The H. W. Wilson Co.

National Labor Relations Board - Board Decisions

May 27, 1943

49 N.L.R.B. 1222 (N.L.R.B. 1943)

In the Matter of , THE BH., W. W ILSON• CODIPANY 'and BOOKBINDERS AND
MACHINE OPERATORS I OCAL UNION No. 25, I: B! or B:, A. F. of L.
Case No. I?-49N8..
-SUPPLEMENTAI:' DECISION
AND
DIRECTION
May 27, 1943
On April 5, 1943, the National Labor Relations Board issued a
Decision and Direction of Election in the above-eiitifled proceeding.'
Pursuant to the Direction of Election, an election by secret ballot
was conducted on April 21, 1943, under the direction and supervision
of the Regional Director for the Second Region (New York City).
On' April 29, 1943, the Regional Director, acting pursuant to Article
III, Section 10, of National Labor Relations Board Rules and Regula-
tions, Series 2, as amended, issued and duly served upon the parties
his Election_Report.
As to the balloting and its results, the Regional Director reported
as follows :
Approximate number of eligible voters ------- ----------------- 10
Total ballots cast-------------------------------------------- 10
Total ballots challenged ______________________________________ 2
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid votes counted _____________________________________ 8
Votes cast for The H. W. Wilson Company Employees Association_ 4
Votes cast for Bookbinders and Machine Operators, Local Union
No. 25, International Brotherhood of Bookbinders, A. F.•L.____
Votes cast for neither________________________________________
4
0
In his Election Report, the Regional Director recommended that
the challenges by the A. F. L. to the ballots of Anthony Armellino and
Frank Mazza, be overruled.
Thereafter, the A. F. L. filed Objections to the Election Report,
contending that the two employees in question were not skilled book-
binders or machine operators and therefore not,within the appropriate
1 48 N., L R 11, No 110
49 N. L R. B., No. 181.
- 1222
THE 'H. W. WILSON COMPANT 1223
unit; The Association and the Company filed answers ,denying the
allegations' contained, in the Objections of the A. F. L. On May 12,
1943, the Regional Director issued and duly served upon the parties
his Answer to Objections to Report on Election, wherein he found
that' the objections of the A. F. L. to the Election Report and, the
answers thereto, raised, no substantial issue or argument not already
considered in the Election Report and again recommended that the
challenges be overruled.
The two ballots of Anthony Armellino and Frank Mazza, respec-
tively, were challenged by the A. F. L. on the ground that they are
not craftsmen within the Board's definition of eligibility. The
A. F. L. claims that the unit as set forth by the Board's Decision and
Direction of Election contemplated that only experienced craftsmen
working as bookbinders and machine operators in the trade would
be eligible to-vote; that the men challenged are not experienced work-
ers in the trade and that the A. F. L. does not consider them to be
craftsmen within the definition df the appropriate unit. In his Elec=
tion Report the Regional Director stated that on the pay-roll date
which was used for the election, Armellino was employed as a loader on
a folding machine and that Mazza was employed as head bander and
liner; that the employment records of the Conipany show that
Armellino-and Mazza began work on January 22, 1943, and March
2, 1943, respectively; that the employment applications of these two
men show that they had no previous experience in bindery work; that
the Company states that both men were hired as learners.
The Regional Director further reported that the A. F. L. admits
that the work which the two challenged men do falls within the
appropriate unit provided that the men have the 4 years' experience
as apprentices which the Union requires under its laws; that during
the 4-year apprenticeship period set forth in the Union laws, alipren-
tices become members -of the Union, but that they do not pay dues
or have any voice or vote in the affairs of the Union.
The Decision does not indicate that the Board intended, nor did we
intend, to limit the appropriate unit to employees who might be
considered experienced craftsmen at the particular trade involved.
We have, moreover, generally included learners and apprentices in
the same unit with experienced employees performing the same type
of work.2 We find that Anthony Armellino and Frank Mazza were
2 See Matter of Ainci icon Rolball Company and International Union, United Automobile,
Aircraft and Agricultural Implement Workcis of America . Lccal 695, C I. 0, 41 N L R B
907; Matter of John Deere Harveste) Works of Deere J Company and International Union,
United Automobile, Aircraft and Agr icultural Implement Woikers of America, C I 0,
44 N L R B 335 ; Matter of Fort Pitt Malleable Iron Company and Patteininekeis League
of Noith America (A F L ), 48 N L, 11 B 818,
l
1224 DECISIONS OF -NATIONAL LABOR RELATTO,'-N-',S --BOARD
eligible to vote. Accordingly,we shall sustain the recommendation
of the Regional Director and shall direct that their ballots be counted.
DIRECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9.(c) of th National Labor Rela-
tions Act, and pursuant to Article III, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with The H. W.
'Wilson Company. New York City, the Regional Director for the
Second Region shall, pursuant to the said Rules and, Regulations,
within ten (10) days from the date of this Direction, open and count
the challenged ballots of Anthony Armellino and Frank Mazza, and
shall thereafter prepare and cause to be served upon the parties a
Supplemental Election Report embodying his findings therein and
his recommendations as to the result of the secret ballot.