Allegheny Graphics

National Labor Relations Board - Board Decisions

Jun 29, 1992

307 N.L.R.B. 984 (N.L.R.B. 1992)

984
307 NLRB No. 159
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 The Respondent has excepted to some of the judge’s credibility
findings. The Board’s established policy is not to overrule an admin-
istrative law judge’s credibility resolutions unless the clear prepon-
derance of all the relevant evidence convinces us that they are incor-
rect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188
F.2d 362 (3d Cir. 1951). We have carefully examined the record and
find no basis for reversing the findings.
The General Counsel has excepted to the judge’s failure to find
that Charles Martin’s statement to bindery department employees
that the Respondent ‘‘was going to hire 50 percent of the girls’’ also
violated Sec. 8(a)(1). Martin made this statement immediately after
stating that the Respondent ‘‘was going to be nonunion,’’ which the
judge found to be a violation of Sec. 8(a)(1). In this context, the
statement that the Respondent ‘‘was going to hire 50 percent of the
girls’’ conveyed to the employees that they would not be hired if
they continued to support a union. In fact, when the binders subse-
quently informed the Respondent that they would not form a union,
all of the currently employed binders were hired as well as most of
the laid-off binders. Under these circumstances, we find merit in the
General Counsel’s exception and find that Martin’s statement vio-
lated Sec. 8(a)(1). See A-1 Schmidlin Plumbing Co., 284 NLRB
1506 (1987).
We find it unnecessary to pass on the General Counsel’s exception
to the judge’s failure to find separate 8(a)(1) violations in the state-
ments by Plant Manager Kevin Conroy and Foreman John Young
that the Respondent was ‘‘non-union.’’ In view of the judge’s find-
ing that similar statements by the Respondent’s vice president and
plant spokesman violated Sec. 8(a)(1), any additional findings would
be cumulative and would not materially affect the Order.
Allegheny Graphics, Inc., a Division of Package
Service Company, Inc. and United Steel-
workers of America, AFL–CIO. Cases 6–CA–
22647 and 6–CA–22670
June 29, 1992
DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
DEVANEY AND RAUDABAUGH
On December 24, 1991, Administrative Law Judge
Marion C. Ladwig issued the attached decision. The
Respondent filed exceptions and a supporting brief,
and the General Counsel filed limited exceptions. The
Respondent and the General Counsel filed answering
briefs.
The National Labor Relations Board has delegated
its authority in this proceeding to a three-member
panel.
The Board has considered the decision and the
record in light of the exceptions and briefs and has de-
cided to affirm the judge’s rulings, findings,1 and con-
clusions and to adopt the recommended Order as modi-
fied.
ORDER
The National Labor Relations Board adopts the rec-
ommended Order of the administrative law judge as
modified below and orders that the Respondent, Alle-
gheny Graphics, Inc., a Division of Package Service
Company, Inc., Cheswick, Pennsylvania, its officers,
agents, successors, and assigns, shall take the action
set forth in the Order as modified.
1. Insert the following as paragraph 1(c) and reletter
the subsequent paragraphs.
‘‘(c) Telling employees that they would not be hired
if they continued to support a union.’’
2. Substitute the attached notice for that of the ad-
ministrative law judge.
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
WE WILL NOT refuse to hire any employee for sup-
porting United Steelworkers of America, AFL–CIO or
any other union.
WE WILL NOT tell any applicant that we are a non-
union employer.
WE WILL NOT tell employees they will not be hired
if they continue to support a labor organization.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL offer Leonard Bortz, Harland Chuba, Don
Cowen, Jules Delenne, James Farneth, George Fred-
erick, Ted Gaworski, Larry McNeil, John Matichko,
Edward Palchinski, Thomas Perdeus, Jonathan Rey-
nolds, and Ronald Sikora immediate employment in
their former jobs or, if those jobs no longer exist, to
substantially equivalent positions, discharging, if nec-
essary, employees hired instead of them and WE WILL
make them whole for any loss of earnings and other
benefits resulting from our refusal to hire them, less
any net interim earnings, plus interest.
WE WILL, on request, bargain with the Union and
put in writing and sign any agreement reached on
terms and conditions of employment for our employees
in the bargaining unit:
All pressmen and assistants, ink matchers, and
cylinder man employed by Allegheny Graphics,
Inc. at its Cheswick, Pennsylvania facility; ex-
cluding all other employees, office clerical em-
ployees, guards, professional employees, and su-
pervisors as defined in the Act.
985ALLEGHENY GRAPHICS
WE WILL, on request of the Union, restore the rates
of pay and other terms and conditions of employment
that existed in the bargaining unit before our unilateral
changes and make the employees whole by remitting
all wages and benefits that would have been paid in
the absence of the changes, plus interest, from April 2,
1990, until we negotiate in good faith with the Union
to agreement or to impasse.
ALLEGHENY GRAPHICS, INC., A DIVI-
SION OF PACKAGE SERVICE COMPANY,
INC.