Joint Appendix vol I — NTA Graphics, Inc. v. National Labor Relations Board

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Text

Bopreme Court, U&

~ FILED

No. 93-892 APR 29 1994

OFFICE OF THE CLERK

——

In The

Supreme Court of the United States

October Term, 1993

NTA GRAPHICS, INC.,

Petitioner,

Vs.

NATIONAL LABOR RELATIONS BOARD,

Respondent.

On Writ Of Certiorari To The United States

Court Of Appeals For The Sixth Circuit

JOINT APPENDIX

VOLUME |

Timotuy C. McCartny* Drew S. Days, III*

SHUMAKER, Loop & KENDRICK Solicitor General

North Courthouse Square

1000 Jackson

Toledo, OH 43624-1573

(419) 241-9000

Josern R. Damato

LAwRENCE P. Posto.

DEPARTMENT OF JUSTICE

Washington, D.C. 20530

(202) 514-2217

Freperick L. Feinstein

General Counsel

RonaAtp A. Linpsay NATIONAL LABOR

SEYFARTH, SHAW, FAIRWEATHER RELATIONS BoarRD

& GERALDSON Washington, D.C. 20570

815 Connecticut Ave., N.W.

Suite 500 Counsel for Respondent

Washington, D.C. 20006-4004

(202) 463-2400

Counsel for Petitioner

*Counsel of Record

—-

Petition For Certiorari Filed December 6, 1993

Certiorari Granted February 28, 1994

COCKLE LAW BRIEF PRINTING CO., (800) 225-6964

OR CALL COLLECT (402) 342-2831

TABLE OF CONTENTS

Page

VOLUME I

Relevant Docket Entries in National Labor Relations

Board v. NTA Graphics, Inc., United States Court of

Appeals for the Sixth Circuit, Case No. 92-6085.. 1

Petition for Representation Election filed with

National Labor Relations Board (NLRB Case No.

PE ME hoes cds cdcceceiecsesidecises 9

Transcript of Hearing before National Labor Rela-

tions Board, pages 1-189 (NLRB Case No.

PP POMPE 0660-005 dda 1G 0 diac dei carer 15

Employer’s Exhibit 1 in Hearing before National

Labor Relations Board (NLRB Case No. 8-RC-

Ghee aves cones deaverasecaudeaserds 188

Employer’s Exhibit 2 (NLRB Case No. 8-RC-

SE UE ob i de dug be dee dirs bei r codindi sew ne 190

Joint Exhibit 1 (NLRB Case No. 8-RC-13648) 7/9/87

(edavagd daar ets ran kdensdhendinkssdecededserteds 220

VOLUME II

Petitioner’s Exhibit (NLRB Case No. 8-RC-

SP Fit hth Eady ade cna ernizendegece: 221

Decision and Direction of Election by National

Labor Relations Board Regional Director (NLRB

Case No. 8-RC-13648) 8/19/87"

Request for Review and Stay of Regional Director’s

Decision and Direction of Election (NLRB Case No.

I IIE oy bo sap o be cidanadils cee osews 314

Certification on Conduct of Election (NLRB Case No.

wars eno depeeebernecorscnes 338

Order of the National Labor Relations Board

(NLRB Case No. 8-RC-13648) 9/25/87*

* These materials have been omitted because they are included

in Appendix to Petition for Writ of Certiorari.

TABLE OF CONTENTS ~- Continued

Page

Certification of Representative (NLRB Case No.

B-RC-13648) 9/9/91 crrrrrcscccrcscdesecddccncis OO

Letter from Robert J. Ogden to David Tremonti

1/8/92. vvevencovensdevesevecdessssebseseeseaens 342

Letter from Mark J. Jacoby to Robert J. Ogden

US 15/92. .v.evccncssdcncensecesd teneens eameeeee ene 344

Unfair Labor Practice Charge filed with National

Labor Relations Board (NLRB Case No.

B-CA-26277) «1/27/98 vc ccccisscedossvantdsavedes 346

Amended Unfair Labor Practice Charge filed with

National Labor Relations Board (NLRB Case No.

8-CA-26277) B/GSF8 oc ccndicieveswecaiasicceetes 349

Complaint and Notice of Hearing issued by National

Labor Relations Board (NLRB Case No.

S-CA-24277) 2/20/96 s scctucccvecectvccccddssese Ota

Respondent’s Answer to Complaint (NLRB Case No.

S-CA-26277) S/OPGR occ diccsouccwcanavensvenscs OOF

Decision and Order of National Labor Relations

Board (NLRB Case No. 8-CA-24277) 7/24/92"

Application for Enforcement of an Order of the

National Labor Relations Board filed with the

United States Court of Appeals (Case No.

92-6005) 6/20/98. 06s céccduntipaniasdeavhendeses 360

Answer to Application for Enforcement of an Order

of the National Labor Relations Board (Case No.

F2-6OBS) OSTA IG Rens 06's KaRRORn Cans pak ares we 362

Order of the United States Court of Appeals for

the Sixth Circuit 6/21/93*

* These materials have been omitted because they are included

in Appendix to Petition for Writ of Certiorari.

General Docket

Sixth Circuit Court of Appeals

92-6085 92-6085

Court of Appeals Docket #: 92-6085 Filed: 8/25/92

Nsuit: 0 \

NLRB v. NTA Graphics Inc

Appeal from: National Labor Relations Board

Case type information:

1) NLRB

2) enforcement

Lower court information:

District: 0647-7 : 8-CA-24277

Date Filed: **/**/**

Date order/judgment: 7/24/92

Date NOA filed: **/**/**

Fee status: waived

Prior cases:

None

Current cases:

Lead Member Start End

92- 5083 92- 6085 4/2/93 8/24/93

NATIONAL LABOR

RELATIONS BOARD

Petitioner

NTA GRAPHICS, INC.

Respondent

Frederick Calatrello, Director

216-522-3715

Room 1695

[INTC gvt]

National Labor Relations Board

Region 8

1240 E. Ninth Street

Suite 1695 Anthony J.

Celebrezze Federal Building

Cleveland, OH 44199

Aileen A. Armstrong,

Dep.Asso.Gen.Counsel

202-273-2960

[COR NTC gvt]

Charles P. Donnelly, Jr.

202-273-2986

[NTC gvt]

William M. Bernstein

202-273-2986

[COR NTC gvt]

National Labor Relations Board

Appellate Court Branch

1099 14th Street, N.W.

Washington, DC 20570

Timothy C. McCarthy

419-241-9000

[NTC ret]

Shumaker, Loop & Kendrick

1000 Jackson Street

North Courthouse Square

Toledo, OH 43624-1573

theta PE hb alah neh BR Ot A ee

—

NATIONAL LABOR RELATIONS BOARD

Petitioner

NTA GRAPHICS, INC.

Respondent

8/25/92 NLRB Case Docketed. Application for

Enforcement of an Order of the NLRB filed

by Petitioner NLRB. (certificate of service

8/24/92) « (mcp)

8/31/92 APPEARANCE filed by Attorney Aileen A.

Armstrong for Petitioner NLRB [92-6085]

(ds)

9/2/92 APPEARANCE filed by Attorney William

M. Bernstein for Petitioner NLRB [92-6085]

(ds)

9/2/92 CERTIFIED LIST filed. [92-6085] (pje)

9/2/92 ADMINISTRATIVE RECORD filed. Volumes

included: 3 Pl (w/ex). [92-6085] (pje)

9/2/92 Petitioner MOTION filed to consolidate for

submission the following cases:

92-5083/6085. Motion filed by Aileen A.

Armstrong for Petitioner NLRB. Certificate

of service date 9/1/92. [92-6085] (yh)

9/8/92 PRE-ARGUMENT STATEMENT filed by

William M. Bernstein for Petitioner NLRB

[92-6085] (ds)

9/14/92 APPEARANCE filed by Attorney Timothy

; C. McCarthy for Respondent NTA Graphics

Inc [92-6085] (ac)

9/14/92

10/7/92

10/23/92

11/24/92

1/6/93

1/26/93

Response to application for enforcement

filed by Timothy C. McCarthy for Respon-

dent NTA Graphics Inc. Certificate of Ser-

vice date 9/11/92. [92-6085] (ac)

MOTION filed for leave to file motion to

intervene out of time. [658235-1] Motion

filed by Steven M. Wolock for Graphic

Comm. Certificate of service date 10/6/92.

[92-6085] (ac)

MOTION filed to allow Graphic Communi-

cations to intervene on behalf of NLRB.

Motion filed by Steven M. Wolock for

Graphic Comm. Certificate of service date

10/6/92. [92-6085] (ac)

RULING denying motion to consolidate for

submission [643721-1] filed by Aileen A.

Armstrong [92-6085]. (yh)

BRIEFING LETTER SENT setting cross

appeal briefing schedule: first brief due

1/6/93; second brief due 2/8/93; reply brief

due 2/25/93; appendix due 3/4/93

[92-6085]. Rule 9 Notice Sent: y. (yh)

BRIEF filed by Timothy C. McCarthy for

Respondent NTA Graphics Inc Copies: 10.

Certificate of Service date 1/5/93 [92-6085] e

(teb)

Request relating to oral argument not filed

by Timothy C. McCarthy for Respondent

NTA Graphics Inc [92-6085] (teb)

Petitioner MOTION filed to extend time to

2/22 to file brief. Motion filed by Aileen A.

Armstrong for Petitioner NLRB. Certificate

of service date 1/24/93. [92-6085] (ac)

1/26/93

2/24/93

3/8/93

3/9/93

3/15/93

3/16/93

RULING granting motion to extend briefing

[712846-1] filed by Aileen A. Armstrong

[92-6085] (ac)

BRIEFING LETTER SENT resetting cross

appeal briefing schedule: second brief due

2/22/93; fourth brief due 3/8/93; appendix

due 3/15/93 [92-6085] Rule 9 Notice Sent: n.

(ac)

BRIEF filed by William M. Bernstein for

Petitioner NLRB Copies: 10. Certificate of

Service date 2/22/93 [92-6085] ¢ (teb)

Request relating to oral argument not filed

by William M. Bernstein for Petitioner NLRB

[92-6085] (teb)

Respondent MOTION filed to extend time to

3/17 to file brief. Motion filed by Timothy C.

McCarthy for Respondent NTA Graphics

Inc. Certificate of service date 3/5/93. (ac)

RULING granting motion to extend briefing

[733069-1] filed by Timothy C. McCarthy

[92-6085] (ac)

BRIEFING LETTER SENT resetting cross

appeal briefing schedule: fourth brief due

3/17/93; Rule 9 Notice Sent: n. (ac)

Respondent MOTION filed to extend time to

3/25 to file appendix. Motion filed by Timo-

thy C. McCarthy for Respondent NTA

Graphics Inc. Certificate of service date

3/12/93. [92-6085] (ac)

RULING granting motion to extend time to

file appendix [736838-1] filed by Timothy C.

McCarthy [92-6085] (ac)

3/16/93

3/19/93

3/25/93

4/2/93

6/17/93

6/21/93

6/28/93

BRIEFING LETTER SENT resetting cross

appeal briefing schedule: appendix due

3/25/93 [92-6085] Rule 9 Notice Sent: n. (ac)

BRIEF filed by Timothy C. McCarthy for

Respondent NTA Graphics Inc. Copies: 10.

Certificate of service date 3/17/93 [92-6085]

(teb)

APPENDIX filed by Timothy C. McCarthy

for Respondent. Copies: 5 [2 vols] (prepared

by Becker/Gallagher). Certificate of service

date 3/25/93 [92-6085] (pje)

ADMINISTRATIVE SUPPLEMENTAL

RECORD filed. Volumes included: 1 P1; 1 Tr;

1 Ex. (This record was applied to 92-5083 on

9/2/92. The board’s certified list indicated

that part of the record would be found in

92-5083) [92-6085] (mcp)

CAUSE SUBMITTED on briefs under Sixth

Circuit Rule 9(a) before Judges Merritt, Guy,

Batchelder. [92-6085] (cb)

ORDER filed: Application for enforcement

of the order issued by the National Labor

Relations Board is GRANTED, pursuant to

local rule 9(b)3, decision not for publication

pursuant to local rule 24 [92-6085]. Gilbert S.

Merritt, Chief Judge, Ralph B. Guy, Circuit

Judge, Alice M. Batchelder, Circuit Judge.

(cb)

BILL OF COST filed by Aileen A. Armstrong

for Petitioner NLRB. Amount: $126.00. Cer-

tificate of service date 6/25/93. [92-6085]

(cb)

at an atl Rn Mth na Nh Nt ae

ee ee ee ey

7/12/93

7/21/93

8/23/93

9/1/93

Respondent MOTION filed to file en banc

rehearing petition instanter. Motion filed by

Timothy C. McCarthy for Respondent NTA

Graphics Inc. Certificate of service date

7/11/93. [92-6085] (pe)

Respondent MOTION filed to stay mandate.

Motion filed by Timothy C. McCarthy for

Respondent NTA Graphics Inc. Certificate of

service date 7/11/93. [92-6085] (pe)

TENDERED: rehearing en banc petition

from Timothy C. McCarthy for Respondent

NTA Graphics Inc [92-6085] (pe)

ORDER filed granting motion to file rehear-

ing en banc petition instanter and granting

motion to stay mandate filed by Timothy C.

McCarthy [92-6085]. (pe)

PETITION for en banc rehearing filed by

Timothy C. McCarthy for Respondent NTA

Graphics Inc. Certificate of service date

7/11/93. [92-6085] (pe)

RESPONSE in opposition filed regarding a

motion to stay mandate [797910-1] Response

from Aileen A. Armstrong for Petitioner

NLRB. Certificate of service date 7/20/93.

Received after ruling on motion. [92-6085]

(ac)

ORDER filed denying petition for en banc

rehearing filed by Timothy C. McCarthy

[92-6085]. Gilbert S. Merritt, Chief Judge,

Ralph B. Guy, Alice M. Batchelder, Circuit

Judges. (pe)

MANDATE ISSUED with costs to be recov-

ered by Petitioner NLRB. Amount: $126.00.

[92-6085] (ds)

9/13/93

9/20/93

11/18/93

12/10/93

3/2/94

ORDER filed to recall mandate. (inadver-

tently issued) [92-6085]. (cb)

LETTER SENT TO NLRB by cb sending a

certified copy of order filed 9/13/93.

[92-6085] (cb)

CERTIFIED RECORD RETURNED to lower

court at the end of appellate proceedings.

[92-5083, 92-6085]. Volumes include: 4 PI; (3

w/exhibits); 1 Tr; 1 Ex;. (tt)

U.S. Supreme Court letter filed granting an

extension of time until 12/6/93 to file a

petition for writ of certiorari. [92-6085] (yh)

U.S. Supreme Court notice filed regarding

petition for writ of certiorari filed by

Respondent NTA Graphics Inc. Filed in the

Supreme Court on 12/06/93. Supreme Ct.

case number: 93-892. [92-6085] (swh)

U.S. Supreme Court order filed granting

petition for writ of certiorari [{872025-1] filed

by NTA Graphics Inc [92-6085]. Filed in the

Supreme Court on 02/28/94. (swh)

Form NLRB-502 Form Exempt Under

(11-64) 44 U.S.C. 3512

UNITED STATES OF AMERICA

NATIONAL LABOR RELATIONS BOARD

PETITION

DO NOT WRITE IN THIS SPACE

CASE NO.

8-RC-13648

DATE FILED

6-12-87

INSTRUCTIONS - Submit an original and four (4) copies

of this Petition to the NLRB Regional Office in the Region

in which the employer concerned is located.

If more space is required for any one item, attach addi-

tional sheets,numbering item accordingly.

The Petitioner alleges that the following circumstances

exist and requests that the National Labor Relations

Board proceed under its proper authority pursuant to

Section 9 of the National Labor Relations Act.

1. Purpose of this

Petition (If box RC, RM, or RD is checked and a charge

under, Section 8(b)(7) of the Act has been filed

involving the Employer named herein, the state-

ment following the description of the type of

petition shall not be deemed made.)

(Check one)

[X}_ RC-CERTIFICATION OF REPRESENTATIVE - A

substantial number of employees wish to be rep-

resented for purposes of collective bargaining

by Petitioner and Petitioner desires to be certi-

fied as representative of the employees.

{| } RM-REPRESENTATION (EMPLOYER PETITION) --

One or more individuals or labor organizations

have presented a claim to Petitioner to be recog-

nized as the representative of employees of Peti-

tioner.

| |} RD-DECERTIFICATION - A substantial number of

employees assert that the certified or currently

recognized bargaining representative is no

longer their representative.

| |] UD-WITHDRAWAL OF UNION SHOP AUTHOR-

ITY - Thirty percent (30%) or more of employees

in a bargaining unit covered by an agreement

between their employer and a labor organiza-

tion desire that such authority be rescinded.

{ } UC-UNIT CLARIFICATION - A labor organization

is currently recognized by employer, but peti-

tioner seeks clarification of placement of certain

employees:

(Check one) [ ] In unit not previously certi-

fied

{ ] In unit previously certified

in Case No.

[| } AC-AMENDMENT OF CERTIFICATION - Peti-

tioner seeks amendment of certification issued

in Case No.

Attach statement describing the specific amendment sought.

2. NAME OF EMPLOYER

NTA Graphics, Inc.

EMPLOYER REPRESENTATIVE TO CONTACT

David Tremonti

PHONE NO

(419) 476-8808

3. ADDRESS(ES) OF ESTABLISHMENT(S) INVOLVED

(Street and number, city, State, and ZIP Code)

5225 Telegraph Road, Toledo, Ohio 43612

4a. TYPE OF ESTABLISHMENT (Factory, mine, whole-

saler, etc.)

Printing shop

4b. IDENTIFY PRINCIPAL PRODUCT OR SERVICE

Printed materials

5. Unit Involved (in UC petition, describe PRESENT bar-

gaining unit and attach description of proposed clarifica-

tion.)

Included ALL PREPARATORY DEPARTMENT AND

PRESS DEPARTMENT EMPLOYEES.

Excluded GUARDS, SUPERVISORS, AND ALL OTHER

EMPLOYEES INCLUDING TRUCK DRIVERS, CLERICAL

EMPLOYEES AND MAINTENANCE EMPLOYEES.

(If you have checked box RC in 1 above, check and complete

EITHER item “a or “b. whichever is applicable)

6a. NUMBER OF EMPLOYEES IN UNIT:

PRESENT approx. 45

PROPOSED (BY UC/AC)

6b. IS THIS PETITION SUPPORTED BY 30% OR MORE

OF THE EMPLOYEES IN THE UNIT?*

[X] YES [ ] NO

*Not applicable in RM, UC, and AC

7a. [XX] Request for recognition as Bargaining

Representative was made on

by letter dated 6/11/87 and Employer

(Month, day, year)

declined recognition on or about

no reply (If no reply received, so state)

(Month, day, year)

7b. [| ] Petition is currently recognized as Bargaining

Representative and desires certification under

the act.

