Wilson-Jones Co.

National Labor Relations Board - Board Decisions

Dec 31, 1947

75 N.L.R.B. 706 (N.L.R.B. 1947)

In the Matter of WILSON-JONES COMPANY, EMPLOYER and ELIZABETH
PRINTING PRESSMEN AND ASSISTANTS' UNION No. 99, AFL, PETI-
TIONER
Case No. 2-R-653.5-Decided December 31, 1947
Mr. John A. McLellan, of Pressmen's Home, Tenn., and Mr. Harry
Wendrich, of Newark, N. J., for the Petitioner.
Mr. Samuel L. Rothbard, of Newark, N. J., Mr. Louis Bora, of
Elizabeth, N. J., and Mr. Frank Schaeffer, of Chicago, Ill., for the
Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at New
York City, on October 21, 1946, before Jerome I. Macht, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Wilson-Jones Company, a Massachusetts corporation having its
principal office and place of business in Chicago, Illinois, is engaged
in the manufacture, sale, and distribution of loose leaf, file, and
stationery equipment, record-keeping devices, and other general office
supplies at plants in Elizabeth, New Jersey; Chicago, Illinois; Kansas
City, Missouri; and Boston, Massachusetts. We are concerned in
this proceeding solely with its Elizabeth, New Jersey, plant. During
the past year, the Employer's purchases for its Elizabeth plant were
valued in excess of $100,000, of which approximately 70 percent was
shipped to the plant from points outside the State of New Jersey.
During the same period , the Employer 's sales from its Elizabeth
plant were valued in excess of $100,000, of which approximately 70
percent was shipped to points outside the State.
75 N. L. It. B., No 84.
706
WILSON-JON ES CQMPANY 707
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. TIIE ORGAN IZATIONS IN VOLVEI)
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Em-
ployer.
United Paper Workers of America, Locals 148 and 148-E, herein
called the Intervenor, is a labor organization affiliated with the
Congress of Industrial Organizations, claiming to represent employees
of the Employer.
11 L. THE QUESTION CONCERNING REPRESENTATION
The Intervenor asserts that a contract between it-and the Employer
is a bar to this proceeding, contending that the contract was executed
before the Petitioner first claimed to represent the printing pressmen
of the Employer. The Intervenor further contends that, even if the
Board determines that the Petitioner's claim preceded the execution
of the Intervenor's contract with the Employer, the petition herein
was filed more than 10 days after the claim, and, therefore, the prin-
ciple of the General Electric X-Ray 1 case bars this proceeding.
In a letter dated April 17, 1946, received by the Employer on April
19, 1946, the Petitioner claimed to represent a majority of the Em-
ployer's printing pressmen. The Intervenor, at the hearing, at-
tempted to show that a contract between it and the Employer was
agreed upon on April 16, 1946, and adduced evidence indicating that
two out of a number of signatures thereto were affixed on that date.
However, the contract itself recites, "This Agreement entered into
this 23rd day of April, 1946 . . .," and "This contract shall remain
in full force and effect from the date hereof . . ." We believe that
a clear recital in the contract that it was executed and became effective
on April 23 is not negated by the oral testimony presented. We find,
therefore, that the contract was executed on April 23, 1946.
On April 26, 1946, the Petitioner filed its representation petition
with the Board. The petition was technically defective in that it had
not been notarized. Accordingly, the Regional Director returned the
petition for notarization. On April 30, 1946, the Petitioner refiled
its properly notarized petition.
The Petitioner originally filed its petition within 10 days of its
claim to representation, as required by the General Electric X-Ray
1 Matter of General Electric X-Ray Corp, 67 N L R B. 997.
766972-48-vol. 75-46
708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rule. This was sufficient to prevent the bargaining contract that, we
have found, was executed on April 23, 1946, from being a bar unless
the date of refill ng, rather than of filing of the petition is to be the
test by which we apply the 10-day rule. We are of the opinion that
the date of original filing of the petition rather than of refiling should
control where, as here, the petition was only technically defective and
the defect was promptly corrected. Accordingly, we find that the
Intervenor'' contract with the Employer does not bar a present
determination of representatives.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer within the meaning of
Section 9 (c) (I) and,Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Petitioner seeks a unit of printing pressmen and their assistants
employed by the Employer at its Elizabeth plant, excluding the fore-
man. The Intervenor contends that only a comprehensive production
and maintenance unit 2 is appropriate, because of a long bargaining
history on this basis.3 The Employer did not participate in this pro-
ceeding.
The printing pressmen herein constitute a highly skilled, well
i ecognized craft group,4 employed in an industry in which craft
units of pressmen are frequently encountered.5 Under these circum-
stances, we believe that the printing pressmen involved in this pro-
ceeding also may, if they so desire, constitute a separate unit, not-
withstanding the Board's previous more inclusive unit determinations
and a bargaining history based thereon.' On the other hand, the
pressmen also may, if they desire, continue to be represented as part
of the production and maintenance unit. Under these circumstances,
the Board will not make any unit determination until it has first
ascertained the desires of the employees concerned.
3 The production and maintenance employees at the Employer's Elizabeth, New Jersey,
and Chicago, Illinois, plants are included in the same unit.
3In 191x0, in an election directed by the Board, with the Petitioner and the Intervenor
on the ballot, the Pressmen voted 8 to 2 for the Intervenor The pressmen were thereafter
included in the production and maintenance unit In 1941, the Petitioner again sought a
unit of pressmen, but, on January 30, 1942, the Board dismissed the petition Matter of
Wilson-Jones Company, 38 N L R B 735 The Intervenor has bargained for the produc-
tion and maintenance employees of the Employer, including printing pressmen, since 1938.
' See Matter of Lloyd Hollister, Inc, 68 N L. R B 733, Matter of Gillette Safety Razor
Company, 65 N L R li 1286
G See Matter of Lloyd Hollister, Inc, sepia
9 Section 9 (h) (2) of the amended Act provides that the Board shall not "decide that
any craft unit is inappropriate on the ground that a different unit has been
established by a prior Board determination, unless a majority of the employees in the
proposed craft unit vote'against separate representation." See Matter of Westinghouse
-Electric Corporation, 75 N L R. B 638.
WILSON-JONES COMPANY 709
We shall direct that an election be held among all printing press-
men and their assistants employed by the Employer at its Elizabeth
plant, excluding the foreman and other supervisors as defined in the
amended Act.
If, in this election, the employees select the Petitioner, they will be
taken to have indicated their desire to constitute a separate bargain-
ing unit; if they select the Intervenor, they will be taken to have indi-
cated a desire to remain part of the comprehensive production and
maintenance unit now represented by the Intervenor.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Wilson-Jones Company , Elizabeth,
New Jersey , 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 Direc-
tor for the Second Region , and subject to Sections 203.61 and 203.62
of National Labor Relations Board Rules and Regulations-Series 5,
among the employees in the voting group described 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 vaca-
tion or temporarily laid off , 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 they
desire to be represented by Elizabeth Printing Pressmen and Assist-
ants' Union No. 99, AFL , or by United Paper Workers of America,
C. I. 0., Locals 148 and 148-E, for the purposes of collective bar-
gaining, or by neither.
MEMBEES HousTON and MTJRDOCK took no part in the consideration
of the above Decision and Direction of Election.