Magill-Weinsheimer Co.

National Labor Relations Board - Board Decisions

Dec 23, 1940

28 N.L.R.B. 767 (N.L.R.B. 1940)

In the Matter Of MAGILL -WEINSHEIMER COMPANY and CHICAGO
PHOTOENGRAVERS UNION No. 5, AFFILIATED WITH THE A. F. OF L.
Case No. R-2192.-Decided December 23, 1940
Investigation and Certification of. Representatives : stipulation for certification
upon consent election.
Mr. Lester Asher, for the Board.
Mr. Isaac M. Mills, of Chicago, Ill., for the Company.
Mr. William J. Schragle, of Chicago, Ill., for the Union.
Mr. N. Barr Miller, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On November 4, 1940, Chicago Photoengravers Union No. 5, affili-
ated with the A. F. of L., herein called the Union, filed with the
Regional Director for'the Thirteenth Region (Chicago, Illinois) a
petition alleging that a question affecting commerce has arisen con-
cerning the representation of employees of Magill-Weinsheimer
Company, herein called the Company, engaged in the business of
printing, preparation, manufacture and sale of displays, labels,
catalogues, calendars, folders, and photoengravings at Chicago, Illi-
nois, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On November 8, 1940, the Na-
tional Labor Relations Board, herein called the Board, acting pursu-
ant 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 November 20, 1940, the Company, the Union, and Lester
Asher, attorney for the Board, entered into a "Stipulation for Cer-
tification Upon Consent Election." .
Pursuant to the- Stipulation, an election by secret ballot was con-
ducted on November 29, 1940, under the direction and supervision
28N L.R.B,No 116.
767
768 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Regional Director, among all photoengravers and apprentices
employed by the Company, to determine whether or not said em-
ployees desired to be represented for the purposes of collective bar-
gaining by the Union. On November 30, 1940, the Regional Director
issued and duly served upon the parties his Election Report on the
ballot. No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
In his Election Report, the Regional Director reported as follows
concerning-the balloting and its results:
Total number on eligible list________________________________ 24
Total number of ballots cast________________________________ 24
Total number of ballots cast for the Union ------------------ 17
Total number of ballots cast against the Union -------------- 7
Total number of challenged ballots --------------------------- 0
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Upon the basis of.the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Magill-Weinsheimer Company, Chicago,
Illinois, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All photoengravers and apprentices employed by the Company
constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. Chicago Photoengravers Union No. 5, affiliated with the A. F.
of L., has been designated and selected by a majority of the em-
ployees in the above unit as their representatives for the purposes
of collective bargaining, and is the exclusive representative of all
the employees in said unit within the meaning of Section 9 (a) of
the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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,
IT Is HEREBY CERTIFIED that Chicago Photoengravers Union No. 5,
affiliated with the A. F. of L., has been designated and selected by
a majority of the photoengravers and apprentices employed bye
Magill-Weinsheimer Company, Chicago, Illinois, as their representa-
MAGILL-WEINSHEIMER COMPANY 769
tive for the purposes of collective bargaining, and that pursuant to
the provision of Section 9 (a) of the Act, Chicago Photoengravers
Union No. 5, affiliated with the A. F. of L., is the exclusive repre-
sentative of all such employees for the purposes of collective bar-
gaining iii respect to rates of pay, wages, hours of employment,\and
other conditions of employment.