Master-Craft Corp.

National Labor Relations Board - Board Decisions

Jan 15, 1945

60 N.L.R.B. 56 (N.L.R.B. 1945)

In the Matter of MASTER-CRAFT CORPORATION 1 and INTERNATIONAL
BROTHERHOOD OF BOOKBINDERS, A. F. OF L.
Case No. 7-R-1897.-Decided January 15, 1945
Mr. C. N. Sessions, of Muskegon, Mich., for the Company.
Mr. Robert E. Haskin, of Chicago, Ill., for the Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE I
Upon a petition duly filed by International Brotherhood of,Book-
binders, A. F. of L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Master-Craft Corporation, Kalamazoo, Michigan, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Cecil Pearl, Trial
Examiner. Said hearing was held at Kalamazoo, Michigan, on De-
cember 15, 1944. The Company and the Union appeared and partic-
ipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Master-Craft Corporation is a Michigan corporation with a plant,
involved in this proceeding, located at Kalamazoo, Michigan. It is
there engaged in the manufacture of loose-leaf filing equipment and
forms therefor. During the past year, the Company's purchases
I Name as amended at the hearing.
60 N L R. B., No. 10.
56
MASTER-CRAFT CORPORATION 57
amounted to $330,000, of which 45 percent came from points outside
the State of Michigan. During the same period, the Company's sales
approximated $1,000,000, of which 80 percent was shipped to points
outside the State. -
The Company admits that it is engaged in commerce within'the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Bookbinders, affiliated with the
American Federation of Labor, is a labor organization admitting to
membership employees of-the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of certain of its employees until
such time as the Union is certified by the Board.
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.'
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 Union seeks a bargaining unit consisting of all employees of
the Company at its plant at Kalamazoo, Michigan, including working
foremen and foreladies, but excluding office and clerical employees,
and the superintendent. The Company agrees with the position of the
Union, except that it would exclude the working foremen and fore-
ladies. It, asserts that these employees should be excluded because
they are part of management, have the power to hire and discharge,
and are solely responsible for the work produced in their respective
departments. In its brief it argues that the Board's-practice of includ-
ing foremen in printing trades units of non-supervisory employees is
confined to instances where the parties are in accord as to their inclu-
sion, and was meant to be limited further to cases in which the employer
involved had operated under a collective bargaining 'agreement pro-
viding for such inclusion.
2 The Field Examiner reported that the Union submitted 55 designation cards, that 53
of the cards were dated "November, 1944" and that 2 were undated, and that all 55 of the
designation cards bore names appearing on the Company's pay roll of November 29, 1944,
which contained the names of 83 employees in the alleged appropriate unit The Field
Examiner further reported that 5 of the 55 designation cards bore names of persons listed
on the pay roll of the Company as "supervisors."
58 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The record discloses that the Company's operations are such that
it is considered to be in the printing business, and that it is customary
in that business to include foremen in units of non-supervisory work-
ers. There are 83 employees in the unit petitioned for, of whom 11
are working foremen and' foreladies who work directly under the fac-
tory superintendent. There is no indication that the duties of the
working foremen and foreladies extend to matters of business policy.
While they are apparently supervisory employees within the meaning
of our customary definition, we have heretofore included such printing
trades employees in bargaining units comprised of non-supervisory
workers 3 This has been our practice notwithstanding the disagree-
ment of, the parties concerning their inclusion.4 Furthermore, we
are not persuaded that their inclusion, sanctioned by custom and tra-
dition and evidenced in part by collective bargaining agreements in
the printing trades generally, should be dependent upon whether or
not the particular employer involved has operated under a contract
covering a unit embracing such employees.5 Accordingly, we shall
include the working foremen and foreladies in the unit.
We find that all employees at the Kalamazoo, Michigan, plant, of
the Company, including the working foremen and foreladies, but ex-
cluding office and clerical employees, and the superintendent, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
I
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.
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 .Master-Craft
Corporation, Kalamazoo, Michigan, an election by secret ballot shall
3 See Matter of John Dickinson Schneider, et al , 59 N. L. R. B. 1133.
' See Matter of John Dickinson Schneider, et at., supra; Matter of Service Printers, Inc.,
54 N L. R. B. 1052 ; Matter of Leo Lichtenstein, at at., 55 N. L. R. B. 1429.
5 See Matter of John Dickinson Schneider , et at., supra ; Matter of Service Printers, Inc;
supra; Matter of Leo Lichtenstein , et at., supra.
MASTER-CRAFT CORPORATION 59
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 Seventh 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 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 dur-
ing said pay -roll period because they were ill or on vacation or tem-
porarily laid off , and including employees in the armed forces of the
United States who present themselves in person at the polls , but ex-
cluding any who have since quite 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 Inter-
national Brotherhood of Bookbinders , A. F. of L ., for the purposes
of collective bargaining.
0