The A. S. Abell Co.

National Labor Relations Board - Board Decisions

Jul 21, 1945

62 N.L.R.B. 1414 (N.L.R.B. 1945)

In the Matter of TI-IE A. S ABELL, COMPANY and BALTIMORE SUN UNI1
No. 1, AFFILIATED WITH AND SUBORDINATE TO INTERNATIONAL 1'RINI-
ING PRESSMEN & ASSISTANTS UNION OF NORTH AMERICA, AFL
In the Matter of THE A. S ABELL COMPANY and SUN MAILROOM EM-
PLOYEES ASSOCIATION
Cases Nos. 5-R-1756 and 5-R-1810, respectively . Decided July 21, 1945
Mr. Herman Goldberg, for the Board.
Semmes, Bowen & Semmes, by Mr. William D MacMillan, of Balti-
more, Md., for the Company.
Mr. Webster C. Tall, of Baltimore, 1Vld . for the 1'res',nlen, the hide-
pendent, and the Association
!/] ressrs C V. Ernest, Eduard L lllevcr, and Joseph C Orr, of Balti-
irore. l,ld . and MMMMc_,srs E L 01 Fir and [it !ii R il/ail. of \\'as'ungto,I,
D C., for Local 31.
Mr. William F. Hartman, of Baltimore, Md, for the Mailers
Mr. Sidney Grossman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by Baltimore Sun Unit No. 1, affili-
ated with and subordinate to International Printing Pressmen & Assistants'
Union of North America, AFL. herein called the Pressmen,' and bv, Sun
Mailroom Employees Association, herein called the Association, each alleg-
i The petition in case No 5-R-1756 was oiigmally filed by Baltimore Neewspaper \\'ebb Press-
men's Union, No. 31, subordinate to and affiliated with Inteinational Printing Pressmen and Assist-
ants' Union of North America, AFL, herein called Local 31 The Sun Pressroom Employees Asso.
ciation, Inc , herein called the Independent, intervened The hearing of May 28, 1945, was adjourned
for the purpose of enabling Local 31 and the Independent to effect an adjustment of their dispute
At the resumed hearing on June 11. 1945, the Ti ial Examiner, over the Company's objection which
a as predicated upon the existence of the Company's current contract with the Independent, granted
the request of Local 31 to withdraw its petition , permitted the substitution of the petition of the
Pressmen therefor , and granted the request of the Independent to withdraw its motion to intervene.
For the reasons set forth in Section 3, infra , we hereby affirm the Trial Examinei 's ruling
62 N L R B , No 193
1414
THE A S '\UELI. COMPANY 1415
ing that a question affecting commerce had arisen concerning the represen-
tation of employees of The A. S. Abell Company, Baltimore, Maryland,
herein called the Company, the National Labor Relations Board provided
for an appropriate consolidated hearing upon due notice before Earle K.
Shawe, Trial Examiner. Said hearing was held at Baltimore, Maryland,
on May 28 and June 11, 1945. The Company, the Pressmen, the Associa-
tion, and the Baltimore Mailers' Union Local No. 88, affiliated with the
International Typographical Union, AFL, herein called the Mailers, ap-
peared 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. At the opening of the hearing, the Association and
the Mailers entered into a stipulation with the Company for Certification
upon Consent Election as to the employees each seeks to represent, and then
withdrew from the hearing. In view of the consent election agreement, we
hereby sever Case No. 5-R-1810 from Case No. 5-R-1756. 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
1. THE BUSINESS OF THE COMPANY
The A. S. Abell Company, a Maryland corporation, with its principal
place of business at 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 1944, the Company
secured raw materials from"sources 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 throughout the
world.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Baltimore Sun Unit No. 1, affiliated with and subordinate to Interna-
tional 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.
1416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing the Pressmen requested recognition as the exclusive bar-
gaining representative of the Company's employees it here seeks to repre-
sent. The Company refused to accord the Pressmen recognition for the
reason that the Company is a party to an existing contract with the Inde-
pendent.
In December 1943, as a result of a hearing and an election held under
Board auspices, the Independent was certified as bargaining representative
of the Company's pressroom employees.` On May 8, 1944, the Company
and the Independent entered into a written collective bargaining agreement
for a period beginning January 3, 1944, and terminating on January 2, 1947.
The Company now urges that its 1944 contract with the Independent
precludes a present determination of representatives.
As hereinbefore stated, the Trial Examiner granted the parties an
adjournment of the hearing on May 28, 1945, for the purpose of enabling
the Independent and Local 31 to compose their differences regarding the
employees here involved. Subsequent to the continuance of the hearing,
but prior to its resumption on June 11, 1945, an understanding was reached
between these two unions resulting in the organization of the Pressmen
as a separate local for the purpose of representing the Company's press-
room and machine-room employees. The Independent formally dissolved
its organization , its officers resigned, and its members became affiliated
