Rand McNally & Co.

National Labor Relations Board - Board Decisions

Jul 28, 1945

62 N.L.R.B. 1485 (N.L.R.B. 1945)

In the Matter of RAND MCNALLY & COMPANY and UNITED COMMERCIAL
ARTISTS & PHOTOGRAPHERS
Case No. 13-R-2943.-Decided July 28, 1945
Messrs. John Harrington and J. M. Votova, both of Chicago, Ill., for the
Company.
Mr. Elsner W. Adams, of Chicago, Ill., for the Union
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Commercial Artists & Photograph-
ers, herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Rand McNally
& Company, Chicago, Illinois, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Robert T. Drake, Trial Examiner. Said hearing was held at
Chicago, Illinois, on May 17, 1945. The Company and the Union appeared
and participated. All parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed All parties were afforded
an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Rand McNally & Company, an Illinois corporation , is engaged in pub-
lishing and map making at its plantsdocated in Chicago, Illinois , New York
City, and San Francisco , California. The Chicago plant is the only one
involved in this proceeding . During the past year, the Company purchased
62 N L R. 13, No 207.
1485
1486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
raw materials, principally consisting of ink and paper, valued in excess of
$250,000, of which over 50 percent was purchased from points outside the
State of Illinois. During the same period, the Company's products, consist-
ing of text books, atlases, maps, tickets, coupons, railroad tickets, and
magazines, were valued in excess of $500,000, of which over 75 percent
was shipped to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED,
United Commercial Artists & Photographers is an unaffiliated labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until the
Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the Union represents a substantial number of employees 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 Section
9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that all cartographers, junior cartographers, and
geographic research employees of the Company's Blazed Trail Department,
herein called the BTD, excluding one of the cartographers, one of the
geographic research employees, senior cartographers,' executives, chauf-
feurs, office and clerical employees, and errand boys, constitute an appro-
priate unit. The Company claims that since the plant is generally organized
on a craft basis, the employees of BTD should be divided into two or three
separate craft units rather than one single unit.
The Company has approximately 50 employees in the BTD who are
engaged in the preparation of road maps and air route maps. At-the present
time, 80 percent of the work is for the United States Government. Most
of the employees classified as cartographers have sufficient skill to make a
complete map, while others do research work, make borders, titles, and do
ink work. The junior cartographers work on parts of snaps; some of then]
specialize in contours and borders The geographic research employees
1 The Board agent t epos ted that the Union submitted 36 authorization cat ds and that there are 51
employees in the unit hereinafter found appropriate
2The patties agreed that the three employees in this category , Calvin Ptatz., Frank Zajac, and
Marty Bishop, shotdrl be excluded bacause of then supervisory status.
RAND MCNALLY & COMPANY 1487
compile pertinent data, mark copy, make red line corrections and do border
work. Although classified separately as cartographers and research employ-
ees, there is an interchange in the duties of most of these employees in the
department . There is no history of collective bargaining among the em-
ployees herein involved, and neither the Company nor the Union seeks
their inclusion in a broader unit.' Moreover, the Company presented no
evidence in support of its contention that 2 or 3 separate units within the
BTD are appropriate, other than to point out that it was presently dealing
with 16 unions covering the entire plant; nor did the Company make any
suggestion concerning the constituency of its proposed "craft" units. In
view of the foregoing , we are of the opinion that the employees of the
Company's BTD can function effectively as 1 unit for the purposes of
collective bargaining.
Clara Hardtke is classified as a cartographer. The Union would exclude
her from the unit because she acts as secretary to the chief of the BTD.
She is the only person in the department who operates a typewriter. She
takes dictation from the chief, types letters for. other employees in the
department, and composes correspondence dealing with road map infor-
mation obtained from various highway departments. This employee also
maintains records of the time spent by the employees on each phase of a
job, assists the chief in preparing estimates on new jobs, and keeps attend-
ance records. Since her secretarial duties place her in a position to acquire
information pertaining to confidential labor relations matters, we shall
exclude her from the unit.
Ernest Paulsen is classified as a geographic research employee who
spends virtually all of his time traveling about the country in connection
with the gathering of material for maps. It appears that he is the only
employee engaged in such field work and the only non-supervisory employee
on a semi -monthly salary basis. Since the functional nature of his assign-
ment is substantially different from that of the other employees in the
unit , we shall exclude him.
We find that all cartographers, junior cartographers, and geographic
research employees, employed in the Company's Blazed Trail Department,
but excluding senior cartographers, the confidential secretary," the travel-
ing geographic research employee,` executives, office and clerical employees,
chauffeurs, errand boys, and supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit appro-
3 Although there is a cartography department on the same floor as the BTD, there has been no
interchange between the employees of these departments for the past 5 years The Company' s position
is that a single unit of both departments would be inappropriate and the Union does not seek to
represent the employees in the cartography department.
' Clara Hardtke.
5 Ernest Paulsen.
1488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
priate for the purposes of collective bargaining 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 imme-
diately 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 Rand McNally & Company,
Chicago, Illinois, an election by secret ballot shall be conducted as early
as possible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director for the
Thirteenth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, 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 im-
mediately preceding the date of this Direction, including employees who
did not work during the 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 United Com-
mercial Artists &Ihotographers, for the purposes of collective bargaining.