Gateway Press

268 NLRB No. 159 DZH D--1258 Monroeville, PA UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD GATEWAY PRESS, INC. and GRAPHIC COMMUNICATIONS INTERNATIONAL 1 UNION, LOCAL 24--L, AFL--CIO case 0--CA--14863 DECISION AND ORDER Upon a charge filed by the Union 4 September 1981, the General Counsel of the National Labor Relations Board issued a complaint 3 June 1983, as amended 28 September 1983, against the Company, the Respondent, alleging that it has violated Section 8(a)(5) and (1) of the National Labor Relations Act. The amended complaint alleges that on 18 June 1981, following Board elections in Cases 6--RC--8892 and 6--RC--8906, the Union was certified as the exclusive collective-bargaining representative of the Company's employees in the units found appropriate. (Official notice is taken of the ''record'' in the representation proceedings as defined in the Board's Rules and Regulations, Secs. 102.68 and 102.69(g), amended Sept. 9, 1981, 46 Fed. Reg. 45922 (1981); Frontier Hotel, 265 NLRB No. 46 (Nov. 9, 1982).) The amended 1 The Graphic Arts International Union, the Charging Party in this case, and the International Printing and Graphic Communications Union merged, effective 1 July 1983, to form the Graphic Communications International Union. 268 NLRB No. 159 D--1258 complaint further alleges that since on or about 18 June 1981 the Company has refused to bargain with the Union. On 29 September 1983 the Company filed its answer to the amended complaint admitting in part and denying in part the allegations in the amended complaint. On 6 October 1983 the General Counsel filed a Motion for Summary Judgment. On 12 October 1983 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 Company filed a response, and the Union filed a brief in support of the motion. On 14 November 1983 the General Counsel filed an amendment to the Motion for Summary Judgment. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Ruling on Motion for Summary Judgment, as Amended The record, including the record in Cases 6--RC--8892 and 6--RC--8906, reveals that elections were held 15 January 1981 pursuant to stipulated election agreements. The tally of ballots in Case 6--RC--8892 shows that, of approximately 33 eligible voters, 14 cast ballots for and 8 against the Union. There were no challenged ballots. The tally of ballots in Case 6--RC--8906 shows that, of approximately 34 eligible voters, 25 cast valid ballots for and 6 against the Union. There were no challenged ballots. After conducting an investigation on the Company's objections in the aforementioned cases, the Regional Director for Region 6, on 26 February 1981, issued his reports recommending that the objections be overruled. The Company filed exceptions to the recommendations. On 18 June 1981 the Board adopted the recommendations in / D--1258 On the entire record, the Board makes the following Findings of Fact I. Jurisdiction The Company, a Pennsylvania corporation, in engaged in the nonretail printing of newspapers and lithography at its facility in Monroeville, Pennsylvania, where it annually purchases and receives goods and materials valued over $50,000 from outside the Commonwealth of Pennsylvania. The Company annually receives gross revenues over $50,000 from providing services to other employers in the Commonwealth of Pennsylvania who are themselves engaged in interstate commerce. We find that the Company is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act and that the Union is a labor organization within the meaning of Section 2(5) of the Act. II. Alleged Unfair Labor Practices A. The Certifications Following the elections held 15 January 1981 the Union was certified 18 June 1981 as the collective-bargaining representative of the employees in the following appropriate units: A. Case 6--RC--8892 All full-time and regular part-time composing room employees including layout artists, typesetters, proof readers and paste up employees employed by Dardanell Enterprises, Inc. at its Monroeville, Pennsylvania facility, excluding all other employees, office clerical employees, guards, professional employees and supervisors as defined in the Act. B. Case 6--RC--8906 All full-time and regular part-time inside circulation employees, inserting employees and mailing employees employed by Dardanell Enterprises, Inc. at its Monroevile, Pennsylvania facility, D--1258 both proceedings and certified the Union as the exclusive bargaining representative of the employees in the stipulated units. 2 By letters dated 30 June and 7 July 1981 the Union requested the Company to bargain pursuant to the certifications issued in Cases 6--RC--8892 and 6-- RC--8906. There is no evidence that the Company responded to these requests in a timely manner. By letter dated 21 April 1983 the Company informed the General Counsel it was declining to bargain with the Union because the certifications in the representation proceedings assertedly were erroneous. In its answer to the amended complaint, the Company contends the certifications were erroneous because the conduct of the Union improperly interfered with the elections. It is well settled that in the absence of newly discovered and previously unavailable evidence or special circumstances, a respondent in a proceeding alleging a violation of Section (a) (5) is not entitled to relitigate issues that were or could have been litigated in a prior representation proceeding. See Pittsburgh Glass Co. V. NLRB, 313 U.S. 146, 162 (1941); Secs. 102.67 (f) and 102.69(c) of the Board's Rules and Regulations. All issues raised by the Company were or could have been litigated in the prior representation proceedings. The Company does not offer to adduce at a hearing any newly discovered and previously unavailable evidence, nor does it allege any special circumstances that would require the Board to reexamine the decisions made in the representation proceedings. We therefore find that the Company has not raised any issue that is properly litigable in this unfair labor practice proceeding. Accordingly we grant the Motion for Summary Judgment, as amended. 