Court Square Press, Inc.

National Labor Relations Board - Board Decisions

Mar 19, 1965

151 N.L.R.B. 861 (N.L.R.B. 1965)

COURT SQUARE PRESS, INC., ETC. 861
side, and Oasis Theatres constitute a single employer for jurisdic-
tional purposes under the Act.' As the annual gross volume of
business of the four theaters exceeds $500,000, the combined opera-
tions of the Employer, Mid Central, the Oasis and Hillside Theatre
partnerships not only come within the Board's statutory jurisdiction
but would also satisfy the Carolina standard for the assertion of
jurisdiction over retail enterprises.
Accordingly, the parties are advised under Section 102.103 of the
Board's Rules and Regulations, Series 8, as amended, that upon the
allegations submitted herein, the Board would assert jurisdiction
over the operations of the Employer, Mid Central, and the Oasis
and Hillside limited partnerships as a single enterprise with respect
to disputes cognizable under Sections 8, 9, and 10 of the Act.
5 Our assumption is justified by Board decisions in analogous situations . See, e g.,
Sakrete of Northern California, Inc., supra ; Overton Markets, Inc., et al., 150 NLRB
1159, 142 NLRB 615; Hartford Building Maintenance Company, Inc. (Connecticut State
Board of Labor Relations ), 145 NLRB 1415
Court Square Press, Inc.; 1 Court Square Bank Note Company; 2
Allied Photoengraving Company 3 and Boston Printing Press-
men's Union #67, International Printing Pressmen and Assist-
ants' Union of North America, AFL-CIO,' Petitioner
Allied Photoengraving Company and Lithographers and Photo-
engravers International Union , Local #3-P,5 Petitioner
Court Square Press, Inc. and Lithographers and Photoengravers
International Union , Local #3-Ls Petitioner . Cases Nos. 1-RC-
8129,1-RC-8150, and 1-RC-8151. March 19, 1965
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9(c) of the National
Labor Relations Act, as amended, a consolidated hearing was held
before Hearing Officer Arnold M. Marrow, of the National Labor
Relations Board. The Hearing Officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board has
delegated its powers in connection with these cases to a three-member
panel [Members Fanning, Brown, and Jenkins].
' The Employer's name appears as amended at the hearing.
The Employer ' s name appears as amended at the hearing.
s The Employer ' s name appears as amended at the hearing.
The Petitioner 's name appears as amended at the hearing Referred to herein as
Pressmen.
5 Referred to herein as Photoengravers.
9 Referred to herein as Lithographers.
151 NLRB No. 95.
862 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in these cases including briefs filed by all
parties, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act and it will effectuate the purposes of the Act to assert
jurisdiction herein.
2. The labor organizations involved claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2(6) and (7) of the Act.
4. In the first petition, Case No. 1-RC-8129, Pressmen requests an
election in a single, overall unit of production and maintenance
workers employed by Court Square Press, Inc., Court Square Bank
Note Company, and Allied Photoengraving Company, the three
separate entities referred to herein as the Court Square Complex or
the Employer. The Lithographers, Petitioner in Case No. 1-RC-
8151, seeks a separate departmental unit of lithographic preparatory
and production workers employed by Court Square Press, Inc., or,
alternatively, a unit of lithographic preparatory and production
workers employed by Court Square Press, Inc., and Court Square
Bank Note Company. In Case No. 1-RC-8150, the Photoengravers
seeks a separate craft unit of all photoengraving employees employed
by Allied Photoengraving Company. The Employer opposes the
separate units sought by Lithographers and Photoengravers, con-
tending that a single unit of all production and maintenance workers
employed by the three firms as sought by Pressmen constitutes the
only appropriate unit.
The threshold question is whether the three firms comprising Court
Square Complex should be treated as a single employer for purposes
of collective bargaining. In this connection, the record shows that
the parent company, Court Square Press, Inc., is a Massachusetts
corporation, engaged in the commercial printing and bindery busi-
ness. Court Square Press, Inc., organized Court Square Bank Note
Company to handle the printing, imprinting, and binding of checks,
and established Allied Photoengraving Company to perform its
photoengraving operations. Virtually all the stock of the three
firms is owned by Joe Greenbaum and his wife. Greenbaum is the
president of each firm and together with George Corman, general
manager of the three companies, he controls their operations and
sets the labor relations policies for their employees. The firms are
situated in the same building, commonly share many facilities, and
perform integrated operations in a manner characteristic of various
COURT SQUARE PRESS, INC., ETC. 863
departments within a typical, singly owned commercial printing
operation.
The foregoing clearly establishes that Court Square Press, Inc.,
Court Square Bank Note Company, and Allied Photoengraving Com-
pany constitute a single employer for collective-bargaining purposes.
There is no dispute as to the general appropriateness and scope of
the overall production and maintenance unit. Accordingly, we turn
to the question of whether the lithographic workers and photo-
engravers, respectively, may constitute separate appropriate units.
