Jahn & Ollier Engraving Co.

National Labor Relations Board - Board Decisions

Jan 22, 1943

46 N.L.R.B. 1289 (N.L.R.B. 1943)

In the Matter of JAHN & OLLIER ENGRAVING COMPANY and CHICAGO
PHOTO ENGRAVERS UNION No. -5 (A. F. of L.)
Case No. B-4747.-Decided January 02, 194.3
Jurisdiction : photoengraving industry.
Investigation and Certification of Representatives : existence of question:
questioning union's claim of majority and refusal to enter into collective bar-
gaining; election necessary.
Unit Appropriate for Collective Bargaining: all employees engaged in the
actual-production of photoengraving, with specified inclusions and exclusions ;
agreement as to.
Mr. John Harrington of Fyffe d Clark, of Chicago, Ill., for the
Company.
Mr. Ernest R. Loewy, of Chicago, Ill., for the Union.
Miss Viola James, of counsel to the, Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Chicago Photo Engravers Union No. 5,
.affiliated with the American Federation of Labor, herein called 'the
Union, alleging that a question affecting commerce had.arisen con-
cerning.the employees of Jahn & Oilier Engraving Company, Chi-
cago, Illinois, herein called the Company, the National'Labor'Rela-
tions Board provided for an appropriate hearing upon due notice
before Russell Packard, Trial Examiner. Said hearing was held at
Chicago, Illinois, on January 11, 1943. The Company and the Union
appeared, participated, and were -afforded full opportunity to be
heard, to examine -and cross-examine witnesses, and to,introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at
.the hearing are free from prejudicial error and.are,hereby -affirmed.
Upon'the entire record in•the,case,the Board makes the following:
46 N.'L. R.`B., No:157. ' .. ,
1289
1290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The representative for the Company stipulated at the hearing, and
we find, that the business of the Company is substantially the same as
found in a prior case before the Board, with the exception that the
amounts of raw materials purchased and products sold are approxi-
mately 25 percent less.' The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Chicago Photo Engravers Union No. 5, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 16, 1942, the Union notified the Company that it rep-
resented a majority of the employees involved herein, and requested
a meeting to discuss the matter of recognition as the bargaining agent.
The Company by letter dated December 19, 1942, questioned the claim
of the Union and refused to enter into collective bargaining.
A report of the Regional Director, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.2
1 See Matter of Jahn & Oilier Engraving Company and Chicago Photo Engravers Union,
Local #5, 24 N. L. R. B. 893. There the Board found :
The respondent , Jahn & Oilier Engraving Company , is a Delaware corporation hav-
ing its principal office and place of, business in Chicago , Illinois . It is engaged in the
business of commercial printing , photoengraving , and commercial photography
The principal raw materials used by the respondent are chemicals , metals, paper,
wood, glass , and ink. During 1939 the respondent spent approximately $ 100,000 for
the purchase of such materials , of which about 3 percent were purchased outside the
State of Illinois.
The principal products of the respondent are drawings , mechanical illustrations,
retouched photographs , half-tones, zinc etchings , and color process plates . 'The aver-
age yearly billings of the respondent amount to about $1 ,000,000 of which approxi-
inately 30 percent represents billings to customers outside the State of Illinois.
The respondent maintains branch offices in Pittsburgh , Penn 'sylvania • and New York
City„and employs salesmen whose territories embrace the States east of the Mississippi
River.
2 The 'Regional Director reported that the Union alleged to represent 90 percent of the
employees in the claimed unit , and in support of its allegation submitted 97 designation
cards, all dated between October and December 1942, all bearing apparently genuine orig-
inal signatures, and all 97 signatures being the names of persons on a list purporting to
contain the names of persons on the Company 's pay roll as of December 23, 1942, submitted
by the Union, which list contained the names of 110 persons within the appropriate unit.
The list submitted by the Union was used because the Company refused to furnish a pay
roll, although requested to do so.
JAKN & OLLIER ENGRAVING COMPANY 1291
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
We find, in accordance with the agreement of the parties, that all
employees of the Company engaged in the actual production of
photoengraving, including photographers, line etchers, tint layers,
routers, blockers, proofers, half-tone etchers, strippers and printers,
and finishers, excluding office and clerical employees, salesmen, er-
rand boys, maintenance men, artists, mask makers, copy scalers, serv-
ice men, glass washers, copy boys, and all supervisory employees
not engaged in the actual production of photoengraving, 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
The Union urged that eligibility,to vote be determined by reference
to the pay-roll period of the date of the filing of the petition. The
Company is engaged in seasonal work with the busy, season being the
first 6 months of the year. The president of the Company stated
that in spite of the Company's seasonal business the pay roll reflects
few changes during the year, and that the Company expects no de-
creases or increases in the number of its employees in the near future.
Under these circumstances, we see no reason for departing from our
usual practice of using a current pay roll. Accordingly, we shall
direct that the question concerning representation which has arisen
be resolved by 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 Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Jahn & Other
Engraving Company, Chicago, Illinois, an election by secret ballot
This is the same unit that the parties agreed to in a consent election agreement of
November 18, 1938.
1292 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
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; 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 employees who did
not work during said pay-roll period because they were ill or oil'
vacation or r 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 Chicago Photo Engravers Union No. 5, affiliated with the Ameri-
can Federation of Labor, for the purposes of collective bargaining.