Modern Litho Plate Corp.

National Labor Relations Board - Board Decisions

Nov 7, 1961

134 N.L.R.B. 66 (N.L.R.B. 1961)

66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Modern Litho Plate Corp ., Petitioner and Amalgamated Lithog-
raphers of America, Ind., Local No. 1. Case No. 3-ISM-1126.
November 7, 1961
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act a hearing was held before William G. Haemnel, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board 1 finds :
1. The Employer is engaged in commerce within the meaning of the
Act 2
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9(c) (1) and Section 2(6) and (7) of the Act.
The Union contends that a consent election conducted by the New
York State Labor Relations Board on January 25, 1961, in the agreed
unit bars a National Labor Relations Board election for 1 year.
The record shows that the consent election was won by the Union,
the vote being 8 to 3. There were two challenges. The Employer
objected to the election thereafter, on the grounds that the State board
lacked jurisdiction due to the preemptive right of the National Labor
Relations Board. However, before determination was made on this
objection the New York State board permitted the Union to withdraw
its petition 3
It is the Board 's policy to honor a State -conducted election where
the election itself is valid under State law and not affected by any
irregularities under our standards .' However, we find in the circum-
'Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its
powers in connection with this case to a three-member panel [ Members Leedom, Fanning,
and Brown].
2 The Employer is engaged in the manufacture of lithographic plates in New York City.
Its total gross revenue during 1960 was in excess of $175,000 from sales to firms located
within the State of New York. However, it was stipulated that the Employer' s largest
customer , Kenner Printing Company, had a gross annual revenue in excess of $50,000
from out-of - State customers during the same period Accordingly, the Board will assert
jurisdiction on the basis of the indirect annual outflow in excess of $50,000 Siemons
Mailing Service, 122 NLRB 81
' The Union, in requesting withdrawal of its petition , likewise conceded to the State
board that the Employer did meet the jurisdiction standards of the National Labor Rela-
tions Board, and furthermore "if the Petitioner [Union] were certified by the State Board
and if the Employer committed some unfair labor practices the Petitioner [Union] would
very likely file charges with the National Board rather than with the State Board since
the Employer so strongly contends that the State Board had no jurisdiction over it"
* Olin Mathieson Chemical Corporation, Calabama Plant , at McIntosh, Alabama, 115
NLRB 1501
134 NLRB No. 8.
WESTERN CARTRIDGE COMPANY 67
stances of this case that a final determination by the State board of the
validity of the election has been deliberately avoided by the with-
drawal of the petition. We therefore cannot consider the election
valid. Accordingly, we find no merit in the Union's contention.
4. The appropriate unit :
We find, in accord with the agreement of the parties, that the follow-
ing employees of the Employer constitute a unit appropriate for col-
lective bargaining within the meaning of Section 9 (b) of the Act.
All lithographic production employees, excluding all other em-
ployees, professional employees, guards, watchmen, and supervisors
as defined in the Act.
[Text of Direction of Election omitted from publication.]
Western Cartridge Company 1 and District 9, International
Association of Machinists (AFL-CIO). Case No. R-4688.
November 7, 1961
DECISION CLARIFYING CERTIFICATION
Pursuant to a Board certification on February 6, 1943, the American
Federation of Labor and Affiliated Organizations, was certified as
bargaining representative of a unit of all production and maintenance
employees of the Western Cartridge Company, East Alton, Illinois,
including working foremen who spend less than 50 percent of their
time in performing supervisory functions, and production and main-
tenance clerical employees, but excluding superintendents, general
foremen, working foremen who spend a majority of their time per-
forming supervisory functions, and all supervisory employees of
higher rank, guards, office employees, timekeepers, stenographers and
typists on the factory payroll, technical employees, and firefighters.'
Effective August 28, 1946, District 9, International Association of
Machinists (AFL-CIO), hereinafter referred to as I.A.M., succeeded
and was substituted for the American Federation of Labor and Affili-
ated Organizations as the labor organization representing employees
covered by the certification, including all production employees in the
detonator department of the Employer now known as department
1360-detonator. Thereafter and continuously to the present time, the
parties have entered into collective-bargaining agreements.
On June 13, 1941, in Case No. R-2494, the Chemical Workers
1 Olin DZathieson Chemical Corporation is the successor to Western Cartridge Company.
2 46 NLRB 948.
134 NLRB No. 11.