 31, filed with the
Regional Director for the Fifth Region (Baltimore, Maryland) a
petition and on July 24, 1940, the Sun Press Room Employees' Asso-
ciation, herein -called the Association, filed with the Regional Director
a petition. Each of the petitions alleged that a question affect-
27 N. L. R. B., No. 139.
776
A. S. ABELL COMPANY 777
ing commerce had arisen concerning the representation of em-
ployees of A. S. Abell Company, Baltimore, Maryland, herein called
the Company, and requested an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act.
On July 31, 1940, the National Labor Relations Board herein called
the Board, acting pursuant to Section 9 (c) of the Act, and Article III,
Section, 3, of National Labor Relations Board Rules and Regula-
tions-Series 2,' as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due-notice, and further ordered, pursuant to Article III,
Section 10 (c) (2), of said Rules and Regulations, that the cases be
consolidated.
'On August 5, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Association,
and Local 31. Pursuant to notice, a hearing was held on August 12,
13, and 14, 1940, at Baltimore, Maryland, before Edward Grandison
Smith, the-Trial Examiner duly designated by the Board. At the
hearing, International Printing Pressmen and Assistants' Union of
North America, Paper Handlers and Flyboys' Union No. 6, herein
called Local No. 6, by motion and affidavit alleged a substantial in-,
terest in the case, and was permitted to intervene. The Board, the
Company, the Association, Local 31, Local No. 6, and International
Printing Pressmen and Assistants' Union of North America, herein
called the International, were represented by counsel, participated in
the hearing, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
upon the issues. During the course of the hearing the Trial Examiner
made several rulings on motions and on objections to the admission
of evidence. The Board has reviewed, the rulings of the Trial Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following.-_
FINDINGS OF FACTS
I. THE BUSINESS OF THE COMPANY'
A. S. Abell Company, a Maryland corporation with its principal
office and place of business located in Baltimore, Maryland, is engaged
in printing and publishing The Sun, a daily morning newspaper, with
a Sunday edition called The Sunday Sun, and a weekday evening news-
paper called The Evening Sun.
I The findings in this section are based upon a stipulation of facts between the Company
- and counsel for the Board.
778 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company publishes in excess of 9,000,000 papers a month, at a
total pay-roll cost in excess of $190,000 .2 The total number of em-
ployees is approximately 1,050. The paid circulation for July, 1939,
totaled 145,960 for the morning papers , 154,913 for the evening papers,
and 190,554 for the Sunday papers. Approximately 7.75 per cent of
the morning papers, 1.7 per cent of the evening papers, and 7.4
per cent of the Sunday papers are shipped to destinations outside the
State of Maryland . The raw materials used in the publication of the
Company's newspapers, consisting of newsprint and news ink, are
obtained largely from sources outside the State : all newsprint from
Canada and New York, and approximately 78 per cent of the news
ink from . Pennsylvania and the District of Columbia.
Widespread newsgathering, news interchange, and news distributing
activities by the Company , transcending the boundaries of the State
of Maryland, are conducted through its branch offices in New York
City, Washington, D. C., and London, England; through its corre-
spondents in the principal foreign news centers, through its exclusive
right in the United States to all the special correspondence and other
material published in the Manchester Guardian of England, and
through its direct wire , wire photo , and teletypewriter arrangements
with the Associated Press, the North-American Newspaper Alliance,
the New York Herald-Tribune , and Consolidated News Features, Inc.
Advertising, representing a large variety of business interests, is
solicited in a majority of the States for publication in the Company's
-papers.
II. THE ORGANIZATIONS INVOLVED
The Sun Press Room Employees ' Association is an independent labor
organization admitting to membership all employees in the Company's
pressroom with certain exclusions.
International Printing Pressmen and Assistants ' Union of North
America is a labor organization affiliated with the American Federa-
tion of Labor admitting to membership all employees in the Company's
pressroom with certain exclusions.
Baltimore Branch, Baltimore Newspaper Web Pressmen 's Union
No. 31 is a labor organization subordinate to International Printing
Pressmen and Assistants ' Union of North America, admitting to mem-
bership working superintendents , foremen, pressmen in charge, ten-
sionmen, oilers , and floormen in the Company's pressroom.
