Wilson-Jones Co.

National Labor Relations Board - Board Decisions

May 13, 1940

23 N.L.R.B. 727 (N.L.R.B. 1940)

In the Matter of WILSON-JONES COMPANY and EMPLOYEES BENEVO-
LENT ASSOCIATION OF ELIZABETH, N. J., INC.
In the Matter of WILSON-JONES COMPANY and INTERNATIONAL Asso-
CIATION OF MACHINISTS, LODGE 315, A. F. L.
In the Matter of WILSON-JONES COMPANY and ELIZABETH TYPOGRAPHI-
CAL UNION No. 150
Cases Nos. R-1581, R-158., and R-1583, respectively
SUPPLEMENTAL DECISION
CERTIFICATIONS OF REPRESENTATIVES
AND
ORDER
May 13, 1940
On March 22 , 1940„ the National Labor Relations Board, herein
called the Board, issued a Decision , Direction of Elections, and
Order 1 in the above -entitled proceedings . On March 30, 1940, the
Board . issued a. Supplemental Order. On. April 11, 1940, the Board
issued an Order Changing Designation of Union . On April 19,
1940, the Board issued an Amendment to Direction of Elections.2
Pursuant to the Direction of Elections , as amended , elections by secret
ballot were conducted on April 22, 1940, under the direction and
supervision of the Regional Director for the Second Region (New
York City). On April 23 , 1940, the Regional Director , acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended , issued an Election'
Report, copies of which were duly served upon the parties., No
objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
1 21 N L. R B. 943.
2 22 N L R. B 1118.
23 N. L. R. B., No. 71
727
728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows :
Machinists Group
Total number eligible to vote________________________________ 8
Total number of ballots cast_________________________________ 8
Total number of valid ballots________________________________ 8
Total number of voters in favor of International Association
of Machinists, Lodge 315, A. F. L__________________________ 8
Total number of votes against aforementioned union---------- 0
Total number of blank, void, or challenged ballots____________ 0
Typesetters Group
Total number eligible to vote________________________________ 6
Total number of ballots cast_________________________________ 5
Total number of valid ballots________________________________ 5
Total number of votes in favor of Elizabeth Typographical
Union, No. 150, A. F. L___________________________________ 4
Total number of votes in favor of United Loose Leaf and
Blank Book Workers, Local Industrial Union No. 148, C. I. O_ 0
Total number of votes in favor of neither union______________ 1
Total number of blank votes_________________________________ 0
Total number of void or challenged votes --------------------- 0
Pressmen's Group
Total number eligible to vote________________________________ 10
Total number of ballots cast_________________________________ 10
Total number of valid ballots_______________________________ 10
Total number of votes in favor of International Printing Press-
men and Assistants' Union of North America, A. F. L_______ 2
Total number of votes in favor of United Loose Leaf and Blank
Book Workers, Local Industrial Union, No. 148, C. I. O______ 8
Total number of votes in favor of neither union______________ 0
Total number of void, blank, or challenged votes______________ 0
In the Decision, Direction of Elections, and Order above referred
to, we,stated that upon the results in each of the elections would
depend our determination of the appropriateness of the employees
involved constituting a separate unit or part of the industrial unit
which we found could be appropriate. In view of the results of the
elections among the employees in the so-called machinists group and
the typesetters group, it is apparent that these groups constitute
separate appropriate bargaining units. In respect to the pressmen's
group, the results of the election show that this group does not con-
stitute a separate appropriate bargaining unit. It is part of the
industrial unit which we have found could be appropriate. How-
ever, since United Loose Leaf and Blank Book Workers, Local
Industrial Union, No. 148, did not file a petition or request certifica-
tion, we shall not certify that union although we shall find the
industrial unit appropriate in the light of the results of the elections.
Upon the entire record in the case, the Board makes the following :
WILSON-JONES COMPANY
SUPPLEMENTAL FINDINGS OF FACT
729
We find that each of the following two groups of employees, em-
ployed by Wilson-Jones Company at its Elizabeth, New Jersey, plant,
constitutes a unit appropriate for the purposes of collective bargain-
ing and that such unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act;
(a) Tool and die makers, machinists, maintenance machinists,
machinists' helpers, and apprentices, excluding die setters;
(b) Typesetters, including the foreman of the printing depart-
ment.
We also find that the production and maintenance employees of
Wilson-Jones Company at its Elizabeth, New Jersey, and Chicago,
Illinois, plants, excluding executives, foremen, supervisors, office
clerical help, tool and die makers, and maintenance machinists, and
also excluding machinists, machinists' helpers, apprentices, and type-
setters employed at the Elizabeth, New Jersey, plant, constitute a unit
appropriate for the purposes of collective bargaining and that said
unit will insure to employees of Wilson-Jones Company the full bene-
fit of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF L.-,w
1. Tool and die makers, machinists, maintenance machinists, ma-
chinists' helpers, and apprentices, employed by Wilson-Jones Com-
pany at its Elizabeth, New Jersey, plant, excluding die setters,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor
Relations Act.
2. Typesetters, including the foreman of the printing department,
employed by Wilson-Jones Company at its Elizabeth, New Jersey,
plant, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. Production and maintenance employees of Wilson-Jones Com-
pany at its Elizabeth, New Jersey, and Chicago, Illinois, plants, ex-
cluding executives, foremen, supervisors, office clerical help, tool and
die makers, and maintenance machinists, and also excluding machin-
ists, machinists' helpers, apprentices, and typesetters employed at
the Elizabeth, New Jersey, plant, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act.
730 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CERTIFICATIONS OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT Is HEREBY CERTIFIED that International Association of Machin-
ists, Lodge 315, A. F. L., has been designated and selected by a ma-
jority of the tool and die makers, machinists, maintenance machinists,
machinists' helpers, and apprentices, employed by Wilson-Jones Com-
pany at its Elizabeth, New Jersey, plant, excluding die setters, as
their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the National Labor Relations Act,
,International Association of Machinists, Lodge 315, A. F. L., is the
exclusive bargaining representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment;
IT Is HEREBY CERTIFIED that Elizabeth Typographical Union No.
150, has been designated and selected by a majority of the typesetters,
including the foreman of the printing department, employed by Wil-
son-Jones Company at its Elizabeth, New Jersey, plant, as their
representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the National Labor Relations Act, Eliza-
beth Typographical Union, No. 150, is the exclusive bargaining rep-
resentative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
.and other conditions of employment.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY ORDERED that the joint petition for investigation and
certification of representatives of employees of Wilson-Jones Com-
pany, Elizabeth, New Jersey, filed by International Printing Press-
men and Assistants' Union of North America and Elizabeth Typo-
graphical Union No. 150, A. F. L., in the name of Elizabeth
Typographical Union No. 150, A. F. L., be, and the same hereby is,
dismissed in so far as it refers to International Printing Pressmen
and Assistants' Union of North America.