The A. S. Abell Co.

National Labor Relations Board - Board Decisions

Dec 27, 1943

54 N.L.R.B. 62 (N.L.R.B. 1943)

In the Matter of THE A. S . ABELL COMPANY and LOCAL 31, INTER-
NATIONAL PRINTING PRESSMEN & ASSISTANTS' UNION OF NORTH
AMERICA, AFL
Case No. 5-R-1409.-,Decided December 27, 1943
Messrs. Semmes, Bowen d Semmes, by William D. Mclii llaw-, PL P.
Kavanaugh, and William F. Schmick, Jr., all of Baltimore,'Md., for
the Company. -
Mr. E. L. Oliver, of Washington, D. C., and Messrs. Charles V.
-Ernest and Frank Dassori, both of Baltimore, Md., for the Pressmen.
Mr. Webster C. Tall, of Baltimore, Md., for the Association.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Printing Pressmen &
Assistants' Union of North America, AFL, herein called the Press-
men, alleging that a question affecting commerce had arisen concern-
ing the representation of employees of The A. S. Abell Company,
Baltimore, Maryland, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Earle K. Shawe, Trial Examiner. Said hearing was held
at Baltimore, Maryland, on November 17, 1943. The Company, the
Pressmen, and Sun Pressroom Employees Association, Inc., herein
called the Association, appeared, participated, and 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 :
1 The record indicates that "Local 31" is, in fact , the local involved herein . All papers
in this proceeding are hereby amended in accordance with such designation.
54 N. L. It. B., No. 14.
62
THE A. S. ABELL COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
63
The A. S. Abell Company, a Maryland corporation,'with its prin-
cipal place of business located in Baltimore, Maryland, is engaged
in the printing and publishing of several newspapers known as "The
Sun," "The Sunday Sun," and "The Evening Sun," respectively.
During the year 1942 the Company purchased raw materials from
points outside the State of Maryland for use at its Baltimore plant
valued at approximately $1,500,000. During the same period the
Company sold and distributed to points outside the State of Maryland
newspapers valued at approximately $121,000. The news gathering,
news exchange, and news distributing activities of the Company are
conducted through its main plant and through branch offices in New
York City, Washington, D. C., and London, England, and through
its correspondents in principal foreign news centers located through-
out the world.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Local 31, International Printing Pressmen & Assistants' Union of
North America, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
Sun Pressroom Employees Association, Inc., is an unaffiliated
labor organization, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 12, 1940, the Association was certified by the Board
as an exclusive bargaining representative of all foremen, pressmen
in charge, tension men, oilers, floormen, fly boys, baler men, paper
handlers and helpers, in the Company's pressroom,2 excluding ma-
chinists, machinists' helpers, electricians, porters, clerical workers,
and superintendents. Thereafter, on January 3, 1941, the Company
and the Association executed a contract covering the employees in the
aforesaid unit, which by its terms expires on December 31, 1943.3
On or about September 1'943 the Pressmen requested recognition
from the Company as the bargaining representative of certain of its
2 Matter of The A. S. Abell Company, 27 N. L. R. B 784.
8 A stipulation of the parties read into the record indicates that said contract does not
expire until January 10, 1944.
64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees. The Company refused to grant this request, alleging,
inter alia, that the afore-mentioned contract is a bar thereto. Since
the 1941 contract is about to expire, and the Pressmen has given timely
notice of its claims of representation, we find that the afore-mentioned
contract does not constitute a bar to the instant proceeding 4
Statements of the Field Examiner and the Trial Examiner intro-
duced into evidence at the hearing indicate that the Union and the
Association each 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 Pressmen seeks a unit identical with that previously found 'to
be appropriate by the Board,6 comprised of foremen, pressmen in
charge, tension men, oilers, floormen, fly boys, baler men, paper
handlers, and helpers in the Company's pressroom, excluding machin-
ists, machinists' helpers, electricians, porters, clerical workers, and
superintendents. Both the Company and the Association agree gen-
erally with the foregoing unit except that both would include therein
all machinists and machinists',-helpers.
The record indicates that the Company has a machine shop which
is contiguous to the pressroom and considered by it as a part thereof.
The employees engaged in the machine shop perform all repair work
and general maintenance work in the pressroom; and occasionally
these employees perform similar work in the Company's mail room,
stereotype department, and typographical room . The immediate
supervisor of these employees is a machine shop foremen who is, in
turn, under the supervision of the superintendent of the pressroom.
