Providence Lithograph Co.

National Labor Relations Board - Board Decisions

Jul 20, 1945

62 N.L.R.B. 1389 (N.L.R.B. 1945)

In the Matter Of PROVIDENCE LITHOGRAPH COMPANY and AMALGAMATED
LITHOGRAPHERS OF AMERICA , A. F. L.
Case No. 1-R-2439.-Decided July 20, 1945
Edwards U' Angell, by William C. Waring, Jr., of Providence, R. I.,
for the Company.
Mr. Benjamin M. Robinson, of New York City, for the Union.
Mr. Bruce C. Heath, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Lithographers of America,
A. F. L., herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Providence
Lithograph Company, Providence, Rhode Island, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Robert E. Greene, Trial Examiner. Said
hearing was held at Providence, Rhode Island, on May 21, 1945. The
Company and the Union appeared and participated. All parties were
afforded full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were affoded an opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Providence Lithograph Company is engaged in the manufacture
and printing of lithograph periodicals and sundry publications at its plant
at 15 Westminster Street, Providence, Rhode Island. The principal raw
62 N L. R. B, No 189.
1389
1390 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
materials used by the Company consist of paper and ink, which for the
calendar year of 1944, were valued in excess of $500,000, of which
approximately 98 percent came to the Company from points outside the
State of Rhode Island. During the same year periodicals and publications
valued in excess of $500,000 were produced by the Company, more than
90 percent of which was shipped to points outside of Rhode Island.
We find that the Company is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Amalgamated Lithographers of America, affiliated with the Ameri-
can Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about April 27, 1945, the Union notified the Company that it
represented a majority of the Company's employees and that it intended
to file a petition with the National Labor Relations Board. At a joint
conference, subsequently arranged, the parties could not agree to a con-
sent determination because a dispute arose over the appropriateness of
the unit involved. The Company takes the position that it cannot bargain
with the Union until a proper determination is made by the Board.
A statement of a Field Examiner, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of employ-
ees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks to represent the Company's production employees,
excluding clerical , supervisory and maintenance employees, and employees
in the bindery department. The Company contends that a unit including
employees in its bindery, or finishing department, but excluding mainte-
nance employees, is the most desirable. The record discloses no bargaining
history involving the Company's employees.
The operations of the Company are conducted in four departments
which are hQused in one building. The only dispute concerns the inclusion
or exclusion of the bindery department employees. The Company contends
that the bindery workers should be included because their work is closely
IThe Company repotted that the Union submitted 26 authorization cards' that the names of 26
persons appeatmg on the cards were listed on the Company 's pay roll of April 28, 1945, which con-
tained the names of 54 employees in the appropitate unit, and that the cards were dated 7 in April
1945, 8 dated before April, and 11 s cte undated
PROVIDENCE LITHOGRAPH COMPANY 1391
connected with that of its other production employees. It appears from
the record, however, that the employees in each department work with
different tools and equipment. The bindery employees use equipment
designed for folding, cutting, and stitching the products in the semi-finished
states. In contrast, the'employees in the engraving, platemaking, and press
departments employ photographic and printing equipment used in the vari-
ous phases of the production process. There is little interchange of employ-
ees between the bindery department and the other production departments,
and each department operates under the supervision of a separate foreman.
The Union's request that employees in the bindery department be excluded
is predicated, in part, upon the fact that such employees come within the
jurisdiction of another union affiliated with the American Federation of
Labor,' and that the Union desires to avoid any jurisdictional dispute with
that organization. The record indicates that the Union has not attempted
to organize the Company's bindery department employees. In view of the
foregoing, we shall grant the Union's request for their exclusion'
We find that all production employees at the Company's Providence,
Rhode Island, plant, excluding maintenance and clerical workers,' all
employees in the bindery department, executives, and departmental fore-
men,` constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning .of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees in
the appropriate unit who were employed during the pay-roll period immedi-
ately preceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.
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,
and pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Providence Lithograph
Company, Providence, Rhode Island, an election by secret ballot shall be
2 International Brotherhood of Bookbinders, A F L.
2 See Matter of Simpson Electric Company, 54 N L R B. 1479; Matter of Monsanto Chemical
Company, 53 N L. R. B. 784.
* This group includes plant clerks whom the parties agreed should be excluded.
5 Although foremen are usually included in units of rank and file employees in the printing trades
(see Matter of W. F. Hall Printing Co, 51 N L. R B 640), the parties in the instant case ate
agreed upon the exclusion of the departmental foremen, who appear to occupy positions comparable
to superintendents . Cf Matter of Chicago Rotoprint, 45 N. L R. B. 1263.
1392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Region-
al Director for the First Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article 111, Sections 10 and
11, of said Rules and Regulations, among the employees in the unit found
appropriate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including employ-
ees who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election, to
determine whether or not they desire to be represented by Amalgamated
Lithographers of America, affiliated with the American Federation of
Labor, for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Election.