with the Pressmep ; Local 31 also released those of its members who were
employees of the Company, thereby enabling them to become members of
the Pressmen'
While the Company does not dispute the legality of the Independent's
dissolution , it maintains that the Independent cannot unilaterally abandon
the 1944 contract and that the employees for whom the Independent had
been acting remain responsible thereunder. However, we have frequently
stated that contracts of 3 years' duration do not warrant the withholding
of a determination of representatives until the full contract period has
expired. It is therefore unnecessary for us to determine whether any legal
rights under the contract survive the dissolution of the Independent. Since
the Company's 1944 contract with the Association has now been in-effect
for more than a year, we find that it is not a bar to an election at this time.'
9 Matter of The A S Abell Company, 54 N L R B. 62.
3 At the hearing , the Pressmen submitted a membership list containing the names of 65 employees,
an examination of the company pay roll of April 21, 1945, by counsel for the Board , supported by
testimony of the secretary -treasurer of the Pressmen, revealed that the representation evidence sub-
mitted by the Pressmen is substantial in that all the names on the membership list represent the
names of persons on the pay roll referred to, in an alleged appropriate unit consisting of 68 employees
' See Matter of Wicheta Union Stockyards Company , 40 N L R. B . 369; Matter of Brewster-Ideal
Chocolate Company, 49 N. L. R B 366; Matter of The A S Abell Company, 51 N L. R B 1162,
Matter of Chicago Curled Hair Co, 56 N. L R. B. 1674 ; Matter of Lexington Water Company, 58
N. L. R B. 536
THE A. S. ABELL COMPANY 1417
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 DETERMINATION OF REPRESENTATIVES
The Pressmen requests a unit consisting of all employees in the Com-
pany's pressroom and adjacent machine room, including machinists and
foremen, but excluding electricians , porters, clerical employees, and super-
intendents . The Company concurs with the appropriateness of the unit.
Although in our decision in the prior proceeding, we excluded machin-
ists from the unit, factors which previously persuaded us to exclude these
employees are not now present. Unlike the previous proceeding, all parties
now desire the inclusion of machinists and no other organization is pres-
ently asserting jurisdiction over them.' Since their work is closely aligned
with the operations in the pressroom, their immediate supervisor, the
machinist foreman, is under the supervision of the superintendent of the
pressroom, and their wages are comparable to some of the more skilled
pressroom employees, we are of the opinion that they might well function
as part of the pressroom employes' unit. However, in view of their exclu-
sion from the unit found appropriate by the Board in the prior proceeding,
we shall conduct a separate election among the machinists to determine their
desires with respect to the matter. A separate election shall also be con-
ducted among the pressroom employees in the categories agreed to by the
parties herein. We shall make no finding with respect to the appropriate
unit or units pending the outcome of the elections.
We shall direct that separate elections be conducted among the employ-
ees in the separate voting groups described below, who were employed
during the pay-roll period immediately preceding the date of the Direction
of Elections herein, subject to the limitations and additions set forth in
the Direction :
1. All employees in the Company's pressroom, including foremen,' press-
men in charge, tension men , oilers, floormen, fly boys, baler men, paper-
handlers and helpers, but excluding the electricians, porters, clerical
workers, and superintendents.
2. All employees classified as machinists and machinist helpers in the
Company's machine room adjacent to the pressroom, including the ma-
chinist foreman.'
Upon the results of the elections will depend, in part, our determination
of the appropriate unit or units
s The I A M appeared in the prior proceeding, asserted jurisdiction over the machinist group
here involved , and refused to relinquish jurisdiction over them However, the I A. M. did not ap-
pear in this pioceeding , and according to the testimony of the secretary -tic.asurer of the Pressmen
has apparently ieiinquished jurisdiction over these employees
° See Matter of Con P. Curran Piunting Company, 57 N. L R B 185
Sec flatter of Master-Craft Corpoiation, 60 N. L R B. 56.
1418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS
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 the A. S Abell Company,
Baltimore, Maryland, elections 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
Fifth Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10-and 11, of said Rules
and Regulations, among the employees in the respective voting groups
described 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 temporaily 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 Baltimore Sun
Unit No. 1, affiliated with and subordinate to the International Printing
Pressmen & Assistants' Union of North America, AFL, for the purposes
of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Elections.