Shore Line Press

National Labor Relations Board - Board Decisions

Oct 27, 1944

58 N.L.R.B. 1383 (N.L.R.B. 1944)

In the Matter of JOE M . COOKSEY, D/B/A SHORE LINE PRESS and Cm-
CAGO TYPOGRAPHICAL UNION No. 16, I. T. U.-A. F. OF L.
Case No. 13-H-0592.-Decided October 07, 19444.
Mr. Otto A. Jaburek, of Chicago, Ill., for the Company.
Mr. John J. Pilch, of Chicago, Ill., for the Union.
Miss Ruth Rusch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Chicago Typographical Union No.
16, I. T. U.-A. F. of L., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Joe M. Cooksey, d/b/a Shore Line Press, Chi-
cago, Illinois, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Gustaf B. Erickson, Trial Examiner. Said hearing was held
at Chicago, Illinois, on September 19, 1944. The Company and the
Union appeared and participated. All parties were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudical error and are here-
by 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
I. THE BUSINESS OF THE COMPANY
The Company is engaged in the printing business. During 1943,
the Company bought raw materials, consisting of paper and ink and
amounting to $20,000 in value, all of which were purchased within
the State of Illinois. For the same period, the Company's business
58 N. L. R. B., No. 251.
1383
1384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
amounted to more than $100,000 in value, of which 33 percent was,
shipped to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Chicago Typographical Union No. 16, I. T. U., is a labor organiza-
tion affiliated with the American Federation of Labor, admitting to,,
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
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 Company and the Union agree that the unit should be com-
prised of composing room employees. However, there is a question
concerning the inclusion of an employee who is listed on the pay roll
as a compositor, but who is also a stereotyper. The record discloses
that the employee in question spends about half of his time doing the
work of a compositor and devotes the, remainder to doing stereotype
work. The Union desires to include this employee in the unit and
represent him as a compositor, but it does not admit stereotype oper-
ators, as such, to membership and declines to represent the employee
in question in the latter capacity. The Company fears that, unless
the Board rules that the Union, if certified, must represent this em-
ployee as a stereotyper, as well as in his capacity as a compositor, it
may be required by the Union to terminate its practice of utilizing the
services of one individual in the two types of work. Stereotype work
is not among the composing room operations over which the Interna-
tional Typographical Union traditionally asserts jurisdiction, and
there is another well-established union affiliated with the American
I The Field Examiner reported that the Union submitted 6 membership application cards, 5
of which bore the names of persons listed on the Company ' s pay roll of September 2, 1944,
which contained the names of 11 employees in the appropriate unit. The cards were dated
in July 1944.
SHORE LINE PRESS .1385
Federation of Labor which represents stereotypers.2 Accordingly,
we shall deny the Company's request that the individual in question
be included in the unit as a stereotyper, but we shall include him
therein as a compositor.3
We find, in accordance with the stipulation of the parties and the
record, that all hand compositors, linotype operators, ludlow oper-
ators, lockup and lineup men, proofreaders, apprentices, foremen, and
assistant foremen, excluding the part-time linotype operator,4 office
employees, superintendent, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective bar-
gaining 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 the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Joe M. Cooksey,
d/b/a Shore Line Press, Chicago, Illinois, 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 super-
vision of the Regional Director for the Thirteenth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said, Rules and Regula-
tions 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
2 Peterson, Florence : Handbook of Labor Unidns, Fraternity Press, 1944, p 357 ; United
State Department of Labor • Handbook of American Trade-Unions (1936 edition), p 218.
3 See Matter of The Wallace Press, 56 N. U. R. B 469
4 This individual is the father of the owner of the Company, and is occasionally employed
as a compositor. The parties agreed at the hearing that he should be excluded from the
unit.
1386 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 the election, to determine whether or not they desire to be repre-
sented by Chicago Typographical Union No. 16, for the purposes of
collective bargaining.
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