American Sales Book Co., Inc.

National Labor Relations Board - Board DecisionsMay 7, 1940

23 N.L.R.B. 638 (N.L.R.B. 1940)

In the Matter of AMERICAN SALES BOOK COMPANY, INC. and INTER- NATIONAL TYPOGRAPHICAL UNION Case No. B-1799.-Decided May 7,1940 Printed Forms Manufacturing Industry-Investigation of Representatives: con- troversy concerning representation of employees : refusal by employer to recognize union as exclusive representative-Unit Appropriate for Collective Bargaining: all composing-room employees, excluding supervisors, clerks, proofreaders, mat readers, electroplater apprentices , and all other apprentices having less than one year's experience in composing-room work-Elcetron Ordered Mr. Edward D. Flaherty, for the Board. Franchot, Runals, Cohen, Taylor cC Rickert, by Mr. Thomas J. Rickert, of Niagara Falls, N. Y., for the Company. Mr. Alfred J. Whittle, of Tuckahoe, N. Y., for the Union. Mr. Willard Young Morris, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 8, 1939, International Typographical "Union, herein called the Union, filed with the Regional Director for the Third Region (Buffalo, New York) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of American Sales Book Company, Inc., Niagara Falls, New York, herein called the Company, and requesting 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 April 8, 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 Regulations-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. On April 10, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice a hearing was held at Buffalo, New York, on April 23 N. L. R. B, No. 53. 63R AMERICAN SALES BOOK COMPANY, INC. 639 18, 194&, before Berdon M. Bell, the Trial Examiner duly designated by the Board. The Board and the Company were represented by counsel and the Union by its representatives. All participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. 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 Examiner 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 FACT 1. THE BUSINESS OF THE COMPANY American Sales Book Company, Inc., is a Delaware corporation with its principal offices and plant at Niagara Falls, New York.,, The Company is engaged in the manufacture and sale of printed forms, carbon paper, and mixed carbon composition materials and in the development and sale of autographic register machines and other ma- chine equipment and accessories. The principal raw materials used by the Company at its Niagara Falls plant are paper, waxes, oils, greases, dyes, colors, inks, boxes, wire, wrapping paper, gum tape, chipboard, and glue. In 1939 the Company purchased more than 5000 tons of raw materials, 30 per cent of which were shipped to the Company's Niagara Falls plant from points outside the State of New York. During- the same year. more than 5000 units of autographic register machines and accessory attachments and equipment were re- ceived at the Niagara Falls plant, 95 per cent of which were shipped from points outside the State of New York. During 1939 the Com- pany shipped from its Niagara Falls plant more than 5000 tons of printed forms, carbon paper, and mixed carbon composition materials, more than 80 per cent of which were shipped to points outside the State of New York. Of the more than 5000 units of autographic register machines and accessory attachments which were processed at the Niagara Falls plant during 1939 more than 83 per cent were shipped to points outside the State of New York. II. THE ORGANIZATION INVOLVED International Typographical Union is a labor organization, ad- mitting to membership employees of the Company working in a composing room. 1 The Company also owns and operates a plant at Elmira, New York. 640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION In its petition the Union alleged that the Company refused to bar- gain with the Union as the exclusive representative of its composing- room employees, although the Union represents a majority of such employees. The Company's position at the hearing was that it does not know whether the Union represents a majority of such employees and desires that the Board determine the matter. We find that a question has arisen concerning representation of employees of the Company. 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 rela- tionship 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 Except as to three employees, concerning whom there is disagree- ment, the Company and the Union stipulated that an appropriate unit consists of all the Company's composing-room employees, excluding supervisors, clerks, proofreaders, mat readers, and an apprentice electroplater.2 We see no reason for departing from the agreement of the parties concerning the scope of the unit. The three employees as to whom there is disagreement are appren- tices of less than one year's experience in composing-room work. The Union opposes their inclusion in the unit on the grounds that (1) they are ineligible to apprentice membership in the Union until they have completed one year at composing-room work; 2 and (2) the Union's constitution and bylaws prohibit it from representing such employees, and'ih the numerous contracts which it has with employers it has not bargained on behalf of apprentices of less than one year's experience. The Company urges their inclusion, stating that (1) the Company considers them permanent employees, all of them having completed the Company's three-month probationary employment period; and (2) their work is similar in nature to the work of other 2 The stipulation of the parties concerning the bargaining unit is based on a 3-page list of the composing-room employees , showing their respective work classifications . The em- ployees stipulated as excluded from the unit appear on page 3 of said list S One year ' s experience at composing-room work in the trade , and not for a particular employer , is required. AMERICAN SALES BOOK COMPANY, INC. 641 apprentices of more than a year's experience. While apprentices of less than one year's experience might properly be included in a bar- gaining unit consisting of composing-room employees, we find that they should be excluded from the unit under the circumstances of this case, in view of the- Union's long practice in the industry of not bar- gaining for such apprentices, the Union's eligibility rules, and the fact that the exclusion of such employees.from the unit is not permanent but merely until one year's experience in composing-room work has been acquired. We find that the Company's composing-room employees, excluding supervisors, clerks, proofreaders, mat readers, electroplater appren- tices and all other apprentices having less than one year's experience in composing-room work, constitute a unit appropriate for the pur- poses of collective bargaining, and that said unit will afford to such employees the full benefit of their right to self-organization and to collective bargaining, and otherwise effectuate the policies'of the Act. VI. DETERMINATION OF REPRESENTATIVES We find that an election by secret ballot will best resolve the ques- tion concerning representation. The Company and the Union agreed at the hearing that the Board should determine the date upon which eligibility to vote in the election should be determined. We see no reason why eligibility should not be determined as of the pay-roll period immediately prior to the date of the Direction of Election herein. We shall direct that the employees in the appropriate unit during the pay-roll period immediately preceding the date of the Direction of Election herein, including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, and excluding those who have since quit or been discharged for cause, shall be eligible to vote in the election. Upon 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 American Sales Book Company, Inc., Niagara Falls, New York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the Company's composing-room employees, excluding super- visors, clerks, proofreaders, mat readers, electroplater apprentices, and all other apprentices having less than a year's experience in com- 642 DECISIONS "OF -NATIONAL LABOR RELATIONS. BOARD posing.-room work, 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 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 purpose of collective bargaining with American Sales Book Company, Inc., Niagara Falls, New York, an. election by secret ballot shall be conducted as soon 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 Third Re- gion, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regula- tions, among all the Company's composing-room employees who were employed by the Company during the pay-roll period next preceding the date of this Direction of Election, including employees who did not work-during such pay-roll period because they were ill or on vaca- tion and employees who were then or have since been temporarily -laid off, but excluding supervisors, clerks, proofreaders, mat readers, electroplater apprentices, and all other apprentices having less than one year's experience in composing-room work, to determine whether or not they desire to be represented for the purposes of collective bar- gaining by International Typographical Union.