W. F. Hall Printing Co.

W. F. HALL PRINTING CO. 183 W. F. Hall Printing Company and Chicago Local No. 245, Graphic Arts International Union, AFL-CIO. Case 13-CA-14136 September 11, 1975 DECISION AND ORDER By MEMBERS FANNING, JENKINS, AND PENELLO Upon a charge filed on March 25, 1975, by Chica- go Local No. 245, Graphic Arts International Union, AFL-CIO, herein called the Union, and duly served on W. F. Hall Printing Company, herein called the Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 13, issued a complaint on April 22, 1975, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practic- es affecting commerce within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7) of the Na- tional Labor Relations Act, as amended. Copies of the charge, complaint, and notice of hearing before an Administrative Law Judge were duly served on the parties to this proceeding. With respect to the unfair labor practices, the com- plaint alleges in substance that on February 24, 1975, following a Board election in Case 13-RC-13463, the Union was duly certified as the exclusive collective- bargaining representative of Respondent's employees in the unit found appropriate;' and that, commenc- ing on or about March 20, 1975, and at all times thereafter, Respondent has refused, and continues to date to refuse, to bargain collectively with the Union as the exclusive bargaining representative and fur- nish it information necessary for the purpose of col- lective-bargaining, although the Union has requested and is requesting it to do so. On May 2, 1975, Re- spondent filed its answer to the complaint admitting in part, and denying in part, the allegations in the complaint. On May 20, 1975, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment. Subsequently, on May 27, 1975, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Summary Judgment should not be granted. Respondent thereafter filed a response to 'Official notice is taken of the record in the representation proceeding, Case 13-RC-13463, as the term "record" is defined in Secs. 102 68 and 102.69(g) of the Board's Rules and Regulations , Series 8, as amended See LTV Electrosystems, Inc, 166 NLRB 938 (1967), enfd. 388 F.2d 683 (C.A. 4, 1968); Golden Age Beverage Co., 167 NLRB 151 (1967), enfd. 415 F.2d 26 (C.A. 5, 1969); Intertype Co. v. Penello, 269 F.Supp 573 (D.C. Va., 1967); Follett Corp., 164 NLRB 378 (1967), enfd. 397 F.2d 91 (C A 7, 1968); Sec 9(d) of the NLRA. Notice To Show Cause. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. Upon the entire record in this proceeding, the Board makes the following: Ruling on the Motion for Summary Judgment In its answer to the complaint and in its response to the Notice To Show Cause Respondent admits the factual averments of the complaint but denies the validity of the Board's certification of the Union and its consequent obligation to bargain on the ground that the Regional Director's determination of the unit appropriate for bargaining was erroneous and contrary to Board precedent. Respondent does not proffer any newly discovered or previously unavail- able evidence. The General Counsel contends that the pleadings raise no triable issues of fact and that the issue raised by Respondent was previously de- termined in the representation proceeding. We agree with the General Counsel. A review of the record in the representation pro- ceeding, Case 13-RC-13463, indicates that the Re- gional Director, after hearing, directed an election in a unit of all printing employees. Respondent filed a request for review of the Regional Director 's decision contending that the unit found appropriate therein was inappropriate since it was not restricted to litho- graphic and offset process employees. The Board, in a telegraphic communication of February 12, 1975, denied Respondent's request for review. An election conducted on the following day under the supervi- sion of the Regional Director resulted in a vote of 181 for and 163 against the Union with 16 challenged ballots. As the challenged ballots were not sufficient to affect the outcome of the election, the Regional Director, on February 24, 1975, certified the Union. It is well settled that in the absence of newly dis- covered or previously unavailable evidence or special circumstances a respondent in a proceeding alleging a violation of Section 8(a)(5) is not entitled to reliti- gate issues which were or could have been litigated in a prior representation proceeding? All issues raised by the Respondent in this pro- ceeding were or could have been litigated in the prior representation proceeding, and the Respondent does not offer to adduce at a hearing any newly discov- ered or previously unavailable evidence, nor does it allege that any special circumstances exist herein which would require the Board to reexamine the de- 2 See Pittsburgh Plate Glass Co v. N L.R B, 313 U S. 146, 162 (1941), Rules and Regulations of the Board, Secs. 102.67(f) and 102.69(c). 