Billboard Publishing Co.

National Labor Relations Board - Board DecisionsApr 8, 1954

108 N.L.R.B. 182 (N.L.R.B. 1954)

182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD at the hearing , the Employer reiterated its position that it was a part of the multiemployer group. Accordingly , as the unit sought by the Petitioner is too limited in scope and therefore inappropriate , we shall dismiss the petition.8 [The Board dismissed the petition.] Member Beeson took no part in the consideration of the above Decision and Order. SSee Des Moines Packing Company, 106 NLRB 206; Atlas Storage Division , P & W Atlas Industrial Center, Inc., 100 NLRB 1443 at 1444; and Associated Shoe Industries of Southeastern Massachusetts , Lac., etal., 81 NLRB 224 at 229. BILLBOARD PUBLISHING COMPANY and AMALGAMATED LITHOGRAPHERS OF AMERICA, LOCAL NO. 8, CIO, Petitioner . Case No. 9-RC- 2130 . April 8, 1954 ORDER DENYING MOTION FOR RECONSIDERATION On February 12, 1954 , the Board issued an unpublished Decision and Order in the above - entitled proceeding, and there- after on March 3, 1954 , the Petitioner filed a motion for reconsideration of the said Decision. The original petition was dismissed on the ground that the requested unit of offset pressmen did not meet the Board's minimum requirement of at least two employees . The Petitioner states, in its motion , that the unit now consists of two full- time offset employees and therefore requests that the Board find the requested unit appropriate. Because in the original Decision the Board found the unit inappropriate , it found it unnecessary to resolve the contract- bar issue raised by the Intervenor ( Cincinnati Printing Press- men and Assistants ' Union No. 11 ). However, we find it unnec- essary to reconsider the issue now raised concerning the appropriateness of the unit , as we hereafter find that the Intervenor ' s contract with the Employer is a bar to the pro- ceeding. As bearing on the issue of contract bar, the evidence dis- closes that it has been the practice for the Intervenor to nego- tiate collective'-bargaining agreements with the Cincinnati Printers League, an employer association , and thereafter to secure the same terms and conditions from individual non- members such as the Employer . Following the execution of the agreement between the League and the Intervenor on,April 7, 1950, the Employer signed a written instrument , to which a copy of the League agreement was attached , stating that the 108 NLRB No 44. THE DIAMOND MATCH COMPANY 183 Employer "hereby subscribes to the attached agreement and wage scales."' The League agreement , effective from January 1, 1950, until January 1 , 1951, containing a 60-day automatic renewal clause, was automatically renewed from year to year thereafter up to and including the present year 1954 . Although that agreement specifically covered all types of pressmen , it did not contain a wage scale for offset pressmen . However, as the League agree- ment is a detailed bargaining agreement covering , so far as offset pressmen are concerned , such subjects as vacations, holidays , overtime shift differentials , and grievance procedure, we find that the agreement substantially stabilizes labor rela- tions between the parties as to the offset pressmen , even though it leaves the wage provisions concerning this category for future negotiations .' As the Petitioner ' s request to represent the Employer ' s offset pressmen was made after the automatic renewal date of the original agreement between the Intervenor and Employer , we find that that agreement as automatically renewed constitutes a bar to this proceeding. [The Board denied the motion for reconsideration. ] Members Rodgers and Beeson took no part inthe considera- tion of the above Order Denying Motion for Reconsideration. 1 Although the instrument signed by the Employer contains no specific employment pro- visions , its reference to the "attached agreement " is a sufficient incorporation by reference of the terms of the existing agreement between the League and the Intervenor . See the Car- borundom Company, 78 NLRB 91, and Armour Company, 66 NLRB 209; cf. Bethlehem Steel Company, 95 NLRB 1508. 'See Radio Corporation of America, RCA Division, 107 NLRB 993, page 5; Spartan Aircraft Company, 98 NLRB 75, and cases cited therein. THE DIAMOND MATCH COMPANY and LOCAL 191, INTER- NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF- FEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, Petitioner THE DIAMOND MATCH COMPANY, d/b/a THE NORWALK LUMBER COMPANY and LOCAL 191, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE- HOUSEMEN AND HELPERS OF AMERICA, AFL, Petitioner. Cases Nos . 2-RC-6370 and 2-RC-6371. April 8, 1954 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed ,' under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held 1The petition in Case No. 2-RC- 6371 and other formal papers are hereby amended to show the correct name of the Employer named therein. 108 NLRB No. 46.