Rayner, Dalheim & Co., Inc.

In the Matter of RAYNER, DALHEIM & CO., INC. and INTERNATIONAL PRINTING PRESSMEN AND ASSISTANTS' UNION OF NORTH AMERICA Case No. C-1363.-Decided October 17, 1939 Printing, Engraving, and Lithographing Industry-Settlement: stipulation providing for compliance with the Act, including withdrawal of recognition from and disestablishment of company-dominated union-Order : entered on stipulation. Mr. Charles F. McErlean,, for the Board. Mr. Alfred W. Rayner, of Chicago, Ill., for the respondent. Mr. Chas. J. Fetzer, of Chicago, Ill., for the Union. Mr. Adolph Kopf, of Chicago, Ill., for the Association. Mr. Ralph Winkler, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed on June 16, 1939, by International Print- ing Pressmen and Assistants' Union of North America, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chicago, Illinois), issued its complaint dated August 31, 1939, against Rayner, Dalheim & Co., Inc., Chicago, Illinois, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1) and (2) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. The complaint alleged in substance (a) that the respondent on or about July 8, 1937, instigated the formation of a labor organi- zation among its employees known as the Rayner-Dalheim Employees' Association, herein called the Association, and from that date down to the issuance of the complaint suggested, advised, urged, and warned its employees to join the Association; furnished a meeting place in the plant premises to the Association; ordered employees to attend the Association meetings held in the plant; paid employees 16 N. L. R. B., No. 8. 50 RAYNER, DALHEIDI & CO., INC. 51 for time spent at Association meetings; permitted collection of dues and solicitation of members for the Association in the plant prem- ises during working hours; dominated and interfered with the admin- istration of the Association; furnished food and beer for use at Association meetings; and otherwise actively fostered, promoted, and encouraged the formation and growth of the Association, and contributed financial and other assistance to the Association, (b) that the respondent from on or about July 8, 1937, down to the issuance of the complaint advised, urged, and warned its employees to refrain from becoming and remaining members of "outside" labor organizations, interrogated employees regarding their labor union affiliations, and advised employees to join the Association, and (c) that the respondent by the afore-mentioned acts and by other acts interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed to them in Section 7 of the Act. On September 12, 1939, the respondent, the Union, the Association, and counsel for the Board entered into a stipulation and agreement in settlement of the case, subject to the approval of the Board. This stipulation and agreement provided as follows : STIPULATION AND AGREEMENT IT IS HEREBY STIPULATED AND AGREED by and between RAYNER, DALHEIM & Co., INC., hereinafter called respondent, INTERNA- TIONAL PRINTING PRESSMEN AND ASSISTANTS' UNION OF NORTH AMERICA, hereinafter called the union, RAYNER-DALHEIM EM- PLOYEES' ASSOCIATION, hereinafter called the Association, and Charles F. McErlean, Attorney, National Labor Relations Board, that : I Upon charges duly filed by. the union, the National Labor Relations Board, hereinafter called the. Board, by G. L. Patter- son, Regional Director for the Thirteenth Region, (Chicago, Illinois) issued its Complaint thereon, dated August 31st, 1939, against respondent alleging that respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8, subdivisions (1) and (2), and Section 2, subdivisions (6) and (7) of the National Labor Relations Act, 49 Stat. 449, hereinafter called the Act. 1. Respondent is and has been since September. 19,- 1908, a corporation organized under and existing by virtue of the laws of the State of Illinois, having its principal office and place 52, DECISIONS, OF NATIONAL LABOR RELATIONS BOARD of business in .the City of Chicago, County of Cook, and State of Illinois. Respondent owns and operates a plant in the City of Chicago, County of Cook and State of Illinois, hereinafter called the plant, where it is now and at all times mentioned in the complaint, has been engaged in the printing, engraving and lithographing of sheet music, railroad freight tariffs and mis-. cellanebus printed matter. Approximately 115 persons are employed by respondent during periods of normal business operations. 