Paul Siewers and McKay

In the Matter of PAUL SIEWERS AND MCKAY and NEW YORK PRINTING PRESSMAN'S UNION No. 51 Case No. C-91.9.-Decided October 0, 1939 Bank Stationery Manufacturing Industry-Settlement : stipulation providing for compliance with the Act, including payment of back pay and recognition of union-Order: entered on stipulation. Mr. Richard J. Hickey, for the Board. Mr. Wilbur E. Dow, Jr., of New York City, for the respondent. Mr. Edward Neway, of New York City, for the Union. Mr. Langdon West, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by New York Print- ing Pressmen's Union No. 51, affiliated with the American Federa- tion of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Second Region (New York City), issued its complaint dated April 8, 1938,. against Paul Siewers and McKay,' New York City, herein called the respondent, alleging that the respondent had en- gaged in and was engaging in unfair labor practices affecting com- merce, within the meaning of Section 8 (1), (3), 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, accompanied by no- tice of hearing, was duly served upon the respondent and the Union. In respect to the unfair labor practices the complaint alleged in substance that although a majority of the respondent's employees in an appropriate bargaining unit had designated the Union as their bargaining agent, the respondent, on or about January'3, 1938, and at all times thereafter, refused to bargain with the Union as the ex- clusive representative of its employees in an appropriate unit; that the respondent, on or about December 10, 1937, discharged two named 1 In the charges the name of the respondent appeared as Paul Siewers & McKay. 15 N. I R. B., No. 87. 794 PAUL SIEWERS AND McKAY 795 employees and, at all times since, refused to reinstate them because they joined and assisted the Union and engaged in other concerted activities for the purposes of collective bargaining and other mutual aid and protection; that the respondent, by the aforesaid acts and by urging, persuading, and warning its employees to refrain from becoming members of the Union, and by threatening its employees with discharge and other reprisals if they became or remained mem- bers of the Union, and by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Sec- tion 7 of the Act. In its answer to the complaint, filed on or about April 22, 1938, and in its amendment to the answer, filed on or about July 2, 1938, the respondent admitted some of the specific averments of the complaint, including those concerning the nature and scope of its business, but denied the allegations of unfair labor practices. Pursuant to notice,2 a hearing was held at New York City from July 5 to 7, 1938, before Paul Davier, the Trial Examiner duly desig- nated by the Board. The Board and the respondent were represented by counsel and the Union by its representative and all parties par- ticipated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. On August 2, 1938, the respond- ent filed a brief with the Trial Examiner in support of its case. On August 25, 1938, the Trial Examiner filed his Intermediate Report, finding that the respondent had engaged in and was engaging in un- fair labor practices affecting commerce, within the meaning of Sec- tion 8 (1), (3), and (5) and Section 2 (6) and (7) of the Act, and recommending that the respondent cease and desist therefrom and take certain specified affirmative action. No exceptions to the Inter- mediate Report were filed by the respondent or the Union. On Sep- tember 24, 1938, the case was duly transferred to the Board. On June 29, 1939, the respondent, the Union, and an attorney for the Board entered into a stipulation setting forth the terms of an order which the Board could enter in the case upon its approval of the stipulation. The stipulation also provided for the entry of a consent decree in the United States Circuit Court of Appeals for the Second Circuit. On August 14, 1939, the Board issued its order approving the aforesaid stipulation and making it part of the record in the case. The hearing was postponed several times. Due notice of each postponement was given both the respondent and the Union. 796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent, a New York corporation with its office and plant in New York City, is engaged in the manufacture and dis= tribution of bank stationery, check books, pass books, and similar products. The raw materials used by the respondent are paper, leather, cardboard, and metal, of which 60 per cent is shipped to the respondent's plant from points outside the State of New York. The respondent sells and ships approximately 85 per cent of its finished products to customers located at points outside the State of New York. In the year 1937 the respondent's gross sales amounted to. $121,633.26 and its purchases of raw materials amounted to $68,865.11. The respondent admits that it is engaged in interstate commerce within the meaning of the Act. ORDER Upon the basis of the above findings of fact, the stipulation of the parties and upon the entire record in the proceedings, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Paul Siewers and McKay, New York City, and its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist the New York Printing Pressmen's Union No. 51, or any other labor organization, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection; (b) Discouraging membership in the New York Printing Press- men's Union No. 51, or any other labor organization, by discrimina- tion in regard to hire or, tenure of employment or conditions of employment; (c) Refusing to bargain collectively with the New York Printing Pressmen's Union No. 51, as the exclusive representative of the male production, shipping, and maintenance employees of the respondent. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Make whole Emanuel Gambaro and Joseph Madalena for any losses of pay they may have suffered as a result of their discharge by payment to Emanuel Gambaro the sum of $75.00, and Joseph Madalena the sum of $100.00; PAUL SIEWERS AND McKAY 797 (b) Upon request, bargain collectively with the New York Print- ing Pressmen's Union No. 51 as the exclusive representative of the respondent's male production, shipping, and maintenance employees, in respect to rates of pay, wages, hours of employment, and other conditions of employment; (c) Post immediately in conspicuous places in its plant at 441 Pearl Street, .New York City, and maintain for a period of at least thirty (30) consecutive days, notices to its employees stating: (1) That the Board issued this Order; (2) That respondent will comply therewith; (3) That respondent will, upon request, bargain with the New York Printing Pressmen's Union No. 51 as the exclusive representa- tive of the respondent's male production, shipping, and maintenance employees with respect to rates of pay, wages, hours of employment, and other conditions of employment; (d) File with the Regional Director for the Second Region, within ten (10) days after service of this Order by the Board upon the re- spondent, a report setting forth in detail the manner and form in which the respondent has complied with the terms of this Order.