Although these employees are a skilled group, none of them lire quali-
fied to do pressmen's work and their wages and hours of work are
4 See Matter of M cf J. Tracy, Inc, 12 N. L R B 936-940; Matter of Rosedale Knitting
Co., 23 N L. B B 527-529; Matter of Wichita Union Stocl yards, 40 N L R B 369-372;
Cf also Matter of Bull Steamship Co , 36 N L R. B 99
The Field Examiner reported that the Pressmen submitted dues records which indicated
that it represented 24 persons whose names appeal upon the Company's pay roil of October
10, 1943, said pay roll contained the naives of 66 persons. He fuither reported that the
Association submitted 4 designations containing names appearing upon the afore-mentioned
pay ion and classified as machinists
The Tiial Examiner reported that the Association submitted a list of its membership
which indicated that it represented 39 persons whosq names appear upon the Company's
pay loll of October 10, 1943, and 21 persons whose navies appeal, upon the list of company
employees who have entered the aimed torces
The Association also relies upon its contract with the Company dated January 3, 1941,
for the establishment of its interest
U Mattel of The A. S. Abell Company, 27 N L B B 776
THE A. S. ABELL COMPANY 65
different .from those of the usual pressroom employees .? The record
indicates that the group sought by the Pressmen has been recognized
by the Board as a skilled craft , and that it has not been customary to
include machinists therein. Furthermore , the jurisdiction of the Press-
men is confined solely to classifications in the group which it seeks to
represent , and it does not accept machinists for membership .8 The
record further indicates that the contract between -the Company and
the Association did not include machinists and machinists ' helpers
within its coverage , and that the Association has been accepting them
for membership only since May 1943.9 In view of these circumstances,
we are of the opinion that machinists and machinists ' helpers are not
properly a part of - the pressroom unit. We shall , therefore, exclude'
them.
We find that all foremen ,10 pressmen in charge, tension men, oilers,
floormen , fly boys, baler men, paper handlers and helpers, in the
Company's pressroom , excluding machinists , machinists ' helpers, elec-
tricians , porters, clerical workers, and superintendents constitute a
unit appropriate 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 of representation which has arisen
be resolved by an election by secret ballot among the employees in the
appropriate unit hereinbefore described. Both the Company and the
Association request that the Company be permitted to ascertain the
present address of its employees now in the armed forces of the United
States for the purpose of permitting them to vote by mail. We see
no reason, however, for departing from our customary practice with
respect to employees in the armed forces, and, accordingly, shall limit
eligibility in this group to those presenting themselves at the polls.
We shall direct that the employees of the Company eligible to vote,
in the election shall be those who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
7 The machinists work a G-day week, whereas the pressroom employees work a 5-day week.
Piessroom employees receive extra compensation when they work two shifts in a row,
whereas machinists do not receive such extra compensation
The iecoid indicates that an agreement between the Pressmen and the International
Association of Machinists, herein called the I A Al , which is incorporated into the Press-
men's constitution, provides that jurisdiction over machinists working in pressroonis is
specifically reserved to the I A M., and a business representative of the I. A. M testified
that his organization would not relinquish jurisdiction over machinists employed by the
Company to the Pressmen
0 The record indicates that the contract between the Company and the Association was
not amended to reflect this change in organization, and that, other than negotiations with
the Company for wage increases on behalf of these employees, the Association has not been'
able to effect any changes in their working conditions
10 See Matter of IV F Hall Printing Company, 51 N. L R B. 108.
567000-44-vol. 54-G
66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The A. S. Abell
Company, Baltimore, Maryland, 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 Fifth 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 immediately preceding
the date of this Direction, including employees 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 those employees 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 they desire to be represented by Local
31, International Printing Pressmen & Assistants' Union of North
America, affiliated with the American Federation of Labor, or by
Sun Pressroom Employees Association, Inc., for the purposes of col-
lective bargaining, or by neither.
i
'- The Pressmen desires that October 4, 1943, be the eligibility date to be used, that date
corresponding to the date of the filing of the petition herein. No substantial reason being
offered in support thereof, this request is denied.