Triangle Publications, Inc.

National Labor Relations Board - Board DecisionsOct 4, 1946

71 N.L.R.B. 258 (N.L.R.B. 1946)

In the Matter Of MCMtRRAY PRINTERS, DIVISION OF TRIANGLE PUBLI- CATIONS, INC., EMPLOYER and INTERNATIONAL BROTHERHOOD OF BOOKBINDERS , MIAMI LOCAL 11, A. F. OF L., PETITIONER Case No. 10-R-18415.-Decided October 4, 1946 Mr. R. A. Swanson, of Miami, Fla., for the Employer. Mr. Charles G. TV. Kern, of Miami, Fla., for the Petitioner. Mr. Sidney Grossman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon an amended petition duly filed, hearing in this case was held at Miami, Florida, on August 6, 1946, before M. A. Prowell, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDTNGS OF FACT 1. TITE BUSINESS OF THE EMPLOYER McMurray Printers has its principal plant in Miami, Florida, where it is engaged in the business of job printing. It is a division of Triangle Publications, Inc., a Delaware corporation, which operates plants in various States of the United States; the parent company publishes periodicals devoted exclusively to racing news for distribu- tion throughout the country. The principal materials used by the Employer at its Miami plant are paper, ink, and miscellaneous sup- plies. During the 12-month period ending June 30, 1946, the Em- ployer's purchases of materials and supplies aggregated approximately $35,000 in value, of which materials amounting to approximately $30,500 in value were shipped and transported to it from States other than the State of Florida. During the same period, the printed matter produced by the Employer was in excess of $90,000 in value. From January 1, 1946, to June 30, 1946, the Employer printed booklets amounting to approximately $1,500 in value, which were distributed by the parent company to its various plants for use in conjunction with its racing news publications. During the same period, it printed labels for delivery to fruit and beverage concerns within the State of Florida, amounting to approximately $5,100 in value, for use on packaged fruit and beverage products, of which products in excess of 75 percent was shipped to points outside the State of Florida. The 71 N. L. R. B, No. 27. 258 TRIANGLE PUBLICATIONS, INC. 259 Employer also printed a substantial amount of advertising material for airlines, hotels, and a tourist agency, for use by the tourist trade. We find that the Employer is engaged in commerce within the mean- ing of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNrr We find, in substantial accord with the agreement of the parties, that all employees of the Employer's bindery department at its Miami, Florida, plant, including foremen, but excluding porters, janitors, and clerical employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with McMurray Printers, Division of Triangle Publications, Inc., Miami, Florida, 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 Tenth Region, acting in this matter as agent for the National Labor Relations Board, and sub- ject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, 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 in- cluding 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 or not they desire to be represented by International Brother- hood of Bookbinders, Miami Local 11, A. F. of L., for the purposes of collective bargaining.