Vail-Ballou Press, Inc.

National Labor Relations Board - Board Decisions

Mar 16, 1945

60 N.L.R.B. 1255 (N.L.R.B. 1945)

In tiie; Matter Of VAIL-BALLOU PRESS, INC. and BINGHA TON, Typo-,.
GRAPHICAL UNION #232
Case No. 3 R-916.-Decided March 16, 191155
Mr. Eugene Von Wellsheim, for the Board.
Messrs. James A. McGarrity, and C. C. Jessop, of Binghamton, N.
Y., for the Company.
Messrs. Everett C. Kroger, and John J. Burke, of Binghamton, N.
Y., for the Union.
Miss Ruth Rusch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Binghamton Typographical Union
#232, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Vail-Ballou Press, Inc., Binghamton, New York, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Milton A. Nixon, Trial Exam-
iner. Said hearing was held at Binghamton, New York, on January 22,
1945. The Company and the Union 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 Exainer'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
The Company is a New York corporation engaged in the manu-
facture of printed sheets, printing plates, and bound books. For
11, e, year January 1, 1944,-through December 31,.1944, the Company
60 N. L. R. B., No. 217.
1255
1256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purchased raw materials amounting to more than $113,000 in value,
of which 60 perceitt was shipped from sources outside the State of
New York. During the same period, the Company sold products
amounting to approximately $856,000 in value, of which 40 percent
was shipped to points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Binghamton Typographical Union #232 is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until the
Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning
the represenation 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 requests a unit of composing room employees comprising
• day and night linotype operators, floormen, machinists, machinist
assistant, slug casters, mat cabinet attendant, apprentices, and foremen.
The Company contends that the unit should also include the proofroom
employees.
The proofroom and composing room are separated by a glass parti-
tion 4n order to minimize the noise in the composing room. The com-
posing room crew is comprised of the above-mentioned categories. The
proofroom workers of whom there are 17, are classified as proof readers,
copyholders, and revisers. The function of the last group is to read
galley and page proofs, to check for errors therein, and to see that the
corrections are made properly. The proofroom workers have their
own supervision which is separate from that of the composing room.
There are 3 proofroom employees who work in the composing room,
' The Field Examiner reported that the Union submitted 26 authorization cards, 24 of
which bore the names of persons listed on the Company 's pay roll , which contained the
names of 40 employees in the appropriate unit. The cards were all undated.
VAIL-BALLOU PRESS, INC. 1257
but they are , nevertheless , under the jurisdiction of the proofroom
supervisor.
The Union has made no attempt to organize the proofroom em-
ployees and requests that they be excluded from the bargaining unit.
The Union states that of the group in the proofroom only the proof-
readers are eligible for membership in its , organization . Since the
composing room employees constitute a traditional craft group which
is both homogeneous and independent of the proofroom , we can find
no persuasive reason for including in the unit either a part or all of
the proofroom employees whose interests and function differ ma-
terially from those of the composing room employees . We shall , there-
fore, exclude the proofroom employees from the unit.
We find that all composing room employees , including day and night
linotype operators , floormen, machinists , machinist assistant, ap-
prentices , slug casters , mat cabinet attendant , and foremen ,- but ex-
cluding all proofroom 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 em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein , subject - to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the po\ver 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, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Vail -Ballou Press,
Inc., Binghamton , New York, an election by secret ballot shall be con-
ducted as early as possible , but not later than sixty ( 60) days from,
the date of this Direction , under the direction and supervision of the
Regional Director for the Third 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 em-
ployees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding the date
1258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of this Direction, including employees who did not work during the
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 Bingham-
ton Typographical Union #232, for the purposes of collective
bargaining.