47 N.L.R.B. 606 (N.L.R.B. 1943)

William W. Fitzhugh, Inc.

National Labor Relations Board - Board DecisionsFeb 15, 1943

47 N.L.R.B. 606 (N.L.R.B. 1943)

In the Matter of WILLIAM W. FITZHUGH, INC. and NEW YORK' JOINT COUNCIL, I. P. P. AND A . U. OF N. A., A. F. OF L. Case No. B-4817.-Decided February 15,1943 Jurisdiction : box, manufacturing industry.' 2 Investigation . and Certification of Representatives : existence of question : re= fusal to recognize either of two unions affiliated with same,parent until Board determines the bargaining representative of its employees ; Board assumed jurisdiction to proceed to a determination of representative for employees in the appropriate unit when two affiliated unions waived question of juris- diction ; election necessary. Unit Appropriate for Collective Bargaining : all employees of company, includ- ing shipping department employees, but excluding executives, -office staff, clerical staff, watchmen, foremen, janitors, and workers in, the lithographing department ; stipulation as to. Messrs. L. L. Balleisen, of New York City, and Clarence S. Barnes, of Brooklyn, N. Y., for-the Company. Messrs. Max H. Frankle, Murray Heller, William S. Wilson, and Vincent Kellorin, all of New York City,. for the Joint Council. Messrs. Joseph-Tonelli and Bernard Cianciulli, both of New, York City, for Local 381. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE , Upon petition duly filed by New York Joint Council of the Inter- national Printing Pressmen and Assistants Union of North America, A. F: of L., herein called the Joint Council,' alleging that a question affecting commerce had arisen concerning the representation of employees of William W. Fitzhugh, Inc., Brooklyn, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Vincent M. Rotolo, Trial Examiner. Said hearing was held at New York City on January 26, 1943. The Company, the Joint Council; and Local 381, Folding Box Workers Division of the International Brotherhood of Pulp, Sul- 47 N. L. R. B., No. 80. â€¢606 1 WILLIAM W. FITZHUGH, INC. 607 phite, and Paper Mill Workers, A. , F. of L., herein called Local 381, 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. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY William W. Fitzhugh, Inc., is a New York corporation engaged in the manufacture of folding boxes and labels. The Company's main office and factory -are located in Brooklyn, New York. This proceed- ing involves its operations in Brooklyn, New York. During the calendar year 1942 the Company purchased in excess of $100,000 worth of raw materials for use in its Brooklyn plant, of which approximately 75 percent represents shipments made to the Company from points outside the State of New York. During the same period the Company shipped finished products valued in. excess of $200,000, of which approximately 75 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. II. THE ORGANIZATIONS INVOLVED Newâ€¢,York JointCouncil of the International Printing Pressmen and Assistants Union'of North America and Local 381, Folding Box Work- ers Division of the International Brotherhood of Pulp, Sulphite, and Paper Mill Workers are both labor organizations affiliated with the American Federation of Labor, admitting to membership employees of the Company. _ I - III. THE QUESTION CONCERNING REPRESENTATION The Company ' refused to recognize. either the Joint Council or Local 381 as exclusive representative for its production, maintenance, and shipping employees until such time as the Board determines the bargaining representative of its employees. It is to be noted that the Joint Council and Local 381, both of which are affiliated with and subject to discipline'by the same parent body, are both herein seeking to represent the same employees of the Company. We have consistently dismissed proceedings wherein two unions sub- ject to discipline by the same parent body have disagreed over the extent of their jurisdiction.' However, in the instant case, both organ- i See Matter of Wealerhaeuser Timber Company and International Woodworkers of Ame9 ica, Local No 107, Boommen and Rafters, 16 N. L. R. B. 902, and cases cited therein. 608 DECISIONS OF .NATIONAL LABOR RELATIONS, BOARD izations have waived the question of jurisdiction and strongly urge that'the Board resolve the question concerning, representation by an- election in order to provide the employees of the Company with a bargaining representative. Under these circumstances we shall pro- ceed to a determination of representatives 2 A statement of the Regional Director, introduced into evidence at the hearing, and a statement of the Trial Examiner at the, hearing, indicate that the Joint Council and Local 381 each represents a sub- stantial number of employees in the unit hereinafter found appropriate.8 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 In accordance with a stipulation of the parties, we find that all em-' ployees of the Company, including shipping department employees, but excluding executives, office staff, clerical, staff, watchmen, foremen, janitors, and workers in, the lithographing department, 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 Election herein, subject to the limitations and additions set forth in the Direction. 2 See Matter of Iowa Electric Light and Power Company and Local Union No 275 of International Union of Operating Engineers, Local Union No. 931 of International Brother- hood of Electrical Worlers and International B,otherhood of Electrical Workers, 46 N. L. R B 230. It should be noted, however, that our assumption of jurisdiction or any certification that may result will not be a holding that either union is the one authorized by the American Federation of Labor to assert jul isdiction over the type of employees. here involved . As in other -cases, it will mean that the A. F. of L. affiliate certified is the exclusive representative of employees of the Company in an appropriate unit for the purposes of collective. baigaining Cf Long-Bell Lumber Company and International. Association of Machinists Local No. 1350, affiliated with the American Federation of Labor, 16 N L R B 892. 3 The Regional Director reported that the Joint Council submitted 106 authorization cardsiof which 104 bear apparently genuine original signatures . Of the latter 99 bear names Â« hich appear on the Company' s pay roll of November 11, 1942, which contained 122 names in the appropriate unit The Trial Examiner stated that Local 381 submitted 127 membeiship cards at the hear- ing, all of which' bore apparently genuine original signatures . Of these 44 bore the names of persons appealing upon the Company's pay roll of January 6 , 1943, and 6 bore the names of employees hired since January 6 , 1943, and appearing on the current pay roll of the Company The appropriate unit now contains approximately 140 employees. WILLIAM W. FITZHUGH, INC. 609 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation' to ascertain representa- tives for the purposes of collective bargaining with William W. Fitz- hugh, Inc., Brooklyn, New York, an election by secret ballot shall be conducted 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 Second 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 any such employees who 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 any who have since quit or been discharged for cause, to determine whether they desire to be represented by New York Joint Council of the International Printing Pressmen and Assistants Union of North America, affiliated with the American Federation of Labor, or by Local 381, Folding Box Workers Division of the International Brotherhood of Pulp, Sulphite, and Paper Mill Workers, affiliated with the Ameri- can Federation of Labor, for the purposes of collective bargaining, or by neither. 513024-43-vol. 47--39