Race Brothers

In the Matter Of HERMAN RACE, Louis RACE, JACK RACE AND HELEN RACE, INDIVIDUALLY AND AS CO-PARTNERS DOING BUSINESS UNDER THE FIRM NAME AND STYLE OF RACE BROTHERS and UNITED PAPER WORK- ERS OF AMERICA, C. I. O. Case No. C-1242.--Decided April 27,1939 Collapsible Paper Box Manufacturing Industry-Settlement : stipulation pro- viding for compliance with the Act-Order: entered on stipulation. Mr. Samuel G. Zack, for the Board. Mr. F. Hamilton Seeley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by United Paper Workers of America, C. I. 0., herein called the United, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadelphia, Pennsylvania), issued its complaint dated March 28, 1939, against Herman Race, Louis Race, Jack Race and Helen Race, individually and as co-partners doing business under the firm name and style of Race Brothers, Philadelphia, Pennsyl- vania, herein called the respondents, alleging that the respondents had engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint and notice of hearing thereon were duly served upon the respondents, individually and as copartners, and upon the United. Concerning the unfair labor practices, the complaint alleged, in substance, that although a majority of the employees in an appro- priate unit had designated the United as their representative for the purpose of collective bargaining, the respondents had refused to bar- gain collectively with the United, and that the respondents by the afore-mentioned activities, and by other acts, interfered with, re- strained, and coerced their employees in the exercise of the rights guaranteed in Section 7 of the Act. 12 N. L. R. B., No. 64. 538 HERMAN RACE ET AL. 539 On March 28, 1939, the respondents, the United, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : It is hereby stipulated by and between Herman Race, Louis Race, Jack Race and Helen Race, individually as co-partners doing business under the firm name and style of Race Brothers, • respondents herein; United Paper Workers of America, C. I. 0., a party herein; and the National Labor Relations Board, that: 1. Upon charges duly filed by the United Paper Workers of America, C. I. 0., the National Labor Relations Board by the Regional Director for the Fourth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Rela- tions Act (48 Stat. 449) 1 and its Rules and Regulations, Series 1, Article 4, Section 1 issued its complaint on the 28th day of March, 1939, against Herman Race, Louis Race, Jack Race and Helen Race, individually and as co-partners doing business under the firm name and style of Race Brothers, respondents herein. 2. Respondent is a partnership having its principle (sic) place of business in Philadelphia, Pennsylvania, and is engaged in the manufacture and sale of folding paper boxes. Approximately 80% of the raw materials used in the manufacture of its products come from sources outside the state of Pennsylvania. Approxi- mately 80% of the finished products are sold outside of the state of Pennsylvania. 3. Respondents, Herman Race, Louis Race, Jack Race and Helen Race, individually and as co-partners doing business under the firm name and style of Race Brothers, are engaged in inter- state commerce within the meaning of the National Labor Rela- tions Act and decisions of the United States Supreme Court thereunder. 4. The respondents in the course and conduct of their business at their Philadelphia Plant employ approximately 17 employees who are engaged in production and maintenance. 5. United Paper Workers of America, C. I. 0., is a labor organ- ization affiliated with the Committee for Industrial Organiza- tions admitting to its membership employees of the respondents. 6. A unit consisting of production and maintenance employees, excluding supervisory and clerical employees, hereinafter called the unit, would insure to the employees the full benefit of their right to self-organization and would otherwise effectuate the poli- cies of the Act, and is a unit appropriate for the purposes of col- lective bargaining within the meaning of Section 9 (b) of the Act. 'This is obviously an inadvertence since the correct citation is 49 Stat. 449. 540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 7. On or about January 13, 1939, and at all times thereafter, a majority of the employees in the unit designated the union as its representative for the purposes of collective bargaining with respondents, and since on or about January 13, 1939, the union has been the exclusive representative of all the employees in the unit by virtue of Section 9 (a) of the Act for the purpose of collective bargaining with respondents in respect to rates of pay, wages, hours of employment and other conditions of employment. 8. Respondents, Herman Race, Louis Race, Jack Race and Helen Race, individually and as co-partners doing business under the firm name and style of Race Brothers, waive their right to a hearing as set forth in Sections 10 (b) and 10 (c) of the National Labor Relations Act. 9. This stipulation together with the charge, complaint, notice of hearing and Rules and Regulations of the National Labor Relations Board may be introduced as evidence by filing them with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. 