J. J. Collins Sons, Inc.

J. J. COLLINS SONS, INC. 545 IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondent set forth in section III, above , occurring in connection with the operations of the Lummus Company and as described in see- ,tion I, above, have a close , intimate, and substantial relation to trade, traffic, and commerce among the several States , and tend to lead to labor disputes burdening and obstructing commerce and the free flow thereof. V. THE REMEDY Having found that the Respondent Local 80 on and after about March 15, 1961, engaged in certain unfair labor practices violative of Section 8(b)(2) and 1(A) of the Act, it will be recommended that the Respondent Local 80 cease and desist therefrom and take certain affirmative action to effectuate the policies of the Act. Having found that the Respondent discriminatorily refused to place the names of James Kivlin and John Kivlin on its out-of-work lists from which it makes referral of applicants to employment with the above-mentioned Delaware Mechanical Con- tractors Association and the Respondent Lummus on and after about March 15, 1961, I shall further recommend that the Respondent be required to place James Kivlin's and John Kivlin's names on said lists and to refer them to employment from them without discrimination, and that Respondent shall make them whole for any loss of earnings suffered by them as a result of its unlawful conduct by payment to them of a sum of money equal to the amount they would normally have earned as wages absent the discrimination against them from on or about March 15, 1961, until such time as their names have been placed on the out-of-work lists and they are referred to available employment from them. Loss of earnings shall be com- puted on a quarterly basis in the manner established by the Board in F. W. Wool- worth Co., 90 NLRB 289. Because the General Counsel does not contend that the Respondent maintained any unlawful referral contract or arrangement or committed any misconduct except that involving the Kivlins, I see no necessity for remedial action broader than that above recommended. CONCLUSIONS OF LAW 1. Local 80, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada AFL-CIO, is a labor organization within the meaning of Section 2 (5) of the Act. 2. Lummus Company is an employer engaged in commerce within the meaning .of Section 2(2) of the Act and is engaged in commerce within the meaning of Section 2 ( 6) and (7) of the Act. 3. By refusing to place James Kivlin 's and John Kivlin's names on or about March 15, 1961, and thereafter , on its out-of-work lists and by failing to refer then-, thereafter for employment with the aforementioned firms the Respondent Local 80 caused Lummus Company to discriminate against James Kivlin and John Kivlin in violation of Section 8(a)(3) of the Act and thereby coerced and restrained em- ployees in the exercise of rights guaranteed by Section 7 of the Act, thereby violating Section 8 (b)(2) and 1(A) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting com- merce within the meaning of Section 2 (6) and (7) of the Act. [Recommended Order omitted from publication.] J. J. Collins Sons, Inc. and Bookbinders and Paper Cutters' Union of Chicago, Local #8, International Brotherhood of Bookbinders, AFL-CIO. Case No. 13-CA-5293. May 10, 1963 DECISION AND ORDER Upon charges duly filed by Bookbinders and Paper Cutters' Union of Chicago, Local #8, International Brotherhood of Bookbinders, AFL-CIO, herein called the Union, the General Counsel of the Na- 142 NLRB No. 58. 546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tional Labor Relations Board, by the Regional Director for the Thir- teenth Region, issued a complaint dated December 27, 1962, against J. J. Collins Sons, Inc., herein called the Respondent, alleging that the Respondent had engaged in and was engaging in unfair labor prac- tices within the meaning of Section 8 (a) (1) and (5) and Section 2 (6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, complaint, and notice of hearing before a Trial Examiner were duly served upon the Respondent and the Charging Party. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman McCulloch and Members Leedom and Brown]. With respect to the unfair labor practices, the complaint alleges, in substance, that the Union was and is the exclusive representative of all papercutting machine operators, folding machine set-up men, hand bookbinders and their apprentices of the Respondent in an ap- propriate unit, and that on October 31, 1962, and at all times there- after, Respondent unlawfully refused to bargain collectively with the Union. The Respondent's answer, filed January 3, 1963, admits certain jurisdictional and factual allegations of the complaint, but denies the commission of any unfair labor practices. On January 29, 1963, all parties to this proceeding entered into a stipulation of facts, and jointly moved to transfer this proceeding directly to the Board for findings of fact, conclusions of law, and Decision and Order. The motion states that the parties have waived their rights to a hearing before a Trial Examiner, and to the issuance of an Intermediate Report. The motion also provides that the charge, complaint, answer, and stipulation of facts constitute the entire record in the case. On February 4,1963, the Board