S. Austin Bicking Paper Mfg. Co.

In the Matter of S. AUSTIN BICKIN G PAPER MFG. Co. and UNITED PAPER, NOVELTY & Toy WORKERS INTERNATIONAL UNION, C. I. O. Case No.'C-2100.Decided March 5, 1942 Jurisdiction : paper products manufacturing industry. Settlement : stipulation providing for compliance with the Act ' Remedial Orders : entered on stipulation. Mr. Robert H. Kleeb, and Mr. Eugene M. Purver, for the Board. Mr. Thomas C. Gawthrop, of West Chester , Pa., for the respondent. Mr. Charles Bridgewater , of Philadelphia , Pa., for the Union. Miss Melvern R . Krelow, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Paper, Novelty & Toy Workers International Union, C. I. 0., herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadel- phia, Pennsylvania) issued its complaint dated December 19, 1941, against S. Austin Bicking Paper Mfg. Co., Downingtown, Pennsyl- vania, herein called the respondent,\alleging that the respondent had engaged in and, was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (2) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint, accompanied by notice of hearing, were duly served upon the respondent, the Union, and'Bicking's Employee's Association,, herein called the Association, a labor organization alleged in the complaint to be dominated and supported by the respondent. Concerning the unfair labor practices, the complaint alleged, in substance, that the respondent (1)' in or about May 1941 instigated and assisted in the formation of the Association; solicited member- ship for the Association; paid certain employees for the time they spent at an Association meeting for the purposes of organizing; 39 N. L. R B.. No. 82. 460 S. AUSTIN BICKING PAPER MFG . Co. 461 and assisted , dominated , contributed to the support of, and inter- fered with the administration of said Association ; (2) authorized, instigated, and acquiesced in (a) inquiries, statements , and conversa- tions by certain persons, and more particularly by Frederick Bicking, John Moore, Al Walton , Clinton Law, and Charles Mikle, for the purpose of discouraging membership in and activity among its em- ployees on behalf of the Union ; (b) threats , assaults, and the abduc- tion of certain organizers of the Union , through Al Walton, Sam Anderson, Charles Mikle, and Phil Kennedy, for the purpose of discouraging membership in and activity on behalf of the Union; and (3 ) by the foregoing acts, interfered with, restrained , and coerced its employees in the exercise of the ' rights guaranteed in` Section 7 of the Act. On January 5, 1942, the respondent filed an answer to the com- plaint which denied that the respondent had engaged in the alleged unfair labor practices and set forth certain affirmative defenses. Pursuant to notice a hearing was held on January 29 and 30, February 2 and 3, 1942, at Coatesville , Pennsylvania , before Tilford E. Dudley, the Trial Examiner duly designated by the Chief Trial Examiner. The Board, the respondent, and the Union were repre- sented and participated in the hearing . The Association did not appear at the hearing. Thereafter, the respondent , the Union, and counsel for the Board entered into a stipulation dated February 5, 1942, in settlement of the case, subject to the approval of the Board. This stipulation provides as follows : STIPULATION WHEREAS a charge and an amended charge were duly filed by the United Paper, Novelty & Toy Workers International Union, C. I. 0., and the National Labor Relations Board, by the Re- gional Director of the Fourth Region, issued its complaint dated the 19th day of December, 1941, WHEREAS the complaint , accompanied by a notice of hearing, was duly served upon S. Austin Bicking Paper Mfg. Co., alleg- ing that S. Austin Bicking Paper Mfg. Co,. had engaged in un- fair labor practices' affecting commerce within the meaning of Section 8, Subsections ( 1) and (2), and Section 2, Subsections (6) and (7), of the National Labor Relations Act, and said complaint also having been served upon Bicking 's Employee's Association, WHEREAS, pursuant to due notice , a hearing was conducted by Tilford E. Dudley, Trial Examiner duly designated by the National Labor Relations Board, at Coatesville , Pennsylvania, 462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD on January 29 and 30, February 2T and concluded on February 3, 1942, during which time S. Austin Bicking Paper Mfg. Co.; United Paper, Novelty & Toy Workers International Union, C. I. 0.; and the National Labor Relations Board were repre- sented and participated in the hearing (Bicking's Employee's Association did not appear and did not participate), and WHEREAS S. Austin Bicking Paper Mfg. Co., although not -admitting any of the unfair labor practice charges against it, and the other parties hereto desire to dispense with further pro- ceedings upon said complaint and to dispose of all issues created by said complaint, - Now, therefore, it is hereby stipulated and agreed by and be- tween S. Austin Bicking Paper Mfg. Co., by Thomas C. Gaw- throp, Attorney ; Robert H. Kleeb and Eugene M. Purver, At- torneys for the National Labor Relations Board, and United Paper, Novelty & Toy Workers International Union, C. I. 0., that : 1. This Stipulation, together with the National Labor Rela- tions Board's exhibits admitted in evidence at the hearing on January 29, 1942, to wit, the Complaint containing Notice of Hearing, the amended charge, the Rules and Regulations of the National Labor Relations Board, with proof of service thereof; the designation of the Trial Examiner; and the Stipulation on the interstate commerce features of the business of S. Austin Bicking Paper Mfg. Co., shall constitute the record in this proceeding. 