J. G. Pearson Co.

National Labor Relations Board - Board Decisions

May 8, 1943

49 N.L.R.B. 622 (N.L.R.B. 1943)

a
In the Matter of J. G . PEARSON, DOING 'BUSINESS AS J'. G. PEARSON COM-
PANY and NEW YORK PRINTING , IPRESSMEN 'S UNION #51 AND NEW
YORK TYPOGRAPHICAL. UNION #6
Case No.. R-5207.-Decided May 8, 19.43 ,
1
Mr. David J. Goldberg, of. New York City, for the Company.
Mr. Max H. Frankle and Mr. George Weisb`rod, of New York City,
for the Unions.
Mr. Louis Cokin, of counsel to the Board.
DECISION .
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon joint petition and amended petition duly 'filed by New York
Printing Pressmen's Union #51 and New York Typographical. Union
#6, herein collectively called the Unions,, alleging that a question af-
fecting commerce had Arisen -concerning the representation of em-
ployees of J. G. Pearson, doing business as J. G. Pearson Company,.
New York City, herein called the' Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Cyril W. O'Gorman, Trial Examiner. Said hearing was held
at, New York City on April 16, 1943. The Companyand the Unions
appeared, participated and 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 hear,-,
ing.are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes, the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE, COMPAINY
J. G. Pearson is an individual doing business as J. G. Pearson Com-
pany with his principal place of business at New York City, where
-he is engaged in the manufacture, sale, and distribution of carbonized
forms. During 1942 the Company purchased raw materials, valued in
49 N. L. R. B., No. 89. .
622 '
J. G. PEARSON COMPANY 623
excess of $25,000, 5 percent of which was -shipped to it from points
outside, the State of New York. - During the ,same period the. Com-,
pany sold finished products valued in excess of $100,000, 33 percent of
which was' shipped to points outside the State of New York. The
Company admits that it is engaged in commerce within, the meaning
of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED ! -
New York Printing Pressmen's Union #51 and New York Typo-
graphical Union #6 are labor organizations, admitting to membership
employees of the Company.
-III, THE QUESTION, CONCERNING REPRESENTATION
The Company refuses to recognize the Unions as the exclusive repre-
sentative of certain of its,employees ,on the ground that the employees
claimed by the Unions do not constitute an appropriate bargaining
unit.
A statement of the, Regional Director, introduced into evidence at
the hearing, indicates that the Unions represent a substantial number
of employees in the'unit hereinafter found to'be 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 Unions contend that all compositors and pressmen of the Com-
pany constitute an appropriate unit. The Company contends that all
its employees, including employees claimed by the Unions, constitute
a single appropriate unit'. The proposed unit includes all employees
of the Company over which the. petitioners jointly exercise craft
jurisdiction.
The Company's plant occupies a floor of a large .building. All its
employees are on the same floor, and are hot physically separated
one from the other., Some employees.are qualified to do more than one
operation and there is some interchange of help among men in the
several departments. The Unions do not deny the correlation of the
Company's several departments, but justify the proposed unit on a
strictly craft.basis and their limited craft. jurisdiction. At the present
time, so far as the record discloses, inp labor organization other than
I The Regional Director reported that the Unions presented four membership applica-
tion cards bearing apparently genuine signatures of persons whose names appear on the
Company ' s pay roll of March 16 , 1043. There are five employees in the appropriate unit.
624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Unions claims to represent employees of the Company in any craft:
or industrial' unit. 'The Company'has not in the past bargained, with
any labor organization with respect to its employees. The record shows
that compositors and pressmen constitute skilled crafts and that their
work is functionally interrelated. We find that a unit limited ,to
compositors and pressmen is appropriate.
We find that all compositors and' pressmen of the Company con-
stitute 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 means of an election by secret ballot among
the 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Relations
.Board Rules and Regulations-Series 2, amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of-collective bargaining with J. G. Pearson, do-
ing business as J. G. Pearson Company, New York City, 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 directioiti
and supervision of the Regional Director for the-Second Region, acting
in this matter as agent for the National Labor Relations' Board, and
subject to Article III, Section 10, of said Rules and Regulations, 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 any'such employees *ho 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 any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by New York
Printing,Presssmen's Union #51 and New Yoi•k Typographical Union'
#6, for the purposes of collective bargaining.'