8. Recognized or Certified Bargaining Agent (If there is

none, so state)

NAME

None

AFFILIATION

ADDRESS

DATE OF RECOGNITION OR CERTIFICATION

9. DATE OF EXPIRATION OF CURRENT CONTRACT,

IF ANY (Show month, day, and year)

10. IF YOU HAVE CHECKED BOX UD IN 1 ABOVE,

SHOW HERE THE DATE OF EXECUTION OF

AGREEMENT GRANTING UNION SHOP (Month,

day, and year)

lla. IS THERE NOW A STRIKE OR PICKETING AT THE

EMPLOYER’S ESTABLISHMENT(S) INVOLVED?

YES NO X

lib. IF SO, APPROXIMATELY HOW MANY

EMPLOYEES ARE PARTICIPATING?

; llc. THE EMPLOYER HAS BEEN PICKETED BY OR ON

BEHALF OF

| (Insert name)

; ORGANIZATION, OF SINCE

(Insert address) (Month, day, year)

12. ORGANIZATIONS OR INDIVIDUALS OTHER

i THAN PETITIONER (AND OTHER THAN THOSE

NAMED IN ITEMS 8 AND lic; WHICH HAVE

CLAIMED RECOGNITION AS REPRESENTATIVES

AND OTHER ORGANIZATIONS AND INDIVID-

UALS KNOWN TO HAVE A REPRESENTATIVE

INTEREST IN ANY EMPLOYEES IN THE UNIT

DESCRIBED IN ITEM 5 ABOVE. (IF NONE, SO

STATE.)

NAME AFFILIATION

ADDRESS DATE OF CLAIM

(Required only if Peti-

tion is filed by

Employer)

I declare that I have read the above petition and that

the statements therein are true to the best of my

knowledge and belief.

Graphic Communications International Union, Detroit-

Toledo Local 289 1111 Woodward Avenue, Suite 100,

Royal Oak, MI 48067

(Petitioner and affiliation, if any)

By /s/ Samuel C. McKnight Attorney

(Signature of representative (Title, if any)

or person filing petition) Samuel C. McKnight

Address 26211 Central Park Blvd., (313) 354-9650

Suite 614 (Telephone number)

Soutfield, MI 48076

(Street and number, city, State, and

ZIP Code)

WILLFULLY FALSE STATEMENT ON THIS PETITION

CAN BE PUNISHED BY FINE AND IMPRISONMENT

(U.S. CODE, TITLE 18, SECTION 1001)

COPY

OFFICIAL REPORT OF PROCEEDINGS

before the

NATIONAL LABOR RELATIONS BOARD

In the Matter of:

NTA GRAPHICS INCORPORATED

Case No: 8-RC-13648

Pages: 1 through 189

Place: Toledo, Ohio Volume: I

Date: July 9, 1987

LORD REPORTING SERVICE, INC.

OFFICIAL REPORTERS

5300 East Main Street

Suite 101

Columbus, Ohio 43213

(614) 861-3697

[p. 1] BEFORE THE

NATIONAL LABOR RELATIONS BOARD

REGION 8

In the Matter of:

NTA GRAPHICS,

INCORPORATED,

CASE NO.

Employer, 8-RC-13648

-and-

GRAPHIC COMMUNICATIONS

INTERNATIONAL UNION,

DETROIT, TOLEDO/LANSING

LOCAL 289,

Ne me ee ee ee ee ee ee ee eee”

Petitioner.

Conference Room 318

Federal Office Building

234 Summit Street

Toledo, Ohio

Thursday,

July 9, 1987

The above-entitled matter came on for hearing, pur-

suant to Notice, at 10:00 a.m.

BEFORE:

RICHARD F. BOGUSKI

Hearing Officer

[p. 2] APPEARANCES:

On behalf of the Employer:

TIMOTHY C. McCARTHY, ESQ.

Shumaker, Loop & Kendrick

North Courthouse Square

1000 Jackson

Toledo, Ohio 43624-1573

On behalf of the Petitioner:

ROGER J. McCLOW, ESQ.

Klimist, McKnight, Sale & McClow, P.C.

Suite 614

26211 Central Park Blvd.

Southfield, Michigan 48076-4139

[p. 3] INDEX

WITNESSES: DIRECT CROSS REDIRECT RECROSS

David Tremonti 15 56 153 159

172 168

Joseph Freeze 174 177 178 179

181 -

EXHIBITS

EXHIBIT NO. FOR IDENTIFICATION IN EVIDENCE

Board’s Exhibits:

No. 1(a) through

1(d) 5 6

No. 2 6 7

No. 3 9 9

Petitioner’s Exhibits:

No. 1 79 89

Employer’s Exhibits:

No. 1 20 90

No. 2 51 90

Joint Exhibit:

No. 1 30 91

[p. 4] PROCEEDINGS

10:58 a.m.

HEARING OFFICER: The hearing will be in

order. This is a formal hearing in the matter of NTA

Graphics, Incorporated - Incorporated spelled out - ,

Case No. 8-RC-13648

The Hearing Officer appearing for the National Labor

Relations Board is Richard F. Boguski, that’s B-o-g-u-s-k-i.

All parties have been informed of the procedures at

formal hearing before the Board by service of a Statement

of Standard Procedures with a Notice of Hearing. I have

additional copies of this statement for distribution if any

party wishes more.

Will counsel please state their appearances for the

record? For the Petitioner?

MR. McCLOW: For the record, my name is

Roger McClow of the firm of Klimist, McKnight, Sale &

McClow, appearing here in behalf of Local 289.

HEARING OFFICER: For the Employer?

MR. McCARTHY: Timothy C. McCarthy of the

law firm of Shumaker, Loop & Kendrick, appearing here

today on behalf of the Employer in this case, NTA

Graphics, Incorporated.

HEARING OFFICER: For the record, there is

[p. 5] no intervenor involved in this matter. Moreover,

there are no other appearances submitted in this particu-

lar proceeding.

Okay. are there any other persons, parties or labor

organizations in the hearing room at this time who claim

an interest in this proceeding?

Let the record show no response.

I now propose to receive the formal papers.

(The documents above-referred to were marked

board Exhibits Nos. 1(a) through 1(d) for identi-

fication.)

EO Ne a OO ee =

HEARING OFFICER: They have been marked

for identification as Board Exhibits 1(a) through 1(d), 1(d)

being an index and description of the entire exhibit. This

exhibit has already been shown to all parties.

Are there any objections?

MR. McCARTHY: None.

MR. McCLOW: None.

HEARING OFFICER: Hearing no objections,

the formal papers are received into evidence.

[p. 6] (The documents above-referred to, here-

tofore marked Board Exhibits Nos. 1(a) through

1(d) for identification, were received in evi-

dence.)

HEARING OFFICER: At this time I would also

propose entering into evidence as Board Exhibit No. 2 a

document which is entitled “Stipulation.” It was prepared

prior to the start of this hearing, setting forth various

stipulations agreed to by the parties. Both parties have

signed in title the exhibit in the appropriate space and

initialed the exhibit where requested.

(The document above-referred to was marked

Board Exhibit No. 2 for identification.)

HEARING OFFICER: Is there any objection to

admitting the stipulation document into evidence a°

Board Exhibit No. 2?

MR. McCLOW: No.

MR. McCARTHY: No.

HEARING OFFICER: Hearing no objection, the

stipulation document is received into evidence as Board

Exhibit No. 2.

{[p. 7] (The document above-referred to, here-

tofore marked Board Exhibit No. 2 for identifica-

tion, was received in evidence.)

HEARING OFFICER: Okay. Before I get into the

issues of the matter, I just want to make known for the

record that there is a pending unfair labor practice filed

in Case No. 8-CA-20167 based upon the Charge Against

Employer Form which I have in front of me. The charge

was filed on or about June 12, 1987. The charge alleges

that approximately 16 - excuse me.

The charge alleges approximately 17 employees had

been terminated in violation of Section 8(A) 1 and 3 of the

Act. That matter is presently — or that charge is presently

pending investigation. It’s my understanding as of this

date the director has not made any official determination

on that matter.

It’s also my understanding that with respect to that

charge the Union has requested Section 10(J) injunctive

relief.

Now, in the discussions we had prior to the opening

of this record, it is the understanding of the parties that

should the Regional Director determine that the 8(A)3

allegations raised in that charge are meritorious, the

employees involved would be permitted [p. 8] to vote

subject to challenge.

It’s also the understanding of the parties, at least to

my knowledge it is, that should the Director determine

ake Se i en ly i ete

that the charge lacks merit the affected employees may

also vote subject to challenge pending any recourse to the

Board’s appeal procedure.

Is that a correct understanding on the part of the

parties? Mr. McClow?

MR. McCLOW: Yes, it is.

HEARING OFFICER: Mr. McCarthy?

MR. McCARTHY: It’s my understanding that if

at the time the election is held the appeals are still pend-

ing.

HEARING OFFICER: Right.

MR. McCARTHY: Yes, there is a possible con-

tingency if the Regional Director retused to issue the

General Counsel might decide before an election is held.

In that point we would be saying they could vote subject

to -

HEARING OFFICER: Yes. With that under-

standing. I think it’s the understanding of everybody.

But then again, like I say, the reason why I’m bring-

ing this up at this time, I do not want to litigate in an R

case proceeding an unfair labor [p. 9] practice matter and

~- however, I do wish to let the reader of this record know

that there is a pending unfair labor practice charge.

I do have a copy of the charge. Just for the complete-

ness of the record purposes, I’d like to admit it into

evidence as Board Exhibit No. 3.

(The document above-referred to was marked

Board Exhibit No. 3 for identification.)

HEARING OFFICER: Would anybody have any

objection to that?

Okay. Hearing no objection, the Charge Against

Employer Form for Case No. 8-CA-20167 is submitted

into evidence as Board Exhibit No. 3.

(The document above-referred to, heretofore

marked Board Exhibit No. 3 for identification

was received in evidence.)

HEARING OFFICER: Very well, What I'd like

to do now is discuss what is at issue at this hearing.

Now, it is my understanding at this particular point

in the hearing that the Union is seeking to represent

employees and employed in a collective bargaining unit

as follows:

The unit that they are seeking to represent [p. 10] is

all preparatory and press department employees

employed by the Employer at its 5225 Telegraph Road,

Toledo, Ohio, Facility, excluding all office clerical

employees, maintenance department employees, compo-

sition department employees, and all shipping and

receiving department employees, including truck drivers

and all professional employees, guards and supervisors

as defined in the Act.

Mr. McClow, is that a correct description of the unit

that the Union is seeking at this time?

MR. McCLOW: Yes, it is.

HEARING OFFICER: Okay. For the record, let

the record show that any minor variance or discrepancy

between the way the petition — this unit description reads

in the petition as opposed to what I have just read should

be amended to reflect what I have just read.

Now, by the same token, it’s my understanding that

the Union - I’m sorry, that the Employer contends that

the unit description as I just read and is being sought by

the petitioning Union is inappropriate, in that they think

the appropriate unit that should be directed in this matter

should read as follows:

All preparatory, press, maintenance, [p. 11] composi-

tion, and shipping and receiving department employees

employed by the Employer at its 5225 Telegraph Road,

Toledo, Ohio facility, excluding all office clerical

employees and all professional employees, guards and

supervisors, as defined in the Act.

Is that a correct description of the unit you think is

appropriate, Mr. McCarthy?

MR. McCARTHY: Yes, With the additional

understanding, I think that both parties share, that a

gentleman in the department noted as the pallets depart-

ment, that that department is actually a subdepartment or

division, if you will, of the maintenance department. I

don’t think there’s any dispute -

HEARING OFFICER: Okay. So everybody

knows that the fellow who does the pallet work is part of

the maintenance department and is included in the main-

tenance group of employees involved here, correct?

MR. McCARTHY: Correct.

MR. McCLOW: Included, yes, included in the

unit that the Employer wants and excluded from the unit

that the Union wants.

HEARING OFFICER: Correct. Yes. The

employer feels maintenance should be included, and the

[p. 12] Union feels they don’t want to represent, meaning

they didn’t petition for maintenance and it’s appropriate

the unit they petitioned for.

So in effect what we have here is a scope of bargain-

ing unit type hearing where that’s the issue which the

Director must decide.

Before we proceed with the witnesses, I just want to

make note for the record one more additional matter, and

I’m making note of this per the request of Employer

counsel.

This morning, immediately before the start of this

hearing, I was served with a petition to revoke sub-

poenas. Prior to the start of this hearing the Petitioner

apparently tendered subpoena ad testificandum to Mr.

Norman Tremonti, who is the president of the Employer,

and also to Mr. David Tremonti, who is the vice president

of the Employer.

In addition, the Petitioner also tendered to the

Employer a subpoena duces tecum for a series of docu-

ments related to this matter. I am fully mindful of the fact

that petitions to revoke subpoenas are issues which are

normally decided on the record. However, per the

Employer’s request, I will state that I am considering the

petition to revoke subpoenas. At this time I have made no

ruling. Later on in this [p. 13] hearing if need be I will

make a determination on whether or not to honor the

petition to revoke or to deny that petition.

Very well. Off the record briefly.

(Discussion off the record.)

HEARING OFFICER: Based on our off-the-

record discussions, it’s my understanding that the

Employer has agreed to present the first witness in this

matter. I’d like to now call to the stand Mr. David Trem-

onti.

MR. McCARTHY: If the Hearing Officer please,

there is one more preliminary matter I wanted to raise for

your consideration.

HEARING OFFICER: Yes.

MR. McCARTHY: I don’t know if any of the

other persons located in the room intend to be witnesses

or are expected to be called. If there are any that are

expected to be called, though, I think it would be appro-

priate, and we would so move, that there be a separation

of witnesses prior to the rendering of any testimony in

the case.

HEARING OFFICER: Mr. McClow?

MR. McCLOW: In fact, certain of the people in

the room may testify and it hasn’t been decided who

[p. 14] will testify yet.

HEARING OFFICER: Would you have any

objection to sequestering the -

MR. McCLOW: No, but I'd like to have one

person who has been in the plant to stay in the room for

my information.

HEARING OFFICER: Okay. Why don’t we go

off the record and we can decide at that time where the

people can sit and wait because, like I say, I don’t know

where exactly or if there’s any waiting rooms around

here.

MR. McCLOW: We can talk about that off the

record.

HEARING OFFICER: Let’s go off the record.

(Discussion off the record.)

HEARING OFFICER: Back on the record.

Whereupon,

DAVID TREMONTI

was called as a witness herein and, having been first duly

sworn, was examined and testified as follows:

HEARING OFFICER: Would you state your

name for the record, please?

THE WITNESS: David Tremonti.

HEARING OFFICER: Spell Tremonti?

THE WITNESS: | T-r-e-m-o-n-t-i.

[p. 15] HEARING OFFICER: Can you state your

position with the Employer?

THE WITNESS: Vice President and Operations

Manager.

HEARING OFFICER: Okay. Mr. McCarthy, you

may proceed.

DIRECT EXAMINATION

BY MR. McCARTHY:

Q. Dave, I'd like to have you begin by giving just a

brief description of the nature of the business that the

Employer engages in.

A. Commercial printing, doing newspaper inserts,

high volume.

Q. And could you explain a little bit more fully

what a newspaper insert is and who the customers are

that you sell newspaper inserts to?

A. We do grocery inserts for Great Scott out of

Detroit, Abner Wolf out of Detroit, Kroger Corporation

out of Detroit, Kroger Corporation out of Cincinnati,

Ohio.

Q. And how long has NTA Graphics, Inc., the

Employer in this case, been in business?

A. We started printing in October of ‘84.

Q. I would like to have you, if you could, Dave,

explain how it is that the company proceeds from [p. 16]

receiving an order to turning a product around; and what

I’m most interested in is the duties performed along the

way by the employees that are in dispute in this hearing.

A. Okay. Copy is picked up generally by myself

from the advertiser. I take the copy from him to the plant

and discuss with the composition department the require-

ments of the job.

The composition department makes the job ticket

necessary for all departments to perform the job. They do

the paging for the various versions. They instruct the pre-

press department on color, configurations. They instruct

the press room on paper size and quantities. They discuss

with the — direct the shipping department the destina-

tions that the job is to go to.

HEARING OFFICER: What is copy? What do

you mean by copy?

THE WITNESS: Mechanical drawings, the

mechanicals that we take photographs of and then create

the circulars with.

HEARING OFFICER: Okay.

THE WITNESS: From the composing depart-

ment it then goes into the camera room where the person

photgraphs [sic] it, pulls the negatives.

[p. 17] It goes from there to a proofing -

BY MR. McCARTHY:

Q. Let me interrupt for a second just so we're clear,

David.

The camera room, what department is that a part of,

if any?

A. The camera room is included in the pre-press.

It comes out of the camera room, goes to a proofing

station that it’s dyluxed for the customer’s sake.

It then goes to the stripping department which also is

in the preparatory department. They then cut the color,

organize the pages, do all the stripping work for the flats.

It then goes to another proofing station where the

color keys are generated. That department also is in the

pre-press preparatory department.

If the color is correct, it goes on to the plating depart-

ment, which is in the preparatory department. The plat-

ing department then makes the plates, proofs off the

black and white proofs that the customer sends to us,

assembles the plates for the pressroom, assembles the

skid labels, the bundle tags, all of the things that the

composition department does for the job ticket and

assembles them in folder racks [p. 18] for the press room.

Mr. Skwiera creates the press sequence on how things

are going to run.

The composing department then assembles the plates

in that fashion. The pressmen come in -

Q. Just so the record is clear, David, could you

identify who Mr. Skwiera is, his job title?

A. Mr. Skwiera is the Plant Superintendent, and he

takes care of the quality control.

HEARING OFFICER: Could you spell his name,

please, for the record?

THE WITNESS: S-k-w-i-e-r-a.

From the assembly of the plates and the putting in

the folder, the pressmen request the plates by what folder

they’re running. They take it, they mount the plates on

the press from the webs and all that, and then the first

copies off come back to the plating department for proof-

ing. Okay. The pressmen page proof at the press to make

sure that all the pages are in sequence off of the job ticket

that the composition department generates.

If the page proofing is correct, it goes back to the

plating department and they then word for word proof

the circular to make sure that it’s correct.

[p. 19] BY MR. McCARTHY:

Q. Now, when you refer to the plating department,

is that part of a larger department?

A. It’s part of the preparatory department.

Q. Okay.

A. In the preparatory department you have the

camera, the stripping and the plating and the proofing,

and actually the composition.

From the pressroom the pressmen put it on the press.

They have material handlers that work in the shipping-

receiving department that bring the rolls of paper to the

press, and after the product is printed they remove the

printed product and make it ready for shipping. They

also remove the waste generated by making ready the

rolls and to make ready waste from the press to start up.

They weigh the pallets out, they weigh all the waste

to keep track of paper used on the job. The material

handlers then take the product into the back, they wrap

it, make sure the counts are right, stage the loading dock

for the truck drivers, and then on specific shifts they load

the trucks so that when the drivers come in they can take

them out.

