Court Square Press, Inc.

National Labor Relations Board - Board Decisions

Jan 13, 1943

46 N.L.R.B. 1078 (N.L.R.B. 1943)

In the Matter of COURT SQUARE PRESS INC. and BOSTON PRINTING
PRESSMEN 'S UNION, LOCAL No. 67 AND BOSTON PRESS ASSISTANTS',
UNION, LOCAL No. 18 (A. F. OF L.)
Case No. B=4112
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
January 13, 1913
On September 30, 1942, the National Labor Relations Board issued
a Decision and Direction of Election in this proceeding, finding that
certain employees of Court Square Press. Inc., Boston, Massachusetts,
herein called the Company, constituted an appropriate bargaining
unit and directing that an election be conducted among them to deter-
mine whether or not they desired to be represented by Boston Printing
Pressmen's Union, Local No. 67, and Boston Press Assistants' Union,
Local No. 18, herein collectively called the- Locals.' On October 8,
1942, Amalgamated Lithographers, of America, herein called the
Lithographers, filed a motion to intervene, requesting that the Board
reconsider its findings with respect to the unit found appropriate for
bargaining in the Decision, noted above and, that the Board set,aside
the Direction of Election,.pending such reconsideration. On October
12, 1942, the Board issued an order granting the motion of the Lithog-
raphers, setting aside the Direction of Election issued on September
30, 1942, and remanding the case to the Regional Director for the First.
Region for further hearing.
Pursuant to notice, further hearing was held at Boston, Massachu-
setts, on November 17, 18, and 30, 1942, before Samuel G. Zuck, Trial
Examiner. The Company, the Lithographers, and the Locals ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing upon the issues. The Trial Examiner's rulings made at the
further hearing are free, from prejudicial error and are hereby af-
firmed. On December 15, 1942, the Lithographers filed a brief which
the Board has considered.
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46 N. L. R. B., No 124
1078
COURT SQUARE PRESS, INC. 1079'
Upon the record so made, and the record previously made, the Board
makes the following:
SUPPLEMENTAL 'FINDINGS OF FA&
° I. THE APPROPRIATE UNIT
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In the Decision issued on September 30, 1942, the Board found that
all employees of the Company in the job press, letter press , ticket press,
and offset printing press departments , excluding supervisory em-
ployees and errand boys , constituted a unit appropriate for the pur-
poses of collective bargaining. The unit thus described includes all
pressmen, helpers , and apprentices engaged in operating raised -letter
and offset presses at the Company's plant. The Lithographers objects
to the inclusion of offset press operators in the-bargaining unit with
raised-letter press operators. The Lithographers desires that the
Board make no present determination of a unit appropriate for offset
press operators.
The original record in this proceeding, upon which the Board based
its findings of September 30, 1942, did7not disclose the extent of
representation of 'employees operating the Company 's offset presses
by the Locals other than that the Locals did not claim to represent a
majority of such employees at the time of the hearing. The record
disclosed that three press operators divided their time between an
offset press and a raised-letter press and that the Locals, by virtue of
the charter issued to them by International Printing Pressmen and
Assistants ' Union of North America, herein called the Pressmen,
had craft jurisdiction over all pressmen , helpers , and apprentices
employed by -the Company. '
During the course of the further hearing the Locals admitted that
they had no present representation among employees operating the
Company's offset presses . The Lithographers is presently engaged iii
organizing all employees in the Company's lithographic department,
including the offset press operators , on an industrial basis . Althqugh
in 1916 the American Federation of Labor, with which both the
Pressmen and the Lithographers are affiliated , in settlement of a long-
standing jurisdictional dispute between the Lithographers and the
Pressmen concerning offset press operators , awarded jurisdiction over
them to the Pressmen , the matter is the subject of current consider-
ation and - appeal . - Since the Locals do not at . this•time < represent,,any
employees engaged in operating the 'Company's offset printing
presses, we shall not, on the basis of the present record, make at this
time any determination of an appropriate bargaining unit for the
Company's offset press operators. We shall , accgrdingly , amend the
1080 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargaining unit heretofore found appropriate for, the Company's
employees and shall exclude therefrom offset printing pressmen, their,
helpers, and apprentices.
We find that all employees of the Company in the job press, letter
press, and ticket press' departments, excluding supervisory employees
and errand boys, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
H. THE DETERMINATION OF REPRESENTATIVES
The amended unit found appropriate above corresponds with" the,
unit originally set forth by the-Locals, the petitioners herein, as the,
appropriate bargaining unit for the Company's press operators. At
the further hearing-the Locals amended their original unit to include
the offset press operators and conform it to the unit heretofore found
appropriate by the Board. We will assume that the Locals desire'
to participate in an election among employees in the amended unit
found appropriate above, to which they have limited their, present '
organizational activities, and shall therefore provide for an election
among these employees to determine whether or not such employees-
desire to be represented by' the Locals jointly for the purposes of
collective bargaining. If, however, the Locals do not desire at this
time to participate in such election, we shall permit them to withdraw
without prejudice, the petition filed herein.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
of the Company within the amended unit found appropriate in
Section I, above, who were employed during the pay-roll period
immediately preceding the date of the Second Direction of Election,
subject to the limitations and additions set forth therein.
SECOND 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby '
DIRECTED that, as part of the - investigation to ascertain repre-
sentatives for the purposes of collective bargaining' with Court
Square Press,, Inc.,. Boston, Massachusetts, an election by secret
ballot shall be conducted as early as possible but not later than thirty
(30) days from the date of this Second Direction, under the direction
and supervision of the Regional Director for the First,Region,, acting
in this matter as agent for the National Labor Relations Board, and
COURT SQUARE PRESS, INC. 1081
subject to Article III, Section 10, of said Rules and Regulations,
iamong all employees of the Company within the amended unit found
appropriate in Section I, above, who' were employed during the pay-,
roll'period immediately preceding the date of this Second Direction,
including employees who did not work during such 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 employees
who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by, Boston Printing
Pressmen's Union, Local No. 67, and Boston Press Assistants' Union,
Local No. 18, for the purposes of collective bargaining.
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