10. Upon this stipulation, if approved by the National Labor Relations Board, an order may forthwith be entered by the said Board and by the appropriate Circuit Court of Appeals, provid- ing as follows : 1. Respondents, Herman Race, Louis Race, Jack Race and Helen Race, individually and as co-partners doing business under the firm name and style of Race Brothers, their agents, successors and assigns, will cease and desist : (a) from in any manner interfering with, restraining or coerc- ing their employees in the exercise of their rights to self-organiza- tion, to form, join or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to en- gage in concerted activities for the purpose of collective bargain- ing and other mutual aid or protection, as guaranteed in Section 7 of the Act; (b) from refusing to bargain collectively with United Paper Workers of America, C. I. 0., or its representatives as the ex- clusive representative of all their production and maintenance employees, excluding supervisory and clerical employees. 2. Respondents shall take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Upon request, bargain collectively with the United Paper Workers of America, C. I. 0., or its representatives, as the ex- clusive representative of all their production and maintenance employees, excluding supervisory and clerical employees; HERMAN RACE ET AL. 541 (b) Post and keep visible in prominent places in each depart- ment of respondents' said Philadelphia plant, for a period of sixty (60) days after receipt, copies of the order entered by the National Labor Relations Board and notice stating that the respondents will cease and desist in the manner aforesaid, and respondents will take the affirmative action as aforesaid; (c) Inform all of its agents, including its superintendent, fore- men, and other supervisory employees, that they shall not threaten employees in any manner because of their membership in any labor organization in general, or the United Paper Workers of America, C. I. 0., in particular; (d) Notify the Regional Director for the Fourth Region, in writing, of compliance with the foregoing order within sixty (60) days from the date of its entry by the Board. 11. It is stipulated and agreed that the appropriate U. S. Circuit Court of Appeals may, upon application of the National Labor Relations Board, enter a decree enforcing the aforesaid order of the Board, respondents hereby expressly waiving their rights to contest the entry of such decree in the appropriate U. S. Circuit Court of Appeals, and, further, expressly waiving their rights to receive notice of the filing by the National Labor Relations Board for the application of such a decree. 12. It is further stipulated and agreed that this stipulation is subject to the approval of the National Labor Relations Board. On April 3, 1939, the Board issued its order approving the above stipulation, making it part of the record, and transferring the pro- ceeding to the Board for the purpose of entry of a decision and order by the Board. Upon the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENTS The respondents are copartners having their principal place of business in Philadelphia, Pennsylvania, and are engaged in the manu- facture and sale of folding paper boxes. Approximately 80 per cent of the raw materials used in the manufacture of their products come from sources outside the State of Pennsylvania. Approximately 80 per cent of their finished products are sold outside the State of Pennsylvania. Approximately 17 production and maintenance work- ers are employed by the respondents. 542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that the above-described operations constitute a continu- ous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact, stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that Herman Race, Louis Race, Jack Race, and Helen Race, individually and as copartners doing business under the firm name and style of Race Brothers, Philadelphia, Pennsylvania, their agents, successors, and assigns, will cease and desist : (a) From in any manner interfering with, restraining, or coercing their 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 and other mutual aid or protection, as guaranteed in Section 7 of the Act; (b) From refusing to bargain collectively with United Paper Work- ers of America, C. I. 0., or its representatives as the exclusive repre- sentative of all their production and maintenance employees, exclud- ing supervisory and clerical employees. Respondents shall take the following affirmative action to effectuate the policies of the National Labor Relations Act: (a) Upon request, bargain collectively with the United Paper Work- ers of America, C. I. 0., or its representative, as the exclusive repre- sentative of all their production and maintenance employees, exclud- ing supervisory and clerical employees ; (b) Post and keep visible in prominent places in each department of respondents' said Philadelphia plant, for a period of sixty (60) days after receipt, copies of the Order entered by the National Labor Relations Board, and notice stating that the respondents will cease and desist in the manner aforesaid, and respondents will take the affirmative action as aforesaid; (c) Inform all of its agents, including its superintendent, fore- men, and other supervisory employees, that they shall not threaten employees in any manner because of their membership in any labor organization in general, or the United Paper Workers of America, C. I. 0., in particular; (d) Notify the Regional Director for the Fourth Region, in writ- ing, of compliance with the foregoing order within sixty (60) days from the date of its entry by the Board.