Spinner Brothers Co.Download PDFNational Labor Relations Board - Board DecisionsJun 29, 194350 N.L.R.B. 976 (N.L.R.B. 1943) Copy Citation r In the Matter Of SPINNER BROTHERS COMPANY and BINDERY HELP AND SPECIALTY WORKERS, LOCAL UNION #182, INTERNATIONAL BROTHER- HOOD OF BOOKBINDERS (A. F. L.) Case No. R_5,512.-Decided June 29, 1943 - Mr. Harold L. Feigenholtz, of Chicago, Ill., for the Company. Mr. Charles Lux, of Chicago, Ill., for the Union: Miss Viollb James, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE r Upon petition duly filed by Bindery Help and Specialty Workers, Local Union #182, International Brotherhood of Bookbinders, affili- ated with the American Federation of Labor, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Spinner Brothers Company, Chi- cago, Illinois, herein called ,the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice before Robert T. Drake, Trial Examiner. Said hearing was held at Chicago, Illinois, on June 2 and 9, 1943. The Company and the Union appeared, participated, and 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 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 Spinner Brothers Company, an Illinois corporation, is- engaged in the business of bookbinding, including the binding of catalogs, text- books, portfolios, and sales manuals. Between January 1 and May 1, 1943, the Company purchased raw materials valued at approximately $3,209 from points outside the State of Illinois. This figure repre- 50 N L R B, No. 139. 976 SPINNER BROTHERS COMPANY 977 sents approximately 5 percent of the total purchases of the Company. During the same period, the Company shipped products to points outside the State of Illinois, Valued' at, approximately $11,000, or 11 percent ofthe Company's total billings. We' find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Bindery Help and Specialty Workers, Local Union #182, Inter- national Brotherhood of Bookbinders, is a labor organization- affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 12, 1943,, the Union informed the Company that it repre- sented a majority of a certain group of the Company's employees, and requested recognition as the exclusive representative of such employees. The Company refused in the absence of a certification by the Board. The Regional ' Director's report, introduced, into evidence at the hearing, indicates that' the Union represents a substantial number of employees in the unit hereinafter found to be appropriated., 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. IT. THE"APPROPRIATE UNIT In accordance with an agreement of the parties, we find that all porters, folding machine packer boys and helpers,2 floor boys,' and shipping department employees of the Company, excluding execu- tives, superintendents, foremen, office and clerical employees, women bindery workers, male bookbinders, paper cutters, folders, folding machine operators, stampers, case makers, apprentices, and the chief shipping. clerk,_ constitute a_ unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 1 The Regional Director reported that the Union submitted 14 designations , all bearing apparently genuine original signatures , of which 11 dated in March and April 1943, are the names of persons on the Company 's pay roll of April 15, 1943, which lists 18 persons in the appropriate unit. S The parties agree that the classification of folding machine packer boys and helpers is synonymous with that of folding machine packer boys and folding machine loaders. 0 The parties agree that the classification of floor boys is synonymous with that of truckers. i 978' - DECISIONS OF, NATIONAL • L 4BOR. r REIL,ATIONS BOARD 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 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby - DIRECTEb that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Spinner Brothers Company, Chicago, Illinois; an election by secret ballot shall be conducted, as easily 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, Section 10, 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 tem- porarily 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, to determine whether or not they desire to be represented liy''Bindery 'Help' and Specialty Workers, Local- Union #182, International Brotherhood of Bookbinders, affiliated with thex^American,Federn of Labor, for the purposes of collective bargaining. f" i F 1 fi,,i Copy with citationCopy as parenthetical citation