Vail-Ballou Press, Inc.

National Labor Relations Board - Board Decisions

Jul 18, 1940

25 N.L.R.B. 619 (N.L.R.B. 1940)

In the Matter of VA1L-BALLOU PRESS , INC., and BINGHAMTON PRINT-
ING PRESSMEN 'S AND ASSISTANTS ' UNION No. 57, I. P. P. AND A. U.,
OF BINGHAMTON , N. Y., and BINGIAMTON TYPOGRAPHICAL UNION
No. 232
In the Matter of VAIL-BALLOU PRESS, INC., and BINGHAMTON PRINT-
ING PRESSMEN 'S AND ASSISTANTS ' UNION No. 57 , I. P. P. AND A. U.,
OF BINGHAMTON, N. Y.
In the Matter Of VAIL-BALLOU PRESS, INC., and BINGHAMTON TYPO-
GRAPHICAL UNION, No. 232
Cases Nos. C-899, R-8?1, and R-822 respectively
AMENDED DIRECTION OF ELECTIONS
July 18, 1940
On June 28 , 1940, the National Labor Relations Board, herein
called the Board, issued a Notice to all parties that on July 10, 1940,
or as soon thereafter as convenient , the Board , unless sufficient cause
to the contrary should have been shown , would issue an Amended
Direction of Elections providing for a secret ballot among two groups
of employees of Vail-Ballou Press , Inc., Binghamton , New York,
herein called the Company . On July 5, 1940 , Binghamton Typo-
graphical Union, No. 232 , herein called the Union , wrote to the
Regional Director , requesting that the Board exclude from the per-
sons eligible to vote in election (a ) to be conducted pursuant to the
above -mentioned Notice persons hired by the Company since the
hearing in these cases and executives ' wives who, the Union alleges,
are on the Company's pay roll but perform work at home rather
than at the plant. No other objections to the proposed Amended
Direction of Elections have been received.
We find no merit in the reasons advanced for the exclusion of
persons - hired by the Company since the hearing. Nothing in the
record of these cases , moreover , bears out the Union 's assertion that
the Company 's pay roll includes executives' wives who perform work
at home. However, we• hereby instruct the Regional Director, if the
right of executivesr wives to vote is challenged, to segregate their
ballots in sealed containers pending disposition of them by the Board.
25 N. L. R B., No. 73
619
620 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
Accordingly, the Direction of Elections is hereby amended to read
as follows:
AMENDED 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 Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Vail-Ballou Press, Inc., Binghamton, New York, elections by
secret ballot shall be conducted as early as possible but not later than
thirty (30) days from the date of this Amended Direction of Elec-
tions under the direction and supervision of the Regional Director
for the Third Region, acting in this matter as agent for the National
Labor Relations Board and subject to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, among :
(a) The compositors, make-ups, stone hands, linotype operators,
Iinotype-machine tenders, proofreaders, and other employees consid-
ered as skilled composing-room help employed by the Company dur-
ing the pay-roll period next preceding the date of this Amended
Direction of Elections, iiicluding employees who did not work dur-
ing such pay-roll period because they were ill or on vacation and
employees who were then or who prior to the election may have been
temporarily laid off, but excluding supervisory employees and those
who have quit or been discharged for cause, to determine whether
or not they desire to be represented by Binghamton Typographical
Union, No. 232, for the purposes of -collective bargaining; and
(b) The printing pressmen and assistants employed by the Com-
pany during the pay-roll period next preceding the date of this
Amended Direction of Elections, including employees who did not
work during this pay-roll period because they were ill or on vacation
and employees who were then or who prior to the election may have
been temporarily laid off, but excluding supervisory employees and
those who have quit or been discharged for cause, to determine
whether or not they desire to be represented by Binghamton Printing
Pressmen's and Assistants' Union, No. 57, I. P. P. and A. U., of
Binghamton, New York, for the purposes of collective bargaining.
DIR. WILLIAM M. LEISERSON took no part in the consideration of the
above Amended Direction of Elections.