Buffalo Wall Paper Manufacturing Co., Inc.

In the Matter of BUFFALO WALL PAPER MANUFACTURING CO., INC., BUFFALO WASH TRAY, INC., GREAT LAKES INDUSTRIAL SUPPLY AND EQUIPMENT CORPORATION, PAINT AND PAPER MAKERS, INC., BUFFALO WALL CRAFT CO., INC., HYMEN A. BLANCHARD,,JACOB LIVINGSTONE, ARTHUR LIVINGSTONE, NORMAN LIVINGSTONE, AND ROSALIND COHEN and UNITED WALL PAPER CRAFTSMEN AND WORKERS OF NORTH AMERICA Case No. C-1935.-Decided August 02, 1941 Jurisdiction : wall paper manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Edward D. Flaherty, for the Board. Mr. Samuel E. Chasin, of Buffalo, N. Y., for the respondent. Mr. Joseph M. Jacobs, of Chicago, Ill., for the Union. Mr. Dan M. Byrd, Jr., and Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On May 9, 1941, upon charges and amended charges duly filed by United Wall Paper Craftsmen and Workers of North America, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Third Region, Buffalo, New York, issued its complaint against Buffalo Wall Paper Manufacturing" Co., Inc., and Buffalo Wash Tray, Inc., Tonawanda, New York; Great Lakes Industrial Supply and Equipment Cor- poration, Buffalo, New York; Paint and Paper Makers, Inc., Buffalo Wall Craft Co., Inc., and Hymen A. Blanchard, Tonawanda, New York; and Jacob Livingstone, Arthur Livingstone, Norman Living- stone, and Rosalind Cohen, Buffalo, New York, herein called col- lectively 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), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein 34 N. L. R. B., No. 91. 725 451269-42-vol. 34-47 726 DECISIONS OF NATIONAL LABOR RELATIONS BOARD called the Act. Copies of the complaint and notice of hearing were duly served upon the respondents and the Union. On May 24, 1941, the respondents filed an answer , admitting cer- tain allegations relating to the business of the respondents, but denying all allegations of unfair labor practices. Pursuant to notice , a hearing was held at Buffalo, New York, from July 10 through July 15, 1941, before William P. Webb , the Trial Examiner duly designated by the Acting Chief Trial Examiner. The Board, the respondents , and the Union were represented by counsel and participated in the hearing. On July 16, 1941 , the respondents , the Union, and the Board's at- torney entered into a stipulation in settlement of the case , subject to the approval of the Board. The stipulation provides as follows: STIPULATION IT IS HEREBY STIPULATED AND AGREED by Buffalo Wall Paper Manufacturing Co., Inc., Buffalo Wash Tray, Inc., Great Lakes Industrial Supply and Equipment Corporation, Paint and Paper Makers, Inc., Buffalo Wall Craft Co., Inc., Hymen A. Blanchard, Jacob Livingstone, Arthur Livingstone, Norman Livingstone and Rosalind Cohen (hereinafter called the Respondents), United Wall Paper Craftsmen and Workers of North America by Joseph M. Jacobs, its attorney, and Edward D. Flaherty, Attorney, National Labor Relations Board, as follows : I. Upon charges and amended charges filed on the 20th day of April, 1940, and the 24th day of April, 1940, respectively, the National Labor Relations Board (hereinafter called the Board) by the Regional Director for the Third Region, issued its com- plaint and notice of hearing, dated the 9th day of May, 1941, against the Respondents, the complaint alleging that the Respond- ents are engaged in and were engaged in unfair labor practices af- fecting commerce within the meaning of Section 8 (1), (3), and (5) and Section 2, subdivision (6) and (7) of the National Labor Relations Act, 49 Stat. 449, (herein called the Act). The Re- spondents duly filed their answer, admitting the material al- legations of the complaint as to the nature of the business of the Respondents but denying that they had committed the un- fair labor practices alleged therein. Pursuant to the notice of hear- ing above referred to, a hearing was held from July 10 through July 15, 1941 before William P. Webb, the Trial Examiner duly designated by the Board. II. Respondent Buffalo Wall Paper Manufacturing Co., Inc., is a corporation duly organized and existing under and by vir- tue of the Laws of the State of New York and for a long time BUFFALO WALL PAPER MANUFACTURING CO. 727 prior to the filing by it of a certificate of dissolution with the De- partment of State of the State of New York on the 22nd day of December, 1939, was engaged in the City of Tonawanda, New York (hereinafter referred to as the Tonawanda, New York plant) in the manufacture, sale and distribution of wall paper. Respondent Hymen A. Blanchard was the president and sole stockholder of the Respondent Buffalo Wall Paper Manufacturing Co., Inc. III. The principal raw materials used by the Respondent Buf- falo Wall Paper Manufacturing Co., Inc. at the Tonawanda, New York plant were : wall paper printing raw stock, colors and other raw materials used by it in the manufacture of wall paper. During the period from January 1, 1939 to December 22, 1939, the value of