Northern Electrotype Co.

National Labor Relations Board - Board Decisions

Nov 12, 1941

36 N.L.R.B. 832 (N.L.R.B. 1941)

In the Matter of NORTHERN ELECTROTYPE COMPANY and DETROIT
MAILERS UNION No. 40, SUBORDINATE UNION OF THE INTERNATIONAL
TYPOGRAPHICAL UNION, INDEPENDENT
In the Matter of MICHIGAN ELECTROTYPE & STEREOTYPE Co. and
DETROIT MAILERS UNION No. 40,. SUBORDINATE UNION OF THE
INTERNATIONAL TYPOGRAPHICAL 'UNION, INDEPENDENT
In the Matter of THE BELL ELECTROTYPING COMPANY and INTERNA-
TIONAL STEREOTYPERS' AND ELECTROTYPERS' UNION OF NORTH AMER-
ICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LAEOI:.
In the Matter of DETROIT ELECTROTYPE COMPANY and INTERNATIONAL
STEREOTYPERS' AND ELEOTROTYPERS' UNION OF NORTH AMERICA, AFFIL-
IATED WITH THE AMERICAN FEDERATION OF LABOR
In the Matter of MICHIGAN ELECTROTYPE & STEREOTYPE Co. and
INTERNATIONAL STEREOTYPERS' AND ELECTROTYPERS'UNION OF NORTH
AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF*LABOR
In the Matter of NORTHERN ELECTROTYPE COMPANY AND INTERNATIONAL
STEREOTYPERS' AND ELECTROTYPERS' UNION OF NORTH AMERICA,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Cases Nos. R-2872 to R-2877 inclusive-Decided November 12, 1941
Jurisdiction : electrotyping industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives; dispute as to appropriate unit; election
necessary.
Unit Appropriate for Collective Bargaining : multiple employer unit : employees
in the mailing and shipping departments, wax casters, cast scrapers, case
cleaners, mat cutters, and metal sawers, employed by two Companies held
to constitute a single unit.
Miller, Canfield, Paddock & Stone, by Mr. George D. Miller, of
Detroit, Mich., for the Companies and the Association.
Beaumont, Smith & Harris, by Mr. Thomas E. Wilson, of Detroit,
Mich., for the I. S. & E.
Mr. Max Burns, of Detroit, Mich., for the Mailers Union.
Mr. Louis Cokin, of counsel to the Board.
36 N. L. R. B., No. 173.
832
NORTHERN ELECTROTYPE COMPANY
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
833
On May 5, 1941, Detroit Mailers Union' 'No. 40, subordinate union
of the International Typographical Union, herein called the Mailers
Union, filed with the Regional Director for the Seventh Region (De-
troit, Michigan ) separate petitions alleging that questions affecting
commerce had arisen concerning the representation of employees of
Northern Electrotype Company and Michigan Electrotype & Stereo
-type Co., both of Detroit, Michigan, and requesting investigations and
certifications of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On May 14 and June 7, 1941, respectively , International Stereotypers'
and Electrotypers' Union of North America, affiliated with the Ameri-
can Federation of Labor, herein called the I. S. & E., filed with the
Regional Director petitions and amended petitions alleging that ques-
tions affecting commerce had arisen concerning the representation
of employees of The Bell Electrotyping Company , Detroit Electro-
type Company, Michigan Electrotype & Stereotype Co., and Northern
Electrotype Company, all of Detroit , Michigan , herein called the
Companies, and requesting investigations and certifications of repre-
sentatives pursuant to Section 9 (c) of the Act. On July 29, 1941,
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 investigations in each of the cases and authorize&
the Regional Director to conduct them and to provide for appropriate
hearings upon due notice and, acting pursuant to Article III, Section
10 (c) (2 ), of said Rules and Regulations , ordered that the cases be'
consolidated.
On August 5, 1941, the Regional Director issued -a notice of hear-
ing, copies of which were duly served upon the Companies , the I. S.
& E., and upon . Detroit Employing Electrotypers and Stereotypers
Association , herein, called the Association; an employee organization.
