Rytex Co.

National Labor Relations Board - Board Decisions

Sep 25, 1941

35 N.L.R.B. 792 (N.L.R.B. 1941)

In the Matter of RYTEx COMPANY and STATIONARY WORKERS UNION,
LOCAL #483 AFFILIATED WITH THE INTERNATIONAL PRINTING PRESS-
MEN'S AND ASSISTANTS' UNION OF NOP.TH AMERICA (A. F. L.)
Case No. R-2866.-Decided September 25,1941
Jurisdiction : stationery manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all employees in the printing, en-
graving, envelop, box, offset, shipping, samples, and maintenance departments,
including inspectors, but excluding clerical and supervisory employees and
all employees of the composition department.
Bamberger & Feibleman, by Mr. Ralph Bamberger, of Indian-
apolis, Ind., for the Company.
Mr. G. E. Ten Eyck, of Indianapolis, Ind., for the Union.
Mr. Robert S. Fousek', of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 14, 1941, Stationery Workers Union, Local #483, affili-
ated with the International Printing Pressmen's and Assistants'
Union of North America (A. F. L.), herein called the Union, filed with
the Regional Director for the Eleventh Region (Indianapolis, Indi-
ana) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Rytex Com-
pany, Indianapolis, Indiana, herein called the Company, and re-
questing an investigation and certification of representatives pursuant
to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449;
herein called the Act. On July 22, 1941, the National Labor Rela-
tions 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 Regional Director to
conduct it and to provide for an appropriate hearing upon due
notice.
35 N. L. R. B., No. 172.
792
RYTEX COMPANY 793
On July 30, 1941, the Regional Director issued a notice of hearing,.
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on August 12, 1941, at Indian-
apolis, Indiana, before Arthur A. Donovan, the Trial Examiner duly
designated by the Chief Trial Examiner. All parties were repre-
sented by counsel or other official representatives, and participated
in the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing upon 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 the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby affirmed. A brief was filed by the Company
which the Board has considered.
Upon the entire record of the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Rytex Company is an Indiana corporation engaged in the pro-
duction of social printed stationery, having its principal office and
place of business in Indianapolis, Indiana. In an average year the
Company purchases approximately 90 per cent of its raw materials,
of over $100,000 in value and 500,000 pounds in weight, from points
without the State of Indiana. The Company ships by parcel post,
express and truck, approximately 90 per cent of its finished products,
valued at over $300,000 and in excess of 500,000 pounds in weight, to
retail stores located outside of the State of Indiana.
II. THE ORGANIZATION INVOLVED
Stationery Workers Union, Local #483, affiliated with the Inter-
national Printing Pressmen's and Assistants' Union of North Amer-
ica, is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 4, 1941, the Union requested the Company for recogni-
tion as exclusive bargaining agent of the Company's employees in
the alleged appropriate unit, but the Company refused to recognize
the Union as such representative until such time as the Union is
certified by the Board. Evidence introduced at the hearing dis-
closes that the Union represented a substantial number of the em-
ployees in the unit hereinafter found to be appropriate for the
794 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purposes of collective bargaining.' The Company states that since
the petition was filed there have been numerous changes in its per-
sonnel. The Union admits that changes in personnel have occurred-
and acknowledges some loss of membership. The delay since the
time of the filing of the petition has not been due to any fault of
the Union. Moreover, it appears that approximately 23 or 24 of the
original charter members of the Union are still employed by the
Company.
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, 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 requests a unit composed of all employees employed in
the printing, engraving, envelope, box, offset, shipping, sample, and
maintenance departments, including inspectors, but excluding cleri-
cal and supervisory employees and all employees of the composition
department. The Company does not affirmatively state what it con-
siders to be an appropriate unit, but declares that a union for press-
men is not adapted to representing all the employees in the alleged
appropriate unit for the reason that pressmen are highly skilled
whereas the suggested unit would contain many employees with little
or no special skill. However, all the employees in the alleged appro-
priate unit are eligible for membership in the Union.
The 12 employees in the composition department constitute a
skilled group. Nine are members of Indianapolis Typographical
Union No. 1. The Typographical Union has no contract with the
Company; however, it has entered into negotiations with the Com-
pany and the rate of pay of composition-department employees has
been agreed to. The members of this craft desire to maintain their
1 The Union submitted to the Regional Director 18 applications for membership, 21
receipt stubs for dues paid , and a list or 31 charter members. The charter members
were listed as of February 10, 1941 , and the receipts and applications were signed
between February 27 and March 12, 1941. Forty-seven of the 70 signatures which appear
to be genuine original signatures are the names of persons on the Company 's pay roll of
April 26, 1941, of 94 names. There are approximately 142 employees in the alleged
appropriate unit.
RYTEX COMPANY 795
identity and do not want an election in the composition department.
We find that employees in the composition department should be
excluded from the unit.
We find that all employees of the Company employed in the
printing, engraving, envelope, box, offset, shipping, sample, and
maintenance departments, including inspectors, but excluding cleri-
cal and supervisory employees and all employees of the composition
department, constitute a unit appropriate for the purposes of col-
lective bargaining. We find further that said unit will insure to
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen can best be resolved
by an election by secret ballot. We shall direct that an election
by secret ballot be held among the employees of the Company in
the appropriate unit who were employed during the pay-roll period
immediately preceding the date of this Direction of Election, sub-
ject to such limitations and additions as are set forth in the
Direction.
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 Rytex Company, Indianapolis, Indiana,
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 employed in the printing, en-
graving, envelope, box, offset, shipping, sample, and maintenance
departments, including inspectors, but excluding clerical and super-
visory employees and all employees of the composition department,
constitute a unit appropriate for the purposes of collective bargain-
ing, 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 Act, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and Regulations-Series
2, as amended, it is hereby
796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIxxear.D that, as a part of the investigation authorized by the
Board to ascertain -representatives for the purposes of collective
bargaining with Rytex Company, Indianapolis, Indiana, 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
Eleventh 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 of the printing, en-
graving, envelope, box, offset, shipping, sample, and maintenance
departments, and inspectors of the Company 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 active military
service or training of the United States, or temporarily laid off,
but excluding clerical and supervisory employees, all employees of
the composition department and employees who have since quit or
been discharged for cause, to determine whether or not said em-
ployees desire to be represented by Stationery Workers Union, Local
#483, affiliated with the International Printing Pressmen's and As-
sistants' Union of North America (A. F. L.) for the purposes of
collective bargaining.