the raw materials used by the Respondent Buffalo Wall Paper Manufacturing Co., Inc. amounted to approximately $100,000, all of which was shipped to the Respondent from within the, State of New York. IV. During the same period, Respondent Buffalo Wall Paper Manufacturing Co., Inc. manufactured at the Tonawanda, New York plant finished products valued at over $150,000, of which 80% was shipped to points outside the State of New York. V. That Respondent Buffalo Wash Tray, Inc. is and has been since the 25th day of January, 1926, a corporation duly organ- ized and existing under and by virtue of the Laws of the State of New York, and has since on or about the 25th day of January, 1926 owned certain real estate located in the City of Tonawanda, New York, part of which is used and occupied by the Tona- wanda, New York plant. Respondent Hyman A. Blanchard is the sole stockholder of all the issued stock of the Respondent Buffalo Wash Tray, Inc. and Hymen A. Blanchard is president, treasurer and director and Dorothy E. L. Blanchard (wife of Respondent Hymen A. Blanchard) is secretary and director. VI. Respondent Great Lakes Industrial Supply and Equip- ment Corporation is and has been since the 22nd day of April, 1935, a corporation duly organized and existing under and by virtue of the Laws of the State of New York and was the owner of certain machinery used by the Buffalo Wall Paper Manufac- turing Co., Inc. in the manufacture of wall paper referred to in paragraph II above, and the same machinery was used by Paint and Paper Makers, Inc. in the manufacture of wall paper re- ferred to in paragraph VII below. Respondent- Norman Living= stone was and is the sole owner of all of the issued stock of Respondent Great Lakes Industrial Supply and Equipment Cor- poration and Milton J. Blanchard (brother of Respondent Hy- men A. Blanchard) is president, treasurer and director, Respond- 728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ent Norman Livingstone, vice-president and director, and Mary T. Bell (formerly Mary Tschaepe) is secretary and' director. VII. Paint and Paper Makers, Inc. is a corporation duly or- ganized and existing under and by virtue of the Laws of the State of New York, and has since the 29th day of December, 1939, been engaged in the manufacture, as contractors, of wall paper atthe Tonawanda, New York plant. VIII. The principal raw materials used by the Respondent Paint and Paper Makers, Inc. at the Tonawanda, New York plant are : wall paper printing raw stock, colors, and other raw materials used by it in the manufacture of wall paper. IX. During the period from January 1, 1940 to December 31, 1940, the value of the raw materials used by the Respondent Paint and Paper Makers, Inc. amounted to approximately $75,000, none of which was delivered to the Tonawanda, New York plant from points outside the State of New York. X. During the same period, Respondent Paint and Paper Makers, Inc. manufactured at the Tonawanda, New York plant finished products valued at approximately $100,000. All of the paper so manufactured was sold and delivered to the Buffalo Wall Craft Co., Inc. and 75% was shipped to points outside the State of New -York. XI. Respondents Jacob Livingstone, Arthur Livingstone and Rosalind Cohen own jointly all of the stock of Respondent Paint and Paper Makers, Inc. Jacob Livingstone is president, treas- urer and director, Arthur Livingstone is vice president, secretary and director, and Rosalind Cohen is a director. XII. Respondent Buffalo Wall Craft Co., Inc. is and has been since the 20th day of December, 1939, a corporation duly organ- ized and existing under and by virtue of the Laws of the State of New York, and since said date has been engaged in the jobbing of wall paper manufactured by the Respondent Paint and Paper Makers, Inc., XIII. During the period from January 1, 1940 to December 31, 1940 the Respondent Buffalo Wall Craft Co., Inc. sold and delivered wall paper manufactured by Paint and Paper Makers, Inc., as set forth in paragraph IX above, to the value of over $150,000, of which 75% was shipped to points outside the State of -New York. XIV. Respondent Hymen A. Blanchard is the sole owner of all the issued stock of Respondent Buffalo Wall Craft Co., Inc. and Hymen A. Blanchard is president, treasurer and director, Milton J. Blanchard, his brother, is vice president, secretary and director, and Mrs. Mary T. Bell (formerly Mary Tschaepe) is assistant secretary and director of the said corporation. BtTFFALO WALL PAPER MANUFACTURING Co. 729 XV. Respondents Jacob Livingstone, Arthur Livingstone and Norman Livingstone are brothers of Rosalind Cohen and Dorothy E. L. Blanchard, and Respondent Hymen A. Blanchard is the husband of Dorothy E. L. Blanchard. XVI. United Wall Paper Craftsmen and Workers 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. XVII. All of the parties hereto agree that the production and maintenance employees of the Tonawanda, New York