Black, Sivalls & Bryson, Inc., Employer And Amalgamated Lit-hographers Of America, Local #25, Cio, Petitioner, 257 (1950)

In the Matter of BLACK, SIVALLS & BRYSON, INC., EMPLOYER and AMALGAMATED LIT-HOGRAPHERS OF AMERICA, LOCAL #25, CIO,

PETITIONER Case No. 17-RC-62.-Decided April 7, 1950 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before William J.

Scott, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Reynolds and Styles].

Upon the entire record in this case, the Board finds:

1. The Employer, a Delaware corporation with its general offices and a plant in Kansas City, Missouri, is engaged generally in the manufacture and fabrication of steel products and operates plants in many States and Canada. The corporation concedes that it is engaged in commerce within the meaning of the Act.

   The Employer contends, however, that the employees involved in this proceeding are employees of Black, Sivalls & Bryson, Inc., Industrial and Public Relations Division, herein called the Division, and that the operations of the Division do not affect interstate commerce within the meaning of the Act. It moved that the petition be dismissed on such grounds.

   The Division is located in Kansas City, Missouri, in a building apart from the Employer's plant. Its almost exclusive function is to print the Employer's national advertising material, catalogues, price lists, bulletins, letterheads, and forms; the bulk of its output is distributed to the Employer's customers.1 The Employer owns the physical equipment of the Division. Practically all of the supplies and materials used in the Division are obtained within the State of Missouri.

   1A very small amount of work, too little to permit a percentage approximation, is done for other users, most of whom are in some manner related to the Employer.

   89 NLRB No. 28.

   The Division is under the separate supervision of a director, who, in turn, is responsible to the Employer. All bills, as well as salaries and wages of the director, supervisors, and employees, are paid directly by the Employer. Wadell, the present director, who formerly owned the printing shop now operated as the Division, testified that, under an oral agreement, ownership of the shop may at some future date revert to him upon fulfillment of certain conditions which he did not explain. He also stated that,...