2. In the course and conduct of its business and in the oper- ation of the plant, respondent causes and has continuously caused approximately 50 per cent in dollar value of the materials used by it in the manufacturing, engraving and printing proc- esses, consisting of paper, ink, plates, zinc, tools, equipment, presses, manuscripts, miscellaneous parts, supplies, accessories ,and other materials to be purchased and transported in interstate commerce from and through States of the United States other than the State of Illinois, to the plant in the State of Illinois. In the course and conduct of its business and in the operations of the plant, respondent causes and has continuously caused approximately 50 per cent of the sheet music, railroad tariffs and miscellaneous printing matter designed, engraved and printed at the plant to be sold and transported in interstate commerce from the plant in the State of Illinois, to, into, and through States of the United States other than the State of Illinois. For the fiscal year 1938 respondent's sales aggregated approxi- mately $350,000.00. Raw materials, supplies and finished prod- ucts move in and out of the plant over common-carrier railroad, exnress and truck lines. Respondent admits that it is engaged in interstate commerce and that the above described operations affect commerce within the meaning of Section 2, subdivisions (6) and (7) of the Act. uI 1. International Printing Pressmen and Assistants' Union of North America, affiliated with the American Federation of Labor, is a labor organization within the meaning of Section 2, subdivision (5) of the Act. 2. Rayner-Dalheim Employees' Association is a labor organ- ization within the meaning of Section 2, subdivision (5) of the Act. RAYNER, DALHEIM SCI Co., INC. IV 53 The parties hereto waive service of the complaint, their right to file answers, their right to a hearing in this matter, and the making of Findings of Facts and Conclusions of Laws by the Board pursuant to the provisions of the Act, and all parties agree that the Charge and Complaint herein, National Labor Relations Board Rules and Regulations, Series 2, and this Stip- ulation and Agreement may be introduced in the record of this proceeding by filing same with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. v IT IS FURTHER STIPULATED AND AGREED by and between the parties hereto that upon the entire record in this case and this Stipulation rand Agreement, if approved by the Board, an Order may forthwith be entered by the Board and by the United States Circuit' Court of Appeals for the Seventh Circuit, the parties hereto expressly waiving further notice of application therefor, providing as follows: (It is understood; however, that the respondent by entering into this Stipulation and Agreement and agreeing to the use of the words "cease and desist" in the Order set out below, is not admitting that it has committed any of the unfair labor practices alleged in the Complaint). Respondent, Rayner Dalheim & Co., Inc., its officers, agents, successors and assigns, shall: 1. Cease and desist from : (a) Dominating and interfering with the administration of Rayner-Dalheim Employees Association, or the formation or administration of any other labor organization of its employees, or_ giving financial or other support to Rayner-Dalheim Em- ployees' Association, or any other labor organization of its employees ; (b) Recognizing Rayner-Dalheim Employees' Association as the representative of any of its employees for the purpose of dealing with respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work; (c) In any other manner interfering with, restraining or coercing its employees in the exercise of the right to self-organ- ization, 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 or other mutual aid or protection as guaranteed in Section 7 of the Act. 54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action in order to effec- tuate the policies of the Act : (a) Withdraw all recognition from Rayner-Dalheim Em- ployees' Association as the representative of any of its employees for the purpose of dealing with respondent concerning griev- ances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; and completely dis- establish said Rayner-Dalheim Employees' Association as such representative; (b) Post immediately, upon receipt of notice of the Board's approval of this Stipulation and Agreement, in conspicuous places in each department of the plant, notices stating : (1) that respondent will cease and desist, as provided in paragraphs 1 (a), (b) and (c) of the Order; (2) that respondent withdraws all recognition from the Rayner-Dalheim Employees' Associa- tion as a representative of any of its employees and completely disestablishes it as such representative ; (c) Maintain such notices for a period of at least sixty (60) consecutive days from the date of posting; (d) Notify the Regional Director for the Thirteenth Region in writing within ten (10) days from the date of the Board's approval of this Stipulation and Agreement what steps respond- ent has taken to comply therewith. All terms agreed upon are contained within this Stipulation and Agreement, and there is no verbal agreement of any kind which varies, alters or adds to this Stipulation and Agreement. This