Paper Handlers and Flyboys' Union No. 6 is a labor organization,
subordinate to International Printing Pressmen and Assistants' Union
2 These figures do not include colored portions of the photogravure section , the comic
supplement, and the magazine This Week, features of the Sunday edition, which are
printed in the State of New York and shipped to Baltimore as railway express or freight.
A. S. ABELL COMPANY 779
of North America admitting to membership paperhandlers, flyboys,
helpers, and balermen in the Company's pressroom.
III. THE QUESTION CONCERNING REPRESENTATION
Beginning about 1920 and continuing to the present time the Inter-
national has made various attempts to organize the employees in the
Company's pressroom. 'In March or April 1937 the International
renewed its efforts to obtain members among the Company's pressroom
employees. The Association was incorporated on November 24, 1937,
and secured'members employed in the Company's pressroom.
Sometime during the early part of 1939, the International requested
recognition as the exclusive bargaining agency for pressmen in charge,
tensionmen, oilers, and floormen. The Company refused such recog-
nition stating that it was a matter requiring the Board's, decision.
The parties stipulated that requests for recognition had been made
by both the International and the Association and that each had beeii
refused.3
At the hearing there was introduced in evidence a 'statement of the
Regional Director showing a substantial membership in the Inter-
national and in the Association .4 Upon Local No. 6's intervention
in this proceeding, it introduced an affidavit of its organizer in which
he stated that Local No. 6 was authorized to represent a substantial
number of the employees eligible to membership in Local No. 6.
We find that a question has arisen concerning the representation of
employees of the Company.
0
IV. "THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of the Company described
in Section I above, has a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States, and tends to
lead to labor disputes burdening-and, obstructing commerce and the
free flow of commerce.
V. THE APPROPRIATE UNIT
It is the contention of the International , together with Local 31
and Local No. 6, that the pressroom employees of the company, with
8 The stipulation does not indicate the particular units in which recognition was sought.
' There are approximately 90 employees in the pressroom. There were submitted to the
Regional Director 39 applications for membership in the International and the Certificate
of Incorporation of the Association containing the names of 40 original members all of
whose names appear on the Company's pay roll for July 13, 1940. 1
780 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
certain exclusions, should constitute two separate units, one being
composed of foremen, pressmen-in charge, tensionmen, oilers, and
floormen, the other to be composed of paper handlers, flyboys, helpers,
and balermen.5 The Association, on the other hand, contends that all
these employees properly constitute a single unit. The parties are in
accord concerning the exclusion of machinists, machinists' helpers,
porters, clerical workers, electricians, and upon the exclusion of the
superintendent in the event that he is not a working superintendent.
In support of its contention the International points to practices
in the newspaper industry in general where bargaining for two groups
is conducted separately, and to differences in wages and skill between
the two proposed units. The Association claims that the pressroom
of the Company is unlike others in the industry and that the functional
coherence of the group as a whole precludes a finding of two separate
units.
The pressroom of the Company contains five presses each consisting
of seven units, each unit being capable of printing eight pages of
newspaper. The operation of three units oh a press requires a crew
consisting of a pressman in charge, a tensionman, two oilers, and a
flyboy. A variation in the size of the newspaper and the consequent
change in the number of units in use, necessitates a reduction or
increase of men employed on a press at a given time.,
Pressmen in charge, tensionmen, oilers and floormen are usually
designated as pressmen . Foremen usually have the qualifications of
pressmen. The pressman in charge supervises the immediate opera-
tion of a press, a specific duty apparently.being to "set up color" (ink)
by a set of keys. The tensionman prepares the press, throws in the
decks and makes the necessary changes in the number of units to be
used, aids in putting on plates,-oils part of the machine, and operates
the tension on the rolls. An oiler and a floorman take rolls of paper
to the press, prepare a straight edge and paste it to the press. The
oiler then engages in oiling the running parts of the press and putting
on plates as they are brought in by the floorman. The flyboy carries
plates before, the operation of the press begins (while the oiler and
floorman are setting up rolls), and then helps in leading the web
through the press, an operation in which all of the above-named
employees participate. Thereafter he is stationed at the "fly" where
he watches for breaks, stopping the press if anything goes wrong, and
6 The International indicated that it ultimately intended to allocate the employees in the
first group to its subordinate , Local 31 , and the employees in the second group to Local No.