Q. Could you describe for us, please, what your

maintenance department, if any, is and what [p. 20] func-

tions it performs?

A. In the maintenance department we have jan-

itorial and building and mechanical.

The janitorial keeps the entire plant clean, including

the pressroom, in front of and behind the press.

The mechanical people keep the presses running

and/or do the preventive maintenance on the presses so

that they do run on or off base.

Q. You referred to building employees in the main-

tenance department?

A. The janitorial, the building maintenance.

Q. As far as -

A. Replacement of windows, carpet cleaning up

front.

MR. McCARTHY: How do you want this

marked?

HEARING OFFICER: Mark this Employer

Exhibit 1.

(The document above-referred to was marked

Employer’s Exhibit No. 1 for identification.)

BY MR. McCARTHY:

Q. David, I’ve handed to you what’s been marked

for purposes of identification as Employer Exhibit 1. Can

you take a look at that, please, and if [p. 21] you know

what it is please explain what it is?

ie OS, Ee. Se, Le ae ee te en ee, ee

A. It’s a listing of the employees by department and

their classification.

Q. Does Employer Exhibit 1 contain the names of all

employees of NTA Graphics, Incorporated, at least as of

this time?

A. As of — yes.

Q. And Employer Exhibit 1 indicates various

departments. Does it accurately depict which employees

are assigned to which departments?

A. Yes, it does.

Q. And Employer Exhibit 1, next to the name of

each employee, identifies a job classification. Does

Employer Exhibit 1 correctly and accurately depict the

job classification held by each of the employees named in

Employer Exhibit 1?

A. Yes, it does.

Q. Could you explain just briefly, David, the respec-

tive job duties of a pressman and a jogger and what the

differences between those two job classifications might

be, if any?

A. The pressman is responsible for hanging the

plates, make sure — following the information off of the

job ticket, and running the job.

The material handler — or the jogger takes [p. 22] the

paper off the end of the press after it’s printed, does

utility - they do cleanup around their area.

The pressman — not to jump back and forth —- makes

sure that there’s ink and water in the press and that the

. eee

press is operational to perform the work. They change the

blankets if necessary, they change the — do light mechani-

cal work on it if there’s a tucker blade that bends or water

roller that needs changing. Anything out of their normal

operation of the press is handled by mechanics.

The jogger’s primary function is to load the papers

off of the press onto a pallet and clean up his area.

Q. And also I'd like to have you describe what

degree of contact, if any, there is between the mainte-

nance employees and the pressmen.

A. The janitorial maintenance or the mechanical

maintenance?

Q. Both.

A. Both? Janitorial maintenance, they on a routine

basis walk through, sweep the plant; they clean the press-

room itself; they shuffle the ink buckets that the pressmen

don’t use or waste out to the back; they clean behind the

press.

The mechanical people do the work that the [p. 23]

pressmen can’t do. If there’s a major fold to repair, gears

off the back of the press, things out of the normal opera-

tion of running the press.

Q. I'd like to have you explain, David, if you could,

whatever supervisory or leadership structure you have to

oversee your operation here in Toledo; in other words,

we've talked about what employees in different depart-

ments do. I'd like to have you explain what degree of

supervisors - or supervision and how you go about

supervising and leading the operations in those depart-

ments.

A. As the Operations Manager, I have Mr. Skwiera

that is basically my right hand. He and I sit down and

decide how things are going to run come Friday for pre-

plant the following week. In each department there’s

basically a control person, a group leader or supervisor,

however you want to locate them, that the information

goes to.

Do you want me to do this by department?

Q. Yeah, I think that would be the easiest way to

understand it.

A. Okay. Randy Perdue, in the shipping and receiv-

ing is the group leader, manages all of the paperwork-

clerical functions. He does the incoming inventory, he

does the shipper-receivers for the [p. 24] product that

leaves the plant, and he directs his drivers and the other

people. He accumulates all of the weight slips from the

jobs, the waste slips, and gives me reports every Monday.

He records everything supplied to him from his people

and takes care of the ink reports on a weekly basis, and

generally does the paper inventories for me.

Q. To whom does Randy Perdue report?

A. To Mr. Skweira and myself.

In the pre-press department we have Beryl Grisier

that, aside being the one that does the order, routinely

does the clerical work on the end of the week to supply

me all the reports as far as the film usage, the plate usage,

the daily time sheets, everything that is accumulated

during the week for me to put into the job ticket for

billing purposes. He also does the scheduling of the

employees in that department.

—_ .

In the pressroom you have Scott Shaffer that is day

side supervisor. He’s also a pressman and he’s also a

mechanic. He reports to Mr. Skwiera for the run

sequences and such. He also keeps the presses running

when the pressmen that we have have problems, and

when required runs the press.

Hollis Shaffer is the third shift control [p. 25] person,

is the person that did all of our training of the new guys.

Anyone that trained went to third shift to train that

didn’t have prior experience, or even those that did have

some prior experience but were unfamiliar with the press

trained under Hollis. He’s a mechanic, and he was the

one that followed from Scott where we were on the

schedule, just to make sure that everything ran accord-

ingly.

Q. To whom does Beryl Grisier report?

A. Beryl also reports to Mr. Skwiera.

Q. Okay. Does Beryl Grieser have unilateral author-

ity to order supplies and expend money on behalf of the

Employer?

A. Well, Beryl turns in -

MR. McCLOW: I have an objection. I think

we're getting into issues that aren’t before the Hearing

Officer, which is the scope of the unit rather than the

supervisory functions. I thought we agreed we were

going to save those issues for objections at the election,

for challenges at the election.

HEARING OFFICER: Well, | don’t know if

they’re going to be in issue. Is it your position that Mr.

Grisier is a supervisor within the meaning of the Act?

THE WITNESS: No.

[p. 26] MR. McCARTHY: Contrary.

HEARING OFFICER: To the contrary? Okay.

MR. McCLOW: I thought we had agreed to save

that for later, and besides that -

HEARING OFFICER: Okay.

MR. McCLOW: Besides that, I would have an

objection to doing it now.

HEARING OFFICER: Okay. In other words

then, so the record is clear, with respect, at least of this

time, to Mr. Grisier, the Employer is not contending he’s a

supervisor within the meaning of the Act and, of course,

the Petitioner is taking no position on his supervisory

status at this time as well.

MR. McCLOW: That's correct.

HEARING OFFICER: Okay.

MR. McCLOW: Because we don’t know if he’s

going to be in the unit or not, for one thing.

HEARING OFFICER: Okay. Well -

MR. McCARTHY: Well, let me state for the

record that there are three persons identified as group

leaders: Randy Perdue, Beryl Grisier, Hollis Shaffer. It

would be the Employer’s position that all of these folks

are not supervisors within the meaning of the Act, are

properly included within the bargaining [p. 27] unit. I

didn’t intend to address those issues, I guess simply

because it’s my understanding - I think the Region pre-

fers to pare down the number of challenges to the extent

you can, and so it was my assumption that we try and

deal with those also today, but I'll be guided by whatever

the Hearing Officer prefers to do.

HEARING OFFICER: Mr. McClow, any position

on that?

MR. McCLOW: Yes. My position is that when we

stated the issues it was the units, not the people in the -

HEARING OFFICER: Well, that was the issue,

of course. I mean if during the course of the hearing the

parties raise additional issues that need to be litigated

and resolved in some fashion, by all means, the, you

know, we're going to entertain them

It's my understanding, though, that these three

group leaders, the Employer is taking the position they're

not supervisors. The Union is taking no position on their

eligibility to vote at this time.

MR. McCLOW: That's correct, because it’s my

position it’s a hypothetical question at this time.

HEARING OFFICER: At this time?

MR. McCLOW: Yes, it is. And we aren’t pre-

pared to go fowward [sic] at this time with it.

[p. 28] HEARING OFFICER: Okay. Well, I'll let

you discuss what their functions are if it has a bearing on

the community of interest matter, tell us what they do.

MR. McCARTHY: Okay.

HEARING OFFICER: Because the Director may

sua sponte make a determination on that issue if he

wants. Go ahead.

MR. McCARTHY: Can we go off the record

briefly?

HEARING OFFICER: Go off the record, please.

(Discussion off the record.)

HEARING OFFICER: On the record.

BY MR McCARTHY:

Q. David, I's like to ask you when considering your

group of employees as a whole, when you hire employees

~ and I’m talking about all the departments now - do you

require any particular training of any of those

employees? And if you do, tell us which groups of

employees you demand any special training of.

A. Well, unfortunately, we're not in the high tech

press areas yet. There’s not a lot to draw from with

experience. It’s been our practice to bring in people with

limited or no experience and teach them the [p. 29] opera-

tion and the function of the equipment that they’re going

to be using.

Q. Do you have any special educational require-

ments that you demand of any or all of your employees

when they are hired?

A. No, it’s basically on-the-job training.

Q. Do I understand correctly, David, that all the

operations of the Employer are conducted at one facility

located at 5225 Telegraph Road in Toledo, Ohio?

A. The printing, yes.

MR. McCLOW: I'm sorry. That wasn’t respon-

sive to the question.

HEARING OFFICER: Repeat the question

again.

BY MR. Mc CARTHY:

Q. My question was are ail the operations of the

Employer conducted at its facility here in Toledo at 5225

Telegraph Road?

A. Yes.

HEARING OFFICER: This is off the record

briefly.

(Discussion off the record.)

HEARING OFFICER: On the record.

Just so that the reader of this record [p. 30] under-

stands what is going on right now. just during our off-

the-record discussions Mr. McCarthy obtained a docu-

ment which we are going to mark as Joint Exhibit No. 1.

It’s Joint Employer and Petitioner Exhibit No. 1. It is a

diagram of the Employer’s facility setting forth what the

facility looks like.

(The document above-referred to was marked

Joint Employer and Petitioner Exhibit No. 1 for

identification.)

HEARING OFFICER: So we can now proceed, Mr.

McCarthy.

BY MR. McCARTHY:

Q. David, turning your attention to what has been

marked as Joint Exhibit 1, is that a reasonably accurate

depiction of the layout of the plant, the Employer's plant

here in Toledo?

A. Yes, it is.

Q. Could you - with reference to Joint Exhibit 1,

various areas of the plant are given different names or are

labeled differently. Just so that the record is clear, I'd like

to have you identify, if you'll refer yourself back to

Employer’s Exhibit 1, where the employees in each

department work as identified on Joint Exhibit 1, the

plant diagram.

[p. 31] A. The composing department works in the -

do you want me to write on this or -

Q. No, no.

A. No?

Q. No. Just -

A. - works in these offices, this area right here that

is labeled “Office.”

HEARING OFFICER: Excuse me. Is that where

the area located the “Office,” is that like in the northern-

western side of the building, what?

THE WITNESS: North is that way.

HEARING OFFICER: North is that way?

THE WITNESS: South is that way.

HEARING OFFICER: It’s a portion in the south.

May I make a little -

THE WITNESS: In this area here?

HEARING OFFICER: In the south, like a little

square, “north, south, east, west.”

Okay. Just so that the reader of the record knows

what I’m doing is I’m making a little compass, and it’s a

rough compass, but just give you the general directional -

THE WITNESS: East and then west.

HEARING OFFICER: It sets forth the north,

south, east and west directions. There are two offices

[p. 32] adjacent to each other in the southern portion of

the building as set forth in Employer Joint Exhibit No. 1.

These two offices are in between what is designated

“Main Office Entrance” and “Employee Entrance,” and

it’s kind of like across the hallway from the camera room

and the pre-press computers. So that’s what we're refer-

ring to.

Mr. McCarthy?

MR. McCARTHY:

Q. Okay. David, why don’t you proceed with the

other departments and identify where they work on Joint

Exhibit 1?

A. The pre-press area is this entire area across -

again, well, in this front office area, as they have marked

“Camera Room” and “Pre-presses,” the entire area across

the face.

HEARING OFFICER: Okay. It’s those three -

THE WITNESS: Three separations as they have

there.

HEARING OFFICER: Three separations that are

across the hallway, so to speak, from the composition or

two composition offices. One of those areas is designated

on the exhibit as “Pre-Press,” then there’s like a break

there and it says “Camera Room,” and then there is also

to the right of that - [p. 33] or I should say to the east of

that on this form just blank office, which is also a part of

the -

THE WITNESS: Preparatory.

HEARING OFFICER: - preparatory or pre-

press. Pre-press and preparatory are the same thing?

MR. McCARTHY: Yes.

HEARING OFFICER: Okay. For the reader of

the record, whenever you see like “Department 100 Pre-

Press” on the document marked Employer Exhibit 1,

“Pre-Press” is “Preparatory.” Those words are used inter-

changeably.

THE WITNESS: Okay.

HEARING OFFICER: Okay. I’m sorry.

THE WITNESS: In the pre-press department

you have the camera room, you have the stripping room,

and you have the plating department, proofing depart-

ment, all four of these to occupy this area.

This area that they have listed as “Future Pre-Press”

is the area that we are designing for a scanning room.

HEARING OFFICER: Which department is that

part of?

THE WITNESS: That would be part of the pre-

press department also.

HEARING OFFICER: Okay. That's that section

[p. 34] in the southwest corner of your facility.

THE WITNESS: Okay. The shipping-receiving

department, although we have shipping docks here and

receiving docks back here, there — there is a shipping-

receiving office here. The paper received is all through

this area, and the printed product is all through this area

after — the paper is received in here and stored. It’s called

up, taken into the pressroom, printed, brought out here

and stored.

HEARING OFFICER: Okay. For the reader of

the record’s purpose, what the witness is saying is that

there is a receiving dock located roughly in the northwest

side of the building. The paper to be printed is — to be

used for printing is received at that receiving dock, and

then it is stored at what is marked on the form as “Paper

Storage.” There is a shipping and receiving office in that

area. It then goes to the — the paper then moves to -

THE WITNESS: The pressroom.

HEARING OFFICER: - the main pressroom,

which is adjacent to the pre-press offices that we referred

to earlier. Okay. What -

THE WITNESS: From the pressroom it comes

out into the storage area here, which is considered the

high bay because of this 25-foot ceiling.

[p. 35] HEARING OFFICER: Okay.

THE WITNESS: But it’s staged here, and then

the shipping trucks are all on the dock and they load up

here.

HEARING OFFICER: Okay. So high bay is in

the eastern portion of the building and the finished prod-

uct goes via the docks located in the high bay area.

THE WITNESS: Okay.

HEARING OFFICER: Okay.

THE WITNESS: So the shipping and receiving

people are all through this area on a continual basis all

day long. They’re in and out of there all day.

HEARING OFFICER: Okay. So they walk — 50

we understand and so the reader of the record under-

stands, the shipping and receiving people work carries

them anywhere from where the receiving dock is marked

on Joint Exhibit 1 to where the paper storage is to an area

which says -

THE WITNESS: “Main Press Room.”

HEARING OFFICER: - “Main Press Room” to

an area on the Joint Exhibit that says “High Bay Area.”

They travel and their job takes them in all those areas.

Okay.

THE WITNESS: The shipping and receiving

people also store their scrap out in the same area. [p. 36]

It’s generated in this room and it’s stored over here.

HEARING OFFICER: Okay. “This room”

doesn’t mean anything to a person reading the transcript.

Be a little more specific.

THE WITNESS: Okay. The waste generated in

the main pressroom is taken to the high bay area and

stored, as is the printed product for shipping.

HEARING OFFICER: Scrap storage is kind of

like in the northern portion of the high bay area.

THE WITNESS: Northern, right.

HEARING OFFICER: Okay.

THE WITNESS: The press room, we have two.

We have the “Main Press Room,” which they have

diagramed [sic] here, and we have a second press room

out back. The main press room is where the majority of

our work is at the present time. The heat set press is — has

been tested, and the eight-unit 845 is a running machine;

however, we don’t have many jobs for it because it’s a

high-volume press.

The pallet area is in this high bay. It’s in the eastern

section of the high bay. They produce the pallets neces-

sary for the pressmen to put the printed product on to

ship it out of the building.

The maintenance department, there’s a maintenance

office here and there is a maintenance [p. 37] area in the

back. The custodial maintenance office is right here, and

now the areas in which they store their mop buckets,

things to clean the press with, and all that such are in this

room also.

HEARING OFFICER: Okay. You’re going to

have to define “there” because, like I say, somebody

reading the transcript won’t know what you mean.

THE WITNESS: Okay. It would be in the second

pressroom, in the back of the building.

HEARING OFFICER: In the back pressroom

where the heat set being is erected. So that custodia!, that

little office there in the secondary pressroom, kind of

across from where the paper storage is, is called “Custo-

dial.” That’s where your custodial maintenance office is?

THE WITNESS: Right.

HEARING OFFICER: Okay. And adjacent to

that office on the eastern side are places for the buckets

and everything, right?

THE WITNESS: Correct.Okay.

THE WITNESS: Okay. The maintenance and

rebuilding section in the northern section of the building

is where there are presses being rebuilt and equipment

goes to that department to be repaired, for [p. 38] exam-

ple, the counterveyors off of the press, when they break

one is rolled into the back and one that’s been rebuilt is

brought up to the front. There’s an exchange of equip-

ment. And then the maintenance people rebuild it.

There’s also an inventory storage room in this main-

tenance and rebuilding thing in the northern portion of

this picture that all of the supplies are stored now for the

building maintenance, the press maintenance, all of our

inventory is in this back maintenance and rebuilding

room in the northern room with the exception of paper

and ink.

HEARING OFFICER: Okay. That room is desig-

nated “Maintenance and Rebuilding” on the chart that we

have before us, Joint Exhibit 1.

THE WITNESS: Maintenance, you have offices

in the southeast corner. All your management and office

personnel, as on the Exhibit 1, are in this southeast corner

next to the high bay in the front area, office area. So we

have this, this, this. That's it.

MR. McCARTHY:

©. David, you've identified the area in the plant

where the composition department employees work.

A. Correct.

[p. 39] O. Do those, the employees in that depart-

ment have occasion to be outside those offices at any

time?

A. Yes. They frequent the pre-press preparatory

department quite often, because what they do ~ the pre-

paratory department can’t do anything until they’re done

with their job.

Q. Until who’s done with their job?

A. Until the composing department is done with

their function, the pre-press can’t do anything. They take

the product into there, they discuss the job, they also go

into the plating area, which is adjacent to the pressroom

to — for the job skid labels, which - the area is accumu-

lated in this southwest corner of what they have labeled

as the “Pre-Press Department.”

So, yes, they frequent the pre-press department regu-

larly. The time clock is in the pressroom. Everybody has

to go through that. And -

HEARING OFFICER: The time clock is in the

main pressroom or the secondary?

THE WITNESS: Main pressroom. The time

clock is in the main pressroom right outside the quality

control office here.

HEARING OFFICER: Okay.

THE WITNESS: They deal with -

[p. 40] BY MR. McCARTHY:

Q. You say -

A. Excuse me. They deal also with the shipping-

receiving people, if not in person by the telephone com-

munication system in the building.

