Rapinwax Paper Co.

National Labor Relations Board - Board Decisions

Jun 29, 1944

56 N.L.R.B. 1774 (N.L.R.B. 1944)

In the Matter of RAPINWAX PAPER COMPANY and CHICAGO PRINTING
'PRESSMEN'S UNION #3, AND FRANKLIN UNION #4, AFFILIATED WITH
THE INTERNATIONAL PRINTING PRESSMEN AND ASSISTANTS UNION OF
NORTH AMERICA , A. F. OF L.
Case No. 13-R-2423.-Decided June 29, 194,1.
Fjffe &' Clank, by Mr. Albert J. Smith, of Chicago, Ill., for the
Company.
Messrs. Joseph B. Roche , James F. Doyle , and Edward F. Land-
wehr, all of Chicago ,. Ill-., for the Unions. . ,
Mr. Glenn L . Moller, of counsel to the Board.
DECISION
AND,
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a joint petition duly filed by Chicago Printing -Pressmen's
Union #3 and Franklin Union #4, 'affiliated with the International
Printing Pressmen and Assistants Union of North America, A. F.
of L., referred to jointly as the Unions, alleging that a question affect-
ing commerce had arisen concerning the representation of employees:
of Rapinwax Paper Company, Chicago, Illinois, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before George S. Freudenthal,. Jr,,.
Trial Examiner. Said hearing was held at Chicago, Illinois, on May_
23, 1941. The Company and the Unions 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. 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
I. THE BUSINESS OF THE COMPANY
Rapinwax Paper Company, a Minnesota corporation, operates a
,plant located in.Chicago, Illinois, where it is engaged in the manu-
56N L. R. B No. 316. l
1774
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RAPINWAX PAPER COMPANY 1775
facture of wrappings for food products. During the year 1943, the
Company purchased raw materials for use at its Chicago plant valued
in excess of $50,000, of which more than 35 percent was purchased and
shipped to the Chicago plant from points outside the State of Illinois.
During the same period, the Company's finished products were valued
,in excess of $500,000, over 35 percent of which was shipped from the
Chicago plant to points outside the State of Illinois.
The'Company admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Chicago Printing Pressmen's Union #3 and Franklin Union #4,
affiliated with the International Printing Pressmen -and Assistants
Union of North America, and with the American Federation of Labor,
are labor organizations admitting to, membership employees of the
Company. .
111. THE QUESTION CONCERNING REPRESENTATION '
The Company has refused to grant recognition to the Unions as the
exclusive- bargaining representative of the Company's pressroom
employee's ,until' the., Unions have been- certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that. the Unions represent a substantial number of
'employees in the unit liereinafter found appropriate.'
'We find that a ' questionaffecting 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 employees in the Company's pressroom
constitute,, an, appropriate bargaining unit., The Company, takes no
position ith respect to the appropriate unit.. - -
The Company's plant is divided into some 11 departments, one of
which is the pressroom here' involved. Although the Unions have
described the unit for which they contend as a departmental unit, what
they actually seek is a craft unit which, in this instance, happens to
conform to the Company's pressroom department. There are em-
ployed in the pressroom 8 pressmen, 6 assistants, and 2 foremen, all
skilled workers coining within the traditional craft jurisdiction of the
The Board agent reported that the Unions submitted 15 application-fot-membership
cards and that there are 16 employees in the apnrooriate unit.
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:1776 DECISIONS OF', NATIONAL LABOR RELATIONS BOARD
Unions. No other union seeks to represent the remaining employees
in the plant and there is no evidence that any labor organization has
l5reviously organized any of the Company's employees. We find that
the craft unit here sought by the Unions is appropriate for the pur,
poses of collective bargaining.2
We find that all pressmen and their assistants in the employ of the
Company at its plant at Chicago, Illinois, including the two pressmen
foremen, but excluding the superintendent- 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
employees in the appropriate unit who were employed during the pay-
Jroll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction .3
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, it is hereby
DIRECTED that, as part of the investigation to ascertain -representa-
tives for the purposes of collective bargaining ;with Rapinwax'.Paper
Company, Chicago, Illinois, an election by secret ballot shall be con-
ducted 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 Thirteenth 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 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
3 Because of _the long tradition of including foremen in collective bargaining agreements
'in the printing trades, we shall grant the request of the Unions that the foremen be included
in the unit See Hatter of TV F. Hall Company, 51 N. L. R B. 640.
3The Unions requested that eligibility to participate in the election be based upon -the
Company 's pay roll of May 14, 1944 , but presented no substantial reasons in - support
of such a departure from our customary procedure The request is denied.
RAPINWAX PAPER COMPANY 1777
those employees 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 Chicago
Printing Pressmen 's Union #3 and Franklin Union #4, affiliated with
the International Printing Pressmen and, Assistants Union of North,
America, and with the American Federation of Labor, for the purposes
of collective bargaining.