M. L. Bath Co., Ltd.Download PDFNational Labor Relations Board - Board DecisionsMar 26, 194239 N.L.R.B. 1163 (N.L.R.B. 1942) Copy Citation In the Matter of M. L. BATH Co., LTD. and SHREVEPORT TYPOORAPI 1- CAL UNION No. 155, UNAFFILIATED Case No. R-3564.-Decided March 26, 1942 Jurisdiction : office equipment retailing and paper office supplies printing industry. Investigation and Certification of Representatives : existence of 'question. re- fusal to accord union recognition; eligibility determined in accordance with desires of parties; election necessary. Unit Appropriate for Collective Bargaining : all employees of the Company's composing room, including foremen, assistant foremen, operators of line-set- ting and line-casting machines, operators of all tape-perforating machines, proofreaders, hand compositors, make-up men, lock-up men, stone men, rubber- stamp makers, layout men, apprentices, and beginners, but excluding the me- chanical superintendent of the plant, and also excluding any pressmen, book- binders, or office boys who may be carried on the composing-room pay roll. Mr. Simon Herold, of Shreveport, La., for the Company. Mr. John M. Titone, of Shreveport, La., for the Union. Mr. George H. Gentithes, of counsel to'the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 13, 1942, Shreveport Typographical Union No. 155, unaffiliated, hereinafter called the Union, filed with the Regional Di- rector for the Fifteenth Region (New Orleans, Louisiana) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of M. L. Bath Co., Ltd., Shreveport, Loui- siana, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Sta't. 449, herein called the Act. On February 3, 1942, 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 39 N. L. R. B, No. 215 1163 1164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On February 13, 1942, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on February 21, 1942, at Shreveport, Louisiana, before Charles A. Kyle, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented and participated in the hearing. Full oppor- tunity to be'heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. Dur- ing 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 af- firmed. The Company filed a brief which the Board has considered., Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY M. L. Bath Co., Ltd., Shreveport, Louisiana, is a Louisiana corpora- tion engaged in merchandising office equipment and supplies through its warehouse in Shreveport and retail establishments and in manu- facturing and printing various paper office supplies in its plant. The gross annual sales of the Company are approximately $500,000, and its gross purchases of raw materials and manufactured articles amount to approximately $350,000 annually. Approximately one-third of the manufactured products sold by the Company are shipped out of the State of Louisiana. Over 90 percent of its purchases are shipped to the Company at Shreveport from outside the State of Louisiana. II. THE ORGANIZATION INVOLVED Shreveport Typographical Union No. 155 is an unaffiliated labor organization admitting to membership employees of the Company. Ill. THE QUESTION CONCERNING REPRESENTATION The Company has refused to bargain collectively with the Union, questioning its claim to represent the majority of the Company's em- ployees in the composing room. A statement of the Regional Director introduced in evidence at, the hearing shows that the Union repre- sents a substantial number of employees in the alleged appropriate 1 The parties stipulated certain corrections of the record The Board hereby adopts the corrections - and makes them part of the record. M. L. BATH CO.,: LTD. 1165 unit.2 We find that a question has arisen concerning the 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, I 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 The Union, in its petition, seeks a unit composed of "all employees in the composing- room , including foremen, assistant foremen, oper- ators of line setting and line casting machines, operators of all tape- perforating machines, proofreaders, hand compositors, make-up men, lock-up men, stone men, rubber-stamp makers, layout men, apprentices and beginners, but excluding the mechanical superintendent of the plant and also excluding any pressmen, bookbinders, or office boys who may be carried on the composing room pay roll." The Union, without objection from the Company, undertook to name those listed on the Company's pay roll who, would fall within the classifications set out in the above unit claimed to be appropriate .3 While it is the contention of the Company that its business is organ- ized on a plant-wide-basis and that therefore no marked delineation exists between composing-room employees and its other workers, the employees of the Company usually performing the-functions of com- posing-room employees have been identified with sufficient certainty by the Union. The Union's jurisdiction limits it to composing-room em- ployees who handle type and make type from type-casting and line- casting machines. Such employees have usually organized along craft lines. We are of the opinion that the unit sought by the Union is appropriate. We therefore find that all employees of the Company in the composing' room, including foremen, assistant foremen, operators of line-setting' and line-casting, machines, operators of all tape-per- 2 The Regional Director ' s statement shows that 11 applications for membership were submitted , dated between April 11 and November 19, 1941 All signatures thereon appear to be genuine. Nine of the signatures are names appearing on the Company 's pay roll of Tanuary 21, 1942 The total number of personstappearing on the Company's pay roll in the alleged appropriate unit was-13 3 Those named by the Union were 13 in all , and are as follows : Foreman in charge of all type setting ; 4 journeymen-in charge of Monotypes ; journeyman , floorman, and Mono- type operator ; journeyman-hand type setting , etc , apprentice-hand type setting, etc ; apprentice-rubber stamps and type setting , journeyman-hand type setting, etc. ; ad- vanced apprentice-hand type setting , etc ; advanced apprentice-Ludlow; appientice- Ludlow Three of the classifications set out in the petition do not appear on the pay roll These are : operators of line-setting and line-casting machines , layout men , and office boys 1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD forating machines, • proofreaders, hand compositors, make-up men, lock-up men, stone men, rubber-stamp makers, layout men, apprentices, and beginners, but excluding the mechanical superintendent of the plant and also excluding any pressmen, bookbinders, or office boys who may be carried on the composing-room pay roll, constitute a unit appropriate for the purposes of collective bargaining. We further find that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning reprensentation which has arisen can best be resolved by means of an election by secret ballot. The parties stipulated that in the event of an election, eligibility to vote should be determined by reference to the Company's pay roll of February 12, 1942. We shall direct that all employees in the appro- priate unit whose names appear on the February 12, 1942, pay roll,' subject to the limitations and additions set forth in the Direction, shall be eligible to vote. - 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 M. L. Bath Co., Ltd., Shreveport, Louisiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Company's composing room, including fore- men, assistant foremen, operators of line-setting and line-casting ma- chines, operators of all tape-perforating machines, proofreaders, hand compositors, make-up men, lock-up men, stone men, rubber-stamp makers, layout men, apprentices,, and beginners, but excluding the mechanical superintendent of the plant, and also excluding any press- men, bookbinders, or office boys who may be carried on the composing- room pay roll, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Na- tional 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 M. L. BATH CEO., LTD. 1167 Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with M. L. Bath Co., Ltd., Shreveport, Louisiana, 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 Fifteenth 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 employees in the Company's composing room, including foremen, assistant foremen, operators of line-setting and line-casting machines, operators of all tape-perforating machines, proofreaders, hand com- positors, make-up men, lock-up men, stone men, rubber-stamp makers, layout men, apprentices and beginners whose names appear on the Company's pay roll of February 12,1942, including employees who'did not work during such pay-roll period because they were ill or on vaca- tion, or in the active military service or training of the United States, or temporarily laid off, but excluding the mechanical superintendent of the plant, any pressmen, bookbinders, or office boys employed in the composing room, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Shreveport Typographical Union No. 155, unaffiliated, for the pur- poses of collective bargaining. 448105-42-vol. 39-75 Copy with citationCopy as parenthetical citation