Q. You say everyone goes through the time clock.

Can you identify - maybe the easiest way to do it is tell

us who does not punch the time clock.

A. The only people that don’t use the time clock are

myself, Gail Tremonti and Frank Skwiera. Everybody else

is hourly. Everybody.

Q. When you say “hourly,” what do you mean by

that?

A. They get paid on an hourly basis.

Q. And they all - other than the three you men-

tioned, they all punch the time clock?

A. Yes.

Q. Now, you identified on Joint Exhibit 1 the area

where the employees in the pre-press department work.

A. Correct.

Q. Do the employees in that department have occa-

sion to be outside those offices in other areas of your

facility?

A. Yes. They - other than punching in and out

[p. 41] tjey [sic] have the - they’re in the pressroom

regularly to A, deliver plates, B, shut down a press if it’s

~ in their proofing system have found out that the version

that they’re running, if there’s an error in it, they go out

and they shut down the press. They work -

Q. How do they go about shutting down the press?

A. After the pressman has page-proofed a version

it’s brought back to the preparatory department, it’s

proofed; if there’s an error they then go out physically

and shut down the press, as far as tell the press —

Q. Do they shut it down?

A. No, they tell the pressman to shut it down.

Q. Okay. Any other occasions that employees in the

pre-press department might be found outside their speci-

fic offices?

A. Just if they’re working with the pressmen on a

press problem, or a test.

Q. Can you give us any idea, David, as to the total

square footage of your facility here in Toledo?

A. It’s just under 100,000 square foot.

HEARING OFFICER: Can you give the dimen-

sions, like length and width, roughly? You don’t have -

just as close as you can.

[p. 42] THE WITNESS: I know it’s 100,000

square foot. I know this room is 25,000 square foot. I

know this -

BY MR. McCARTHY:

Q. Which one is that now, David?

A. This is the high bay.

HEARING OFFICER: The high bay is 25,000

square foot.

THE WITNESS: Uh-huh. The pressroom itself is

roughly — these rooms are proportionately run, but these

rooms are — is roughly 25,000 foot. The office, pre-press,

preparatory, management office, composition office is

roughly 12,000 square foot.

This future pre-press room is roughly 3500 square

foot.

The maintenance rebuilding area is roughly 35 to

four thousand square foot.

And the 845 in the paper storage area would make up

the difference along with Mossing Machinery. Mossing

Machinery is around 2500 square foot.

HEARING OFFICER: What is Mossing Machin-

ery? Is that - what department is that?

THE WITNESS: Mossing Machinery is owned

by David Mossing. He does mechanical repair for us, to

keep the presses up. If there’s an emergency nature,

|p. 43] as far as a gear breaking, an emergency repair, we

need something, he will generate that for us. He bills

NTA geographics |[sic].

HEARING OFFICER: He's not an employee of

the company?

THE WITNESS: He’s not an employee.

HEARING OFFICER: Okay.

THE WITNESS: The balance is made up of the

845 pressroom as we call it and the paper storage area, to

up to 100,000 square feet.

BY MR. McCARTHY:

Q. David, Joint Exhibit 1 makes reference to a cafe-

A. Yes.

Q. Would you tell us who uses that cafeteria?

A. Everybody. There is a bank nt ina machines

in there and picnic tables for the lunch hours for every-

body’s use. The office people get their pop out of there,

they seldom sit and eat out there. We also use the cafete-

ria as a training room when we have ~ and/or when we

have meetings we have them in that room.

Q. You mentioned that all employees — well, let’s

say all employees under consideration here today are

paid on an hourly basis.

[p. 44] A. Yes.

Q. Could you please go through departmert by

department and tell us the range of hourly rates for

employees in that department, and by that | mean work-

ing in a department what the lowest hourly rate is and

what the highest hourly rate is.

A. Okay. Excluding management and office because

they’re not included here?

Q. Yes. We're not concerned with those.

A. The Department 900, Maintenance, you have 4.50

to $10.00; Pallets, you have 6.50; Shipping-Receiving, you

be aaeeapenmiamnamnnes

have anywhere from 4.90 to $9.00; Composing, you have

$6.00 to 7.50; Pre-Press, you have 4.90 to 9.25; Pressroom

3.85 to $9.00.

HEARING OFFICER: Stop. Just a quick ques-

tion. Sorry to interrupt, but there’s a Department 910 on

Employer Exhibit 1 called “Pallets.”

THE WITNESS: That was 6.50.

HEARING OFFICER: That’s 6.50?

THE WITNESS: $6.50.

HEARING OFFICER: Is pallets a separate

department and entity unto itself, or is that part of the

maintenance?

THE WITNESS: Part of the maintenance.

HEARING OFFICER: It’s part of the [p. 45]

maintenance -

THE WITNESS: 900.

HEARING OFFICER: Okay. It’s really part of

900, so it’s -

THE WITNESS: It’s a sub.

HEARING OFFICER: For purposes of this peti-

tion, when we refer to maintenance department, we’re

also including Paul Griener, G-r-i-e-n-e-r, who is the pal-

let man.

THE WITNESS: Let me clarify. The pressroom,

were you including supervisors when you asked that

question or the -

lat

BY MR. McCARTHY:

Q. Not including Scott Shaffer.

A. Not including Scott Shaffer?

HEARING OFFICER: No. We're not including

supervisors within —

THE WITNESS: Okay. What about the question-

able people, or we don’t have -

HEARING OFFICER: Pressroom?

THE WITNESS: Yes.

HEARING OFFICER: What is the range of

hourly wages?

THE WITNESS: Right. As far as - Howard Shaf-

fer is on here. Include him in that figure?

[p. 46] BY MR. McCARTHY:

Q. Yes.

A. Okay. It stays 3.85 to $9.00.

Q. I'd like to have you discuss, Dave, the - what

daily work schedules employees work, and tell us if there

are any differences in those daily work schedules among

the various departments.

A. The pre-press department and composing and

pressroom — well, one by one.

Pre-press generally starts Monday morning at six

o'clock, works for three days, is off Thursday, works

Friday. Because of the configuration -

—

Q. Begins at 6:00 Monday through Wednesday.

When do they end?

A. Begins at six o'clock Monday morning. Right.

There's people in the department all week long, but the

major folks work three davs off, ome on one. There is a

person that works five eights to cover the shifts when

there’s nobody there.

Q. Okay. The three - the persons that work three

days on, one day off, they begin at 6:00 a.m. in the

morning, and what time do they end their shift on Mon-

day through Wednesday?

A. Well, right now we're on two shifts. We’re work-

ing day side. And, actually, all of the hours are [p. 47]

different in the department. You have a person working

Monday morning from 6:00 until 4:00. You have a person

working 2:00 until midnight. You have a person working

4:00 until 2:00. You have people working from midnight

until 10:00 in the morning. It’s just a variety of - and you

have some part-time people in there from 8:00 until 2:00

at night and from 8:00 until midnight, Monday till

Wednesday, because that’s when the brunt of our work

comes in, in that department. They also work Friday

because they get ready for the Monday. We get the color

boards in early and Caroline will make the job tickets.

Q. Who is Caroline?

She’s in the composing department.

Okay.

For those folks to cut the color.

Or 0 >

Friday, what's their Friday schedule?

A. Friday, if there is no press running they’re out of

there at midnight.

Q. When do they start?

A. Well, it’s just - you’d have someone starting,

depending on the copy for the midnight, you have the

kid during the day that works 8:00 to 4:00 on Friday. By

the time Friday comes we're back to an eight-hour shift.

[p. 48] Q. Okay.

A. Okay. The pressroom, we're currently working

eights and twelves. We work an eight-hour shift on -

starting Monday midnight to Tuesday morning 8:00 a.m.,

and then from Tuesday morning till — 8:00 a.m. till Tues-

day morning - Tuesday evening 8:00 p.m. they go to 12-

hour shift. So they’re working roughly 44 hours a week.

HEARING OFFICER: How many shifts do you

have in the pressroom?

THE WITNESS: Right now we have two.

HEARING OFFICER: Two shifts. What are the

shifts generally, morning shift and a -

THE WITNESS: We have a day and a night shift

now because -

HEARING OFFICER: A night shift and a day.

Okay.

THE WITNESS: Midnight we'll start - you

know, they start Monday midnight, work for eight hours,

and then you start Tuesday day and work three twelves,

and then Friday they work an eight. Monday midnight

they start, they work an eight and then they come back

with three twelves; and it depends on if there’s work on

Friday, if there’s work on Friday we stay.

[p. 49] BY MR. McCARTHY:

Q. I’m a little bit - I’m unclear on the employees

that start Monday at midnight and work eight hours. You

say they also work three 12-hour shifts? When are those

three 12-hour shifts?

A. Starting Tuesday night.

Tuesday night. Okay.

Right.

QO?

Tuesday midnight?

A. No. They come back Tuesday at 8:00 p.m. to

work for three twelves.

Q. Okay.

A. The composing department, they work a variety

of hours. They might work six hours on Friday, 12 hours

on Monday, 13 hours on Tuesday, and not work Wednes-

day and Thursday; work 2 hours on Wednesday and not

work Thursday at all. There’s two people in the depart-

ment and they just work when there’s jobs come in, jobs

come in.

The pallets, they work roughly 8:00 to 4:00, 8:00 to

5:00 five days a week.

Maintenance department is - you have two shifts.

Have a janitorial on second that works 4:00 to midnight.

The other guy —- two guys work ©:00 to 4:00, and then the

~ well, the other four guys then [p. 50] work 8:00 to 4:00,

8:00 to 5:00, in that area, depending on the work.

I think that covers it.

Shipping and receiving, they start on Tuesday, work

till Saturday. If there’s no Saturday delivery, they work

Monday to Friday.

Q. Okay. And what schedule do they work Tuesday

through Saturday?

A. They're pretty standard. They’re pretty — 8:00 to

4:00 or 4:00 to 12:00, 12:00 to 8:00.

HEARING OFFICER: You have three shifts for

shipping and receiving?

THE WITNESS: Yeah. There’s overlap on all of

them. I think they’re working 10-hour shifts. They’re all

overlapping.

Office and management is not applicable.

BY MR. McCARTHY:

Q. Now, the employees in the various departments,

maintenance, shipping and receiving, composition, pre-

press, pressroom, are these employees subject to the same

disciplinary rules or do you have different disciplinary

rules for each department?

A. Absence, tardiness, doing something wrong,

they all — the same procedure is followed.

[p. 51] (A document was marked Employer’s

Exhibit No. 2 for identification.)

BY MR. McCARTHY:

Q. David, you’ve been handed what's been marked

for purposes of identification as Employer Exhibit 2. Can

you tell us what that is, please?

A. It’s our Employee Handbook.

Q. And Employer Exhibit 2 - well, why don’t you

describe what the Employee Handbook contains?

A. The Employee Handbook is an overview of - it’s

welcoming you to the staff as a new employee; it gives

you in black and white the guidelines to follow, who to

talk to. It answers questions of procedures, overtime pay,

hours of work, the benefits provided. It goes into disci-

plinary procedure. It has fire and emergency procedures,

your benefits, general working rules and regulations to

try and follow, and safety rules in here.

Q. Okay. Which employees in your operation are

governed by Employer Exhibit 2, the Employee Hand-

book?

A. Everyone has been issued one from management

down, and there’s one in their files. Everybody in the

place.

Q. Okay. You made mention of benefits being [p. 52]

listed in the Employee Handbook.

A. Yes, it is.

Q. We don’t need to read those, but can you give us

a list of the benefits described in the handbook?

A. Described, you have the vacation schedule, for

after periods of time. You have the insurance and medical

and life insurance is stated in there. It doesn’t say any-

thing about the uniforms or the shoes that we issue, but

those are issued after 90 days.

Q. The benefits described, are those the benefits

provided to all employees?

A. Yes.

Q. With respect to things like insurance benefits, are

all employees — again, when I use the word “employees”

in these questions I’m referring to the employees in issue

in this hearing today.

A. Okay.

Q. - which is all but management and office cleri-

cal employees.

A. Okay.

Q. Do all those employees receive the same medical

insurance benefits?

A. Yes. Same life insurance, too.

Q. Same life insurance?

[p. 53] HEARING OFFICER: Who is your medi-

cal policy with?

THE WITNESS: Toledo Health Plan.

HEARING OFFICER: And your life insurance?

THE WITNESS: C&M Alliance out of Connecti-

cut.

BY MR. McCARTHY:

Q. The handbook describes in the benefits section

vacation benefits?

A. Yes.

Q. Are the same vacation benefits provided to all

employees?

A. Yes, they are.

Q. You made mention of an hourly rate. All

employees are compensated on an hourly basis as you've

previously testified to. Do any employees receive any

piece rate compensation?

A. No.

Q. Do any employees receive any commission com-

pensation?

A. No.

MR. McCARTHY: I need one second.

HEARING OFFICER: Off the record.

(Discussion off the record.)

(A brief recess was taken.)

[p. 54] BY MR. McCARTHY:

Q. David, referring to different parts of the hand-

book, if you need to look at that or read them please do

so, but I don’t believe you will, the handbook discusses a

policy on overtime pay.

A. Un-huh.

Q. Or guess tells an employee how and when they

receive overtime pay.

A. Correct.

Q. Is that policy applicable to all employees?

A. All employees.

Q. There’s a discussion of payday. Is that procedure

applicable to all employees?

A. Yes.

Q. There is an absence policy. Is that policy applica-

ble to all employees?

A. Yes, it is.

Q. There’s a statement of disciplinary procedures?

A. Correct.

Q. Are those procedures applicable to all employees?

A. Yes, they are.

Q. There is a smoking prohibition policy. Is that

policy applicable to all employees?

[p. 55] A. Yes, it is.

Q. There are various rules as to the facilities. Are

those rules applicable to all employees?

A. Yes, they are.

Q. There are rules on telephone calls and personal

visitors. Are those rules applicable to all employees?

A. Yes, they are.

Q. There are rules - I'll put them together — on plant

visits, solicitation and distribution, off-duty access; and

to the extent those rules apply to any employees, are they

applicable to all employees?

A. Yes, they are.

Q. There is a policy or discussion of security pro-

cedures. Are those procedures applicable to all employees?

A. Yes, they are. That’s been stepped up, too.

Q. And there is a policy on bulletin boards. Is that

applicable to all employees?

A. Yes, it is.

Q. At the back of the handbook - I don’t have a

page number, but there is an acknowledgement form.

A. Correct.

Q. Were all employees required to sign that form?

[p. 56] A. Yes, they are.

HEARING OFFICER: Off the record briefly.

(Discussion off the record.)

HEARING OFFICER: On the record.

MR. McCARTHY: I have no further questions at

this time.

HEARING OFFICER: Petitioner counsel, you

may proceed.

MR. McCLOW: Are we going to take a lunch

break?

HEARING OFFICER: Off the record.

(Discussion off the record.)

HEARING OFFICER: Back on the record.

CROSS-EXAMINATION

BY MR. McCLOW:

Q. You've located the main pressroom on the dia-

gram. The pressroom is basically in the middle of the

plant; is that right?

A. Correct.

, Q. And there are walls to fke south of the press-

room and a complete wall to the south and to the north of

the pressroom; is that right? |

A. Yes.

Q. And that wall goes all the way to the ceiling?

[p. 57] A. Yes.

Q. All right. So there’s a separation between the

pre-press area and the pressroom by — was it a brick wall

or -

A. Yes.

Q. The entrances to the pressroom are on the east

and the west side, is that right, of the pressroom?

A. East and west and there is one on the south wall.

And that’s between the -

A. It’s in the quality control area.

©. Between the two offices?

A. Well, it accesses the pressroom to the front of the

building.

Q. Okay. So in order to get from the pressroom to

the front of the building. you go through the quality

control office and then into the main office area; is that

right?

A. Correct, or around

Q. Or else you can go out the west side.

West end.

West end and go around?

> O >

Correct.

Q. Right. Is that door between the two offices still

open to employees to travel through it?

[p. 58] A. All the pre-press and the front office

people walk through that, yes.

Q. But the pressroom people can’t walk through

that; is that right?

A. They can walk in through here or they go in

through the employee entrance to the locker room to the

time clock, to the locker room, to the employee entrance.

Q. What you're saying then is that the press

employees do not use the restroom then in the front office

space; is that right?

A. Correct.

Q. The pre-press employees do use that restroom?

A. Yes, they do.

Q. And the pressroom employees use the locker

room restroom that’s in the back of the plant; is that

right?

A. Correct.

MR. McCLOW: Can I go off the record for a

second?

a Se eee eee

HEARING OFFICER: Off the record.

(Discussion off the record.)

HEARING OFFICER: On the record.

[p. 59] BY MR. McCLOW:

Q. In the pressroom there are approximately six

presses; is that correct?

A. (No response.)

Q. And they’re designated with number and letter

designations?

A. Two, four, six folders.

Q. And a press is a fairly complicated piece of

machinery; isn’t that correct?

A. Yes.

Q. It’s composed of a place where the paper rolls

are loaded onto spindles and call it Butler, is that right?

A. Correct.

Q. And each Butler has a place for two rolls of

paper?

A. Yes.

Q. And the reason for that is that these Butlers are

able to piece the tail end of one roll of paper to the front

end of another roll of paper; is that right?

A. Yes.

Q. So you’ve got a continuous operation without

shutting down the press and reloading the paper; is that

right?

[p. 60] QO. And the duties involved in loading the

paper onto the Butlers is the pressman’s and the jogger’s;

is that right?

A. Yes.

Q. The six presses in the pressroom are designated

1A, 1B, 2A, 2B, 3A and 3B; is that right?

A. Yes.

Q. Is it correctly designated on this diagram?

A. Yes, it is.

HEARING OFFICER: For the reader of the

record or the transcript, you'll see the main pressroom on

Joint Exhibit 1 and on —- by the walls on each side ~ it’s

kind of self-explanatory - you will see where the presses

are located. They’re not in the center of the room but

rather by the walls. 1A, 1B, 2A and 2B on the north wall;

is that right?

THE WITNESS: Yes.

HEARING OFFICER: And 3A and 3B on the

south wall?

THE WITNESS: Correct.

BY MR. McCLOW:

Q. These are web presses, right?

A. Yes, they are.

Q. And a web press is a press that has a continuous

feed from a paper roll; is that right?

[p. 61] A. Yes.

Q. That's opposed to a sheet-fed press which sheets

of paper are inserted into the press; is that right?

A. That’s correct.

Q. You don’t have sheet-fed presses, do you?

A. No.

Q. Now, each press in the main pressroom has sev-

eral units; is that right?

A. Yes, they do.

Q. And each unit puts a particular color on the

paper; is that right?

A. Yes, it does.

Q. And the presses that you've got, each unit has

the ability to put an image on the top and bottom of the

paper at the same time; is that right?

A. Yes.

Q. And just so the person who is reading the record

can understand a little bit about this procedure, there are

several cylinders in each unit, is that right, metal cylin-

ders?