Pursuant to notice , a hearing was held on August 13 , 1941, at Detroit,
Michigan , before Robert J. Wiener, the Trial Examiner duly desig-
nated by the Chief Trial Examiner . At the commencement of the
hearing the Trial Examiner granted a motion of the Association to
intervene . The Companies , the I . S. & E., and the Association were
represented by counsel and participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
433118-42-vol. 36--54
834 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD
introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing, the Trial Examiner made several
rulings on other motions and on objections to the admission of evi-
dence. The Board has reviewed these rulings and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
It having appeared that the Mailers Union was not served with
notice of hearing, the Board, on September 3, 1941, issued an order
directing a further hearing. On September 8, 1941, the Regional Di-
rector issued a notice of further hearing, copies of which were duly
served upon the Companies, the I. S. & E., the Association, and the
Mailers Union. Pursuant to notice, a further hearing was held on
September 16, 1941, before Robert J. Wiener, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company, the Associa-
tion, the I. S. & E., and the Mailers Union were represented and par-
ticipated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During 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 these rulings
and finds that no prejudicial errors were committed. The rulings
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
Northern Electrotype Company is a division of Rapid Electrotype
Company, an Ohio corporation with its principal place of business
in Cincinnati, Ohio. During 1940, Northern Electrotype Company
purchased, for operations at its Detroit, Michigan, plant, raw ma-
terials valued in excess of $50,000, approximately 60 per cent of which
was shipped to it from points outside the State of Michigan. During
the same period the Company sold finished products valued in excess
of $300,000, over $75,000 worth of which was shipped by it to points
outside the State of Michigan.
Michigan Electrotype & Stereotype Co. is a Michigan corporation
with its principal place of business at Detroit, Michigan. During
1940, it purchased raw materials valued in excess of $40,000, approx-
imately 70 per cent of which was shipped to it from points outside
of the State of Michigan. During the same year, its sales exceeded
$300,000 in value, approximately 70 per cent of which represented
goods shipped by it to points outside the State of Michigan.
The Bell Electrotyping Company is a Michigan corporation with
its principal office and place of business at Detroit, Michigan. Dur-
NORTHERN ELECTROTYPE ' COMPANY 835
ing 1940 , it purchased raw materials valued in excess of $20,000, ap-
proximately 55 per cent of which was shipped to it from points
outside the State of Michigan . During the same period , its sales
exceeded $150,000 in value, approximately $30,000 of which repre-
sented products shipped by it to points outside the State of Michigan.
Detroit Electrotype Company is a Michigan corporation with its
principal place of business in Detroit , Michigan . During 1940, it
purchased raw materials valued at approximately $30,000, about
331/3 per cent of which was shipped to it from points outside the
State of Michigan . During the same year , it sold goods valued in
excess of $155,000, over $25,000 of which represented goods shipped
by it to points outside the State of Michigan.
The Companies admit that they are engaged in commerce within
the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Detroit Mailers Union No. 40, subordinate union of the Inter-
national Typographical Union, is an unaffiliated labor organization
admitting to membership employees of the Companies.
International Stereotypers ' and Electrotypers ' Union of North
America, is a labor organization affiliated with the American Fed-
eration of Labor. It admits to membership employees of the
Companies.
III. THE ASSOCIATION
Detroit Employing Electrotypers and Stereotypers Association was
organized in 1924 by representatives of four electrotyping and stereo-
typing companies operating in Detroit . The president of the Asso-
ciation testified that the purposes of the Association were to maintain
business ethics and to negotiate labor contracts for its . members.
Since 1924 the Association has carried on all collective bargaining
functions for its members. The Association has negotiated and
signed contracts with organizations representing skilled employees
and truck drivers in the past. The Association admits that it is an
employer within the meaning of the Act.
IV. THE QUESTION CONCERNING REPRESENTATION
On February 15, 1941, the Mailers Union requested two of the
Companies to recognize it as the exclusive representative of certain of
their employees . The Companies denied these requests , asserting
that the units urged by the Mailers Union were inappropriate. On
April 23, 1941 , the I . S. & E. requested the Association to recognize
it as exclusive representative of all unskilled employees,of the Com-
836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
panies. The Association denied this request stating that another
labor organization was also claiming a majority.
A statement of the Regional Director, introduced in evidence at
the hearing, shows that the Mailers Union and the I. S. & E. each
represent, a substantial number of employees in the units alleged
by each to be appropriate.,
We find. that a question has arisen concerning the representation
of employees of the Companies.
V. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Association
and the Companies, described in Sections I and III above, has a close,
intimate, and substantial relation to trade, traffic, and commerce
among the several States and tends to lead to labor disputes burden-
ing and obstructing commerce and the free flow of commerce.