Stipulation and Agreement is subject to the approval of the National Labor Relations Board. On September 21, 1939, the Board issued an order approving the above stipulation and making it part of the record in this case, and transferring this case to and continuing it before the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the stipulation. Upon the above stipulation and upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE- BUSINESS OF THE RESPONDENT The respondent is an Illinois corporation,.. having its principal office and place of business in Chicago, Illinois. The respondent owns and operates a plant in Chicago, Illinois, where it is engaged in the business of printing, engraving, and lithographing of sheet music, railroad freight tariffs, and miscellaneous printed matter. R'AYNER, DAHLHEIM & CO., INC. 55 Approximately 115 persons are' employed by the respondent during periods of normal business operations. In the course.and conduct of. its business and in • the operation of the plant the respondent causes approximately 50. per cent in dollar value of the materials used by it in the manufacturing, engraving, and printing processes, consisting of paper, ink, plates, zinc, -tools, equipment, presses, manuscripts, . miscellaneous parts, supplies, accessories, and other materials to be ,purchased and transported in interstate commerce from and through States of the United States other than the State of Illinois to, the plant in the State of Illinois. In the course and conduct of its business, and in the operation of the plant, the respondent causes approximately 50 per cent of the sheet music, railroad tariffs, and miscellaneous printing matter designed, engraved, and printed: at. the plant to be. sold and trans- ported in interstate commerce from the plant in the State of Illinois to, into, and through the States of the United States other than the State of Illinois. For '.the fiscal year 1938, the respondent's sales aggregated approximately $350,000. In the course of its business it uses the facilities of common-carrier railroads, express. and truck lines. ' The respondent •,,dmits that it is engaged in interstate commerce and that its operations affect commerce, within the meaning of Sec- tion 2 (6) and -(7) of the Act. ' We find that the above-described business and operations of the respondent constitute a continuous flow of trade, traffic, and com- merce among the several States. II. THE ORGANIZATIONS INVOLVED International Printing Pressmen' and' Assistants'' Union of North America,- affiliated' with the American Federation of Labor, and Rayner-Dalheim Employees', Association, are' labor organizations, within the meaning of Section •2' (5 ),' of the'ACt: ' 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 National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, Rayner, Dalheim & Co., Inc., Chicago, Illinois, and its officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) Dominating and interfering with the administration of Ray- ner-Dalheim Employees' Association; or the formation or adminis- 247:3 83-40-vol. 16--5 56 DECISIONS OF NATIONAL LABOR' RELATIONS BOARD tration of any other labor organization of its employees; or giving financial or other support to Rayner-Dalheim Employees' Associa- tion, or any other labor organization of its employees; (b) Recognizing Rayner-Dalheim Employees' Association as the representative of any of its employees for the purpose of dealing with respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work; (c) In any other manner interfering with, restraining or coercing its employees in the exercise of the right 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 or other mutual aid or protection as guaranteed in Section 7 of the Act. 2. Take the following affirmative action, in order to effectuate the policies of the Act: (a) Withdraw all recognition from Rayner-Dalheim Employees' Association as the representative of any of its employees for the purpose of dealing with the respondent concerning grievances,-labor disputes, wages, rates of pay, hours of employment, or other condi- tions of employment; and completely disestablish said Rayner-Dal- heim Employees' Association as such representative; (b) Post immediately in conspicuous places in each department of its plant, notices stating: (1) That respondent will cease and desist, as provided in paragraphs 1 (a), (b) and (c) of the Order; (2) that respondent withdraws all recognition from the Rayner- Dalheim. Employees' Association as a representative of any of its employees and completely disestablishes it as such representative; (c) Maintain such notices for a period of at least sixty (60) con- secutive days from the date of posting; (d) Notify the Regional Director for the Thirteenth Region in writing within ten (10) days from the date hereof what steps the respondent has taken to comply therewith.