A. Yes, there’s four in each unit.

Q. And then there are smaller cylinders for the ink

and the water; is that right?

A. Rollers, correct.

[p. 62] Q. So you have four cylinders and several

rollers?

A. Correct.

Q. There is a blanket cylinder on the top and the

bottom; is that right?

A. Yes, there is.

Q. And the paper runs between that; is that right?

A. Yes.

Q. All right. And the blanket is a rubber blanket

that’s attached to a metal cylinder; is that right?

A. Yes.

Q. And then above that, with respect to the image

that’s put on the top of the paper, there is another cylin-

der to which the plate is attached; is that right?

A. Yes.

Q. And the same thing happens on the bottom -

A. Correct.

©. - underneath the blanket, so that there is a — the

plate cylinder where the plate is attached; is that right?

A. Correct.

Q. And when the paper runs through th« blanket

|p. 63] blanket cylinders, what happens is ink is placed on

the rollers which then is transferred to the plate cylinder,

the plate on the plate cylinder; is that right?

A. Yes.

Q. And then the ink on the plate is then transferred

as the cylinder goes around to the blanket cylinder.

A. Yes.

Q. The rubber blanket on the blanket cylinder; is

that right?

A. Uh-huh.

Q. And then the image is put on the paper by the

rubber blanket?

A. Yes.

Q. And a pressman is responsible for such things as

alignment of the images that are placed on the paper?

A. Yes

©. For the darkness of the color?

A. Yes.

Q. And in order to control the darkness or lightness

of the color, you — there are gauges that adjust the water

flow and the ink flow; is that right?

A. There’s keys on the ink.

[p. 64] Q. There are keys on the ink tanks that you

adjust -

A. Fountains.

Q. The fountains, so you let more or less ink in; is

that right?

A. Correct.

HEARING OFFICER: The pressman is respons-

ible for adjusting those keys?

THE WITNESS: Yes, he is.

HEARING OFFICER: Okay.

BY MR. McCLOW:

©. There are also various controls that control the

tension of the paper, the speed of the paper, as I said, the

alignment of the paper on the roils, and also the place-

ment of the image in a particular spot on the paper; is

that right?

A. Correct.

QO. And what happens is the paper goes through

one unit and a certain color image is imprinted or placed

on the paper; it goes to the unit, another color image is

placed on it; and it goes to the third unit another color;

and then it goes to the fourth unit, another color. Is that

basically right?

A. Correct.

Q. And if there’s four units in a particular |p. 65]

press, you can place four colors on that papers; is that

right?

A. Yes.

Q. And that’s why they're called a four-color press?

A. Yes.

Q. And most of these presses that you have are

four-unit presses; is that right?

A. They’re laid out in configutation [sic] such that

you can run a four-unit or an eight-unit together.

Q. When you run an eight-unit, you have to [sic]

presses going into the same folder basically; is that right?

Yes. And then there's one press that has 12 units.

And which one is that?

It's on the south wall.

And that’s 3A and 3B together; is that right?

> Oo > 6 >

Correct. 3A and 3B, right.

©. After the image is placed on the paper, it goes

inte the folder where it’s slit, folded, and cut; is that

right?

A. When applicable, yes.

(. When applicable. If it needs to be folded, [p. 66]

and -

A. It’s folded anyway and comes out into a section,

yes.

Q. And the jogger’s job generally, when the press is

running, is to take the finished product, the finished

folded product out of the folder and stack it on pallets?

A. Correct. To make sure the count is right coming

out of the folder.

Q. And the jogging term comes from, | suppose,

jogging the papers to get them even; is that right?

A. To make a brick, yes. To make a brick.

HEARING OFFICER: The stacks of product are

folded, and the product is called a brick? | mean you -

THE WITNESS: When you stack them up, yes.

Lifts - well, it varies all over. You have lifts of 50, bundles

of 250, so it’s five stacks of 50, alternated, and then that’s

a brick.

HEARING OFFICER: Okay. And the stack is a

brick.

THE WITNESS: That stack has then become a

brick.

HEARING OFFICER: Okay. I just want to know

terms of the art or jargon here.

Ip. 67] MR. McCLOW: Try to keep away from

that as much as we can.

BY MR. McCLOW:

Q. Now the only employees who work in the press-

room on a regular basis are the pressmen, the pressmen

trainees and the joggers; is that right?

A. The material handlers are in there all the time.

Q. But they don’t work in there all the time. They

bring the paper in and then they go back out, and then

they take the skids out and they go back out; is that right?

A. They bring the product in and they take the

product out, and they take care of all of the -

Q. Well, when you say they take the product in,

what they do is take in the rolls of paper?

A. Rolls of paper, correct. They don’t take -

Q. And they do that by what they call clamp trucks;

is that right?

A. Correct.

Q. And a clamp truck is a - is that sort of like a

high-low that’s got clamps on the side that clamps to the

rolls of paper, to the bottom roll if they’re taking more

than one?

A. Uh-huh.

[p. 68] Q. And they lift that up and they move it

into the pressroom and set it down near the butler that is

gong to use that kind of paper; is that right?

A. Correct.

Q. And then they leave, right?

A. yeah.

Q. And if they’re going to go get the finished prod-

uct out of the pressroom, which is now on a skid, they get

a forklift truck, not a clamp; is that right?

A. Right.

Q. And then they take that into the high bay area; is

that right?

A. Right.

Q. With respect to the janitors, you say they are in

the pressroom to sweep and mop the floor?

A. Yes.

Q. They sweep and mop the entire facility; is that

right?

A. Yes, they do.

Q. They do the offices?

A. Yes.

They do the pre-press area?

A. Yes.

Q. They do the locker room and the restrooms?

A. Yes.

[p. 69] Q. Their responsibility is to keep the entire

area clean; is that right?

A. Uh-huh.

Q. And there is one janitor for each press; is that

A. No. )

Q. I mean one janitor for each shift? ta

A. Roughly, yes. One eight-hour. The janitors clean

the pressroom because of the pressmen’s inability to keep

it clean. There was a half-hour overlap of shifts prior to

us putting a janitor into the room on a regular basis

because in the half-hour overlap it wasn’t adequately

being cleaned, and housekeepir~, is a fetish.

Q. Okay. So what you're saying is that at one point

in time it was the press operator’s and the jogger’s job -

A. Responsibility.

Q. - to keep the press area clean.

A. Yes.

Q. But because management was dissatisfied with

the way they cleaned or mopped the floor, when the

moved supplies the janitors began to do that?

A. Uh-huh. They began to assist, yes.

HEARING OFFICER: When did they begin to

[p. 70] assist, do you know how many years ago or

months?

THE WITNESS: I'd put it three, six - eight

months ago maybe.

BY MR. McCLOW:

Q. Now, janitors are not allowed around the presses

when the presses are running; isn’t that right?

A. Correct.

Q. They can only come in when the presses are shut

down; isn’t that right?

A. Well, they do the mopping and such through the

plant when the presses are running, yes. They don’t clean

actually up on the press when they’re running, no.

Q. They aren’t allowed around the press when the

press is running; isn’t that right?

A. They clean behind them.

Q. When the press is running?

A. Yes.

Q. How many feet are there between the walls and

the presses?

A. There’s six foot.

HEARING OFFICER: So that the space between

the presses themselves and the walls that we were refer-

ring to is six feet roughly?

THE WITNESS: Roughly.

Ip. 71] HEARING OFFICER: Okay.

BY MR. McCLOW:

Q. Just so we get an idea as to this, earlier looking

at the diagram, approximately how long is the unit LA

and 1B, for instance, how many feet long is this?

A. Folder to folder it would be about seventy foot.

©. So these are large machines?

A. They're long, yes.

©. And they have hundreds of rollers in them; is

that right?

Well, let's say dozens, dozens of rollers?

A. There's rellers in them, but I couldn't tell you

how many are in them, though.

Q. There's cylinders and rollers that do all sorts of

difterent functions with respect to tension and alignment

and so forth.

A. I believe so, yes.

Q. And with respect to getting one paper roller up

to speed when it starts out,

A. That I don’t know. Well, there’s a speed control

on the press, you can speed up with the press button.

Q. So you aren't sure about -

[p. 72) A. Right.

©. - about whether this particular roll, to get the

new roll up to speed, you don’t -

Q. [sic] It’s a zero speed butler. If the press is run-

ning at 20,000 pieces impression and it’s set up properly,

you can snap it and you won’t miss a lick and it will just

keep on running through.

Q. Are you a pressman yourself?

A. No, I'm not.

Q. In the pressroom, particular employees are

assigned to particular presses on each shift; is that right?

A. Yes.

Q. And so there would be a particular person

assigned to Press 1A; is that right?

A. Yes.

Q. And there would also be a particular jogger

assigned to that particular press; is that right?

A. Yes. We try to keep teams.

Q. That’s an expression, that the pressmen and jog-

gers are assigned to a particular press and they function

as a team; is that right?

A. Yes.

Q. And some of these presses — are they all the same

or are there some different models?

[p. 73] A. We have a V-22 and a V-25. The only

difference is the speed capability and the print quality.

Same manufacturer.

Q. It’s a Harris.

A. Harris.

Q. The function of the press operator is to set up the

press, put the paper in the press, check the ink levels

before a run, check the width of the paper, make sure it’s

correct, clean up the press before it runs — after it runs

dyes and before it runs dyes, check the water level to

make sure it’s correct, check the ink level to make sure

it’s correct, and do all sorts of adjustments in order to

make sure that the press run is going to be according to

specifications; is that right?

A. Uh-huh.

Q. Maybe you'd better say “yes,” because we've got

a —_—

A. Yes.

Q. And the jogger, he helps the press operator get

the press ready for a run; is that right?

A. He’s supposed to, yes.

Q. That’s part of his job?

A. Uh-huh. He also maintains the cleanliness

around the press.

[p. 74] Q. His job also is to clean the floor around

the press; is that right?

A. Right.

Q. I'd like you to look at company Exhibit 1, if you

would. I'd like you to look at Department 000, the press-

room. You have classifications of pressman trainee there;

is that right?

A. Yes, I do.

Q. Now, the bottom of that department on the next

page it says, “A trainee is anyone with less than three

years experience,” is that right?

A. Yes.

Q. Does that sentence apply only to the pressroom?

A. The trainees? No.

Q. No, “A trainee is anyone with less than three

years experience,” does that sentence apply only to press-

man trainees?

A. No.

Q. Okay. What other trainees are there?

A. Well, when we teach someone the pre-press

function.

Q. Now, looking at Department 100, there’s nobody

there listed as a trainee; is that right?

A. Uh-huh.

[p. 75} Q. Is that because they’ve been there for

three — everybody has been there for three years -

A. No.

Q. - or is it because they came with prior experi-

ence?

A. They came with prior experience.

@. Have you ever had a stripper or a camera

trainee?

A. Yes.

And who would that have been?

They’re not on that list.

They’re no longer with the company?

No. On this -

Or OF 0

You wouldn’t have a -

A. Excuse me. On this list the only one that we’d

consider to be a trainee would be Darcy Doyle, in the pre-

press department.

Q. And she’s a plater?

Yes.

But she’s not listed as a -

No, she’s not.

— plater trainee?

No, she’s not.

Cr Or 0O >

Has she been there less than three years?

A. Yes, she has.

[p. 76] Q. Now you wouldn’t, of course, have a

janitorial trainee, would you?

A. No, I don’t.

Q. And you wouldn’t have a material handler

trainee, would you?

A. No, I don’t.

Q. It doesn’t take three years to learn how to -

A. That's correct.

Q. - run a forklift, does it?

A. That's correct.

Q. And I expect that you don’t have a driver

trainee, either.

A. No.

Q. You hire drivers who are qualified, is that right?

A. With experience.

Q. And I expect you don’t have a pallet maker

trainee?

A. No, I don’t.

Q. What a pallet maker does is he saws boards and

puts them together; is that right?

A. Yes.

Q. Nails them together with an electric air gun?

[p. 77] A. An air hammer, yes.

Q. Do all your truck drivers have chauffeur’s

license?

A. Yes, they do.

Q. Are they the only employees that have a chauf-

feur’s license as a requirement of their job?

A. As a requirement, yes.

Q. Under Department 000, you’ve only got one per-

son listed as a pressman other than Mr. - the two Mr.

Shaffers, and that’s Ron Nagle, who is also listed as a

jogger; is that right?

A. Uh-huh.

Q. Has he had three years experience as a press-

A. No, he hasn't.

Q. So shouid he be listed as a pressman trainee?

A. Yes, he should.

HEARING OFFICER: Excuse me. What does

utility mean? Under Department 000, the pressroom, it

says “utility.”

THE WITNESS: If the press is down and we

need someone to trim a certain job they would go out and

trim. It’s a — you do all the functions of maintenance as

needed.

[p. 78] HEARING OFFICER: Okay. Thank you.

BY MR. McCLOW:

Q. Okay. When you say that — all the joggers have a

slash utility after their name.

A. Uh-huh.

Q. Basically, is that right?

A. Yes, sir.

Q. And you say when the press is down and there is

nothing for them to do in the pressroom, you find some-

thing else for them to do?

Uh-huh.

Is that right?

> O >

Yes. Janitorial is everybody’s second job.

Q. Now, with respect to pressman training, you said

it was on-the-job training; is that right?

A. Yes, it is.

Q. Have you hired any employees with press expe-

rience?

A. Yes.

Q. And if you hire an employee without pressman

experience, does he sometimes work as a jogger?

A. He starts as — everybody starts as a jogger in the

pressroom.

Q. And through being a jogger he can work with

the presseman [sic] and see how the press works; is that

right?

[p. 79] A. Right.

Q. And he can learn where the ink goes and he can

learn where the paper goes and he can learn where the

controls are, and those things; is that right?

A. Yes.

Q. And you consider that a person is not a full-

fledged pressman unless he’s had three years experience,

either as a jogger or a pressman trairee; is that right?

A. Yes.

Q. A pressman trainee would sometimes run a

press on his own prior to the time he became -

A. Yes.

Q. - classified as a pressman; is that right?

A. Yes.

BY MR. McCLOW: I’m going to show you -

well, I’m going to get it marked first, I guess.

(The document above-referred to was marked

Petitioner’s Exhibit No. 1 for identification.)

BY MR. McCLOW:

Q. I’m going to show you what has been marked as

Petitioner’s Exhibit 1, and it’s in a blue folder, and on the

first page it’s got in large letters Harris V-25 Web Offset

Press Operating Manual. Is that [p. 80] an operating

manual that NTA uses?

A. Yes.

Q. Is that a manual that NTA has distributed to its

press trainees and pressmen?

A. Yes.

Q. That’s a fairly detailed operating manual; is that

right?

A. Yes.

Q. It’s got some 70 pages; is that right?

A. Yes.

Q. And that particular manual describes in some

detail the workings of a -

A. Press.

Q. - Harris Web Press; is that right?

A. Yes.

Q. It’s a fairly complicated piece of machinery to

operate, isn’t that right?

A. Yes.

Q. It takes a long time to get skilled as to making a

good finished product; isn’t that correct?

A. Yes. It depends on the person’s ability.

Q. Sure, and some people don’t have the ability to

do it ever; is that right?

A. That’s correct.

Q. Now, with respect to the pre-press area, [p. 81]

there are — there’s a camera person, a stripper and a

plater basically; is that right? Those are the -

A. Those are the functions -

Q. Those are the positions. Thare [sic] are several

people, several strippers; is that right?

A. Yes.

Q. Those are distinct skills themselves; isn’t that

right?

A. Sure.

Q. A camera person learns his particular skill run-

ning the camera or going to an apprenticeship school; is

that right;

Or on the job.

Or on the job?

> © >

Uh-huh.

Q. But he doesn’t learn generally more than one

skill, he learns how to run the camera; is that right?

A. I would imagine, yes.

Q. And the strippers have a particular skill them-

selves, and that skill even varies with respect to what

kind of a press it is, what kind of procedure that - what

find of equipment you have and so forth; isn’t that right?

A. I wouldn’t think so. I think four-color [p. 82]

stripping is four-color stripping if you’re doing it for a

web press or if you’re doing it for a sheet-fed press. It’s

the same function.

Q. If you’re doing it for offset lithographic it’s dif-

ferent than if you’re doing it for some other king [sic] of a

printing method; isn’t that right?

A. I don’t think so.

Q. You don’t think so?

A. I don’t think so.

Q. In any case, you’re running basically four-color

offset -

A. Yes.

Q. - web press; is that right?

A. Yes.

Q. And performing the stripping function -

A. Yes.

Q. - is learned over a period of time or going

through an apprenticeship school; is that right?

A. Yes.

Q. And I suppose there are some people who can do

both camera work and stripping work, but generally

people do one or the other; isn’t that right?

A. Not in my plant. Everybody does everything.

They do stripping. They have the ability to shoot. They

do the plating. They have the ability to proof.

[p. 83] Q. So what you're saying is that in your

plant the strippers can do camera work; is that right?

A. Yes.

©. And can the plater do camera work?

A. Yes.

Q. So everybody in that particular group has some

interchange of skills; is that right?

A. Yes.

Q. And that’s through working together or prior

experience?

A. Right.

HEARING OFFICER: Excuse me. Can some-

body define for the record what the difference or distinc-

tion is between a “stripper” and a “plater,” so we

understand a little bit?

BY MR. McCLOW:

Q. Sure. Why don’t you describe - well, first of all,

the camera work is basically where they take the art work

and take a picture of it and make a negative or a postive

[sic]; is that right?

A. Yes.

Q. And in your shop they make a negative; is that

right?

A. Yes.

Q. And then that negative is taken to a [p. 84]

stripper who then lays that on a plate and focuses a light

on it; is that right?

A. No. The negative goes to the stripping depart-

ment. They then, if it’s four-color, then strip the color into

where it belongs.

Q. Now, when you say “strip the color into where it

belongs,” tell me what you mean by that.

A. Well, if you have this handbook and you want -

it’s black and white, that’s a negative laid on a plate and

printed, that’s black and white. The stripper, all it does is

tab it and it runs.

Four-color, if I wanted NTA Graphics in black,

these stripes in red, yellow, blue, they would take this,

lay it down with that negative, knock out each color

independently.

Q. Well, how would they do this, with a knife?

A. With maskings, with X-acto blade and maskings.

They then — they separate the colors. Okay, then now you

have four maskings to create, red, yellow, biue, black.

That then goes to the plating department to be plated,

and then you would have to - on my press you would

put it on four units and plate red, yellow, blue and black.

Q. In other words, stripping is called stripping out

the different colors basically, is that [p. 85] what they do?

A. Yes.

Q. And the plate maker — that’s where I was getting

confused I expect. Now how do they make the plate?

A. The plate maker takes the flats created from the

stripper, okay, the four sheets, lays them down indepen-

dently on a plate, burns the plate, develops the plate,

bends the plate, and then they give them to the press-

room.

Q. And that’s some sort of a photo-mechanical pro-

cess, to burn the plate?