220 NLRB No. 25 184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cision made in the representation proceeding. We therefore find that the Respondent has not raised any issue which is properly litigable in this unfair labor practice proceeding. We shall, accordingly, grant the Motion for Summary Judgment. On the basis of the entire record, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Respondent, a Delaware corporation with its place of business in Chicago, Illinois, is engaged in com- mercial printing, binding, and distribution. Annually Respondent does a gross volume of business in ex- cess of $250,000 and receives at its Chicago, Illinois, facility materials and supplies valued in excess of $50,000 from points outside the State of Illinois. We find, on the basis of the foregoing, that Re- spondent is, and has been at all times material here- in, an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act, and that it will effectuate the policies of the Act to assert juris- diction herein. II. THE LABOR ORGANIZATION INVOLVED Chicago Local No. 245, Graphic Arts Internation- al Union, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. III THE UNFAIR LABOR PRACTICES A. The Representation Proceeding 1. The unit The following employees of the Respondent con- stitute a unit appropriate for collective -bargaining purposes within the meaning of Section 9(b) of the Act: All letter press first pressmen, letter press sec- ond pressmen, letter press helpers and appren- tice helpers, offset pressmen, offset press ten- ders, offset helpers and apprentice helpers, packers, premium men, stock handlers, sheeter operators, cylinder pressmen, grinder-polishers, roller wash-up men, ink room employees, and overlay and pre-make ready employees em- ployed at the Employer's Chicago, Illinois, facil- ity now located at Diversey Avenue; but exclud- ing all maintenance employees, heater department employees, office clerical employ- ees, sales employees, guards and supervisors as defined in the Act, and all other employees. 2. The certification On February 13, 1975, a majority of the employees of Respondent in said unit, in a secret ballot election conducted under the supervision of the Regional Di- rector for Region 13, designated the Union as their representative for the purpose of collective bargain- ing with the Respondent. The Union was certified as the collective-bargaining representative of the em- ployees in said unit on February 24, 1975, and the Union continues to be such exclusive representative within the meaning of Section 9(a) of the Act. B. The Request To Bargain and Respondent's Refusal Commencing on or about February 25, 1975, and at all times thereafter, the Union has requested the Respondent to bargain collectively with it as the ex- clusive collective-bargaining representative of all the employees in the above-described unit and to furnish it information necessary for the purpose of collec- tive-bargaining. Commencing on or about March 20, 1975, and continuing at all times thereafter to date, the Respondent has refused, and continues to refuse, to recognize and bargain with the Union as the ex- clusive representative for collective bargaining of all employees in said unit, and to provide it with such information. Accordingly, we find that the Respondent has, since March 20, 1975, and at all times thereafter, re- fused to bargain collectively with the Union as the exclusive representative of the employees in the ap- propriate unit, and that, by such refusal, Respondent has engaged in and is engaging in unfair labor prac- tices within the meaning of Section 8(a)(5) and (1) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of Respondent set forth in section III, above, occurring in connection with its opera- tions described in section I, above, have a close inti- mate, and substantial relationship to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE REMEDY Having found that Respondent has engaged in and is engaging in unfair labor practices within the mean- W. F. HALL PRINTING CO. 185 ing of Section 8(a)(5) and (1) of the Act, we shall order that it cease and desist therefrom, and, upon request, bargain collectively with the Union as the exclusive representative of all employees in the ap- propriate unit, and, if an understanding is reached, embody such understanding in a signed agreement, and to provide the Union, upon request, information necessary for collective bargaining. In order to insure that the employees in the appro- priate unit will be accorded the services of their se- lected bargaining agent for the period provided by law, we shall construe the initial period of certifica- tion as beginning on the date Respondent commenc- es to bargain in good faith with the Union as the recognized bargaining representative in the appropri- ate unit. See Mar-Jac Poultry Company, Inc., 136 NLRB 785 (1962); Commerce Company d/b/a Lamar Hotel, 140 NLRB 226, 229 (1962), enfd. 328 F.2d 600 (C.A. 5, 1964), cert. denied 379 U.S. 817 (1964); Bur- nett Construction Company, 149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (C.A. 10, 1965). The Board, upon the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. W. F. Hall Printing Company is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Chicago Local No. 245, Graphic Arts Interna- tional Union, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 3. All letter press first pressmen, letter press sec- ond pressmen, letter press helpers and apprentice helpers, offset pressmen, offset press tenders, offset helpers and apprentice helpers, packers, premium men, stock handlers, sheeter operators, cylinder pressmen, grinder-polishers, roller wash-up men, ink room employees, and overlay and pre-make ready employees employed at the Employer's Chicago, Illi- nois, facility now located at Diversey Avenue; but excluding all maintenance employees, heater depart- ment employees, office clerical employees, sales em- ployees, guards and supervisors as defined in the Act, and all other employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act. 