The Employer operates a combination shop utilizing both letter-
press and lithographic techniques. A third technique, similar to that
referred to in the industry as letterset printing, is also used.7
Whether a particular order will be run on letterpress or lithographic
equipment depends upon the availability of equipment, the number
of colors to be printed, or the compatibility of the different processes
with the desired product.
Some 272 employees, none of whom is presently represented by a.
labor organization, are engaged in the various operations of the
Employer, which in addition to printing preparatory and press
activities, include stock cutting, die cutting, maintenance, shipping,
and bindery work. All activities are performed on four floors of a
six-story building. The major portion of the printing work is per-
formed on the third floor where the photoengraving, letterpress, and
composing rooms are located. Various lithographic departments,
including art, offset platemaking, offset press,' and camera are also
situated on the third floor,9 but in a separate area from nonlitho-
graphic operations. Court Square Bank Note Company occupies
the fourth floor. Its operations include two small offset and five
multigraph presses.
The lithographic department: The Lithographers seeks a separate
unit of 69 employees engaged in lithographic preparatory and press
operations, in accordance with Board policy permitting the estab-
lishment of such a unit where those employees constitute a cohesive
group, if they desire separate representation. In prior proceedings
involving the Employer, the Board first, on petition of the Pressmen,
declined to direct an election in a unit including both offset and
4 This process embraces characteristics of both letter and offset printing in that it
involves the use of high etch relief plates, which resemble letterpress plates , on offset
printing equipment . The testimony indicates that the Employer pioneered the use of
high etch relief plates, having used them for a period of 40 years.
8 The offset pressroom on the third floor houses 16 multicolor presses. Two additional
offset presses are located on the second floor.
e With the exception of the dot etching group and two strippers located on the fourth
floor, and a plate grainer located on the first floor , all lithographic preparatory workers
are on the third floor
864 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
letterpress employees,10 and subsequently, on petition of the Lithogra-
phers, found a unit composed of lithographic employees to be appro-
priate.11 We find no reason to reach a contrary conclusion at the
present time. Thus, there is no merit in the contention that the
distinction between the Employer's letterpress and lithographic
employees has been blurred to a degree precluding the establishment
of a separate lithographic unit.
The Employer's practice is to assign a basic crew to do lithographic
work and another for letterpress work. Those engaged in litho-
graphic operations utilize standard lithographic equipment, perform
customary lithographic duties, and exercise skills normally associated
with the traditional lithographic process. As a general rule, litho-
graphic employees are subject to separate supervision and work in
different areas from those engaged in nonlithographic operations.
With the exception of the sporadic use of lithographic press
assistants in nonlithographic operations, and the occasional assign-
ment of a single plateroom worker to assist in photoengraving,
lithographic employees are confined to their respective jobs in the
overall lithographic production operation. Although there is no
formal apprenticeship or promotion system governing advancement
under either process, the established custom has been to promote
individuals, as they acquire proficiency, to higher rated jobs within
the department to which they were initially assigned. Further, the
record clearly establishes that with the exception of size, the
Employer's operations, equipment, and departmental functions are
the same as they were when the Board issued its earlier decisions
involving the Employer.
On all of the foregoing, the facts herein do not warrant a departure
from established Board policy permitting separate lithographic
units where there is minimum interchange and technological adjust-
ments which do not destroy the cohesive identity of lithographic
employees.12 Accordingly, We find that It separate unit of the
Employer's lithographic preparatory and process workers may be
10 In Court Square Press , Inc., 46 NLRB 1078, the Board reconsidered Its earlier di-
rection of election In 44 NLRB 702 and excluded offset pressmen from a unit which
Included employees engaged In letterpress operations.
n Court Square Press, Inc., 92 NLRB 1516.
v KVP Sutherland Paper Company -Sutherland Division, 146 NLRB 1553 . We view
Weyerhaeuser Company , 142 NLRB 1169 , and Packaging Corporation of America, 146
NLRB 1620 , relied on by the Employer and Pressmen , as distinguishable on their facts,
for, we are not here confronted with broad technical innovations , either actual or planned,
altering the separate Identity of the lithographic group. Although the use of high
etch relief plates is cited to show integration of processes , the record reveals that the
Employer ' s use of this technique dates back to the Inception of offset operations, that
it currently accounts for but 11 percent of the total dollar volume of lithographic output,
that it has not resulted in substantial interchange or operational integration and, hence,
that a blending of lithographic and letterpress operations has not resulted to a degree
precluding appropriateness of a separate lithographic unit. See Allen, Lane & Scott,
etc., 137 NLRB 223.
COURT SQUARE PRESS, INC., ETC. 865
appropriate, if these employees desire separate representation. Flow-
ever, in accord with the alternative request of Lithographers, we shall
include the lithographic employees of Court Square Bank Note
Company in the lithographic voting group. We have heretofore
found that that firm constitutes It single employer together with
Court Square Press, Inc., for purposes of collective bargaining. It
further appears that these employees operate offset presses and have
a community of interest with other lithographic workers. Accord-
ingly, they shall be given the opportunity to express their desire for
separate representation by Lithographers along with other litho-
graphic preparatory and production employees.