A. Overhead light, right.

Q. And the plate is a sheet of metal, a very thin

sheet of metai, isn’t it?

A. It’s aluminum metal. Metal, yes.

HEARING OFFICER: Now I know. Thank you.

BY MR. McCLOW:

Q. All right. But each of those particular functions

are a separate skill, and some people have more than one

skill; is that right?

A. Yes.

Q. Now the plater after burning the plate, you say,

gives it to the pressroom. What she actually does, she

puts it in a cabinet in the pre-press area; [p. 86] is that

right?

A. Yes.

Q. And with that plate there is - is there any -

A. Paperwork.

Q. - paperwork?

A. Yes.

What is the paperwork?

A. The paperwork is the job ticket, the skid labels,

the bundle tags that the pressroom needs to —- you know,

if you have a pallet with 30,000 items on it and there’s

60,000 items for the run, you have two tags, each one of

them would have 30,000 on it, Tag 1 of 2, Tag 2 of 2.

Q. And that tag would go to the pallet at the end -

A. Right. As -

Q. - and the iogger would put the -

A. As the pressman fills up the press, when it hits

30,000 they put a tag in it and the material handler takes

it out, puts a new pallet down and they fill up a second

one.

Q. This paperwork also indicates, besides the press

run, the size of the paper; is that right?

A. Yes.

[p. 87] Q. And what generally happens is the mate-

rial handler brings that size of paper into the pressroom.

A. Yes.

Q. And he gets that information off this paper?

A. Job ticket also, right.

HEARING OFFICER: Who prepares the job

ticket again?

THE WITNESS: The composition department.

The job ticket has all the pertinent information. The skid

label is basically a repeat of the information. It doesn’t

say color, size and colors configuration, but it says web

size, web grade, where it’s going, how many pieces are

on the pallet, if it’s half full, three-quarters full, cut,

trimmed. It tells everything on the ticket.

BY MR. McCLOW:

Q. The composition employees fill out the job ticket

and attach that to the art work basically, which then goes

to the camera room?

A. Uh-huh. There’s an envelope created, job ticket,

job envelope. Inside that job envelope are five press runs

for the pressmen if we’re going to go five out; the ship-

ping department gets a copy of it; the plant super gets a

copy of it; pre-press gets a [p. 88] copy of it; plating gets a

copy of it. So everybody gets a copy. It goes to ihe

camera, and then as it — it gets dispensed from there.

Q. Okay. But the composition room doesn’t send

one to each department; the person in the composition

room puts it on the -

A. That’s only for the pressroom. The preparatory

department issues the pressroom press run. Caroline — or

the composition department goes ahead and issues two

stripping, two pre-press — well, it goes in with the pre-

press package, but two pre-press -

Q. I guess what I’m trying to say is that the compo-

sition room doesn’t have a direct — doesn’t take this job

ticket out to the pressroom.

A. Not to the pressroom, no.

Q. The job tickets goes into the pre-press area along

with -

A. The mechanicals.

Q. - the job, the mechanics, and then it’s attached to

the plates.

A. Right.

Q. And when the pressman comes in to pick up the

plate, that job ticket is there.

A. Correct.

Q. Then he knows how to run the job.

ip. 89] A. Right.

MR. McCLOW: Now, at this time I'd offer Peti-

tioner’s Exhibit 1 into evidence.

HEARING OFFICER: Any objections, Mr.

McCarthy?

MR. McCARTHY: No.

HEARING OFFICER: Hearing no objections,

Petitioner Exhibit No. 1 is now received into evidence as

Petitioner Exhibit 1.

(The document above-referred to, heretofore

marked Petitioner’s Exhibit No. 1 for identifica-

tion, was received in evidence.)

HEARING OFFICER: Excuse me a second. Mr.

McCarthy, do you want to enter your exhibits into evi-

dence at this time, or do you want to wait for any reason?

MR. McCARTHY: No, I might as well do it now.

I intended to wait, but as long as we are on the issue, yes,

I would move admission of Employer Exhibit 1 and

Employer Exhibit 2.

HEARING OFFICER: Okay. Any objections, Mr.

McClow?

MR. McCLOW: I don’t have any objections to

their admission other than I certainly don’t want [p. 90]

the fact that these are all on one sheet to indicate any

approval that they should be all one unit.

HEARING OFFICER: Okay. That’s the under-

standing then, and it’s clear that the fact that the

Employer submits an exhibit listing everybody it

employs, it doesn’t mean that you agree that should be

the whole unit, obviously.

Okay. I find that the witness has laid and estab-

lished a proper foundation, and Employer Exhibits Nos. 1

and Employer Exhibit No. 2 are hereby received into

evidence.

(The documents above-referred to, heretofore

marked Employer’s Exhibits Nos. 1 and 2 for

identification, were received into evidence.)

HEARING OFFICER: I believe the Board

Exhibits 1, 2 and 3 have been received into evidence, so if

they are not they are hereby received into evidence. Okay.

I believe we’ve covered everything except the

Joint Employer Exhibit, which is the diagram of the

Employer’s facility.

MR. McCLOW: Since it’s a Joint, | expect you

can just receive it into evidence.

[p. 91] MR. McCARTHY: Yes.

HEARING OFFICER: Okay. We might as well

receive Joint - Employer’s and Petitioner’s Joint Exhibit

No. 1 is also received into evidence at this time.

(The document above-referred to, heretofore

marked Employer’s and Petitioner’s Joint

Exhibit No. 1 for identification, was received in

evidence.)

BY MR. McCLOW:

Q. Now, I'd like you to look at Petitioner’s Exhibit

No. 1 and tell me if there are any similar manuals that are

given to the camera person.

A. No. Operating manual on the processors only.

Q. He’s given an operating manual for - with

respect to his particular camera?

A. I don’t know if there’s one on the camera itself,

just on the processors for the camera and the plate pro-

cessors in the department.

Q. So he gets a separate manual for things that are

relevant to his particular job; is that right?

A. Yes.

Q. And with respect to the strippers, are they [p. 92]

given any manual or - they don’t have any manual at all

about how to operate their job?

A. No.

Q. What about the plater, does she have a manual of

any kind?

A. Just on the equipment itself.

Q. What equipment would that be?

A. The light table and the plate processor, and the

Carlson bender.

Q. Those are things that -

A. It would be the same thing as the manufacturer

would give us, as Harris did on this.

Q. All right. But it would have to do with the speci-

fic job that she was doing, and the specific equipment she

was running; is that right?

A. The specific equipment, right.

HEARING OFFICER: Would that be akin to like

an owner’s manual, if you buy a TV a something?

THE WITNESS: That’s basically what this is.

HEARING OFFICER: Okay.

BY MR. McCLOW:

Q. This, Petitioner’s Exhibit No. 1, of course, is

much more in detail.

A. It tells you how to maintenance the press and

everything, yes, it goes right on through it, and [p. 93] the

other manuals for the pre-press, preparatory department

are similar.

Q. Okay. But they’re much smaller; is that right?

A. Yes, but the equipment is smaller.

Q. Yes. Much less complicated to operate those

pieces of equipment; is that right?

A. I would think.

Q. Now, the three truck drivers that are listed on

Exhibit No. 1, Company Exhibit No. 1, those are over-the-

road truck drivers?

A. Over-the-road in what respect? They go to

Detroit and they go to Cincinnati.

Q. Out of the plant, on the road?

A. Yeah. Okay.

Q. They don’t drive a truck within the confines of

the building or the premises, other than to back up to the

loading dock?

A. Correct.

Q. Now, with respect to the material handlers, they

drive, like we said, two different kinds of fork - or two

kinds of lift trucks, a forklift truck and a clamp truck; is

that right?

A. Yes.

Q. Are they given any on-the-job training?

[p. 94] A. Some of them have a license. Some of

them are taught on the job.

So you either hire people with a forklift license

or you train them on the job?

They’re trained, right.

Janitors, that’s an unskilled job; is that right?

Correct.

Now, with respect to the press mechanic, did

that person have any experience before he was hired, this

Richard Mossing?

He was a mechanic in a different type of press

operation, not printing newspapers. He was a machine

die — tool and die type person.

You’re talking about a metal press where they -

Right.

A stamping press or something.

Right.

And he learned his mechanical skills before he -

Came.

— came to you?

Uh-huh.

NTA. And he applied those skills to the [p. 95]

machines that are at NTA; is that right?

Yes.

Q. And I assume that the printing presses are run

on a variety of electrical and hydraulic systems; is that

right?

A. Correct.

Q. And those systems would be perhaps similar in

some ways to the -

A. To what he was using

Q. - experience he had before; is that right?

A. Right. For a period prior to my actual hiring of

Richard Mossing, he worked with National Newspaper

Machinery, Incorporated, and received his general over-

view of presses working with John Dean.

Q. He did that so that he could come to work for

you?

A. No. He worked for John Dean, and then when

John Dean left I hired him.

HEARING OFFICER: Who is John Dean?

THE WITNESS: John Dean is National News-

paper Machinery, Incorporated. he was the person that

for — up until December of this year did our mechanical

work, installation, electrical on the presses.

[p. 96] BY MR. McCLOW:

Q. Okay, let me see if I’ve got this straight.

John Dean was -

A. Outside contractor.

Q. - an outside contractor that worked on the

presses.

A. Right. He did the -

Q. And Mr. Mossing, the press mechanic, had

worked for a time with Mr. Dean when he was an outside

contractor.

A. Right.

Q. And Mr. Dean, did he quit or just -

A. He left.

Q. He left?

Uh-huh, my employment. Our agreement, it

Q. The contract you had with him terminated.

A. Right.

Q. And when that happened, Mr. Mossing was

hired as an employee?

A. Right.

Q. To do the same job he’d done as an outside

contractor?

A. Right.

Q. Now, going back to the composition room, or

[p. 97] going to the composition room, we have a dis-

patch/layout person.

A. Uh-huh.

Q. And you have a typesetter/layout person. Can

you just basically describe what a layout person does?

A. He - the layout typesetter, we’ll start with her. I

get the mechanicals on Monday night, we’re on this basis,

100

and it’s not a release mechanical, it doesn’t release until

Tuesday morning.

Tuesday morning comes, corrections come in.

Mr. Skwiera takes them, takes come on the flat, takes

them to the typesetter, she sets the type. She then inserts

the corrected type into the mechanicals and then goes to

the camera room.

Q. Okay. Let me try to see if I can make this so I can

understand it a little better.

You get a piece of art work or something from

the client, something that they want you to print for

them.

A. Right.

Q. And they may have some handwritten things on

it if they’ve got some -

A. It’s basically typeset.

Q. Is it typeset before it comes to you?

[p. 98] A. Yes. Mechanicals come to me.

Q. Okay.

HEARING OFFICER: This art work is called the

mechanical?

THE WITNESS: Right. Yes.

HEARING OFFICER: Okay.

BY MR. McCLOW:

Q. All right. So basically it’s typeset before it gets to

you; is that right?

PRS: ne

101

A. Right.

Q. And if there’s some corrections, that’s what your

typesetter does?

A. Corrects it.

Q. Okay. Now, where would this, these mechanicals

be typeset? I mean before they get to you?

A. They’re typeset in - Kroger Detroit typesets their

own; Cincinnati typesets their own; Erb Lumber typesets

their own; Great Scott is typeset at a Southfield Advertis-

ing Agency, as is Abner Wolf.

Q. Is that any connection with NTA?

A. That’s my brother. It’s not connected, a separate

business.

Q. All tight. So, in effect, what you have is, you

have two people in the composition room who take all

the typeset material and correct that.

[p. 99] A. Uh-huh, and page it.

Q. And page it.

A. Uh-huh.

Q. It’s already laid out basically then?

A. Right.

Q. By the time it gets there. In some instances all

you have to do is page it?

A. Some instances, yes.

HEARING OFFICER: What does “page it”

mean?

102

THE WITNESS: It’s various versions. If this

employee handbook was good for two companies, Page |

would have a “Page 1” on it and have a “1A.”

HEARING OFFICER: Okay. In other words, you

give it a designated page for each typeset -

THE WITNESS: Right. That information is also

on the job ticket because these versions, these things that

we print have up to 20 different versions on eight pages.

HEARING OFFICER: Okay. Thank you.

THE WITNESS: Not everything that comes to

me is released when I receive it.

BY MR. McCLOW:

Q. What do you mean, “released” when you receive

it?

A. Well, we do grocery work. Okay. Some [p. 100]

accounts come in ready for the press — go with it, run.

Other accounts want to see from the Dyluxe, from the

negative Dyluxe that’s made after the camera room, they

want to see - actually, it’s a press proof but not the

printed press. We want to see what we’re going to print.

They okay it, we go to press with it.

Q. Sometimes you get the mechanicals in and you

just go ahead and print them and then deliver them

without any more customer involvement; is that right?

A. Right.

©. Then other times a customer wants to see -

A. The majority of the time the customer wants to

see before I go to press. It varies by account.

~ PRP, Py

103

Q. But most of - do you do any business at all

where the mechanicals are not typeset before they get to

your plant?

A. We do minimal typesetting in our facility for

outside source.

Q. Now, when you do typesetting, is that done ona

computer?

A. Yes. It’s a computer typesetter.

Q. And it’s basically a keyboard setup?

A. Right.

Q. And if it’s wording or something, they'll type up

the wording, that’s basically all you can do [p. 101] there,

is that right, just -

A. Well, it’s typesetting, and then it gets put into a

computer, and the computer puts it into the processor,

and you put the film into the processor and you get the

printed -

Q. But mostly all you do is printed material?

A. Right.

Q. You don’t do any graphics?

A. We do limited typesetting for customers. If

someone wants a business card or someone wants an

invitation or a typeset menu, we do limited typesetting.

Q. But no graphics?

A. Graphics meaning?

Q. Pictures?

104

A. Not really, no.

Q. Okay. If you do a Kroger insert, there are going

to be pictures of carrots and vegetables and so forth; is

that right?

A. Yes.

Q. You don. -reate those images?

A. No.

Q. Those are already typeset or whatever before

they get there?

A. We have a master book of photographs, as they

do up there. They lay in a photograph with a [p. 102]

number on it, we pick the photograph out of the file and

put it in. But. we don’t draw or we don’t design it, no.

Q. I see.

[p. 103] Q Now, the people in the composition

room, the person who is a typesetter, Yvonne Sargent,

was she trained as a typesetter before she was hired?

A Yes.

Q And, the dispatch-layout person, was that person

hired or trained?

A 16 years experience when she came to me.

Q Now, you said that the - you’ve got two people in

maintenance who work as press mechani~s, Mossing and

Mulherin?

A Right.

Q They do some of their work in what's called the

maintenance and rebuilding area. Is that right?

RR SE RS cern

105

A Yes.

Q That’s where they rebuild presses for insertion

into your press line?

A They repair the counterveyors. They do press

rebuilding. They do repair - press repair in the back.

That’s where the machine shop is. That’s where the

inventory area is.

Q That’s where the tools are?

A That’s where their - well, yeah, basically, their -

Q Do they have hoists in there?

A Yes.

[p. 104] Q So, in order to do some of the repair, the

equipment has to be taken back there. Is that right?

A_ Yes, we’ve not taken any press units in the back

out of disconfiguration since they’ve been put in. We’ve

only added to this room.

Q All right, so, when you've rebuilt presses, you’ve

added rather than replaced. Is that what you're saying?

A Well, we started with an eight unit press here. We

put four on. We put four on. We put eight on, and, we put

four on.

Q But, you never took any one that was defective

out and put another one in?

A_ No, we sold a new printer that was on the end of

the 12 unit line that we hadn’t used in two years.

Q So, basically, what people are rebuilding with

respect to rebuilding units, and butlers, or whatever, is to

106

bring what you purchase into the rebuilding area, rebuild

it, and, then put it in the press room. Is that -

A Either in the press room or for sale.

Q So, some of the job duties of the people in the

maintenance category is to rebuild press units for sale to

other places. Is that right? Rather than for [p. 105] use in

the shop?

A Yes. We haven't sold anything yet, though.

Q That's part of your plan?

A That’s part of the plan.

Q And, you have things on sale that have been

rebuilt?

A We've had offers on equipment. We haven't gone

out for — to put it on the market.

Q But, you have pieces of equipment in the shop

that are not being used in the production of your product

that have been rebuilt?

A We have excess equipment, yes.

Q And, some of that you are intending to sell if you

get the right offer?

A Everything’s for sale.

Q That’s the purpose of this is what I’m saying.

A The initial purpose of the rebuilding area is to

rebuild equipment for us first, secondary for sale.

Q Now, you said the press operator responsible for

routine maintenance and light maintenance. Is that right?

107

A Yes.

Q If there is something beyond his ability, [p. 106]

since he’s not a mechanic, then he goes and gets a

mechanic. Is that right?

A Yes.

Q And, then, the mechanic comes into the press

room and tries to fix it there. Is that right?

A Yes.

Q_ The material handlers don’t load the paper in the

presses. They just bring it in the press room. Is that right?

A On ocassion, [sic] they load the roll.

Q And, that’s a process of putting a cylinder

through the paper roll - a metal cylinder?

A Yes, sir.

Q Would that be when you were busy - when the

press operator was busy?

A Yes.

Q That happens fairly infrequently. Is that right?

A_ I couldn't tell you. I’m not out there. I know that

it happens.

Q Now, we talked about this a little bit, in the

stripping department there are cabinets. Those cabinets

are marked according to presses. Is that right [Illegible] Is

there an indication on them?

A They’re marked by folder, yes.

108

[p. 107] Q So, a particular pressman would come in

and look in a particular place where his plates would be.

Is that right?

A_ Yes, they’re not supposed to take them out with-

out being — they’re not supposed to take something with-

out it being issued to them. There’s also a window over

that cabinet that they talk through.

Q So, there’s a window that they - when they want

to get the -

A When they want something.

Q - the plate. The go to the window.

A Uh-huh.

And, say, “I need a plate.” The plate is passed to

them. Is that right?

A Yes.

HEARING OFFICER: Who passes it to them?

THE WITNESS: The plate maker.

HEARING OFFICER: Which is in what depart-

ment, preperatory [sic]?

THE WITNESS: Preperatory, [sic] pre-press.

HEARING OFFICER: Pre-press, okay.

BY MR. MCGLOW [sic]:

Q Well, let’s just get the area where the window is,

then.

A This area here (indicating) that you have [p. 108]

labeled “plates”. It’s a large black cabinet with a large

109

window over the top of it just about the same size. There

is a telephone here also. In the beginning the telephone

was on the outside. They phoned in.

Q So, in the beginning, the contact was made - in

order to get the plates, they had to call into the pre-press?

A Right.

Q And, now, there is a window. They can - they go

up there and say, “I want a plate.”?

A I’m running folder 1B, right, give me my next

run.

Q_ The plate maker takes it and gives it to the press-

man. The pressman goes back to the press.

Yes.

Inside this area —

That’s a -

Oo > O >

Okay.

A That’s on an initial order. Now, like, if you come

in, you put those four plates on and you put two of them

on backwards. You come back up and reorder the plate.