2. The parties hereto waive their rights to a further hearing of the proceedings by or before the National Labor Relations Board and waive their rights to the making of findings of fact and conclusions of law by the National Labor Relations Board. 3. United Paper, Novelty & Toy Workers International Union, C. I. 0., and Bicking's Employees' Association are labor organi- zations within the meaning of Section 2, Subsection '(5) of the National Labor Relations Act. 4. An order, substantially in the following form, may be entered by the National Labor Relations Board: ORDER S. Austin Bicking Paper Mfg..Co., its officers, agents, suc- cessors, and assigns, shall : 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise, of their rights to self-organization, to form, join, or, assist labor organizations, to bargain collectively S. AUSTIN BICKING PAPER MFG. CO. 463 through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following, affirmative action in order to effectuate the purposes of the National Labor Relations Act : (a) Inform its supervisory employees, agents and representa- tives that they shall not threaten employees in any manner because of their membership in United Paper, Novelty & Toy Workers International Union, C. I. 0., or any other labor organization ; (b) Post immediately in conspicuous places in its plant, and maintain posted for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating : (1) that S. Austin Bicking Paper Mfg. Co. will not engage in the conduct from which it is ordered to cease and desist in paragraph 1 (a) of this Order; (2) that S. Austin Bicking Paper Mfg. Co. will take the affirmative action set forth in paragraph 2 (a) of this Order; (c) Notify the Regional Director for the Fourth Region, in writing, within ten (10) days from the date of this Order the manner and form in which S. Austin Bicking Paper Mfg. Co. has complied with the provisions of this Order. AND IT IS FURTHER ORDERED that the complaint be, and it hereby is, dismissed insofar as it alleges violation of Section 8, Subsection (2) of the National Labor Relations Act. 5. Upon application by the National Labor Relations Board, without further notice to the parties, the United States Circuit Court of Appeals for the Third Circuit, or any other appropriate court as provided for in Section 10 (c) of the National Labor Relations Act, may enter a decree embodying substantially the above Order of the National Labor Relations Board, and the parties hereto expressly waive their right to contest the entry of such decree and further expressly waive any right to receive notice of the filing by the National Labor Relations Board of an application for the entry,of such a decree. 6. The entire agreement between the parties is contained within the terms of this Stipulation and, there is no verbal agreement of any kind which varies, alters, or adds to this Stipulation. 7. This Stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon the granting of such approval. On February 16, 1942, the Board issued its Order approving the above stipulation, making it a part of the record in the case, and 4 4 810 5 -4 2-vol.'3 9- 31 464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the proceeding to the Board for ' the purpose of entry of a decision and order by the Board pursuant to the provisions of the stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following: , FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT S. Austin Bicking Paper Mfg. Co., a Pennsylvania corporation, hav- ing its principal office and place of business in Downingtown , Pennsyl- vania, is engaged in the manufacture , sale, and distribution of paper board and other paper products . During 1940 the respondent pur- chased raw materials valued at $216,000, 30 percent of which were shipped to it from points outside the Commonwealth of Pennsylvania. During the same period the respondent manufactured finished prod- ucts, the sales for which amounted to $700,000, of which approxi- mately 50 percent were shipped by it to points outside the Common- wealth of Pennsylvania. The respondent admits that it is engaged in commerce within the meaning of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact; the stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that S. Austin Bicking Paper Mfg. Co., Downingtown, Pennsylvania, its officers, agents, successors , and assigns, shall: 1. Cease and desist from : (a) In any manner interfering with, restraining , or coercing its employees in the exercise of their rights to self-organization , to form, join, or assist labor organizations , to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action in order to effectuate the purposes of the, National Labor Relations Act : (a) Inform its supervisory employees , agents and representatives that they shall not threaten employees in any manner because of their S. AUSTIN BICKING PAPER MFG. CO . 465 membership in United Paper, Novelty & Toy Workers International Union, C. I. 0., or any other labor organization; (b) Post immediately in conspicuous places in its plant, and main- tain posted for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating: (1) that S. Austin Bicking Paper Mfg. Co. will not' engage in the conduct from which it is ordered to cease and desist in paragraph 1 (a) of this Order; (2) that S. Austin Bicking Paper Mfg. Co. will take the affirmative action set forth in paragraph 2 (a) of this Order; (c) Notify the Regional Director for the Fourth Region, in writ- ing, within ten (10) days from the date of this Order the manner and form in which S. Austin Bicking Paper Mfg. Co. has complied with the provisions of this Order. AND IT IS FURTHER ORDERED that the complaint be, and it hereby is, dismissed insofar as it alleges violation-of Section 8, Subsection (2) of the National Labor Relations Act.