Standard Register Co.

346 NLRB No. 56 NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Ex- ecutive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes. Standard Register Company and Graphic Communi- cations Conference/International Brotherhood of Teamsters, Local 582–M, CLC. Case 5–CA– 32798 February 28, 2006 DECISION AND ORDER BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN AND SCHAUMBER This is a refusal-to-bargain case in which the Respon- dent is contesting the Union’s certification as bargaining representative in the underlying representation proceed- ing. Pursuant to a charge filed on December 7, 2005, the Acting General Counsel issued the complaint on Decem- ber 21, 2005, alleging that the Respondent has violated Section 8(a)(1) and (5) of the Act by refusing the Un- ion’s request to bargain following the Union’s certifica- tion in Case 5–RC–15868. (Official notice is taken of the “record” in the representation proceeding as defined in the Board’s Rules and Regulations, Secs. 102.68 and 102.69(g); Frontier Hotel, 265 NLRB 343 (1982).) The Respondent filed an answer admitting in part and deny- ing in part the allegations in the complaint.1 On January 9, 2006, the General Counsel filed a Mo- tion for Summary Judgment. On January 12, 2006, the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Respondent filed a response. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Ruling on Motion for Summary Judgment The Respondent admits its refusal to bargain, but con- tends that the Union’s certification is invalid because the Board erred in overruling its objections to the election in the representation proceeding. All representation issues raised by the Respondent were or could have been litigated in the prior representa- tion proceeding. The Respondent does not offer to ad- duce at a hearing any newly discovered and previously unavailable evidence, nor does it allege any special cir- cumstances that would require the Board to reexamine the decision made in the representation proceeding. We therefore find that the Respondent has not raised any representation issue that is properly litigable in this un- 1 The Respondent’s answer denies knowledge or information suffi- cient to form a belief concerning the complaint allegation that the charge was filed on December 7, 2005. The answer, however, admits that the Respondent received a copy of the charge on December 8, 2005. Further, copies of the charge and the certificate of service are included in the documents supporting the General Counsel’s motion, showing the filing date as alleged, and the Respondent does not contest the authenticity of these documents. fair labor practice proceeding. See Pittsburgh Plate Glass Co. v. NLRB, 313 U.S. 146, 162 (1941). Accord- ingly, we grant the General Counsel’s Motion for Sum- mary Judgment.2 On the entire record, the Board makes the following FINDINGS OF FACT I. JURISDICTION At all material times, the Respondent, an Ohio corpo- ration with an office and place of business in Salisbury, Maryland, has been engaged in the business of printing forms and booklets. During the 12-month period preceding issuance of the complaint, the Respondent, in conducting its business operations described above, purchased and received at its Salisbury, Maryland facility, products, goods, and mate- rials valued in excess of $50,000 directly from points located outside the State of Maryland. We find that the Respondent is an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act, and that Graphic Communications Con- ference/International Brotherhood of Teamsters, Local 582–M, CLC (the Union) is a labor organization within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES A. The Certification Following the election held June 10, 2005, the Union was certified on November 17, 2005, as the exclusive collective-bargaining representative of the employees in the following appropriate unit: All full-time and regular part-time production and maintenance employees employed by the Employer at its Salisbury, Maryland facility including press room employees, collators, raw material handlers, finished goods material handlers, pre-press employees, mainte- nance employees, press production helpers, collating helpers, special machine operators, shipping and re- ceiving employees, general custodians, warehouse em- ployees and forklift operator employees; but excluding all office clerical employees, professional employees, managerial employees, guards and supervisors as de- fined in the Act. The Union continues to be the exclusive representative un- der Section 9(a) of the Act. B. Refusal to Bargain On about November 29, 2005, the Union, by letter, re- quested that the Respondent bargain collectively with it as the exclusive collective-bargaining representative of the certified unit. Since about November 29, 2005, the Respondent has failed and refused to recognize and bar- gain with the Union. 