The girl normally takes them out to the press.

Q Okay, we'll get to that in just a second.

[p. 109] A Okay.

Q Would the press operator - takes the plates, puts

it on the press, begins the run. Is that right?

A_ Right.

110

Q And, when he begins the run, one of the first

copies that comes out is supposed to be taken back -

A Yes.

Q - to the pre-press area. Is that right?

A Yes.

Q And, it’s generally taken back by a jogger. Is that

right?

A Yes.

Q The jogger is taking this stuff off the folder, he

takes one of the first ones out so that they -

A The press is not up to speed at that time. It’s the

first readable copy.

Q He takes the first readable copy, hands it across

the window to the plate maker, it’s proofed, and, if there

is something wrong with it, the people in the pre-press

area say, “Stop the presses.”.

A Right.

Q The pressman stops the presses, takes off the

plate, takes it back to the pre-press area.

[p. 110] A Well, the plates get disposed of. They just

— whatever the error was, a new plate would be gener-

ated.

Q A new plate’s generated, and, either the press-

man goes and pickes [sic] it up, or, the pre-press person

brings it to the pressman when it’s done. Is that right?

A Yes.

111

Q The only real contact between the pre-press area

and the press room is the delivery of plates back and

forth. Is that right?

A Unless there is a problem on the press, the regis-

tration is not right, something’s wrong, they come in and

try to work it out on the table and find out where the

problem is.

Q The pressman comes in and works on the tables?

A Uh-huh.

Q Now, are you aware of any signs in the pre-press

area that say something like, no press employees beyond

this point?

A Yep.

Q Is that right?

A Yeah.

Q There are two signs there. Aren’t there?

[p. 111] A. There are signs there.

Q So, the press operators are not supposed to go

into the pre-press area. Isn’t that right?

A They’re not supposed to, yes. It’s not to say that

they don’t. Those signs, by the way, are on the doors

leading into the front office, which is carpeted.

Q Isn’t there also a sign going into the pre-press

area? There’s two signs. Isn’t that right?

A They’re both on the same door leading into the

front office area.

112

HEARING OFFICER: And, were you aware that

the signs, now - Joint Exhibit Number 1, where - okay,

we're looking in the southern portion of the building.

And, we’re looking at where the pre-press, I think, what

does that say? C -

THE WITNESS: Computer.

HEARING OFFICER: - computers are located.

There’s like a open space, and, they’re in there. Is that

where that -

THE WITNESS: The diagram is in error in that

this entrance here (indicating) is enclosed to this wall.

This wall (indicating), there’s a double door here. (indi-

cating) There’s a double door here. (indicating) This is

where the signs in question are.

[p. 112] HEARING OFFICER: Okay.

THE WITNESS: On the direction to leave.

HEARING OFFICER: Okay, you say the door, a

couple of feet in from where the door is?

THE WITNESS: It’s eight foot in from that door.

HEARING OFFICER: Okay, eight feet in, we’re

going to draw that in there.

THE WITNESS: Okay.

HEARING OFFICER: A door drawn in in [sic]

ink with an arrow pointing to it from the south, that says,

“door”.

THE WITNESS: In this area here (indicating), in

the pre-press department on this door, there is also a sign,

no pressmen beyond that point.

113

HEARING OFFICER: And, that’s right at the

end of the place where it says, “computers”?

THE WITNESS: Right, this is all a tiled area

through here (indicating).

HEARING OFFICER: And, that’s a door into

the pre-press area. Is that right?

THE WITNSS: It’s the door from the compos-

ing area right into the pre-press door.

HEARING OFFICER: And, so, there are two

signs, one here (indicating) -

[p. 113] THE WITNESS: Two there.

HEARING OFFICER: Two, where it says,

“door”.

THE WITNESS: Uh-huh.

HEARING OFFICER: And, then, one -

THE WITNESS: Up here. (indicating)

HEARING OFFICER: - at the door between -

where it says, “computers”, going into the pre-press area

from west to east. Is that right?

THE WITNESS: Yes.

BY MR. MCGLOW [sic!:

Q In other words, it’s clear that pressmen, based on

the signs, are not to enter the pre-press or preperatory

[sic] area?

A They’re not to enter the front office area.

114

The front office area at all?

That’s right.

Period, from any direction, any way, right?

Uh-huh.

Okay.

> DO F&F DO PF A

They’re full of ink. I do the carpets once a month.

HEARING OFFICER: Oh, I see. Is that the ratio-

nal [sic] behind the reason, because of the inkyness of

their job?

THE WITNESS: That’s right, the condition of

[p. 114] their job.

BY. MR. MCGLOW [sic]:

Q Okay, and, that’s something that’s unique to the

pressmen. They’re the only ones that get the ink all over

them. Isn’t that right?

A The material handlers get dirty too, but, mostly,

the pressmen are exposed to it, yes.

Q And, the people in the pre-press are not exposed

to ink?

A Other than what the pressmen bring to them.

Q So, the pressmen, basically, are supposed to con-

fine themselves to the plate window, or - is that right?

A Yes, unless there is a problem.

Q Unless there is a problem, now, the pressmen

wear a uniform. Is that right?

> O - OD SP

separate locker rooms inside the pre-press area. Is that

right?

right here along this wall. (indicating)

where the indication of door is back towards the hallway

there. (indicating)

you know - this is sealed at this point. (indicating) There

is a double door here, a double door here. (indicating)

This is sealed. There is lockers in this area.

> DO > DO SP

115

Yes, uniforms and boots.

And, the pre-press people -

Civilian clothes. ;

Civilian clothes, is that right?

Yes.

At one point in time, the pre-press people had

The pre-press lockers are still, to date, [p. 115]

Okay, so that’s between on the south side of

No, there is a wall here (indicating), and, there is,

Why don’t you draw where it’s sealed then?

Okay.

The locker is on the south side of the -

South side of the pre-press department.

Okay.

Southwest corner. ;

HEARING OFFICER: Preperatory [sic]

employees have their lockers located in their area, work

area, right?

116

THE WITNESS: Yes.

HEARING OFFICER: Do the press room

employees have their lockers in any main area? They are

located in the locker room?

THE WITNESS: Uh-huh.

BY MR. MCGLOW [sic]:

Q Now, all employees, other than the office [p. 116]

employees, and the composition employees, and the pre-

press employees, they have locker rooms in the main

locker room. Is that right?

A Shipping and receiving, right, the material han-

dlers.

HEARING OFFICER: What about the pallet

makers?

THE WITNESS: Pallet maker.

HEARING OFFICER: He’s out there, too?

THE WITNESS: He’s out there, too.

BY MR. MCGLOW [sic]:

Q Now, the truck drivers have different uniforms

then —

A The shirt’s the only difference.

Q They have different color shirts than the press

room people. Is that right?

A Right. You asked earlier if the pre-press people

have an ocassion [sic] to go outside of their area. The

plates for the pre-press department are stored in a corner

by the employee door.

_ EE ——eEOO

Rie Soa =S%

117

As I say, this diagram is good for the purpose of

discussions.

Q I understand.

A Okay, there is a corner at this door where the pre-

press plates are stored, because they’re so [p. 117] large

ana so heavy.

Q So, they go out -

A They go out to this area. (indicating)

Q They go out to the area which is right by the

employee entrance?

A_ Right by their door, the other supplies are stored

in the back —- in the far northeast corner of the building.

HEARING OFFICER: You are pointing right

now, for the reader of this record, on Joint Exhibit 1, he’s

pointing to the maintenance rebuilding room, the wall

located in the northeast corner.

THE WITNESS: Right in this corner, is where

the inventory room has been placed. It used to be here

(indicating), future pre-press. It was moved out here

because of this.

BY MR. MCGLOW [sic]:

Q Because of - you're putting a scanner in the

future pre-press. Is that right?

A It’s been out there a good six months now.

Q And, the shipping and receiving people would

put the supplies there and retrieve the supplies. Is that

right?

118

A_ I have an inventory person who takes care of

that.

[p. 118] Q And, that is who?

A That’s Bob Mulherin, the secondary mechanic.

Q all right, so, Bob Mulherin, who you've got listed

in the maintenance department, he is responsible for

taking supplies -

A Keeping track.

Q - keeping track of the supplies, and storing sup-

plies, and bringing them out when they’re necessary?

A On ocassion [sic] - well, he delivers the plates

because of the size, but, other than that, he - pre-press

generally requisitions it, and, Chris would take care of

getting the supplies in the morning. Chris Callaghan,

which is in the pre-press department, he usually get’s his

own.

Q He would go back to the maintenance in the

rebuilding area?

A Back to the area, right, and brings the supplies

out.

Q Now, you said, I think, that the office employees

didn’t sit in the cafeteria, but, they’d go in and get their

pop, or coffee, or whatever. Is that right?

A Yes.

[p. 119] Q Does that aiso apply to the pre-press

people?

A No, pre-press people eat out their on ocassion.

[sic]

be '

PRIA Poe A> -

119

Q On ocassion [sic] they eat out there?

A There’s also a picnic table out front of the build-

ing for the summer that they all eat from. It’s a general

area, a Common area.

HEARING OFFICER: The front of your build-

ing is the southern portion, right, that’s the -

THE WITNESS: Yes.

HEARING OFFICER: Okay.

BY. MR. MCGLOW [sic]:

Q Now, you testified about the employee handbook

which is Company Exhibit Number 2. Is that right, or

Employer Exhibit Number 2?

A Yes.

Q And, you indicated that each employee was given

a copy of it? Is that right?

A Yes, that handbook was issued 5-29-87.

Q I’m going to get into that. As a matter of fact, that

was my next question.

When was this employee handbook distributed?

A_ It was issued 5-29-87.

[p. 120] Q And, you say it describes the rules gov-

erning the employees in the various departments that

we're dealing with today?

A Yes.

Q Did it change — did this handbook change any of

the rules that had been in effect prior to May 29th?

> O >

120

No, it just put it in black and white.

It sort of codified the rules that were in existence?

Yes.

Where there any prior documents, similar docu-

ments to this booklet that NTA had before May 29th?

No.

How long had this particular booklet been in

preparation?

Over seven months.

And, who was responsible for preparing it?

Myself, my father, out [sic] legal attorney.

And, what you were trying to do is just put into

writing what had been the unwritten rules of the com-

pany. Is that what you're saying?

Yes, in black and white as to what the employees

had repeatedly been asking.

The employees had asked for something like

[p. 121] this, and, you decided to put it in writing?

> O > O

Yes.

Have you got a copy of this in front of you?

Yes, I do.

Did you have this printed in your plant?

No, I didn’t.

I was going to say. somebody left out the page

numbers on it.

121

A_ It wasn’t intended tc have page numbers.

Q It makes it a little bit more difficult here, but,

we'll try to get through this.

A Okay.

Q On the page that has the disclaimer on it.

A Okay, the second page.

Q It’s got the disclaimer on the left hand side, and,

then, on the bottom of the right hand side, it says, “Your

supervisor”.

A Uh-huh.

Q Now, you have supervisors for the different

departments?

A We have people in control.

Q And, you call those people group leaders on this

Exhibit Number 1?

A Yes.

[p. 122] Q Now, in this particular paragraph, it says

about the supervisor, that, and this is a quote, “He has

responsibility and the authority to make important day to

day decisions in the department of his jurisdiction”.

A Uh-huh.

Q Now, are you talking about the group leaders

when you're talking in that particular sentence?

A Yeah.

Q And so, in this booklet, you call those group

leaders supervisors. Is that right?

122

Yes.

So, we have, in other words then, a group leader

or supervisor over shipping and receiving. Is that right?

A’ Randy Perdue.

Yes, and, we have the same type of a person,

group leader or supervisor, in the pre-press area. Is that

right?

> O > O

Yes, Beryl.

Beryl Grisier?

Yes.

Does Beryl also supervise the composition room?

. 123] A No.

Do you have a supervisor or group leader there?

No, it acts on my direction.

So, you’re the supervisor of that?

Uh-huh.

In the maintenance department, does Mr. Moss-

ing work pretty much by himself with Mr. Mulherin?

They act on my direction.

So, you’re the supervisor of the press mechanics.

Is that right?

Yes, they turn in daily sheets.

I see, so, you know when a new unit comes in,

because you brobably [sic] buy it, right?

123

A Uh-huh.

Q Then, you give it to them, and, you want to know

what’s going on?

A Right.

Q Who do the janitors report to?

A Mr. Skwiera or myself.

Q Now, Mr. Griener, who does he report to?

A He works with the - he works by himself.

Q So, he’s just making pallets until somebody tells

him to stop. Is that right?

OR SC IRAE U8 Leos hur a irish te: inten on

A That's right, he does about 90 a day.

[p. 124] MR. MCGLOW [sic]: Would anybody

mind if I took about a 15 or 20 minute break at this time?

HEARING OFFICER: Any objections, Mr.

McCarthy?

MR. MCGLOW [sic]: I've got to get something

in my stomach.

HEARING OFFICER: Hearing no objections,

we'll go off the record.

AN AE ER aig MoH toy:

(A short recess was taken.)

HEARING OFFICER: Back on the record.

Mr. McGlow [sic], you may proceed.

BY MR. MCGLOW [sic]:

Q I'd like you to continue looking at the handbook,

which is Employer’s Exhibit Number 2, on the next page

124

after the one we were looking at before, at the bottom left

hand corner there, the hours of work.

A Uh-huh.

Q It says in there, I’m going to paraphrase it and I'll

ask you if you agree with me, that NTA operates on a

wide range of various schedules, because of the varied

duties of the departments within NTA. Is that right?

A Yes.

Q And, it says each department sets it’s [sic] hours

as needed to meet work and deadline requirements.

[p. 125] Is that right?

A Yes.

Q It also says here that a supervisor will keep you

advised as to what hours you will work. Is that right?

A Yes.

Q Now, with respect to the, what we've been calling

the pre-press area, is the supervisor that you're referring

to in the handbook, Mr. Grisier, Beryl Grisier -

MR. MCCARTHY: I'll object to that question. |

think, actually, it was at the outset it was the Petitioner

that took the position that supervisory responsibilities, in

particular persons, were not an issue here today. I assume

that it was not an issue in my line of questioning, and, I

think it would be inappropriate, and, it’s irrelevant to this

proceeding at least as the issues were cast by the Peti-

tioner.

MR. MCGLOW [sic]: Well, I fully disagree, that

the reason I’m asking these questions is because one of

coe

;

125

the factors involved is separate supervision of separate

duties, separate schedules. Those are the factors that the

Board looks at. And, to that extent, I’m going to go into it

on this cross examination.

I’m certainly not making this record for a [p. 126]

challenge later on. We’ll make that record later.

MR. MCCARTHY: Well, I think if the question

is separate schedules, or whatever, we can ask about

schedules. I don’t know the need to talk about whether

the supervisor sets the schedule or not. That goes to a

supervisory issue, not the unit issue.

MR. MCGLOW [sic]: Okay, well, I'll ask some

questions, then. You can rule on the objection if you want

to.

HEARING OFFICER: Is it your position that

Mr. Grisier is a supervisor as defined in the act?

MR. MCGLOW [sic]: No, my position is

whether Mr. Grisier is the person referred to in the sen-

tence, “Your supervisor will keep you advised as to what

hours you will work.”.

HEARING OFFICER: Okay, because, I mean, if

the Parties want to raise a supervisory issue, we can

resolve that here at a hearing, too. But, if a -

MR. MCGLOW [sic]: Well, like I said before,

that issue doesn’t need to be decided here, if in fact,

certain units are not included - certain departments are

not included in the unit.

HEARING OFFICER: Uh-huh.

126

MR. MCGLOW [sic]: I’m just going into the

scheduling area that was brought out on direct examina-

tion about the [p. 127] various schedules in the various

departments. I’m going to go into that area. That’s what

I'm doing now.

HEARING OFFICER: Okay.

MR. MCGLOW [sic]: I have to talk about super-

visors tangentally [sic]. That’s all, or group leaders, or

whatever we want to call them. I'll call them group

leaders for the purposes of the proceeding. It doesn’t

matter to me, but, the handbook talks about supervisors.

And, I want to find out who sets the schedules for whom

and where they’re posted; if they’re posted in the same

area of the plant, different areas of the plant, and so forth.

HEARING OFFICER: Okay.

MR. MCGLOW [sic]: We're dealing with loca-

tion. We’re dealing with contact. We’re dealing with all

sorts of issues.

HEARING OFFICER: Keeping that in mind,

okay, I'll overrule the objection, and let - permit you to

persue [sic].

MR. MCGLOW [sic]: All right, I'll ask the ques-

tion in a different way.

BY MR. MCGLOW [sic]:

Q Is there a separate schedule that’s posted in the

pre-press area for pre-press employees?

A Yes.

127

And, is that prepared by a person who works in

|p. 128] the pre-press area?

A_ It’s prepared by him and reviewed by me.

Q Okay, prepared by Mr. Grisier and reviewed by

you? Is that right?

A Yes.

Q And, is that changed on a week to week basis?

A Yes, it is.

Q And, every week is posted. Is that right?

A Yes, it is.

Q And, that’s the way it’s been for a long time?

A Yes, it is.

Q Who sets the hours for the composition

employees?

A She sets her own based on -

Q When you talk about, she, you’re talking about?

A Caroline.

A Based on my telling her when the work will be

here.

Q And, is that set on a week to week basis?

A Every week varies.

Q Now, who establishes the schedules for the press

128

A Mr. Skwiera and myself

Q And, basically, you testified, | think, that you

were running two shifts at the present time.

[p. 129] A At the present time, yes.

Q And, I think you said you were running one eight

hour shift at the beginning of the week and then three 12

hour shifts?

Right.

For the next three days.

Right.

To make 44 hours.

Uh-huh.

Is that right?

> 0 F ODO FF O >

Yes.

Q And, then, you schedule overtime as necessary, if

there is any type of overtime necessary?

A Right.

Q And, if there is not overtime necessary, people

don’t work 44 hours?

A Right.

Q Now, prior to May 29th, you had a different

schedule for the prep room employees. Isn’t that right?

A Yes.

Q You were running three shifts. Is that right?

129

Yes.

Q And, those shifts were how many hours a day?

A Eight.

Q Eight hours a day, five days a week?

[p. 130] A Depending if there was work, normally,

Q Okay, it would be four hours -

A Four days a week.

Q - four days a week. And, if there was work, there

would be -

AA fifth day.

Q - a fifth day. So, generally, you were running

between 32 and 40 hours?

A Yes.

Q Now, that depended on the -

A_ Work flow.

Q - the work flow. Is that right?

A Yes.

Q Those eight hour schedules were consistent,

though, day to day. Isn’t that right?

A Yes.

Q Everybody came in at a certain time.

A Right, the only thing that fluctuated is if you

worked a Monday, or if you worked a Friday instead,

130

depending on what came in over the weekend. If we were

press-ready Sunday night, you went to work Sunday

night. If we weren’t press-ready until Monday midnight,

you didn’t go to work until Monday midnight.

