Welker Letter Co.

National Labor Relations Board - Board Decisions

Apr 25, 1946

67 N.L.R.B. 792 (N.L.R.B. 1946)

In the Matter of HENRY A. WELKER D/B/A WELKER LETTER COMPANY
and AMALGAMATED LITHOGRAPHERS OF AMERICA, LOCAL No. 9
Case No. 7-R-,*156.-Decided April 95, 1946
Mr. Henry A. Welker, of Detroit, Mich., for the Company.
Mr. Henry Reist, of Detroit, Mich., for the Amalgamated.
Mr. Walter G. Wisdom, of Detroit, Mich., for the Pressmen.
Mr. Frederick D. Vincent, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Lithographers of Amer-
ica, Local No. 9, herein called the Amalgamated, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Henry A. Welker, d/b/a Welker Letter Company, De-
troit, Michigan, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Woodrow J. Sandler, Trial Examiner. The hearing was held
at Detroit, Michigan, on February 12,1946. The Company, the Amal-
gamated, and Detroit Printing Pressmen and Assistants' Union, Inter-
national Printing Pressmen and Assistant's Union of North America,
A. F. of L., herein called the Pressmen, appeared 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. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board?
Upon the entire record in the case, the Board makes the following :
' International Printing Pressmen and Assistants ' Union of North America, the parent
organization of the Pressmen , on March 18 , 1946, filed with the Board a motion to inter-
vene, alleging that its jurisdiction was "imperiled " and, in addition , requested leave to file
a brief and an opportunity for oral argument before the Board. The motion to intervene
was granted by the Board for the sole purpose of permitting the International to file a
brief. The request for oral argument is denied . Simultaneously with the filing of its
brief, the International moved that the petition herein be dismissed . For the reasons
stated in section III , below, this motion is denied.
67 N. L. R. B., No. 103.
792
WELKER LETTER COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
793
Henry A. Welker, d/b/a Welker Letter Company, is engaged pri-
marily in offset printing at Detroit, Michigan. The Company pre-
pares and mails letters for its customers. In the year 1945, it did
approximately $50,000 worth of business. Over 90 percent of the
mail prepared for its principal customers is sent outside the State of
Michigan . About 5 percent of the Company's supplies, consisting of
ink, paper, and chemicals, is purchased from points located outside the
State of Michigan, and, in addition, a substantial portion of the sup-
plies purchased within the State originates elsewhere.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Lithgraphers of America, Local No. 9, is a labor
organization , admitting to membership employees of the Company.
Detroit Printing Pressmen and Assistants' Union, International
Printing Pressmen and Assistants' Union of North America, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
International Printing Pressmen and Assistants' Union of North
America is a labor organization, affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Amalgamated
as the exclusive bargaining representative of its employees until the
Amalgamated has been certified by the Board in an appropriate
unit.
The Pressmen maintains that a contract with the Company is a
bar to this proceeding. On June 10, 1941, the Company and the Press-
men entered into a contract covering all the employees of the Com-
pany. It provided that it was to be effective until May 1, 1942, and
was to continue in operation from year to year thereafter, "unless 60
days written notice of desire for change shall be given by either party
prior to the expiration date of this contract." The contract also con-
tained the provision that, after timely notice of desire for change, it
was to remain in effect "pending the determination of the condition
of a new contract." On February 27, 1943, the Pressmen, by letter,
seasonably notified the Company of a desire for certain changes in
the agreement. Subsequently, meetings between the Company and
794 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Pressmen occurred, but there is no evidence that a new agree-
ment was ever reached. Thereafter, without negotiating with the
Pressmen, the Company increased wages and changed the hours of
work. The evidence is clear that since the 1943 meetings between the
Company and the Pressmen, they have not negotiated regarding a
new contract and have not bargained with respect to the Company's
employees. It is equally clear that the provisions of the 1942 contract
have not been continued in effect. On November 1, 1915, the Amalga-
mated filed its original petition herein, and on January 7, 1946, it
filed an amended petition.
Despite the foregoing facts, the International insists in its brief
that the contract between the Company and the Pressmen is now in
effect and thus precludes a current determination of representatives.
Even assuming that after 1943, the contract remained in existence and
the Company and the Pressmen dealt with each other, there is un-
doubtedly no bar to this proceeding. When the Pressmen on Feb-
ruary 27, 1943, notified the Company of its desire for changes, the
contract was transformed into an agreement of indefinite duration
as it was to continue in operation until "the determination of the
conditions of a new contract." 2 And were we to disregard the letter
of February 27, 1943, and consider that the contract renewed itself in
1943, 1944, and 1945, the petition in this case was filed by the Amal-
gamated in timely fashion with respect to the 1946 operative date of
the automatic renewal clause,3 and, moreover, the 1946 anniversary
date of the contract is less than 1 month from the present time.4
A statement of a Board agent, introduced into evidence at the
hearing, indicates that Amalgamated represents a substantial number
of employees in the unit hereinafter found appropriate.5
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 Amalgamated seeks a unit of all employees of the Company,
excluding the binders and the superintendents The Pressmen con-
cedes the propriety of this unit if the binders are included, urging as
2 See Matter of E I. du Pont (Grassellt Division), 65 N. L. R. B. 390; Matter of Potomac
Edison Company, 65 N. L R. B 912
8 See Matter of Mall B., Inc., 40 N. L R B 346.
4 See Matter of Clark Bros. Co., Inc, 66 N. L R B 849.
1 The Field Examiner reported that the Amalgamated submitted 11 cards bearing the
names of 9 employees listed on the Company's pay roll of December 24, 1945. The Press-
men submitted no cards, but relied upon its contract as evidence of interest.
There are approximately nine employees in the unit hereinafter found appropriate.
6 Specifically, the unit sought by the Amalgamated includes offset press operators, multi.
11th operators, cameramen, platemakers, plate regralner, and lay-out men.
WELKER LETTER COMPANY 795
appropriate the same unit it represented under its 1941 contract.
The Company assumes a neutral position.
Binders: There are two binders who, in addition to their normal
binding work, also operate multigraph equipment. Predicated solely
upon the fact that these employees are not part of its craft, the
Amalgamated seeks their exclusion. Nevertheless, the binders have
been bargained for by the Pressmen together with the other employees
desired by the Amalgamated. In these circumstances, we shall include
the binders in the unit hereinafter found appropriate.
We find that all employees of the Company, including the binders,
but excluding the superintendent, 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 concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election 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 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 representa-
tives for the purposes of collective bargaining with Henry A. Welker,
d/b/a Welker Letter Company , Detroit, Michigan , 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 Seventh Region, act-
ing in this matter as agent for the National Labor Relations Board,
snd subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among 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
796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the election, to determine whether they desire to be represented by
Amalgamated Lithographers of America, Local No. 9, or by Detroit
Printing Pressmen and Assistants' Union, International Printing
Pressmen and Assistants' Union of North America, A. F. of L., for
the purposes of collective bargaining , or by neither.
CHAIRMAN HERZOa took no part in the consideration of the above
Decision and Direction of Election.