Thomson & Co., Inc.

National Labor Relations Board - Board Decisions

Aug 10, 1943

51 N.L.R.B. 1179 (N.L.R.B. 1943)

In the Matter of THOMSON & Co., INC . and ALLIED PRINTING TRADES
,COUNCIL OF GREATER NEW YORK AND VICINITY
Case No. R-5649.-Decided August 10, 1943
Messrs. James R. Thomson and David J. Goldberg, of New York
City, for the Company. .
Mr. Peter A. Tufo, of New York City, for the Union.
Miss Olive N. Barton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
a STATEMENT OF THE CASE
Upon an amended petition duly filed by the Allied Printing Trades
Council of Greater New York and Vicinity, herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Thomson & Co., Inc., New York City,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before David H.
Werther, Trial Examiner. Said hearing was held at New York City
,on July 8, 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.
At the hearing the Company moved to dismiss the petition on the
ground that the Union was not,a labor organization within the mean-
ing of the Act. This motion was referred to the Board. For reasons
appearing hereinafter, the motion is denied. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. Opportunity was afforded all parties 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
Thomson & Co., Inc., is a New York corporation, with its only of-
fice and manufacturing plant at New York City. It is engaged in
51 N. L. R. B., No. 184.
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1180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the business of book, job, and magazine printing. It also prints for a
customer, "Rudder," a magazine with a Nation-wide circulation. The
value of raw materials, consisting of paper and ink, purchased by the
Company during the last 12 months, was in excess of $10,000, all of
which materials were shipped from sources within, the.State of New
York. The Company manufactured finished products during the
same period, valued in excess of $50,000, of which approximately 5
percent by value was sold and shipped by the Company to points out-
side 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
Allied Printing Trades Council of Greater New York and Vicinity
is a labor organization affiliated with the American Federation of
Labor and is an asssociation of craft unions, admitting to member-
ship employees of the Company.' I I ' i
III. THE QUESTION CONCERNING REPRESENTATION
On March 4, 1943, a representative of the Union addressed a letter
to the Company claiming that the several unions affiliated with the
Union -represented the employees of the Company and requesting a
conference for the purposes of collective bargaining. Conferences
were held. The last of these was held at the office of the Field Exam-
iner of the Board, and a consent election agreement was at that time
discussed but was not finally carried out. At the hearing, the Com-
pany contended that no question concerning representation of em-
ployees had arisen because the Union is not a labor organization with-
in the meaning of the Act 2 and furthermore does not represent a
majority of the employees in the appropriate unit.
A statement prepared by the Regional Director, introduced in evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit herein found appropriate.3
1 The Company contends that the Union is not a labor organization because it is 'an
aggregate of several craft unions and does not admit employees directly to its members-
ship. The record clearly discloses that the Union is an association of affiliated craft
unions, which in turn represent employees eligible to their respective crafts. The evi-
dence discloses that the Company ' s employees have clearly indicated a desire to be
represented by the Union in collective bargaining . The Union is capable and qualified to,
function as such representative if a majority of employees concerned so desire. See
Matter o f Remington Rand, Inc, 31 N. L. R B 490.
2 This contention is without merit . See footnote 1, supra
The Regional Director reported that, the Union submitted a petition bearing S apparently
genuine signatures of persons whose nmes appear on the Company 's pav roll dated June
10, 1943, which contains the names of 10 persons in the appropriate -unit.
Counsel for the Company objected to the introduction of the statement of the Reeional
Director concerning claims of authorization for the purpose of representation on the ground
that the Compay had not seen the names there referred to as signed to the petition. The
Trial Examiner overruled the objection and received the statement in evidence , pointing
THOMSON & CO., INC. 1181
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
The Company and the Union agree that all production employees,
excluding executives of the Company, order clerks, salesmen, main-
tenance employees, and errand boys, constitute the appropriate unit.
They further agree that Thomson, the president of the Company,
who at the time of the hearing acted as the supervisor of the em-
ployees noted above, should be excluded from the bargaining Unit .4
We find that all production employees, excluding James R. Thom-
son and other company executives, order clerks, salesmen , mainte-
nance employees, and errand boys, 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 our 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 power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations 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 pait of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Thomson & Co.,
Inc., New York City, an election by secret ballot shall be conducted
out that where the petitioning union does not seek certification upon the record, the
Board does not permit a party opposing the petition to go behind apparently genuine
authorization . Furthermore, the report of a Board agent in regard to a claim of authoriza-
tion is taken merely to give reasonable assurance to the Company and the Board that a
substantial number of employees desire representation . We find the Company 's conten-
tion without merit. Cf. Matter of H G. Hill Stares , Inc. Warehouse, 39 N. L. R. B. 874,
and cases cited therein.
* The Union requested that "production supervisors " be included in, and "other super-
visors" excluded from, the bargaining unit. Since at the time of the bearing , the Company
employed no supervisors except Thomson , it is unnecessary to make any determination at
this time with respect to the propriety of including supervisory employees in the unit.
See Matter of Maryland Drydock Company, et al, 49 N. L . R. B. 733, Matter of W. F. Hall
Printing Company, 51 N. L. R. B. 640.
1182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as early as possible, but not later than thirty (30) days from 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, Sec-
tion 10, of said Rules and Regulations, among the employees in the
unit found appropriate in' Section TV,"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 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 or not they desire to be represented by Allied Printing
Trades Council of Greater New York and Vicinity, for the purposes
of collective bargaining.
CHAIRMAN MILLis took no part in the consideration of the above
Decision and Direction of Election.