VI. THE APPROPRIATE UNIT
The Mailers Union contends that all mailing and shipping depart-
ment employees of Northern Electrotype Company, and 'Michigan
Electrotype & Stereotype Co., constitute two separate appropriate
bargaining units. The Companies, the Association, and the I. S. & E.
urge that all employees in the mailing and shipping departments,
wax casters, cast scrapers, case cleaners, mat cutters, and metal savers;
employed by the Companies constitute a single appropriate unit.
The latter unit is composed of all unskilled . employees of the Com-
panies and includes the employees claimed by the Mailers Union. A
representative of the Mailers Union stated at the hearing that at the
present time it has no membership among any of the employees of
the Companies. It appears that the Association has negotiated Asso-
ciation-wide contracts with other labor organizations covering all the
skilled employees of the Companies. Under the circumstances, we
find that an Association-wide unit is appropriate.
We find that all employees in the mailing and shipping departments,
wax casters, cast scrapers, case cleaners, mat.cutters,, and metal sawers,
employed by the. Companies constitute a single unit appropriate for
, The Regional Director reported that the Mailers Union presented three designation
cards bearing the names of persons who appear on the July 3, 1941 , pay roll of Northern
Electrotype Co., Inc . There are six employees in the alleged appropriate unit on this pay
roll. He further reported that the Mailers Union submitted four designation cards bearing
the names of persons who appear on the July 3, 1941 , pay roll of Michigan Electrotype &
Stereotype Co., Inc . There are six employees in the alleged appropriate unit on this payroll.
The Regional Director also reported that the I. S. & E. presented 18 designation cards
signed by persons who appear on the July 3, 1941, pay rolls of the Companies. There are,
18 employees on these pay rolls in the unit alleged to be appropriate by the I. S. & E.
. NORTHERN ELECTROTYPE COMPANY 837
-the purposes of collective bargaining and that such unit will insure to
employees of the Companies the full benefit of their right to self-
organization and to collective bargaining and otherwise will effectuate
the policies of the Act.
VII. THE DETERMINATION OF REPRESENTATIVES
The I. S. & E. seeks to be certified on the basis of the record. The
I. S. & E. and the Association stipulated at the hearing that the
I. S. & E. represents all the employees in the appropriate unit. How-
ever, because of prior membership in the Mailers Union by employees
of the Companies, we find that the question concerning representation
which has arisen can best be resolved by the holding of an election
by secret ballot. We shall direct that the employees of the Companies
eligible to vote in the election shall be those in the appropriate unit
who were employed during the pay-roll period immediately preceding
the date of the Direction of Election herein, subject to the limitations
and additions set forth in the Direction.
Since we have not upheld the contentions of the Mailers Union as to
the appropriate unit, we will allow the Mailers Union, if it desires, to
withdraw its name from the ballot by giving notice to that effect to
the Regional Director within five (5) days from the date of the
Direction of Election herein.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS or LAw
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Northern Electrotype Company, Michigan
Electrotype & Stereotype Co., The Bell Electrotyping Company, and
Detroit Electrotype Company, Detroit, Michigan, within the meaning
of Section,9 (c) and Section 2 (6)^ and (7) of the National Labor
Relations Act.
2. All employees in the mailing and shipping department, wax
casters, cast scrapers, case cleaners, mat cutters, and metal sawers of
the Companies, constitute a single unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National 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
2 See Matter of Armour dG Company and United Packinghouse Workers, Local Industrial
Union No. 1s of Packinghouse Workers Organizing Committee, affiliated with C. I. 0.,
13 N. L. R. B. 567.
-838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions 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 Northern Electrotype Company, Michigan Electrotype & Stereo-
type Co., The Bell Electrotyping Company, and Detroit Electrotype
Company, Detroit, Michigan, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) clays from
the date of this Direction, under the direction and supervision of the
Regional Director for the Seventh 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 mailing and shipping departments, wax casters, cast scrapers, case
cleaners, mat cutters, and metal sawers of the Companies who were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during such
pay-roll period because they were ill or on vacation or in the active
military service or training of the United States, or temporarily laid
off, but excluding employees who have since quit or been discharged
for cause, to determine whether they desire to be represented by In-
ternational Stereotypers' and Electrotypers' Union of North America,
affiliated with the American Federation of Labor, or by Detroit Mailers
Union No. 40, subordinate union of the International Typographical
Union, for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.