2 Consequently, we deny the Respondent’s request that a hearing be scheduled in this proceeding. DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 CONCLUSION OF LAW By failing and refusing since November 29, 2005, to bargain with the Union as the exclusive collective- bargaining representative of employees in the appropriate unit, the Respondent has engaged in unfair labor prac- tices affecting commerce within the meaning of Section 8(a)(1) and (5) and Section 2(6) and (7) of the Act. REMEDY Having found that the Respondent has violated Section 8(a)(1) and (5) of the Act, we shall order it to cease and desist, to bargain on request with the Union and, if an understanding is reached, to embody the understanding in a signed agreement. To ensure that the employees are accorded the services of their selected bargaining agent for the period provided by law, we shall construe the initial period of the certifi- cation as beginning the date the Respondent begins to bargain in good faith with the Union. Mar-Jac Poultry Co., 136 NLRB 785 (1962); Lamar Hotel, 140 NLRB 226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert. denied 379 U.S. 817 (1964); Burnett Construction Co., 149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th Cir. 1965). ORDER The National Labor Relations Board orders that the Respondent, Standard Register Company, Salisbury, Maryland, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Refusing to bargain with Graphic Communications Conference/International Brotherhood of Teamsters, Lo- cal 582–M, CLC, as the exclusive bargaining representa- tive of the employees in the bargaining unit. (b) In any like or related manner interfering with, re- straining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act. (a) On request, bargain with the Union as the exclu- sive representative of the employees in the following appropriate unit on terms and conditions of employment and, if an understanding is reached, embody the under- standing in a signed agreement: All full-time and regular part-time production and maintenance employees employed by the Employer at its Salisbury, Maryland facility including press room employees, collators, raw material handlers, finished goods material handlers, pre-press employees, mainte- nance employees, press production helpers, collating helpers, special machine operators, shipping and re- ceiving employees, general custodians, warehouse em- ployees and forklift operator employees; but excluding all office clerical employees, professional employees, managerial employees, guards and supervisors as de- fined in the Act. (b) Within 14 days after service by the Region, post at its facility in Salisbury, Maryland, copies of the attached notice marked “Appendix.”3 Copies of the notice, on forms provided by the Regional Director for Region 5, after being signed by the Respondent’s authorized repre- sentative, shall be posted by the Respondent and main- tained for 60 consecutive days in conspicuous places, including all places where notices to employees are cus- tomarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. In the event that, during the pendency of these proceedings, the Re- spondent has gone out of business or closed the facility involved in these proceedings, the Respondent shall du- plicate and mail, at its own expense, a copy of the notice to all current employees and former employees employed by the Respondent at any time since November 29, 2005. (c) Within 21 days after service by the Region, file with the Regional Director a sworn certification of a re- sponsible official on a form provided by the Region at- testing to the steps that the Respondent has taken to comply. Dated, Washington, D.C. February 28, 2006 Robert J. Battista, Chairman Wilma B. Liebman, Member Peter C. Schaumber Member (SEAL) NATIONAL LABOR RELATIONS BOARD APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board has found that we vio- lated Federal labor law and has ordered us to post and obey this notice. FEDERAL LAW GIVES YOU THE RIGHT TO 3 If this Order is enforced by a Judgment of the United States Court of Appeals, the words in the notice reading “Posted by Order of the National Labor Relations Board” shall read “Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.” STANDARD REGISTER CO. 3 Form, join, or assist a union Choose representatives to bargain with us on your behalf Act together with other employees for your bene- fit and protection Choose not to engage in any of these protected activities. WE WILL NOT refuse to bargain with Graphic Commu- nications Conference/International Brotherhood of Teamsters, Local 582–M, CLC, as the exclusive bargain- ing representative of the employees in the bargaining unit. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights guaranteed you by Section 7 of the Act. WE WILL NOT, on request, bargain with the Union and put in writing and sign any agreement reached on terms and conditions of employment for our employees in the bargaining unit: All full-time and regular part-time production and maintenance employees employed by us at our Salis- bury, Maryland facility including press room employ- ees, collators, raw material handlers, finished goods material handlers, pre-press employees, maintenance employees, press production helpers, collating helpers, special machine operators, shipping and receiving em- ployees, general custodians, warehouse employees and forklift operator employees; but excluding all office clerical employees, professional employees, managerial employees, guards and supervisors as defined in the Act. STANDARD REGISTER COMPANY