Spinner Brothers Co.

National Labor Relations Board - Board Decisions

Jun 29, 1943

50 N.L.R.B. 976 (N.L.R.B. 1943)

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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
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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.
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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.
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