Lake Shore Photo Engraving Co., Inc.

In the Matter of LAKE SHORE PHOTO ENGRAVING CO., INC. and CHI- CAGO PHOTO-ENGRAVERS UNION, LOCAL No. 5, AFFILIATED WITH A. F. OF L. Case No. C-20037. -Decided January 8, 1942 Jurisdiction : engraving plates manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Russell Packard, for the Board. Mr. Marsluall Solberg, of Chicago, Ill., for the respondent. Mr. Ernest R. Loewy, of Chicago, Ill., for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On November 28, 1941, upon charges and amended charges duly filed by Chicago Photo-Engravers Union, Local No. 5, affiliated with the A. F. of L., herein called the Union, the National Labor Rela- tions Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chicago, Illinois), issued its complaint against Lake Shore Photo Engraving Co., Inc., Chicago, Illinois, 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) 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 notice of hearing were duly served upon the respondent and the Union. Pursuant to notice, a hearing was held at Chicago, Illinois, on December 18 and 19, 1941, before Will Maslow, the Trial Examiner ,duly designated by the Chief Trial Examiner. The Board and the respondent were represented by counsel, the Union by a representative and all participated in the hearing. On December 19, 1941, the respondent, the Union, and the attorney for the Board entered into a stipulation in settlement of the case, 38 N. L. R. B., No. 18. 77 78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD subject to the approval of the Board. The stipulation provides as follows : STIPULATION It is hereby stipulated and agreed by and between Lake Shore Photo-Engraving Co., Inc., hereinafter referred to as "respond- ent", Chicago Photo-Engravers Union, Local No. 5, affiliated with the A. F. of L., hereinafter referred to as the "union", and Russell Packard, attorney, National Labor Relations Board, hereinafter referred to as the "Board", that : I Upon charges and amended charges duly filed by the union the Board, by Charles A. Graham, Regional'Director for the Thir- teenth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, hereinafter referred to as the "Act", and acting pursuant to its Rules and Regulations, Series 2, as amended, issued its Complaint and Notice of Hearing on November 28, 1941, against respondent. Thereafter, upon request of respondent, the Regional Director issued an order continuing the hearing until December 18, 1941. Pursuant to due notice, a hearing was conducted before Will Maslow, the Trial Examiner duly designated by the Board, at Chicago, Illinois, on December 18 and 19, 1941. During the pres- entation of the Board's case the hearing was recessed to enable the parties to endeavor to reach an amicable settlement of the issues herein. On December 19, 1941, the hearing was closed sub- ject to approval by the Board of this stipulation and agreement. II Respondent and the union acknowledge, due and timely service of the Complaint, Notice of Hearing, First Amended Charge, Order Continuing Hearing and a copy of the Board's Rules and Regulations, Series 2, as amended, and expressly waive further pleadings, further hearing, and the making of findings of fact and conclusions of law by the Board. III Respondent concedes that its operations affect commerce within the meaning of Sections 2 (6) and (7) of the Act. IV The union is a labor organization within the meaning of Sec- tion 2 (5) of the Act. LAKE SHORE PHOTO ENGRAVING CO., INC. 79 V This stipulation , together with the First Amended Charge, Complaint, Notice of Hearing, a copy of the Board's Rules and Regulations, Series 2, as amended, Affidavit of Service of the aforesaid documents , Charge, Order Continuing Hearing, to- gether with Affidavit of Service thereof, certified copy of the Order designating the Trial Examiner, together with a Stipula- tion entered into on November 13, 1941 between respondent and Russell Packard, attorney , National Labor Relations Board, concerning the interestate operations of respondent , said docu- ments having been received in evidence at the hearing ' as Board's Exhibits 1, 2, and 3, may be filed with the Chief Trial Examiner of the Board at Washington, D. C. and when so filed shall con- stitute the entire record in this case . The parties specifically agree that with the exception of Board's Exhibits 1, 2, and 3, the transcript of the testimony taken before the Trial Examiner shall 'be excluded from the record herein. VI Respondent denies that it has committed any unfair labor prac- tices as alleged in the complaint herein, and the union asserts that respondent did engage in such unfair labor practices. It being the desire of the parties amicably to conclude all proceed- ings before the Board in this case, it is further stipulated and agreed that upon the entire record in this case as provided in Paragraph V above, without any finding that said unfair labor practices have been committed, and with the further understand- ing that nothing herein contained shall be construed to authorize any union organizing activity in respondent's place of business or during respondent's working hours, an order may be forth- with entered by the Board providing as follows: 1. The respondent, Lake Shore Photo-Engraving Co., Inc., its officers, agents, successors, and assigns, shall not : (a) In any manner interfere with, restrain, or coerce its em- ployees in the exercise of their 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 National Labor Relations Act; (b) Discourage membership in Chicago Photo-Engravers Lo- cal No. 5, affiliated with the A. F. of L., or any other labor organization of its employees by discharging, demoting or re- fusing to reinstate any of its employees because of membership 80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD or activity in any such labor organization , or because of the exer- cise by any of its employees of their right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection; 2. The respondent, Lake Shore Photo-Engraving Co., Inc., its officers , agents, successors and assigns shall take the following affirmative action to effectuate the policies of the Act: (a) Reinstate Louis