plant, ex- clusive of foremen and supervisory employees, constitute a unit of employees appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act. Prior to and on or about the 22nd day of May, 1939, and at all times there- after, the majority of the employees in said unit designated the union as their representative for purposes of collective bargain- ing in regard to wages, hours of employment and other condi- tions of employment. XVIII. All of the parties hereto agree that paragraph 6 of the complaint be amended by adding after the word "plant" in line 6, the following : "and employ the same supervisory per- sonnel"; and that paragraph 12 of the complaint be amended by striking therefrom in line 2 the word "machinery" and sub- stitute therefor the word "premises." XIX. Respondents herewith withdraw their answer hereto- fore filed and the Respondents and each of them admit each and every allegation contained in paragraph 6 and paragraphs 9 through 27, inclusive, of the complaint, and further admit that they and each of them are engaged in interstate commerce within the meaning of Section 2, subsections (6) and (7) of the Act. XX. All parties hereto agree that the amended charge, com- plaint and notice of hearing, referred to in paragraph I above, and this stipulation, shall constitute the entire record in this proceeding and that said documents shall become the record herein by filing with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C. - XXI. All parties hereto expressly waive the right to the tak- ing of further testimony in this matter and agree to the mak- ings of findings of fact and conclusions of law by the National Labor Relations Board; and expressly agree and consent that the National Labor Relations Board may forthwith enter an order providing as follows : The Respondents Buffalo Wall Paper Manufacturing Co., Inc., Buffalo Wash Tray, Inc., Great Lakes Industrial Supply 730 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and Equipment Corporation, Paint and Paper Makers, Inc., Buffalo Wall Craft Co., Inc., Hymen A. Blanchard, Jacob Livingstone, Arthur Livingstone, Norman Livingstone and Rosalind Cohen, their officers, agents, successors and assigns shall : 1. Cease and desist from : "(a) Discouraging membership in United Wall Paper Craftsmen and Workers of North America or any other labor organization of their employees by discriminating in regard to hire or tenure of employment, or any other term or con- dition of employment; (b) Refusing to bargain collectively with United Wall Paper Craftsmen and Workers of North America as the exclusive representative of all the production and main- tenance employees, excluding foremen and supervisory em- -ployees, at the Tonawanda, New York plant; (c) In any other manner interfering with, restraining or coercing their employees in the exercise of their right to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to en- gage in concerted activities for the purposes 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 which the Board finds will effectuate the policies of the Act : (a) Offer to the individuals listed in Appendix A immedi- ate and full reinstatement to their former position without prejudice to their seniority or other rights and privileges; (b) Make whole the individuals listed in Appendix A for any loss of pay they may have suffered by paying over to each of them 45% of the sum set out opposite their .names within ten days from the approval of this stipulation by the Board, and the balance on or before the 20th day of October, 1941; (c) On request bargain collectively with United Wall Paper Craftsmen and Workers of North America as the ex- clusive representative of all production and maintenance employees at the Tonawanda, New York plant of the Re- spondents, except foremen and supervisory employees, with respect to wages, rates of pay, hours of employment and other conditions of employment; and if an understanding is reached on such matters, embody such understanding in a written signed agreement if requested to do so by United Wall Paper Craftsmen and Workers of North America. BUFFALO WALL PAPER MANUFACTURING CO. 731 (d) Immediately post notices in conspicuous places throughout the Tonawanda, New York plant of the Respond- ents and maintain such notices for a period of sixty (60) consecutive days from the date of posting, stating : (1) That the Respondents will not engage in the con- duct from which they are ordered to cease and desist in paragraphs 1 (a), (b) and (c) of this Order; (2) That the Respondents will take the affirmative action set forth in paragraph 2 (a), (b) and (c) of this Order; and (3) That Respondents' employees are free to-become or remain members of United Wall Paper Craftsmen and Workers of North America, and Respondents will not dis- criminate against any employee because of membership or activity in that organization or any other organization. (e) Notify the Regional Director for the Third Region in writing within ten (10) days from the date of this Order of the steps Respondents have taken to comply therewith. It is further ordered that the complaint as to Joseph Grosz, Sam Cutajar and Henry Howard be dismissed. APPENDIX A Joseph Metzgar_______________ $ 75.00 Alec Gromoziak______________ $330.00 Rutherford Woodcock --------- 35.00 Walter Gybrocki______________ 85.00 Michael Czamara_____________ 125.00 Merit Kohn------------------ 75.00 William Midgeon------------ 170. 