6, but at the time of the hearing the International 'had been designated in the membership
application cards.
A 56 page paper, requiring the use of seven units , will employ a pressman in charge, two
tensionmen , five oilers , two doormen , and one flyboy.
A. S. ABELL COMPANY 781
keeps the papers straight as they come on to the coiiveyor in order to
prevent jamming..
Paper handlers are engaged in bringing in paper from trucks in
the street, storing paper, removing waste and cores and tying up
cases. Balermen clean up waste, bale-it by means of an electrically
operated machine, weigh it, and prepare it for shipment to a
paper company. Alfred C. Miller, superintendent of the pressroom,
testified that balermen are sometimes put on the fly in order that they
may learn the presswork generally. Helpers are engaged in washing
rollers which accumulate dirt from the ink, and% in aiding in the
"rewinder" which consists of removing the end of a roll from the
press in order that another roll may be inserted.
It appears that at the Company's plant pressmen usually begin
as flyboys in which position they are trained as apprentices for the
more skilled positions above them, and are from time to time permitted
to perform the duties of floormen or more rarely, of oilers, when the
size of an edition of the paper causes a shortage of help. Similarly,
when the edition is small, oilers and floormen perform the duties of
flyboys,' who are temporarily. laid off.
In the past there has been no collective bargaining in the, Com-
pany's pressroom by any of the groups here involved., The Inter-
national introduced evidence showing that at other newspapers, it
has organized the pressroom employees into separate locals of skilled
and less skilled employees and that contracts have been obtained by
such locals." However, as heretofore indicated in Section III, supra,
both the International and the Association have here organized the
Company's pressroom employees as a single group and we find that
a, single unit composed of the Company's pressroom employees is
appropriate. The determination of a single bargaining unit does not
preclude the International from allocating pressroom employees to
its subordinate locals or in the event that organization wins the elec-
tion hereinafter directed, from bargaining through joint representa-
tives of each local.
The record does not disclose whether the duties of the superin-
tendent are such as would, justifiy his designation as a "working
superintendent" and in accordance with our usual practice, at the
request of one of the labor organizations involved, we shall exclude
him from the appropriate unit as a supervisory official.
" Generally in the industry flyboys are not apprentices and there is no interchange of
positions among flyboys, floormen, and oilers
'The Intel national introduced in evidence contracts entered into by The Milwaukee
Journal and Milwaukee Web Pressmen's Union No 23, guaranteed by the International;
Press Publishing Co and Muncie Printing Pressmen and Assistant's Union No 126, guar-
anteed by the International ; Memphis Press Scimitar Company and Memphis Commercial
Appeal Company and Memphis Flyboys and Paperbandleis' Union No. 23; The Washington
Post and Washington Paper Handlers and Fly Boys Union No 24 , and other contracts.
782 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all foremen , pressmen in charge, tensionmen , oilers,
floormen, flyboys , balermen, paper handlers, and helpers in the Com-
pany's pressroom , excluding machinists , machinists ' helpers, por-
ters, clerical workers, electricians , and the superintendent , constitute
a unit appropriate for collective bargaining and that said unit will
insure to the employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise ef-
fectuate the policies of the Act.
- VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion can best be resolved by the holding of an election by secret ballot.
We shall direct that such'an election be held.
The parties agreed that a pay-roll date between July 1, 1940, and
July 15, 1940, should serve as determinative of eligibility to partici-
pate in an election. The International requested, and the Association
did not object to the eligibility of Vernon Kaufman, oiler, who is
presumably serving as a member of the United States Naval Reserve.
Kaufman was promised his former position with no loss of seniority
upon his return and he will be eligible to vote in the election.
We direct that all employees in the appropriate unit whose names
appear on the Company's pay roll as of July 13, 1940, and Vernon
Kaufman, are entitled to participate in the selection of representa-
tives.