2 Chairman Dotson and Member Hunter did not participate in the underlying representation proceedings. D--1258 excluding all other employees, office clerical employees, guards, professional employees and supervisors as defined in the Act. 3 The Union continues to be the exclusive representative under Section 9(a) of the Act. B. Refusal To Bargain Since 30 June 1981 the Union has requested the Company to bargain, and since on or about that date the Company has refused. We find that this refusal constitutes an unlawful refusal to bargain in violation of Section 8(a) (5) and (1) of the Act. Conclusions of Law By refusing on and after 30 June 1981 to bargain with the Union as the exclusive collective-bargaining representative of employees in the appropriate units, the Company has engaged in unfair labor practices affecting commerce within the meaning of Section 8 (a) (5) and (1) and Section 2(6) and (7) of the Act. Remedy Having found that the Respondent has violated Section (a) (5) and (1) 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 certifications 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. 3 Subsequent to the certifications, the Company changed its name from Dardanell Enterprises, Inc., to Gateway Press, Inc., as alleged in the amended complaint. D--1258 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, Gateway Press, Inc., Monroeville, Pennsylvania, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Refusing to bargain with Graphic Communications International Union, Local 24--L, AFL-CIO, as the exclusive bargaining representative of the employees in the bargaining units. (b) In any like or related manner interfering with, restraining, 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 exclusive representative of the employees in the following appropriate units on terms and conditions of employment and, if an understanding is reached, embody the understanding in a signed agreement: Unit A: All full-time and regular part-time composing room employees including layout artists, typesetters, proof readers and paste up employees employed by Gateway Press, Inc. at its Monroeville, Pennsylvania facility, excluding all other employees, office clerical employees, guards, professional employees and supervisors as defined in the Act. Unit B: All full-time and regular part-time inside circulation employees, inserting employees and mailing employees employed by Gateway Press, Inc. at its Monroeville, Pennsylvania facility, excluding all other employees, office clerical employees, guards, professional employees and supervisors as defined in the Act. D--1258 (b) Post at its facility in Monroeville, Pennsyvania, copies of the attached notice marked ''Appendix. ..4 Copies of the notice, on forms provided by the Regional Director for Region 6, after being signed by the Respondent's authorized representative, shall be posted by the Respondent immediately upon receipt and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. (c) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Respondent has taken to comply. Dated, Washington, D.C. 22 February 1984 Donald L. Dotson, Chairman Don A. Zimmerman, Member Robert P. Hunter, Member NATIONAL LABOR RELATIONS BOARD (SEAL) 4 If 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. D--1258 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 violated the National Labor Relations Act and has ordered us to post and abide by this notice. WE WILL NOT refuse to bargain with Graphic Communications International Union, Local 24--L, AFL--CIO, as the exclusive representative of the employees in the bargaining units. 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, 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 units: Unit A: All full-time and regular part-time composing room employees including layout artists, typesetters, proof readers and paste up employees employed by Gateway Press, Inc. at its Monroeville, Pennsylvania facility, excluding all other employees, office clerical employees, guards, professional employees and supervisors as defined in the Act. D--1258 Unit B: All full-time and regular part-time inside circulation employees, inserting employees and mailing employees employed by Gateway Press, Inc. at its Monroeville, Pennsylvania facility, excluding all other employees, office clerical employees, guards, professional employees and supervisors as defined in the Act. GATEWAY PRESS, INC. (Employer) Dated By (Representative) (Title) This is an official notice and must not be defaced by anyone. 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. Any questions concerning this notice or compliance with its provisions may be directed to the Board's Office, 1501 William S. Moorehead Federal Building, 1000 Liberty Avenue, Pittsburgh, Pennsylvania 15222, Telephone 412--644--2969.