00 Harold Corson ---------------- 70.00 Julius Krieger_ _______________ 95 00 Matthew Czamara------------ 125.00 Henry Kwiecien______________ 260.00 John Swatek----------------- 130.00 Stanley Duda___________ _____ 10.00 Frank Sliwa----------------- 15.00 XXII. The parties hereto consent to the entry by any U. S. Circuit Court of Appeals of an enforcement order embodying the terms of the Board's Order agreed to above, and all parties hereby waive further notice of the application for and- the entry of such court order. XXIII. All stipulations herein made are subject to the ap- proval of the National Labor Relations Board and should the National Labor Relations Board fail to approve the terms and conditions contained herein, this stipulation shall be entirely void and of no effect. XXIV. The entire agreement of the parties hereto is contained within this stipulation and there is no other agreement, verbal or written, which in any way varies or alters the agreement contained herein. 732 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD On July 24, 1941, the Board, having duly considered the matter, issued its order approving the stipulation and transferring the case to the Board for the purpose of entry of a decision and order by the Board, pursuant to the provisions of the stipulation. On 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 RESPONDENTS The respondent Buffalo Wall Paper Manufacturing Co., Inc., is a New York corporation and for a long time prior to the filing of a certificate of dissolution with the Department of State of the State of New York on December 22,1939, was engaged in the manufacture, sale, and distribution of wall paper at a plant in Tonawanda, New York, herein called the Tonawanda plant. During the period from Janu- ary 1, 1939, to December 22, 1939, products finished at the plant amounted to $150,000 in value, of which 80 per cent were shipped outside the State of New York. The respondent Hymen A. Blanchard was president and sole stockholder of the corporation. The respondent Buffalo Wash Tray, Inc., is a New York corpora- tion owning certain real estate in Tonawanda, New York, part of which is occupied by the Tonawanda plant. Hymen A. Blanchard is president, treasurer, director, and sole stockholder of all issued stock, and Dorothy E. L. Blanchard, his wife, is secretary and director of said corporate respondent. The respondent Great Lakes Industrial Supply and Equipment Cor- poration is a New York corporation and owns machinery used by the respondent Buffalo Wall Paper Manufacturing Co., Inc., in the manu- facture of wall paper described above. Such machinery was also used by the respondent Paint and Paper Makers, Inc.; in the manu- facture of wall paper referred to below. The respondent Norman Livingstone is the sole owner of all issued stock of the respondent Great Lakes Industrial Supply and Equipment Corporation. Milton J. Blanchard, brother of the respondent Hymen A. Blanchard, is president, treasurer, and director of the corporation, the respondent Norman Livingstone, vice president and director, and Mary T. Bell (formerly Mary Tschaepe), secretary and director. The respondent Paint and Paper Makers, Inc., is a New York corporation engaged as contractor, since December 29, 1939, in the manufacture of wall paper at the Tonawanda plant. During the year 1940, products finished at the plant were valued at approximately $100,000, all of which'were sold and delivered to the respondent Buffalo Wall Craft Co., Inc., and 75 per cent of which were shipped to points BUFFALO WALL PAPER MANUFACTURING CO. 733 outside the State of New York. All stock in the respondent Paint and Paper Makers, Inc., is jointly owned by the respondents Jacob Livingstone, Arthur Livingstone, and Rosalind Cohen. Jacob Livingstone is president, treasurer, and director, Arthur Livingstone vice president,-secretary, and director, and Rosalind Cohen, director. The respondent Buffalo Wall Craft Co., Inc., is and has been since December 20, 1939, a New York corporation engaged in the jobbing of wall paper manufactured by the respondent Paint and Paper Makers, Inc. During 1940, the respondent Buffalo Wall Craft Co., Inc., sold and delivered wall paper manufactured by the respondent Paint and Paper Makers, Inc., as set forth above, 75 per cent of which was shipped to points outside the State of New York. The respondent Hymen A. Blanchard is sole owner of all issued stock of the respondent Buffalo Wall Craft Co., Inc., and