Upon the basis of the above findings. of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of A. S. Abell Company, Baltimore, Maryland,
in the unit hereinabove found appropriate within the meaning of
Section 9 (c) and Section 2 (6) and ( 7) of the National Labor
Relations Act.
2. All foremen, pressmen in charge, tensionmen, oilers, floormen,
flyboys, balermen, paper handlers, and helpers in the Company's
pressroom , excluding machinists , machinists ' helpers, electricians,
porters, clerical workers, and the superintendent , constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
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
A. S. ABELL COMPANY 783
Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with A. S. Abell Company, Baltimore, Maryland, 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' Fourth Region,
acting in this matter as agent for the National Labor Relations Board
and subject to Article III,\Section 9, of said Rules and Regulations,
among all foremen , pressmen in charge, tensionmen , oilers , doormen,
flyboys, balermen, paper handlers, and helpers in the Company's
pressroom, and Vernon Kaufman, excluding machinists, machinists'
-helpers, electricans, porters, clerical workers and the superintendent,
whose names appear on the Company's payroll as of July 13, 1940,
to determine whether they wish to be represented by Sun Press Rbom
Employees' Association, or by International Printing Pressmen and
Assistants' Union of North America, affiliated with the American
Federation of Labor, or by neither.
[SAME TITLE]
AMENDMENT TO DIRECTION OF ELECTION
October 19, 1940
On October 11, 1940, the National Labor Relations Board issued
a Decision and Direction of Election in the above -entitled proceeding.
IT IS HEREBY ORDERED that the Direction of Election be, and the
same hereby is, amended by striking said Direction of Election in
its entirety and substituting therefor the following :
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 Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
_Js hereby'
DIRECTED that as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with A. S. Abell Company, Baltimore,' Maryland, 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, tinder the
784, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
direction and supervision of the Regional Director for the Fifth
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among all foremen, pressmen in charge, terisionmen,
oilers, floormen, flyboys, balermen, paper handlers, and helpers in
the Company's pressroom, whose names appear on the Company's
pay roll as of July 13, 1940, including Vernon Kaufman and em-
ployees. who did not work during such pay-roll period because they
were ill or on vacation and those who were then or have since been
temporarily laid off, excluding machinists, machinists' helpers,'elec-
tricians, porters, clerical workers and the superintendent, and those
employees who have since quit or been discharged for cause to de-
termine whether they wish to be represented by Sun Press Room
Employees' Association, or by International Printing Pressmen and
Assistants' Union of North America, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or
by neither.
27 N. L. R. B., No. 139a.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
November 10, 1940
On October 11, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election and
on October 19, 1940, an Amendment to Direction of Election in the
above-entitled proceeding. Pursuant to the Direction of Election,
as amended, an election by secret ballot was conducted on October 29,
1940, under the direction and supervision of the Regional Director
for the Fifth Region (Baltimore, Maryland). On October 30, 1940,
the Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, issued and duly served upon- the parties his Election
Report. No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
The Regional Director reported- the following results of the
balloting :
Total number of eligible voters------------------------------ 92
Total number of ballots cast ---------------------- ---------- 91
Total -number of votes for Sun Press Room Employees' As-
sociation-------------------------------------------------- 57
Total number of votes for International Printing Pressmen
and Assts. Union of North America (A. F. L.)---------- ---- 34
A. S. ABELL COMPANY 785
Total number of votes for neither ___________________________ 0
Total number of blank ballots _______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged votes____________ ________________ 0
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, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations—
,Series 2, as amended,
IT IS HEREBY CERTIFIED that Sun Press Room Employees' Associa-
tion has been designated and selected by a majority of all foremen,
pressmen in charge, tensionmen, oilers, floormen, flyboys, balermen,
paper handlers, and helpers in the Company's pressroom, excluding
machinists, machinists' helpers, electricians, porters, clerical workers,
and the superintendent, as their representative for the purposes of
collective bargaining and that, pursuant to Section 9 (a) of the Act,
Sun Press Room Employees' Association is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other
conditions of employment.
27 N. L. B. B., No. 139b.
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