4. Since February 24, 1975, the above-named la- bor organization has been and now is the certified and exclusive representative of all employees in the aforesaid appropriate unit for the purpose of collec- tive bargaining within the meaning of Section 9(a) of the Act. 5. By refusing on or about March 20, 1975, and at all times thereafter, to bargain collectively with the above-named labor organization as the exclusive bar- gaining representative of all the employees of Re- spondent in the appropriate unit and to provide it with information necessary for the purpose of collec- tive bargaining, Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5) of the Act. 6. By the aforesaid refusal to bargain and provide information, Respondent has interfered with, re- strained, and coerced, and is interfering with, re- straining, and coercing, employees in the exercise of the rights guaranteed to them in Section 7 of the Act, and thereby has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(1) of the Act. 7. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the mean- ing of Section 2(6) and (7) of the Act. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board hereby orders that Respondent, W. F. Hall Printing Company, Chicago, Illinois, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Refusing to bargain collectively concerning rates of pay, wages, hours, and other terms and con- ditions of employment with Chicago Local No. 245, Graphic Arts International Union, AFL-CIO, as the exclusive bargaining representative of its employees in the following appropriate unit: All letter press first pressmen, letter press sec- ond pressmen, letter press helpers and appren- tice helpers, offset pressmen, offset press ten- ders, offset helpers and apprentice helpers, packers, premium men, stock handlers, sheeter operators, cylinder pressmen, grinder-polishers, roller wash-up men, ink room employees, and overlay and pre-make ready employees em- ployed at the Employer's Chicago, Illinois, facil- ity now located at Diversey Avenue; but exclud- ing all maintenance employees, heater department employees, office clerical employ- ees, sales employees, guards and supervisors as defined in the Act, and all other employees. (b) Refusing to provide the Union, upon request, information necessary for the purpose of collective bargaining. (c) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them in Section 7 of the Act. 2. Take the following affirmative action which the 186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Board finds will effectuate the policies of the Act: (a) Upon request, bargain with the above-named labor organization as the exclusive representative of all employees in the aforesaid appropriate unit with respect to rates of pay, wages, hours, and other terms and conditions of employment, and, if an under- standing is reached, embody such understanding in a signed agreement, and provide the Union, upon re- quest, information necessary for the purpose of col- lective bargaining. (b) Post at its place of business at 4600 W. Diver- sey Ave., Chicago, Illinois, copies of the attached no- tice marked "Appendix." 9 Copies of said notice, on forms provided by the Regional Director for Region 13, after being duly signed by Respondent's repre- sentative, shall be posted by Respondent immedi- ately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employ- ees are customarily posted. Reasonable steps shall be taken by Respondent to insure that said notices are not altered, defaced, or covered by any other materi- al. (c) Notify the Regional Director for Region 13, in writing, within 20 days from the date of this Order, what steps have been taken to comply herewith. 3In the event that this Order is enforced by a Judgment of a 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 " APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT refuse to bargain collectively concerning rates of pay, wages, hours, and other terms and conditions of employment with Chi- cago Local No. 245, Graphic Arts International Union, AFL-CIO, as the exclusive bargaining representative of the employees in the bargain- ing unit described below. WE WILL NOT refuse to provide the above Union, upon request, information necessary for the purpose of collective bargaining. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of the rights guaranteed them by Section 7 of the Act. WE WILL, upon request, bargain with the above-named Union as the exclusive representa- tive of all employees in the bargaining unit de- scribed below, with respect to rates of pay, wages, hours, and other terms and conditions of employment, and, if an understanding is reached, embody such understanding in a signed agreement and provide the Union, upon request, information necessary for the purpose of collec- tive bargaining. The bargaining unit is: All letter press first pressmen, letter press second pressmen, letter press helpers and ap- prentice helpers, offset pressmen, offset press tenders, offset helpers and apprentice helpers, packers, premium men, stock handlers, sheet- er operators, cylinder pressmen, grinder-pol- ishers, roller wash-up men, ink room employ- ees, and overlay and pre-make ready employees employed at the Employer's Chica- go, Illinois, facility now located at Diversey Avenue; but excluding all maintenance em- ployees, heater department employees, office clerical employees, sales employees, guards and supervisors as defined in the Act, and all other employees. W. F. HALL PRINTING COMPANY