president, treasurer, and director of,said respondent. Milton J. Blanchard, his brother, is vice president, secretary, and director and Mary T. Bell (formerly Mary Tschaepe) is assistant secretary and director. The respondents Jacob Livingstone, Arthur Livingstone, and Norman Liv- ingstone are brothers of the respondent Rosalind Cohen and Dorothy E. L. Blanchard, wife of the respondent Hymen A. Blanchard. The respondents admit that they and each of them are engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. On the basis of the whole record, we find that the above-described operations of the respondents constitute a single integrated enterprise and a continuous flow of trade, traffic, and commerce among the sev- eral States. II. THE ORGANIZATION INVOLVED United Wall Paper Craftsmen and Workers of North America is a labor organization affiliated with the American Federation of Labor. ORDER Upon the above findings of fact, the stipulation, and the entire rec- ord in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Buffalo Wall Paper Manufacturing Co., Inc., and Buffalo Wash Tray, Inc., Tonawanda, New York; Great Lakes Industrial Supply and Equipment Corporation, Buffalo, New York; Paint and Paper Makers, Inc., Buffalo Wall Craft Co., Inc., and Hymen A. Blanchard, Tona- wanda, New York; and Jacob Livingstone, Arthur Livingstone, Nor- man Livingstone, and Rosalind Cohen, Buffalo, New York, their offi- cers, agents, successors, and assigns shall : 1, Cease and desist from : 734 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (a) Discouraging membership in United Wall Paper Craftsmen and Workers of North America or any other labor organization of their employees by discriminating in regard to hire or tenure of em- ployment, or any other term or condition of employment ; (b) Refusing to bargain collectively with United Wall Paper Craftsmen and Workers of North America as the exclusive repre- sentative of all the production and maintenance employees, excluding foremen and supervisory employees, at the Tonawanda, New York plant; - (c) In any other manner interfering with, restraining or coercing their employees in the exercise of their right 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 in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Offer to the individuals listed in Appendix A immediate and full reinstatement to their former position without-prejudice to their, seniority or other rights and privileges; (b) Make whole the individuals listed in Appendix A for any loss of pay they may have suffered by paying over to each of them 45% of the sum set out opposite their names within ten days from the approval of this stipulation by the Board, and the balance on or before the 20th day of October, 1941; (c) On request bargain collectively with United Wall Paper Crafts- men and Workers of North America as the exclusive representative of all production and maintenance employees at the Tonawanda, New York plant of the Respondents, except foremen and supervisory em- ployees, with respect to wages, rates of pay, hours of employment and other conditions of employment; and if an understanding is reached on such matters, embody such understanding in a written signed agree- ment if requested to do so by United Wall Paper Craftsmen and Workers of North America ; (d) Immediately post notices in conspicuous places throughout the Tonawanda, New York plant of the Respondents and maintain such notices fora period of sixty (60) consecutive days from the date of posting, stating : (1) That the Respondents will not engage in the conduct from which they are ordered to cease and desist in paragraphs 1 (a), (b) and (c) of this Order; (2) That the Respondents will take the affirmative action set forth in paragraph 2 (a), (b) and (c) of this Order; and BUFFALO WALL PAPER MANUFACTURING CO . 735 (3) That Respondents' employees are free to become or remain members of United Wall Paper Craftsmen and Workers of North America, and Respondents will not discriminate against any employee because of membership or activity in that organization or any other organization; (e) Notify the Regional.Director for the Third Region in writing within ten (10) days from the date of this Order of the steps Respond- ents have taken to comply therewith. IT IS FURTHER ORDERED that the complaint as to Joseph Grosz, Sam Cutajar, and Henry Howard be dismissed. MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Order. APPENDIX A Joseph Metzger_______________ $75.00 Alec Gromoziak______________ $330.00 Rutherford Woodcock--------- 35.00 Walter Gybrocki_____________ 85.00 Michael Czamara _____________ 125., 00 Merit Kohn_________________ 75.00 William Midgeon_____________ 170. 00 Harold Corson_______________ 70.00 Julius Krieger________________ 95.00 Matthew Czamara ___________ 125.00 Henry Kwiecien______________ 260.00 John Swatek________________ 130.00 Stanley Duda____ _____________ 10.00 Frank Sliwa____________ ____ 15.00