The photoengravers: The Employer's photoengraving operations
are conducted in a separate department consisting of three photo-
engravers who have been employed in that department for a sub-
stantial period of time. In performing their duties, these individuals
utilize photoengraving skills and equipment, and are rarely, if ever,
assigned work outside the area of their special skills. The Board
has held that similar employees in the printing industry constitute a
craft group. As no reason appears for a contrary conclusion here,
we find that the photoengravers may constitute a separate craft unit,
if they so desire.13
Having found that the lithographic employees sought in Case No.
1-RC-8151, and the photoengravers sought in Case No. 1-RC-8150,
may, if they so desire, constitute separate appropriate units, we shall
not make any final unit determinations at this time, but shall first
ascertain the desires of the employees, by directing elections in the
following voting groups :
(a) All lithographic preparatory and production employees of
Court Square Complex at its Boston, Massachusetts, plant, including
all employees in the offset press, offset plate, art, and camera depart-
ments, and dot etchers, strippers, and plate grainers, but excluding
office and clerical employees, guards, and supervisors 14 as defined in
the Act.
'3 Waldorf Paper Products Company, 100 NLRB 618 ; Oswego Falls Corp., 112 NLRB 92.
14 The parties stipulated , the record shows, and we find, that David Guttell is in charge
of offset production and that he is a supervisor within the meaning of the Act, and, ac-
cordingly , we exclude him from the lithographic voting group Similarly , as Eugene
Fitzgerald is responsible for the work of the offset pressmen , responsibly directs them in
the performance of their duties , and spends the great majority of his time performing
supervisory functions , we find that he is a supervisor within the meaning of the Act
and exclude him from said voting group . However, as Wilson of the art room, Eihly
of dot etching, and Reddy of the offset plate room have no authority to hire, fire, or
effectively to recommend such action , and as they spend almost all of their time per-
forming rank-and-file duties, distributing work to others only under orders from Gut-
tell, we find that they are not supervisors and include them in the lithographic voting
group.
783-133-66-vol. 151-56
866 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) All photoengravers employed in the photoengraving depart-
ment of Court Square Complex at its Boston, Massachusetts, plant,
excluding office and clerical employees, guards, and supervisors 15
as defined in the Act.
(c) All production and maintenance employees of the Court
Square Complex at its Boston, Massachusetts, plant, including ship-
ping and maintenance employees, but excluding office clerical employ-
ees, guards, and supervisors 16 within the meaning of the Act, and
employees included in voting groups one and two.
5. If a majority of employees in voting group (a) and/or (b)
select the union seeking to represent them separately, those employ-
ees will be taken to have indicated their desire to constitute a sepa-
rate bargaining unit and the Regional Director conducting the
election is instructed to issue a. certification of representative to the
labor organization seeking and selected by the employees in each
group for such unit, which the Board finds appropriate for the
purposes of collective bargaining. On the other hand, if a majority
of the employees in voting group (a) and/or (b) do not vote for the
union which is seeking to represent them in a separate unit, that
group will appropriately be included in the production and mainte-
nance unit and their votes shall be pooled with those in voting group
(c),17 and the Regional Director conducting the election is instructed
to issue a certification of representative to the labor organization
selected by a majority of the employees in the pooled group, which
the Board, in such circumstances, finds to be a single unit appro-
priate for purposes of collective bargaining.
[Text of Direction of Election omitted from publication.]
15 There being no showing that Lawrence Casale responsibly directs the work of other
employees , and as the record establishes that he spends about 95 percent of his time
doing the same type of work as the other two photoengravers and has no authority to
hire, fire, or effectively to recommend such action , we find that he is not a supervisor,
and include him in the photoengraving voting group.
10 The parties stipulated and the record shows that Eugene Smith is responsible for
the fourth floor operations of Court Square Bank Note Company and that he is a super-
visor within the meaning of the Act; accordingly , we exclude him from the voting group.
Additionally , as Magnell of the letterpress room, Gentile of the bindery , and Dillion of
the fourth floor pressroom spend about 90 percent of their working time passing out
work and responsibly directing rank -and-file employees in the performance of their duties,
we find them to be supervisors and exclude them from the voting group. As Backoff,
Marlin, Mary Casey, and Myers have no authority effectively to recommend hire or dis-
charge, do not responsibly direct work of others , and spend almost all of their time per-
forming rank -and-file work , we find them to be nonsupervisory employees and include
them in the voting group . Further, since the record is inconclusive with respect to the
status of Foreman Katler of the composing room, we shall permit him to vote subject
to challenge.
17 If the votes are pooled, they are to be tallied in the following manner: The votes
for the union seeking the separate unit shall be counted as valid votes , but neither for
nor against the union seeking to represent the more comprehensive unit; all other votes
are to be accorded their face value, whether for representation by the union seeking
the comprehensive group or for no union.