The Universal Engraving & Colorplate Co.

In the Matter of THE UNIVERSAL ENGRAVING & COLORPLATE COMPANY and CLEVELAND PHOTO ENGRAVERS' UNION No. 24, INTERNATIONAL PHOTO ENGRAVERS' UNION OF NORTH AMERICA, AFFILIATED WITH THE A. F. OF L. Case No. C-1093.-Decided February 5, 1940 Colorplate Manufacturing Industry-Settlement : stipulation providing for com- pliance with the Act-Order: entered on stipulation. Mr. Weldon P. Monson, Mr. Bernard R. Brailove, Mr. Harry L. Lodish, and Mr. Max W. Johnstone, for the Board. Shuler, Smith d Freer, by Mr. Charles J. Smith, and Mr. Phillip Kasdan, both of Cleveland Ohio, for the respondent. Orgill, Maschke, Wickham, Duffy ct Loux, by Mr. John H. Orgill, and M. H. Franke Van Lill, of Cleveland, Ohio, and Mr. Joseph A. Padway, of Washington, 'D. C., for the Union. Mr. F. Hamilton Seeley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Cleveland Photo Engravers' Union No. 24, International Photo Engravers' Union of North America, affiliated with the American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighth Region (Cleveland, Ohio), issued its complaint, dated February 18, 1939, against Universal' Engraving & Colorplate Company, Cleveland, Ohio, herein called the respondent, alleging that the respondent had engaged 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. Copies of the complaint and notice of hearing thereon were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged, in substance, that the respondent (1) refused on certain specific dates to bargain collectively with the Union although a majority' if the re- 20 N. L. R. B., No. 15. 158 THE, UNIVERSAL ENGRAVING & GOLORPLATE COMPANY 159 spondent's employees in an appropriate unit had designated the Union as their representative for the purposes of collective bargaining; (2) discharged and refused to reinstate Frank Turek, an employee, be- cause of his affiliation with the Union and.because he engaged in other concerted activities with employees of the respondent for the purposes of collective bargaining and other mutual aid and protec- tion; (3) interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act by (a) in- quiring of prospective employees whether or not they were members and/or were interested in joining the Union; (b) making disparaging remarks regarding the Union, its officers and leaders, for the purpose of discouraging membership therein; (c) urging and advising its employees against joining the Union; (d) urging and advising its apprentices, particularly, against joining the Union; (e) asserting that it would not recognize or deal with the Union if its employees joined it; (f) asserting that it was not necessary to run the plant and that it would not do so if the employees joined the Union; (g) stat- ing that the Union was "like a robber demanding your purse with a gun at your head"; (h) stating that it was willing to meet its em- ployees individually or collectively concerning grievances' but would not deal with an outside union; (i) advising that it was in favor of a union among its employees alone and that it would assist them in forming such a union, and by other acts. On February 27, ,1939, the respondent filed its answer to the com- plaint in which it admitted certain specific allegations concerning the nature of its business but denied the allegations of unfair labor prac- tices and certain other allegations. Thereafter the respondent filed an amended answer in which it alleged that the Union had picketed the respondent's plant and, through threats and violence, interfered with the operation thereof, that an injuction limiting picketing issued by the Common Pleas Court of Cuyahoga County, Ohio, had been violated by the Union and that by said acts the Union had waived and forfeited its rights under the Act. Pursuant to notice, a hearing was held on March 9, 10, 13, 14, 15, 16, 17, and 18, 1939, at Cleveland, Ohio, before Joseph F. Keirnan, the Trial Examiner duly designated by the Board. The respondent, the Union, and the Board were represented by counsel and partici- pated 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 May 26, 1939, the Trial Examiner filed his Intermediate Report, copies of which were duly served upon all parties. He found that the respondent had committed unfair labor practices affecting com- merce within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the Act. He recommended that the respondent cease and 160 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD desist from its unfair labor practices, and, affirmatively,- reinstate Frank Turek to his former position with back pay, and post appro- priate notices. He further recommended that the allegations of the complaint in regard to the respondent's alleged refusal to bargain collectively with the Union be dismissed. On June 10, 1939, the respondent and the Union filed exceptions to the Intermediate Report and requested the privilege of oral argument before the Board. The requests for oral argument are hereby denied. In the stipulation hereinafter set forth, the respondent expressly withdrew its exceptions. In view of the stipu- lation and findings hereinafter set forth, and the Order pursuant thereto, which we find will effectuate the policies of the Act, we find it unnecessary to consider the exceptions to the Intermediate Report filed by the Union. On September 27, 1939, the respondent and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : STIPULATION It is hereby stipulated and agreed between and among Uni- versal Engraving and Colorplate Company, respondent herein; Cleveland Photo Engravers' Union No. 24, International Photo Engravers' Union of North America, affiliated with the Amer- ican Federation of Labor, party herein; and Weldon P. Monson, attorney for the National Labor Relations Board, that : 1. Upon charges duly filed by the Cleveland Photo Engravers' Union of North America, affiliated with the American Federa- tion of Labor, the National Labor Relations Board, by the Regional Director for the Eighth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, and its Rules and Regulations- Series I, as amended, Article IV, Section 1, issued its Complaint on the 18th day of February, 1939, against the Universal Engrav- ing and Colorplate Company, a corporation. II. On or about May 26th, 1939, Joseph F. Keirnan, Trial Examiner, designated to conduct the hearing in the above cause, duly rendered his Intermediate Report after a hearing in which all parties were offered an opportunity to fully partici- pate and be heard, including the calling, examining and cross- examining of witnesses, together with the production of other evidence bearing on the issues thereof. Copies of said Inter- mediate Report were duly served upon all parties to said pro- ceedings. On or about June 10, 1939 the Universal Engraving and Colorplate Company and the Cleveland Photo Engravers' Union No: 24, International Photo Engravers' Union of North America, affiliated with the American Federation of Labor, THE UNIVERSAL ENGRAVING & COLORPLATE COMPANY 161 filed exceptions to the said Intermediate Report with the Na- tional Labor Relations Board. III. The aforesaid Intermediate Report provided, among other things, that the Charge and Complaint with respect to the allegations concerning the respondent's failure or refusal to bar- gain collectively and in good faith with the said Cleveland Photo Engravers' Union No. 24, International Photo Engravers' Union of North America, affiliated with the American Federation of Labor, on June 22, 1937, June 23, 1937, June 24, 1937, June 25, 1937, August 20, 1937, August 25, 1937, August 31, 1937, Sep- tember 13, 1937, September 21, 1937, and at other times, was not sustained by the evidence, and it was recommended in said Intermediate Report that the Complaint be dismissed in respect thereto. IV. Respondent, the Universal Engraving and Colorplate Company, is, and has been, for a long time past, a corporation duly incorporated under the laws of the State of Ohio, having its plant and principal place of business in the City of Cleve- land, State of Ohio, and is now and has been continuously engaged in the production of printing plates which are sub= sequently used by others in the printing of catalogues, booklets, broadsides, magazines, newspapers, and other publications. V. The respondent, the Universal Engraving and Colorplate Company, in the course and conduct of its business causes and has continuously caused a large part of the materials used in, the production of its products to be purchased and transported in interstate commerce from, into and through states of the United States other than the State of Ohio, to its. plant in Cleveland in the State of Ohio, and causes and has continuously caused a large part of the products made by it to be sold and transported in interstate commerce from its plant at Cleveland in the State of Ohio to, into and through states of the United States other than the State of Ohio. Respondent, the Universal Engraving and Colorplate Com- pany, upon the basis of the foregoing, the testimony and other evidence introduced at said hearing before the Trial Examiner, and the findings of fact made by the Trial Examiner in his Intermediate Report, is engaged in interstate commerce within the meaning of the National Labor Relations Act. VI. The Cleveland Photo Engravers' Union No. 24, Inter- national Photo Engravers' Union of North America, is affiliated with the American Federation of Labor and is a labor organi- zation as defined in Section 2, subsection 5, of said Act. VII. Upon this Stipulation, if approved by the National' Labor Relations Board, and upon all proceedings heretofore had 162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in this matter and on the record in this case and all the plead- ings, an Order may forthwith be entered by said Board, which order may be embodied in a Consent Decree (consent thereto being hereby expressly given), and filed with the United States Circuit Court of Appeals for the Sixth Circuit,, without further notice of application for enforcement thereof, providing as follows The respondent, the Universal Engraving and Colorplate Com- pany and its officers, agents, successors and assigns shall: 1. Cease and desist : (a) From in any manner interfering with, restraining, or coercing its employees in the exercise of the right of 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 purposes of collective bargaining or other mutual aid-or protection, as guaranteed under Section 7 of the National Labor Relations Act; (b) From discouraging membership in the Cleveland Photo Engravers' Union No. 24, International Photo Engravers' Union of North America, affiliated with the American Federation of Labor, by discharging or in any other manner discriminating against its employees in regard to the hire or tenure of employ- ment or any condition of employment for the reason that they or any of them joined or assisted the Cleveland Photo Engrav- ers' Union No. 24, International Photo Engravers' Union of North America, affiliated with the American Federation of Labor, or any other labor organization of its employees; 2. Take the following affirmative action to effectuate the poli- cies and purposes of the National Labor Relations Act : (a) Offer immediate and full reinstatement to Frank Turek, its employee, to his former position of employment and without prejudice to his seniority rights and other rights and privileges previously enjoyed by him and make said Frank Turek whole for any loss of pay he has suffered by reason of the respondent's discrimination in regard to the terms and conditions of hire and tenure of his employment by payment to him of a sum of money equal to that which he would normally have earned as wages from the date of his discharge to the date of the offer of rein- statement, less his net earnings during said period. The said offer of reinstatement shall be made by the respondent by reg- istered mail, return receipt requested, and acceptance of said offer shall be made by said Frank Turek within ten (10) days from the receipt thereof, otherwise said offer shall be deemed rejected ; THE. 'UNIVERS'AL -ENGRAVING & 1GOLORPLATE OOMPANY 163 (b) Post immediately notices in conspicuous places through- out the plant in Cleveland, Ohio and maintain such notices for a period of sixty (60) consecutive days from the date of such posting, stating that respondent will cease and desist in the manner aforesaid; (c)' Notify the Regional Director for the Eighth Region, in writing, within ten (10) days from the date of the entry of this Order by the said Board what steps the respondent has taken to comply therewith; (d) That the Complaint be and is hereby dismissed as to the allegations that the respondent refused to bargain collectively and in good faith with the Cleveland Photo Engravers' Union No. 24, International Photo Engravers' Union of North Amer- ica, affiliated with the American Federation of Labor, on June 22, 1937, June 23, 1937, June 24, 1937, June 25, 1937, August 20, 1937, August 25, 1937, August 31, 1937, September 13, 1937, Sep- tember 21, 1937, and at other times, within the meaning of Section 8, Subsection 5, of the National Labor Relations Act. VIII. The respondent, the Universal Engraving and Color- plate Company, and the union, the Cleveland Photo Engravers' Union No. 24, International Photo Engravers' Union of North America, affiliated with the American Federation of Labor, and each of them, do hereby consent to the withdrawal of, and do so hereby withdraw, their Exceptions, and each of them, filed in this matter with the Board and do hereby stipulate that the record may be closed for the purposes of this Stipulation and the entry of the Board's Order together with the filing of the Consent Decree embodying said Order, with the United States Circuit Court of Appeals for the Sixth Circuit, without delay. IX. This Stipulation embodies the entire agreement between the parties, and there is no verbal agreement of any kind which varies, alters, or adds to the Stipulation. X. This Stipulation is subject to the approval of the National Labor Relations Board, and shall become effective immediately upon the granting of such approval by the Board. On October 25, 1939, the Board issued its order approving the above stipulation and making it a part of the record. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Universal Engraving & Colorplate Company, the respondent, is an Ohio corporation having its plant and principal place of business 164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in Cleveland, Ohio. It is engaged in the production of printing plates which are subsequently used by others in the printing of cata- logues, booklets, broadsides, magazines, newspapers, and other publi- cations. A large percentage of the respondent's business is concerned with the furnishing of photoengraving plates used by various com- panies in the printing of advertisements in magazines of Nation- wide circulation, carrying so-called national advertising, and in trade papers and catalogues of national circulation. Other photoengrav- ing plates manufactured by the respondent are used by a publisher whose books and pamphlets are shipped throughout the United States and to Canada and other foreign countries. After the plates are manufactured by, the respondent they are shipped by the respondent on customers' instructions. The principal raw materials used by the respondent are metal plates, chemicals, coloring materials, ink, and wood. The aggregate value of the.raw materials purchased by respondent during the first 6 months of 1937 amounted to $9,723.62. Nine and nine-tenths per cent of such raw materials were purchased.by the respondent outside the State of Ohio and transported from other States into the State of Ohio. During the same period the respondent's gross volume of business amounted to $96,239.07. During the first 6 months of 1937, the respondent, on customers' instructions, shipped approximately 14.5 per cent of its products to points outside the State of Ohio. The products so shipped outside the State were of the aggregate value of $13,978.90. The respondent admits that it is engaged in interstate commerce within the meaning of the Act. We find that the above-described operations of the respondent con- stitute a, continuous 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 National Labor Relations Act, the National Labor Relations Board hereby orders that Universal Engraving & Colorplate Company, Cleveland, Ohio, and its officers, agents, successors and assigns shall : 1. Cease and desist : (a) From in any manner interfering with, restraining, and coercing its employees in the exercise of the right of 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 purposes of collective bargaining or other mutual aid or protection, as guaranteed under Section 7 of the National Labor Relations Act; THE UNIVERSAL ENGRAVING & COLORPLATE COMPANY 165 (b) From discouraging membership in the Cleveland Photo En- gravers' Union No. 24, International Photo Engravers' Union of North America, affiliated with the American Federation of Labor, by discharging or in any other manner discriminating against its em- ployees in regard to the hire or tenure of employment or any condi- tion of employment for the, reason that they or any of them joined or-assisted- the Cleveland Photo Engravers' Union No. 24, Interna- tional Photo Engravers' Union of North America, affiliated with the American Federation of Labor, or any other labor organization of its employees. • 2. Take the following affirmative action to effectuate the policies and purposes of the National Labor Relations Act: (a) Offer immediate and full reinstatement to Frank Turek, its employee, to his former position of employment and without prejudice to his seniority rights and other rights and privileges previously en- joyed by him; and make said Frank Turek whole for any loss of pay he has suffered by reason of the respondent's discrimination in regard to the terms and conditions of hire and tenure of his employment by payment to him of a sum of money equal to that which he would normally have earned as wages from the date of his discharge to the date of the offer of reinstatement, less his net earnings during said period. The said offer of reinstatement shall be made by the respond- ent by registered mail, return receipt requested, and acceptance of said offer shall be made by said Frank Turek within ten (10) days from the receipt thereof, otherwise said offer shall be deemed rejected; (b) Post immediately notices in conspicuous places throughout the plant in Cleveland, Ohio, and maintain such notices for a period of sixty (60) consecutive days from the date of such posting, stating that respondent will cease and desist in the manner aforesaid ; (c) Notify the Regional Director for the Eighth Region, in writing, within ten (10) days from the date of the entry of this Order, what steps the respondent has taken to comply herewith. AND IT IS FURTHER ORDERED that the complaint be and is hereby dismissed as to the allegations that the respondent refused to bargain collectively and in good faith with the Cleveland Photo Engravers' Union No. 24, International Photo Engravers' Union of North America, affiliated with the American Federation of Labor, on June 22, 1937, June 23, 1937, June. 24, 1937, June 25, 1937, August 20, 1937, August 25, 1937, August 31, 1937, September 13, 1937, September 21, 1937, and at other times, within the meaning of Section 8 (5) of the National Labor Relations Act. 283031-41-vol. 20-12