Q All right, but, the first shift, or the day shift,

would work, basically, 8:00 to 4:30. Is that right?

[p. 131] A’ Yes.

12:30. Is that right?

A Yes.

Q And, the third shift would work 12:00 to 8:30. Is

that right?

A Yes.

Q And, that was a constant. The only thing that

changed was whether they worked the fifth day? Is that

right?

A Right.

Q As a general rule?

A As a general rule.

Q Now, the reason you went from a three shift

operation to a two shift operation was because, in early

June, 16 press employees were teminated [sic]. Is that

right?

A 16 people quit, yes.

HEARING OFFICER: The 16 people being

referred to are at issue in the unfair labor practice. The

Pst Dr or

« ni Ges wis vn ia) rN " i etn

131

reader of the record can characterize it as quit and/or

terminated. It’s — I don’t want to get into -

MR. MCGLOW [sic]: Don’t worry, we’re not

going to get into it.

HEARING OFFICER: Okay, I don’t want to get

into ULP motivation. I want to skirt that issue.

[p. 132] BY MR. MCGLOW [sic]:

Q Who sets the schedule for the pallet maker?

A Scott.

Q Scott Shaffer?

A Yes.

Well, doesn’t the pallet maker work five days a

Yes.

Q Doesn't he have a set schedule that’s always the

A Pretty much, if he’s needed out in the press room

instead of the pallets, that’s where he works.

HEARING OFFICER: The pallet maker, Paul

Griener, is he part of the maintenance department, or, is

he part of the press room department?

THE WITNESS: No, he’s part of the mainte-

nance department.

HEARING OFFICER: He’s part of the mainte-

nance department, but, he reports to Scott Shaffer as his

supervisor?

132

THE WITNESS: Yes.

HEARING OFFICER: Okay.

BY MR. MCGLOW [sic]:

Q Now, Scott Shaffer is the press room supervisor?

A Yes.

[p. 133] Q And, he, as the press room supervisor,

notes how many pallets are needed, right?

A Right.

Q And, Mr. Griener, basically, works on his own

building pallets. But, he comes in on eight hour shifts. Is

that right?

A Right.

Q They're day shifts. Is that right?

A Yes.

Q Mr. Mossing and Mr. Mulherin, do they work day

shift?

A Yes.

Q And, you have a janitor, basically, available

around the clock?

A Yes.

Q I'd like to turn in the handbook to disciplinary

procedures.

A Okay.

Q And, it’s the next page on the bottom of that, the

last paragraph of the disciplinary procedures, just before

the smoking section, okay?

133

Okay.

Got that?

> O >

Yes.

Q The employees in the various departments have

[p. 134] designated areas where they work. Is that right?

A Right.

Q And, it’s a according to this booklet, it’s a prohib-

ited for employees to be out of their designated work

area without sufficient cause. Is that right?

A Uh-huh.

Q And, also, it’s prohibited, for any employee other

than press room personnel to be around the presses. Is

that right?

A Yes.

Q And, later, on the same page, production areas, it

indicates the various areas for the various departments. Is

that right?

A Yes.

Q And, the typesetting department, is that what

you call the composition room?

A Yes.

Q Now, art department, is that also the composi-

tion?

A Yes.

134

Q And, the shipping and receiving department is

the area where the paper is stored and where the finished

product is stored, basically?

A Yes, shipping and receiving, basically, because of

the context of the people in there, they have facility to

[p. 135] go all over the plant.

Q Well, but, the area where they stay and, they

either get the supplies to take them into the various other

departments.

A They spend a lot of time in the press room.

Q They spend - the time they spend in the press

room is delivering paper -

A Or taking product out.

Q - or taking product out. The press - the shipping

and receiving people do not work on the presses, do

they?

A_ No, they don’t.

Q They are absolutely necessary for the press room,

because without paper, the presses ‘cannot run. Isn‘t that

right?

A Correct.

Q And, if they didn’t take out the finished product,

the presses couldn’t run, could they?

A Correct.

(Transcript continued on next page.)

135

[p. 136] BY MR. MCGLOW [sic]:

Q And, in that same paragraph under production -

production areas, it says there, “you are to stay in your

department, no one from any department other than

Department 000 is to go around the presses - ever!”, is

that right?

A Yeah.

Q In Department 000 of course is the lighting

department, is that right?

A Right.

Q Now, turn to the next page, and under shipping

and receiving, do you see that?

A Uh-huh.

Q Now, it says there, that any person hired, the

driver will be given a specific set of rules and regulations

that apply only to drivers. Then it says, “They will be

expected to follow these rules as well as those set out in

handbook - this handbook”, do the drivers have a speci-

fic set of rules and regulations?

A Just the ones issued by the Highway Department.

Q Do you have copies of those that you give to

drivers?

A_ I believe they’re in the shipping department, yes.

Q You give any specific rules or regulations to the

forklift and plant drivers?

A No, just the safety regulations.

136

[p. 137] Q And, are they separate from this book, or

are they -

A No, they’re in the book.

Q All right. And, look at the next column there is

some — there are some safety regulations that appear to

apply to the forklift -

A Uh-huh,

Q - and plant drivers, is that right?

A Yeah.

Q And, it says, “only authorized persons will oper-

ate the forklift (tow motor) and clamp.”, is that right?

A Yes.

Q And, the authorized persons are the people that

are designated material handlers?

A Yes.

Q On Exhibit No. 1, is that right?

A Yes.

Q And, then on the next page, now on the right

hand page, it says, under safety, it says, press and press

room, and then there is about that whole column, and

then the next page are the safety rules and regulations

applicable to the press room, is that right?

A Yes.

Q Can you tell me what a counterveyor person is,

you mentioned something about that earlier?

137

A_ That's a person that - that’s the driver. [p. 138]

Counterveyor person.

Q That's the driver?

A Yes.

Q Okay.

A Counterveyor is a wor

Q And, that’s item No. 10, it says, pressman and

counterveyor people, then it says “Are the only people

allowed past yellow line painted on floor, this area is off

limits to personnel from other departments, and to out-

side visitors.”, is that right?

A Yes.

Q Now, go back a couple of pages to the same page

where the safety for the pressroom is on the other page,

the left hand page.

A Okay.

Q Up atthe top it says, “Employees are not allowed

out of there [sic] designated work area without proper

cause or authorization”, is that right?

A Yes.

Q Basically, the - the pressroom has a - a separate

set of safety regulations in addition to those that apply to

all the departments, is that right?

A Yes.

Q And, that’s partly because the presses are some-

what dangerous when they’re running, is that right?

138

[p. 139] A Obviously, yes.

Q And, they’re hughe [sic] pieces of equipment that

are fairly -

A They’re complex -

Q - intricate and complicated and you don’t want

somebody to screw them up, isn’t that right?

A Yes.

Q And, they take a lot of training to learn how to

run these things?

A Yes.

Q And, somebody that doesn’t know how to run it

could do some damage, is that right?

A Quickly, yes.

Q Can you just tell me approximately what a four

unit — a four color press is worth or would cost?

A Four unit in the folder?

Q Yes.

A Oh, depending on the condition, anywhere from

35 to a 100 and a quarter.

Q 35,000 to -

A 125,000

Q - 125,000?

A Right.

Q There are no pieces of equipment in NTA that -

other than the presses that cost anywhere near that

amount of [p. 140] money, are there?

;

139

Scanning - scanning machine.

How much does a scanning machine cost?

$325,000.

Okay. And, that’s what your putting in, is that

~O > ODO >

right?

Uh-huh.

Oo >

You haven't gotten that in yet?

HEARING OFFICER: Where will the scanning

machine be placed?

THE WITNESS: In this future prepress room,

we bought it a year ago. Its [sic] been on the floor -

HEARING OFFICER: Okay, so, that would be -

this scanning machine would be used by preparatory

people?

THE WITNESS: Yes.

HEARING OFFICER: Okay.

BY MR. MCGLOW [sic]:

Q They would be people who have trained to run

that particular machine, is that right?

A Yes, they will.

Q And, will they need special training for that?

A Yes, they will.

Q Other than the scanner that you’ve - there [sic]

putting in there, is there any other pieces of equipment

that cost as much a single four unit press?

140

[p. 141] A Well, you got the tow motors that go out

at $12,000, you got semitractors that go out at $25,000 to

$30,000, I mean, I — you have the computer system in the

front of the building that’s worth a $115,000.

Q Okay. That’s not a mechanical piece of equip-

ment, that’s a electronic piece of equipment, is that right?

A Okay, yes.

Q Now, looking at Exhibit No. - or Employer's

Exhibit No. 1, that list obviously does not include the 16

employees who —- whose employment has been termi-

nated, and - early June, is that right?

A_ No, it doesn’t, nor does it reflect that the depart-

ments these people - these departments list had been

changed into the pressroom, the majority of them.

Q The - I'm sorry, I didn’t understand what you

just said.

A Most of these people that are in these depart-

ments have changed, functions into the pressroom due to

the lack of people.

Q All right. What you’re saying is that since the

first of June, some people in other departments -

A Are now in the pressroom.

Q - have been working in the pressroom because of

the loss of the 16 employees, that right?

A Yes.

[p. 142] Q Due to the - that the — necessity of the

situation?

141

A Yeah.

Q And, do the people like —- oh, let me talk about

Mr. Long on the exhibit - on Exhibit No. 1. Isn’t he the

person who drives a car or a van to make small deliv-

eries?

A Right. The times he’s not driving; he’s either

making pallets or cutting and trimming, or working in

the pressroom.

Q When he works in the pressroom he does the

unskilled jogger work?

A Unskilled jogger, right.

A He spends about 16 hours a week in the press-

room on a base 40.

Q That's now, right?

A That’s then to [sic].

Q And, that would be when some jogger didn’t

show up?

A Uh-huh.

Q The time that anybody - prior to June 1, 19 of this

year, the only time that somebody would - from another

department would work in the pressroom as a jogger,

would be when somebody didn’t show - when a sched-

uled person didn’t show up, or somebody’s on vacation?

A Yes, right.

[p. 143] Q And, since jogging is unskilled job, any-

body can do that -

142

Generally.

- for eight hours, or so?

Right.

To fill in, that right?

Right.

O > 0 &} OO

With respect to pay rates, you said maintenance

the pay rate was $4.50 to $10.00, is that right?

Yes.

You know who gets $4.50?

Be the gentleman mopping the floor.

The janitors make $4.50?

And, up.

Well, what’s the most a janitor makes?

A_ I think I have one that - $5.75.

Q Is that with a shift premium?

A No.

Q Do janitors get shift premiums?

A Yes, they do.

Is that the person who makes $5.75 the person

who’s been there the longest?

A Yes.

Q The - Mr. Mossing, how much does he make?

A $10.00.

a ng eg ei ie eR eRe Re OE cy

143

[p. 144] Q And, Mr. Mulherin, how much does he

make?

A_ I believe he’s at 6.

Q Mr. Mossing gets paid more because of his expe-

rience and expertise?

A Yes.

Q And, Mr. Mulherin, because he’s not as experi-

enced?

A Mr. Mulherin worked under John Dean for about

two months.

Q Oh, Mr. Mulherin came from Mr. Dean also?

A Yes.

Machinery Company?

A Yes.

Q Or National -

A National Newspaper Machinery.

Q_ So, basically what happened, with respect to your

press mechanics, is that you got both of them from the

independent contractor, who used to service the machine,

is that right?

A Uh-huh, yes.

Q And, the pallet maker you said makes $6.50 an

hour?

A I believe so, yeah.

144

Q In shipping and receiving, which of the

employees makes $4.90 an hour?

A_ I don’t know those individuals by rate. I -

|p. 145] Q Okay. Well, let’s talk about the material

handlers then, what is the rate for the material handlers,

what’s the range?

A $4.90 to $6 bucks, $6.50.

Q Okay, let’s talk about the drivers?

A Drivers are $5.50 to $6.25.

Q All right, let’s talk about Mr. Long, what does he

make?

A Cecil’s — I don’t remember if he’s at $4.50 or if

he’s at $4.90.

Q Okay, what about Mr. Perdue?

Randy’s just under $9.00.

He’s the highest paid person?

Yes.

In that department?

Right.

o* ©? © 2

Okay. In composition you said the range was

from $6.00 to $7.50, who makes the $6.00?

A Yvonne.

Q Yvonne Sargent makes $6.00?

A $6.05, yes.

145

Q And, Miss - Miss Hickman, how much does she

make?

A $7.50.

Q All right, in the prepress, how much does Mr. -

how much does Mr. Grisser [sic] make?

[p. 146] A $7.70.

Q $7.70?

Uh-huh.

How much does Mr. Smothers make?

$8.75.

Mr. Carter?

$9.25.

Chris Callahan?

$8.00.

Pat Mossing?

$9.50.

Dorsey Doyle?

She’s in the front, out of range.

And, a Paul Mullins?

$7.50.

And, Dan Etue?

$8.25.

> DO F&F ODO F&F DOF HF ODO FO FF DO PP

146

Q Now, is this based upon - or - is the differences

in these figures based upon there [sic] experience and the

time with the company?

A There [sic] background and there [sic] experience.

Most of these people been with me three years.

Q Now, is there any difference in the rate of pay

between a camera person, and a stripper? I mean in the

terms of skill level and -

[p. 147] A No.

Q - and rate of pay?

A No, well -

Q You would pay -

A - Beryl is at $7.50 and you have a parttime cam-

era man at $8 — $8.25, so -

Q A person with similar experience, you would pay

similar amounts of money?

A Uh-huh.

Q_ Well - whether he’s a camera man or a stripper, is

that right?

A Right.

Q All right, let’s go to the pressroom. You said it

went from $3.85 to $9.00, is that right?

A Uh-huh.

Q How much does Mr. Hollis Shaffer make?

A Hollis is at $9.50.

SS ee Pree? ee shy PS . .

THN SLEEPS LITRE G ALOMAR TE SIG LSM BEL ANE 5A lr err Da ae ae

147

HEARING OFFICER: Mr. Shaffer - Hollis Shaf-

fer, okay, I’m sorry. I thought it was Scott Shaffer. Scott

Shaffer has been stipulated by the parties in Board

Exhibit 2, to be a supervisor, not eligible to vote.

MR. MCGLOW [sic]: That’s why I skipped -

HEARING OFFICER: Okay. Thanks a lot, I - I

was -—

BY MR. MCGLOW [sic]:

Q Mr. John Jackson, you know how much he

makes?

[p. 148] A I think he’s in the $7.00 range. The next

two are $3.85.

A Okay. Let me talk a minute about Mr. Jackson.

Did Mr. Jackson do quality control work?

A Yes.

Q And, wasn’t that what he was doing before June

1, of this year? 5

A_ Yes, he was also helping on the press before June

But, his main job is quality control?

Right.

And, he’s spent a lot of his time in the -

> O - O

Pressroom.

Q - in the pressroom, in the press office as well, is

that right?

148

A More time in the pressroom than in the office.

Q But, he was one of the two people that could use

the office on a regular basis?

A Oh, yeah, all the pressmen could use the office.

Q But, they couldn’t stay there when the presses

were running, could they?

A Not really.

Q But, Mr. Jackson kept his records on quality con-

trol in the office, is that right?

A No, it was just outside the office, his area of

working is — there’s tables set up at the end of 3A, 3B, in

[p. 149] main pressroom. There’s a viewing booth, and

that’s where all the store copies, office copies, samples

were put.

Who did the quality control at this point?

Mr. Skwiera.

Did he do that before to [sic]?

> 0D > 0

Yes.

Q And, is Mr. Jackson making the same as a quality

control person?

A Yes.

Q Mr. Clark and Mr. Davis you say at $3.85?

A Yes, the next three, I believe, are at $3.85 also

Q Mr. Kollman, Mr. Jones, and Mr. Roberts are at

$3.85?

149

Right.

Mr. Miller?

He’s at $4.15, maybe $4.40.

Now, are you including fifth shift or -

Yeah.

So, the $4.40 would be $4.15 plus the shift?

Yes.

HEARING OFFICER: What is the shift differen-

tial, what's the -

> DO > OH F&F} OD >

THE WITNESS: Midnight is 25 cents, after-

noons is 15 cents.

HEARING OFFICER: Okay.

[p. 150] BY MR. MCGLOW [sic]:

Mr. Rogers?

I believe he was at $4.00.

Does he jog as well?

Yes.

Mr. Boursaw?

I believe he’s at $4.15.

Mr. Dixon?

$8.00.

Mr. Wilhelm?

Maybe $5.50.

> OF OF DH F&F O FF O

150

Q Do you put - have Mr. Dixon’s [sic] as a parttime

pressman, is that because he’s got -

A Another job.

Q - another job?

A He works two nights a week.

And, was he a trained pressman when you hired

him, is that right?

A_ Yes. He is a pressman now with another plant. He

works for a sheet fed pressman. Prior to that he was a

web pressman.

Q He running your web press parttime?

A Uh-huh.

HEARING OFFICER: That’s web or wet?

THE WITNESS: Web. W-e-b.

HEARING OFFICER: So, they - when you got

the rollers of paper, that’s web pressing?

THE WITNESS: Yes.

HEARING OFFICER: And, sheet pressing is

you get sheets of paper. Okay, I though it was wet, I’m

sorry.

THE WITNESS: Nothing wet about it except it -

HEARING OFFICER: Yeah, I was wondering

why, I thought you said wet pressing, it would be well,

must mean something maybe historically, so that’s why |

asked.

151

Okay. I’m sorry I interrupted.

BY MR. MCGLOW [sic]:

Mr. Ruckreigle?

I think he’s around $6.80, maybe $7.00.

How long has he been with you?

Going on three years.

So, was he a pressman before he came?

He came with experience, yes.

Mr. Rogers?

Maybe $5.00 within a quarter.

Mr. Nagel?

About $7.00 and a quarter.

Mr. Michael Mossing?

About $7.20.

Mr. Danford?

$7.20.

[p. 152] Q Mr. Cortez?

A $5.50 maybe.

Q And, Mr. Brewer?

A $7.20.

Q I think you said under Direct Examination, that

the pay day provisions of the handbook applied to all

departments, is that right?

152

A Uh-huh.

Q It says in the - in the handbook, at that point and

time that shift supervisors will distribute the checks on

the respective shifts, is that’s [sic] how it’s done?

A Scott hands out his, Mr. Skwiera usually hands

out morning shifts for midnights and day side.

Q And, what about - who hands out shipping and

receiving checks?

A Mr. Skwiera would be doing that, maybe Randy

does, I'd have to check.

Q Now, how about the - who hands out the pre-

press checks?

A _ I believe Beryl hands them out. Mr. Skwiera

might do that also, I'm not sure.

Q And, Mr. Scott here, hands out the checks to the

pressroom?

A Uh-huh.

MR. MCGLOW [sic]: Let me just take a couple

of minutes [p. 153] rather than stay on the record here, to

review my notes.

HEARING OFFICER: Okay. Off the record.

(A short recess wa

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