Guastaferri to his former position without loss of any rights or privileges previously enjoyed by him as soon as he is physically able to perform his duties , provided, how- ever, that said Guastaferri applies for reinstatement within sixty (60) days from the date hereof , and provided further that no employee of respondent shall be displaced, demoted or laid off because of such reinstatement; (b) Make whole Louis Guastaferri for all losses of pay result- ing from his loss of employment by payment to him of the sum of one hundred fifty dollars ($150.00) ; (c) Pay to Peter Donlan the sum of one hundred fifty dollars ($150.00 ) in lieu of reinstatement and all back pay to which he might be entitled by reason of his discharge; (d) Post immediately in conspicuous places throughout its plant, and maintain for a period of at least sixty (60) consecutive days from the date of the posting, notices stating that the re- spondent will not engage in the activities set forth in Section 1 (a) and (b) above and will take the aforesaid affirmative action and that respondent's employees are free to become or remain members of Chicago Photo-Engravers Union, Local No. 5 , affiliated with the A. F. of L., and that respondent will not discriminate against any employee because of membership or activity in said organi- zation ; (e) Notify the Regional Director for the Thirteenth Region, in writing, within ten (10 ) days from the date of this Order what steps the respondent has taken to comply herewith. VII The parties hereto consent to the entry by any United States Cir- cuit Court of Appeals of an enforcement order embodying the terms of the Board's order as agreed to above, and all parties hereby waive further notice of the application for and the entry of said Court order. VIII This stipulation is made subject to the approval of the Board and shall become effective immediately upon the granting of such approval. LAKE SHORE PHOTO ENGRAVING" iCO., INC. 81 IX This stipulation contains the entire agreement between the par- ties, there being no agreement of any kind, verbal or otherwise, which varies, alters, or adds to this stipulation. On December 23, 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 an 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 RESPONDENT Lake Shore Photo Engraving Co., Inc., is engaged in the manu- facture, sale, and distribution of engraving plates for the printing and allied trades at Chicago, Illinois. The principal raw materials used by the respondent are wood blocks, copper and zinc sheets, nitric acid, iron chloride, and other chemicals. During the year ending Janu- ary 31, 1941, the respondent purchased all such raw materials, valued in excess of $12,000, from supply houses within Illinois, who in turn obtained a substantial part of such materials from sources outside Illinois: During the same period, the total sales of the respondent's products were in excess of $60,000, of which sum 1 per cent represented products shipped to points outside Illinois. The remaining portion of such products were delivered to customers within Illinois, who were engaged in the manufacture, sale, and distribution of catalogs, adver- tising specialties, periodicals, etc. Using engraving plates manufac- tured by the respondent as an essential step in the manufacture of their printed goods, such customers produced, during the same fiscal period, goods valued substantially in excess of $100,000, of which sum 35 per cent represented products shipped to points outside Illinois. The respondent admits that it is engaged in commerce within the meaning of the Act. We find that the above-described operations of the respondent consti- tute 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 : 438861-42-vol. 38-7 82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1. The respondent, Lake Shore Photo-Engraving Co., Inc., its offi- cers, agents, successors, and assigns, shall not : (a) In any manner interfere with, restrain, or coerce its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representa- tives 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; (b) Discourage membership in Chicago Photo-Engravers Local No. 5, affiliated with the A. F. of L., or any other labor organization of its employees by discharging, demoting or refusing to reinstate any of its employees because of membership or activity in any such labor organization, or because of the exercise by any of its employees of their right to engage in concerted activities for the purpose of collec- tive bargaining or other mutual aid or protection; 2. The respondent, Lake Shore Photo-Engraving Co., Inc., its offi- cers, agents, successors and assigns shall take the following affirmative action to effectuate the policies of the Act: (a) Reinstate Louis Guastaferri to his former position without loss of any rights or privileges previously enjoyed by him as soon as he is physically able to perform his duties, provided, however, that said Guastaferri applies for reinstatement within sixty (60) days from the date hereof, and provided further that no employee of respondent shall be displaced, demoted or laid off because of such reinstatement; (b) Make whole Louis Guastaferri for all losses of pay resulting from his loss of employment by payment to him of the sum of one hundred fifty dollars ($150.00) ; (c) Pay to Peter Donlan the sum of one hundred fifty dollars ($150.00) in lieu of reinstatement and all back pay to which he might be entitled by reason of his discharge; (d) Post immediately in conspicuous places throughout its plant, and maintain for a period of at least sixty (60) consecutive days from the date of the posting, notices stating that the respondent will not engage in the activities set forth in Section 1 (a) and (b) above and will take the aforesaid affirmative action and that respondent's em- ployees are free to become or remain members of Chicago Photo- Engravers Union, Local No. 5, affiliated with the A. F. of L., and that respondent will not discriminate against any employee because of membership or activity in said organization; (e)- Notify the Regional Director for the Thirteenth Region, in writing, within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith.