Southern Printing and Publishing Co.

In the Matter of SOUTHERN PRINTING AND PUBLISHING COMPANY and INTERNATIONAL TYPOGRAPHICAL UNION, CHARLESTON TYPOGRAPHICAL UNION No. 43 Case No. C-1625.-=Decided July 15, 1940 Jurisdiction : printing industry. Settlement : stipulation providing for compliance with the Act. Remedial Order : entered on stipulation. Mr. John C. McRee, for the Board. Stoney, Crossland ct Pritchard, by M2. Edward K. Pritchard, of Charleston, S. C., for the respondent. Mr. G. A. Gilchrist, of -Charleston, S. C., for the Union. Mr. Louis Colvin, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Typographical Union, Charleston Typographical Union No. 43, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Tenth Region (Atlanta, Georgia), issued its complaint dated June 3, 1940, against Southern Printing and Publishing Company, Charleston, South Carolina, herein called the respondent, alleging that the respondent had engaged m and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and accompanying notices of hearing were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged, in substance, (1) that the respondent advised its employees to withdraw from or refuse to become members of the Union; (2) that the respond- ent threatened its employees with lay-offs or discharges if they en- gaged in activities in behalf of the Union; (3) that the respondent made statements derogatory to the Union; (4) that the respondent 25 N. L. R. B., No. 51. 379 380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD terminated the employment of William Frederick on or about Febru- ary 3, 1940, and refused to reinstate him because he joined the Union and engaged in concerted activities for his mutual aid and protection; and (5) that by these and other acts the respondent interfered with, restrained, and coerced its, employees in the exercise of rights guaran- teed in Section 7 of the Act. On June 13, 1940, the respondent filed an answer denying the allegations of unfair labor practices in the complaint. Prior to a hearing, the respondent, the Union, and counsel for the Board entered into a stipulation dated June 15, 1940. The stipulation provides as follows : Charges and amended charges having been filed with Charles N. Feidelson, Regional Director, National Labor Relations Board, Tenth Region, complaint was issued and served on all parties wherein and whereby it was alleged that the respondent engaged in unfair labor practices in violation of Section 8, sub-sections (1) and (3) of the National Labor Relations Act (49 Stat. 449). All parties hereto acknowledge service of the Complaint, Notice of Hearing, Amended Charge and copy of National Labor Rela- tions Board Rules and Regulations, Series 2, as amended. The respondent, Southern Printing and Publishing Company, filed its Answer to the Complaint on June 13, 1940, wherein it denied that it had engaged in the unfair labor practices alleged in the Complaint. It being the intention of the parties to dispose of the matters which have arisen, it is hereby stipulated and agreed by and among Southern Printing and Publishing Company (hereinafter called the respondent) by its attorneys, Stoney, Crosland & Pritchard, by Edward K. Pritchard ; the International Typo- graphical Union, Charleston Typographical Union No. 43 (hereinafter called the union) by its President, G. A. Gilchrist; and by John C. McRee, Attorney for the National Labor Relations Board as follows : I Southern Printing and Publishing Company is a corporation organized and existing under the laws of the State of South Carolina, having its principal office and place of business in the City of Charleston, County of'Charleston, State of South Caro- lina. It is engaged in the printing, binding and publishing of books, directories, stationery, forms and other literature. The principal raw materials used by the respondent are paper, lead and ink. During the year 1939 the value of the products used SOUTHERN PRINTING AND PUBLISHING COMPANY 381 by the respondent was approximately Twelve Thousand Dollars ($12,000), forty (40) per cent of which was obtained from states other than the State of 'South Carolina. - - During the same year the plant's products were valued at approximately Fifty-Six Thousand Dollars ($56,000), of which about twenty (20) per cent was sold and shipped to customers residing in states other than the state of South Carolina. The average number of employees in respondent's plant during the year 1939 was twenty-five (25). Respondent admits for the purpose of this proceeding that it is engaged in interstate commerce within the meaning of Section 2, sub-sections (6) and (7) of the said National Labor Relations Act. II All parties hereto waive all further and other procedure pro- vided by the National Labor Relations Act, or the Rules and Regulations of the National Labor Relations Board, including the taking of testimony and the making of findings of fact and conclusions of law. III This Stipulation, together with the amended charge, Complaint, Notice of Hearing, and postponements thereof, Answer and Rules and Regulations of National Labor Relations Board, Series 2, as amended, may be introduced in evidence by filing them with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C., and shall constitute the record in this case. • IV Respondent agrees to make whole William Frederick for any loss of pay he has suffered by reason of his alleged discrimina- tory discharge by paying to fiim the sum of Three Hundred and Fifty Dollars ($350.00). It is understood and agreed that the payment of this sum is in full satisfaction of any and all claims that the said William Frederick may have because of any matter set forth in the Complaint in this proceeding. V On the basis of the facts stipulated in paragraph I above, the pleadings and the record described in paragraph III above, this stipulation, and by agreement of the parties hereto, the National Labor Relations Board may enter its order in the following form in the above entit led case : 382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER The National Labor Relations Board hereby orders that South- ern Printing and Publishing Company, its officers, agents, successors and assigns, shall : 1. Cease and desist from : (a) Discouraging membership in the International Typo- graphical Union, Charleston Typographical Union No. 43, the International Printing Pressmen and Assistants Union of North America, or any other labor organization of its employees by laying off, discharging, refusing to reinstate or in any other manner discriminating in regard to the hire or tenure of em- ployment of its employees because of membership or activity in connection with any such labor organization; (b) In any manner interfering with, restraining or coercing its employees in the exercise of the rights of its employees 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 National Labor Relations Act. 2. Take the following affirmative action to effectuate the policies of the Act. (a) Make whole William Frederick for the loss of pay he has suffered by being discharged by payment to him of the sum of Three Hundred Fifty ($350 00) Dollars; (b) Post immediately in conspicuous places in its plant, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its' employees stating : (1) that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this order; (2) that the respondent will take the affirmative action set forth in paragraphs 2 (a) and (b) of this order; (c) Notify the Regional Director of the Tenth Region in writing within ten (10) days from the date of this order of the steps respondent has taken to comply herewith. VI The respondent hereby consents to the entry by the United States Circuit Court of Appeals for the appropriate circuit, upon application of the Board of a consent decree enforcing an order of the Board in the form hereinabove set forth, and hereby waives further notice of the application for such decree. SOUTHERN PRINTING 9ND PUBLISHING COMPANY VII 383 It is understood and agreed that this stipulation embodies the entire agreement between the parties and there is no verbal agree- ment of any kind which varies, alters or adds to this stipulation. VIII It is understood and agreed further that this stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon receipt of notice granting such approval. On June 24, 1940, the Board issued an order approving the above stipulation, making it apart of the record, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, transferring the case to the Board for the purpose of entry of a decision and order pursuant to the provi- sions of the stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Southern Prmting and Publishing Company is a South Carolina corporation having its principal office and place of business-in Charles- ton, South Carolina, where it is engaged in the printing, binding, and publishing of books, directories, stationery, forms, and other litera- ture. During 1939 the respondent purchased raw materials valued at approximately $12,000, 40 per cent of which were shipped to it from points outside the State of South Carolina. During the same period, the respondent manufactured products valued at approxi- mately $56,000, 20 per cent of which were shipped by it to points outside the State of South Carolina. The respondent employs approximately 25 employees. It admits that it is engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact and 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 384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD hereby orders that the respondent, Southern Printing and Publishing Company, Charleston, South Carolina, its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the International Typographical Union, Charleston Typographical Union No. 43, and International Printing Pressmen and Assistants Union of North America, or any other labor organization of its employees, by laying off, discharging, refusing to reinstate or in any other manner discriminating in regard to the hire or tenure of employment of its employees because of membership or activity in connection with any such labor organization; (b) In any manner interfering with, restraining, or coercing its employees in the exercise of the rights of its employees 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 National Labor Relations Act. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Make whole William Frederick for the loss of pay he has suf- fered by being discharged by payment to him of the sum of Three Hundred Fifty ($350.00) Dollars; (b) Post immediately in conspicuous places in its plant, and main- tain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating (1) that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this Order; and (2) that the respondent will take the affirmative action set forth in paragraphs 2 (a) and (b) of this Order; (c) Notify the Regional Director for the Tenth Region in writing within ten (10) days from the date of this Order of the steps the respondent has taken to comply herewith. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Decision and Order.