Ross-Gould Co.

National Labor Relations Board - Board Decisions

Jun 2, 1944

56 N.L.R.B. 1176 (N.L.R.B. 1944)

In the Matter of ROSS-GOULD COMPANY and AMALGAMATED LITHOG-
k RAPHERS OF AMERICA, ST. Louis LOCAL 5
Case No. 14-R-956.-Decided June 2, 19414
Messrs. C. F. M. Curlee and R. R. Moll, of St. Louis, Mo., for the
Company. _
Messrs. M. Liberatore and Howard Rees, of St. Louis, Mo., for the
Union.
Mr. Joseph Lepie, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Lithographers of
America, St. Louis Local 5, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Ross-Gould Company at its plant at St. Louis,
Missouri, herein called the Company, the-National tabor Relations
Board provided for an appropriate hearing upon due notice before
Keith W. Blinn, Trial Examiner. Said hearing was held at St.
Louis, Missouri, on May 4, 1944. The Company-and the Union ap-
peared 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
1. THE BUSINESS OF THE COMPANY
Ross-Gould Company, a Missouri corporation, -is engaged at St.
Louis, Missouri, in the business of offset printing, advertising, and
printing visible card records. During the year 1943 the Company
purchased raw materials exceeding $100,000 in value, of which in
56 N. L. R. B, No. 209.
1176
ROSS-GOULD • COMPANY 1177
excess 'of 70 percent was shipped to the St. Louis plant from points
outside the State of Missouri. During the same period the Company's
sales exceeded $100,000 in value, of which more than 60 percent was
shipped from the St. Louis plant to points outside the State of
Missouri.
The Company admits that it is engaged in commerce within the
meaning of the'National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Amalgamated Lithographers of America, St. Louis Local ' 5, affil-
iated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that on April 4, 1944, the Union,requested
recognition as the exclusive bargaining representative for all litho-
graphic employees of the Company and that the Company refused to
grant such recognition until the-Union-was 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
employees 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 claims' that the appropriate unit should be comprised
of all, employees in the Company's plate, camera, offset press, art,
stripping and opaque departments, including multilith operators,
the head pressman, and the night superintendent, but excluding non-
working foremen and other supervisory employees. The Company
contends that only a plant-wide unit is appropriate. The' record cUd-
closes no bargaininghistory involving the Company's employees.
The operatious,of the Company are divided into lithographic, bind-
ing, Handifax, multigraph and mimeograph, and addressing -and
mailing sections. All sections, with the exception of the lithographic
section, are located on a single floor; the lithographic section is situ-
ated on a separate floor. ' Because of lack of space on the lithographic
floor, one large 2-color lithographic press is located in the basement.
1 The Field Examiner reported that the Union submitted 14 designations bearing ap-
parently genuine original signatures of persons listed on the Company ' s pay roll of April
16, 1944 , which contained the names of 16 employees in the appropriate unit
1178 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
All the employees claimed by the Union are employed in the litho-
graphic section. They are engaged in preparing copy, making photo-
graphic reproductions of copy, lithographic plate-making, and
lithographic printing.
Since the employees in the various classifications in the unit sought
by the Union possess'varying degrees of skill and all require a degree
of proficiency and experience, interchange of employees between the
lithographic section and other sections is not feasible. The litho-
graphic section has almost entirely separate supervision and its em-
ployees are members of the same craft: The jurisdiction of the Union 2
is limited to these employees and it seeks its traditional unit. More-
over, it appears that the Union has collective bargaining contracts with
other companies in St. Louis covering employees in units substantially
the same as that'for which it is now petitioning. We are, therefore,,
of the opinion that the unit sought is appropriate for the purposes of
collective bargaining.
The Union seeks to include the' head pressman and night superin-
tendent whereas the Company requests their exclusion.
The head pressman,3 the Company's most skilled pressman, is in
charge of the 2-color lithographic press in the basement. He is
designated by'the Company as a working foreman. Approximately
all iris time is spent in production work and he assists in advising
with respect to the purchase of paper and ink. He has no authority
to hire, discharge, or recommend such action. We shall include hiiu
in the unit, especially since similar classifications are traditionally
included in units of non-supervisory employees in the printing trade.4
The night superintendent ' - is in complete charge of the entire
night shift.' He has power, to' recommend hiring 'and discharging
'despite the fact that he spends approximately 60 percent of his time
in production work. Since he is in direct charge of the plant during
the night shift and appears to possess inanagerial authority, we shall
exclude him from the unit.7
We find'that all employees in the plate, camera, offset press, art,
stripping, and' opaque departiilents of the Company, including multi-
lith operators and the head pressman,,but excluding the night 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, coil-
St Louis Local 5.
a Albei t Renda'
* See Matter of TV. F. Hall Printing Company, 51 N L. R. B. 640.'
$ Mathew Kristoff.
There are approximately 25 employees on the night shift. Under Kristoff there'is a
foreman in charge of the bindery section. Kristoff spends about 80 percent of his time
in the Lithographic section
7 See Matter of Chicago Rote print Company, 45 N. L. R. B. 1263.
ROSS-GOULD COMPANY 1179,,
stitute 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 `vho 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. I . '
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 Re-'
lations At, and pursuant to Article 111, Section 9, of National
Labor Relations Board Rules and Regulation's Series 3, it is hereby
. DIRECTED that, a's,part of the'investigation to ascertain fepresenta-
tives for the purposes of collective bargaining with Ross-Gould Com-
pany, St. Louis, Missouri, 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 Fourteenth 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 wlio 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 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 Amalgamated Lithographers of America,
St. Louis Local'5, affiliated with the American Federation of Labor,
for the purposes of collective bargaining.