M. L. Bath Co., Ltd.

National Labor Relations Board - Board Decisions

Mar 26, 1942

39 N.L.R.B. 1163 (N.L.R.B. 1942)

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