John S. Swift Co., Inc.

National Labor Relations Board - Board Decisions

Apr 17, 1945

61 N.L.R.B. 586 (N.L.R.B. 1945)

In the Matter of JOHN S. SWIFT Co ., INC., and AMALGAMATED LITHOG-
RAPIIERS OF AMERICA, LOCAL No. 1, A. F. OF L.
Case No. 2-B-5296.-Decided April 17,1915
Deberoise , Stevenson , Plimpton & Page, by Mr. D. F. McGlinchey,
of New York City, for the Company.
Mr. Benjamin M. Robinson , by Mr . Mathew Silverman , of New York
City, for the Union.
Miss Katharine Loomis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Amalgamated Lithog-
raphers of America, Local No. 1, A. F. of L., herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of John S. Swift Co., Inc., New York
City, herein called the Company, the National Labor Relations Board
provided- for an appropriate hearing upon due notice before David
H. Werther, Trial Examiner. Said hearing was held at New York
City on March 5, 1945. The Company and the Union appeared and
participated. All parties were afforded full opportunity to be heard,
to,examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. At the hearing the Company moved to dismiss
the petition, alleging that the Union had made no showing in the
petition that it represented either a majority or a substantial number
of employees in the appropriate unit. Ruling on this motion was
reserved for the Board. For reasons set forth in Section III, infra,
the motion is hereby denied.' The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded an opportunity to file briefs with the Board.
1 Also at the hearing the Union moved to amend the petition to show that 23 employees
had designated the Union as their bargaining representative . In view of the reasons
underlying our disposition of the Company 's motion, we find it unnecessary to rule on the
Union ' s application.
61 N. L. R. B., No. 83.
586
JOHN S. SWIFT CO., INC. 587
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
John S. Swift Co., Inc., is a Missouri corporation having its prin-
cipal office in St. Louis, Missouri, and operating plants in St. Louis,
Chicago, Cincinnati, and New York City. We are here concerned
with its plant in New York City. The Company is engaged in the
business of photo offset printing, also known as lithography. During
the last 12 months the Company purchased for use at its New York
City plant more than $250,000 worth of raw materials consisting prin-
cipally of paper, negatives, negative paper and film and chemicals,
approximately 50 percent of which was shipped from points outside
the State of New York. During the same period its New York City
plant sold more than $1,000,000 worth of finished products consisting
of instruction books, pamphlets and catalogues, approximately 35
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.
IL THE ORGANIZATION INVOLVED
Amalgamated Lithographers of America, Local No. 1, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated January 10, 1945, the Union notified the Company
that it had filed a petition with the Board for certification as exclusive
bargaining agent for the Company's lithographic employees and also
requested recognition and a bargaining conference. The Company
did not reply to this letter.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
'The Field Examiner reported that the Union submitted 21 authorization cards ; that
the names of all persons appearing on the cards corresponded with a list submitted by the
Company which contained the names of 59 employees in the alleged appropriate unit ; and
that the cards were undated
The original petition of the Union stated that 23 employees had designated it as their
bargaining representative . The petition was afterward amended and the number inad-
vertently omitted by the typist. Since the Field Examiner 's report indicates that a
substantial number of employees have designated the Union , we do not consider the defect
sufficient to warrant dismissal of the petition.
588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 record discloses no history of collective bargaining with the
Company. The Union claims that the appropriate unit should be
comprised of all employees in the Company's camera, stripping, plate
making, and press departments, including the foremen of these de-
partments, but excluding the plant superintendent and all other super-
visory employees. The Company agrees that the unit should include
the employees proposed but, contrary to the Union's position asserts
that employees in the bindery department should also be included.
The operations of the Company are divided among the following
departments : the camera, stripping, plate making, and press depart-
ments, located on the 2nd and 3rd floors of the Company's five-story
plant where the processes of photographing, developing, stripping,
opaquing of negatives, plate making, and printing on offset presses
are carried on; the bindery department, located on the 1st floor where
the work of folding, stitching, and trimming is done ; and the general
office, typing, shipping, and maintenance departments.3
The Company bases its claim for the inclusion of the bindery work-
ers in the unit on the fact that their work is closely connected with the
lithographic process. It contends that, because of their familiarity
with lithographic operations, these employees are readily trained as
lithographic workers and that there is some interchange of employees
between the two groups. The record shows that the bindery employees
work on materials produced by the lithographic employees and that
they go to the 2nd and 3rd floors for materials and instructions. How-
ever, it does not bear out the contention of the Company regarding
interchange of employees but, on the contrary, shows that such inter-
change is practically non-existent, a fact which indicates a difference
in the nature of the work of the two groups. It also appears from the
record that each group works with different tools, the bindery workers
using equipment designed for folding, cutting, and stitching the prod-
ucts in their semi-finished state in contrast to the photographic and
printing equipment used by the lithographic employees in the initial
stages of production. The bindery work is done under separate super-
vision and in a different location from the lithographic operations.
Furthermore, the Union limits its membership to workers engaged in
the lithographic process. It does not as a matter of policy organize
employees doing bindery work since such workers do not come within
3 Both parties agree that the employees in the general office, typing , shipping, and
maintenance departments should be excluded from the unit.
JOHN S. SWIFT CO., INC. 589
its traditional craft jurisdiction and are generally organized by a
separate craft affiliate of the American Federation of Labor. We are
of the opinion that the unit sought by the Union is appropriate for the
purposes of collective bargaining.4
We find that all employees of the camera, stripping, plate making,
and press departments of the Company's New York City plant, includ-
ing the foremen of these departments,5 but excluding the plant super-
intendent 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, and all
other employees, 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
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 Election
herein, subject to the limitations and additions set forth in the
Direction.6
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 John S. Swift Co.,
Inc., 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 direction 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, Sec-
tions 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date of
this Direction, including employees who did not work during said
d See Matter of Ross Gould Company, 56 N. L R B 1176.
6 The foremen possess supervisory authority, but are not managerial employees and
are customarily included in units of non-supervisory employees in the printing trades
See Matter of TV F Hall Printing Company, 51 N. L R B 640, and Matter of Ross Gould
Company, supra
6The Union requests that it be designated on the ballot as "Amalgamated Lithographers
of America (AFL), Local 1, New York." The request is granted.
639675-45-vol. 61-39
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 and have not
been rehired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by Amalgamated Lithog-
raphers of America (AFL), Local 1, New York, for the purposes of
collective bargaining.
CHAIRMAN AIILLIS took no part in the consideration of the above
Decision and Direction of Election.