granted the parties' motion to trans- fer the case to the Board. Briefs were thereafter filed by the General Counsel and the Respondent. Upon the basis of the parties' stipula- tion of facts, the briefs, and the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The Respondent, an Illinois corporation, is engaged in commercial printing at its Melrose Park, Illinois, plant. During the calendar year 1961, a representative period, Respondent shipped goods valued in excess of $100,000 directly to points outside the State of Illinois. The Respondent admits, and we find, that it is engaged in commerce within the meaning of the Act. J. J. COLLINS SONS, INC. II. THE LABOR ORGANIZATION INVOLVED 547 Bookbinders and Paper Cutters' Union of Chicago, Local #8, Inter- national Brotherhood of Bookbinders, AFL-CIO, is a labor organiza- tion as defined in Section 2 (5) of the Act. III. THE UNFAIR LABOR PRACTICES The complaint alleges that the Respondent violated Section 8 (a) (5) and (1) of the Act by its admitted refusal to bargain with Local 8 which had been certified by the Board as the representative of an appropriate' unit of the Respondent's employees. The Respondent contends that, because the Board refused to grant it a hearing on a certain challenged ballot, thereby denying it due process, the certifica- tion was invalid and there was no obligation upon it to bargain. The ballot of Norbert Toporek had been challenged by the Employer on the ground that Toporek was not in the appropriate unit because he allegedly was not a cutter's apprentice. The Regional Director, follow- ing an investigation, issued a report in which he rejected this challenge and included this individual in the unit on the ground that he had a sufficient community of interest with those in the unit and that he had for a 2-week period replaced a cutter in the unit. Thereafter, the Respondent filed exceptions to this report with the Board, setting forth in detail the duties of this individual which did not vary sub- stantially from those found by the Regional Director and embodied in Respondent's contentions regarding his unit placement. The Board found that this individual should be included in the unit for the same reasons as those relied upon by the Regional Director! We find that the Respondent has been afforded an opportunity to litigate fully all the relevant issues in this case, and that it has not shown that there are material or substantial questions of fact or law that warrant a further hearing.' Accordingly, we conclude, as did the Regional Director, that the certification was valid and the Respond- ent's admitted refusal to bargain violated Section 8 (a) (5) and (1) of the Act. 'See the Decision and Direction in Case No. 13-R-C-8652, dated October 2, 1962, not published in NLRB volumes, in which the Board denied a hearing as to the Respondent's contentions involved herein on the ground that they did not raise material and substantial questions of fact. 20.K. Van and Storage, Inc., 127 NLRB 1537 , 1539, enfd 297 F. 2d 74 (CA. 5), J R. Simplot Company, 138 NLRB 172. In N.L.R.B. v. Joclin Manufacturing Comp,iwy, 314 F 2d 627 (C A 2), mod 314 F 2d 635, 52 LRR3I 2625, the court recently held that the Board properly conditions the right to a hearing with respect to challenged ballots on "a showing that factual issues are 'substantial and material'-a requirement not only proper but necessary to prevent dilatory tactics by employers or unions disappointed in the election returns ." The court went on to find, contrary to the Board , that substantial and material issues had been raised and remanded the case to the Board for a hearing thereon . Applying to the present case the legal principle approved by the court in Joclan, we are convinced that the Respond- ent in the instant case has not raised such substantial and material issues 712-548-64-vol. 142-36 548 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We also find that the Respondent admittedly failed and refused to furnish Local 8, upon its request, data relating to weekly salaries and initial employment dates of employees in the unit, and, thereby violated Section 8(a) (5) and (1) of the Act. ORDER Upon the basis of the foregoing findings and conclusions and the entire record, including the record in the representation case, and pursuant to Section 10(c) of the Act, Respondent J. J. Collins Sons, Inc., Melrose Park, Illinois, its officers, agents, successors, and as- signs, shall: 1. Cease and desist from : (a) Refusing to bargain collectively with Bookbinders and Paper Cutters' Union of Chicago, Local #8, International Brotherhood of Bookbinders, AFL-CIO, as the duly certified exclusive representative of its employees in the following appropriate unit : All paper cutting machine operators, all folding machine setup men, all hand bookbinders and their apprentices, excluding office cler- ical employees, professional employees, guards, supervisors, and all other employees as defined in the Act. (b) Refusing to furnish to Bookbinders and Paper Cutters' Union of Chicago, Local #8, International Brotherhood of Bookbinders, AFL-CIO, data relating to weekly salaries of initial employment dates of employees in the above-described unit. (c) In any other manner interfering with the efforts of Bookbinders and Paper Cutters' Union of Chicago, Local #8, International Brotherhood of Bookbinders, AFL-CIO, to bargain collectively with Respondent on behalf of the employees in the above-described unit. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Upon request, bargain collectively with Bookbinders and Paper Cutters' Union of Chicago, Local #8, International Brotherhood of Bookbinders, AFL-CIO, as the representative of its employees in the above-described appropriate unit and, if an understanding is reached, embody such understanding in a signed agreement. (b) Upon request, furnish to Bookbinders and Paper Cutters' Union of Chicago, Local #8, International Brotherhood of Book- binders, AFL-CIO, data relating to weekly salaries and initial em- ployment dates of employees in the above-described unit. (c) Post at its main office in Melrose Park, Illinois, and at all of its other offices where it employs or stations employees in the appro- priate unit, copies of the attached notice marked "Appendix." 3 a In the event that this Order is enforced by a decree of a United States Court of Appeals, there shall be substituted for the words "Pursuant to a Decision and Order" the words "Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order " J. J. COLLINS SONS, INC. 549 Copies of the said notice, to be furnished by the Regional Director for the Thirteenth Region, shall, after being duly signed by Respond- ent's representative, be posted by it immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in con- spicuous places, including all places where notices to its employees are customarily posted. Reasonable steps shall be taken by Respond- ent to insure that said notices are not altered, defaced, or covered by any other material. (c) Notify the said Regional Director for the Thirteenth Region, in writing, within 10 days from the date of this Order, what steps it has taken to comply herewith. APPENDIX NOTICE TO ALL EMPLOYEES Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify our employees that : Wx WILL bargain collectively, upon request, with the Book- binders and Paper Cutters' Union of Chicago, Local #8, Inter- national Brotherhood of Bookbinders, AFL-CIO, as the exclusive bargaining representative of all our employees in the appropriate unit described below with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment, and, if an agreement is reached, embody such agreement in a signed contract. All papercutting machine operators, all folding machine set-up men, all hand bookbinders and their apprentices, ex- cluding office clerical employees, professional employees, guards, supervisors, and all other employees as defined in the Act. tiVE WILL furnish, upon request, to Bookbinders and Paper Cutters' Union of Chicago, Local #8, International Brotherhood of Bookbinders, AFL-CIO, data relating to weekly salaries and initial employment dates of employees in the above-described unit. J. J. COLLINS SONS, INC., Employer. Dated---------------- By------------------------------------- (Representative ) (Title) This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board's Regional 550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Office, 176 West Adams Street, Chicago, Illinois, 60603, Telephone No. Central 6-9660, if they have any question concerning this notice or compliance with its provisions. Berglund Chevrolet, Inc. and Truck Drivers Local Union No. 649. Case No. A 0-57. May 10, 1963 ADVISORY OPINION This is a petition filed by Berglund Chevrolet, Inc., herein called the Employer, for an Advisory Opinion in conformity with Section 102.98 and 102.99 of the Board's Rules and Regulations, Series 8, ,as amended. In pertinent part, the petition alleges as follows : 1. Truck Drivers Local Union No. 649, herein called the Union, has filed with the New York State Labor Relations Board, herein called NYSLRB, a petition in Case No. WE-1382 requesting that it be certified as the representative of the Employer's employees for the purposes of collective bargaining. 2. The Employer is a retail automobile sales and service agency having its place of business at 215 West Fourth Street, Jamestown, New York. 3. During the calendar year 1962, the Employer's gross sales to- taled upwards of $3,000,000 of which in excess of $250,000 represented receipts from sales and services from outside the State of New York and of which in excess of $250,000 represented sales of goods, prod- ucts, and services to businesses subject to the jurisdiction of the Board. During the same year the Employer purchased from outside the State of New York cars and trucks valued upwards of $2,000,000 and parts valued in excess of $120,000. 4. The NYSLRB has made no findings with respect to the com- merce data hereinabove set forth. 5. There is no representation or unfair labor practice proceeding involving the same labor dispute pending before the Board. 6. Although served with a copy of the petition for Advisory Opin- ion herein, no response as provided by the Board's Rules and Regu- lations has been filed by the Union. On the basis of the above, the Board is of the opinion that : 1. The Employer is a retail enterprise operating an automobile sales and service agency in Jamestown, New York. 2. During the calendar year 1962, the Employer did a gross volume of business in excess of $500,000 and made from outside the State 142 NLRB No. 63.