Amalgamated Lithographers of America, Local 2

National Labor Relations Board - Board Decisions

Aug 3, 1959

124 N.L.R.B. 298 (N.L.R.B. 1959)

298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
over these employees. Younger does not have the authority effec-
tively to recommend the hire or discharge of employees. We find that
the storage man, Younger, does not have supervisory status. We
shall include him in the unit.
Refrigeration service manager: The Petitioner would exclude
Willard Stubbs, the refrigeration service manager, as a supervisor.
The Employer contends that he is not a supervisor and would include
him in the unit. Stubbs performs the same duties as do the six other
men in the refrigeration service department. He does not have au-
thority effectively to recommend changes in personnel status. Stubbs
is not responsible for the work of the department. His title manifests
recognition of his long experience and superior skill. This classifica-
tion was included in the 1954 Foremost unit. We include him in this
unit.
We find that the following employees at the Employer's Jackson-
ville, Florida, plant constitute a unit appropriate for purposes of
collective bargaining within the meaning of Section 9 (b) of the Act:
All wholesale and retail milk and ice cream driver-route salesmen,
transport drivers, inside plant engineers, cabinet servicemen, garage
employees, janitors, and production employees at the Employer's
Jacksonville, Florida, plant, including route solicitor, relief retail
route driver-delivery salesmen, territory representatives, salesmen,
demonstrator, merchandisers, sales clerical employees, plant clerical
employees, sign painter, laboratory assistants, garage mechanics, as-
sistant shipping clerks, warehousemen, milk department foreman, ice
cream department cleanup foreman, storage man, refrigeration
service manager, and seasonal employees, but excluding office clerical
employees, professional employees, night watchman, shipping clerk,
chief engineer, route supervisors, retail sales manager, delivery super-
intendents, garage foreman, and all other guards and supervisors as
defined in the Act.
[Text of Direction of Election omitted from publication.]
Amalgamated Lithographers of America , Local No. 2 and Buffalo
Employers ' Group. Case No. 3-013-370. August 3, 1959
DECISION AND ORDER
On April 23, 1959, Trial Examiner C. W. Whittemore issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
mediate Report attached hereto. Thereafter, the Respondent, the
124 NLRB No. 36.
AMALGAMATED LITHOGRAPHERS OF AMERICA, LOCAL 2 299
Charging Party, and the Intervenor 1 filed exceptions to the Inter-
mediate Report and supporting briefs.
Pursuant to the provisions of Section 3 (b) of the Act, the Board has
delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Rodgers and Jenkins].
The Board has reviewed the rulings made by the Trial Examiner
at the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and briefs, and the entire record in
this case and hereby adopt the findings, conclusions, and recommen-
dations with the following exception.
The Respondent objects to the order recommended by the Trial
Examiner. In order to conform the order more closely to the viola-
tions found herein we shall strike the words "slowdowns, harassing
activities or other unprotected conduct" and substitute therefor the
words "a refusal to work overtime or other harassing activities or un-
protected conduct." 2
ORDER
Upon 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 the Respondent, Amalgamated Lithogra-
phers of America, Local No. 2, its officers, representatives, agents, suc-
cessors, and assigns shall :
1. Cease and desist from refusing to bargain collectively in good
faith with Buffalo Employers' Group, as the exclusive representative
of the employees in the appropriate unit with respect to rates of pay,
wages, hours of employment, and other terms and conditions of em-
ployment, by authorizing, directing, supporting, inducing or encour-
aging employees of the Buffalo Employers' Group to engage in a
refusal to work overtime or other harassing activities or other unpro-
tected conduct in the course of their employment and in disregard of
their duties and customary routines, for the purpose of forcing the
Buffalo Employers' Group to accept its bargaining demands, or from
engaging in any like or related conduct in derogation of its statutory
duty to bargain, provided the Respoi`ldent remains the representative
of the employees in the appropriate unit as prescribed in Section 9 of
the Act.
1 The Lithographers and Printers National Association, Inc., was permitted to intervene
at the hearing.
2 The Charging Party and the Intervenor contend that the Union violated Section
8(b) (3) of the Act by demanding certain contract clauses relating to jurisdictional dis-
putes and "hot cargo." In the complaint only the refusal to work overtime is alleged
to be violative of Section 8(b) (3), and at the hearing the General Counsel specifically
limited his case to proof of this allegation. The General Counsel's failure to allege that
the demand for the contract clauses was-violative of Section 8(b)(3) precludes the Board
from making any finding on this point. International Union of Operating Engineers,
Local No. 12 (Associated General Contractors), 113 NLRB 655, 661.
300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action which the Board has found
will effectuate the policies of the Act :
(a) Post at its business offices and meeting halls copies of the notice
attached hereto marked "Appendix." 3 Copies of said notice, to be
furnished by the Regional Director for the Third Region, shall, after
being duly signed by an official representative of the Respondent, be
posted by the Respondent immediately upon receipt thereof, and be
maintained by it for 60 consecutive days thereafter in conspicuous
places, including all places where notices to members are customarily
posted. Reasonable steps shall be taken by the Respondent to insure
that said notices are not altered, defaced, or covered by any other
material.
(b) Furnish to the Regional Director for the Third Region signed
copies of the notice attached hereto marked "Appendix," for posting,
the employers willing, at the offices of members of Buffalo Employers'
Group, in places where notices to employees are customarily posted.
The notice shall be maintained for a period of 60 consecutive days
thereafter. Copies of said notice, to be furnished by the Regional
Director for the Third Region, shall, after being duly signed by an
official representative of the Respondent, be forthwith returned to the
said Regional Director for such posting.
(c) Notify the Regional Director for the Third Region in writing,
within 10 days from the receipt of this Order, What steps it has taken
to comply herewith.
3In the event that this Order is enforced by a decree of a United States Court of
Appeals , there shall be substituted for the words "Pursuant to a Decision and Order" the
words "Pursuant to a Decree of the United States Court of Appeals , Enforcing an Order."
APPENDIX
NOTICE TO MEMBERS AND ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board , and in order to effectuate the policies of the National Labor
Relations Act, as amended , we hereby notify you that:
WE WILL NOT refuse to bargain collectively in good faith with
Buffalo Employers ' Group, as the exclusive representative of
employees in the appropriate unit with respect to wages, rates of
pay, hours of employment , and other terms and conditions of
employment, by authorizing , directing, supporting , inducing, or
encouraging said employees to engage in a refusal to work over-
time, or other harassing activities or unprotected conduct, in the
course of their employment and in disregard of their duties and
customary routines , for the purpose of forcing the Buffalo Em-
ployers' Group to accept its bargaining demands, and we will not
AMALGAMATED LITHOGRAPHERS OF AMERICA, LOCAL 2 301
engage in any like or related conduct in derogation of our statu-
tory duty to bargain, provided we remain the representative of
the employees in the appropriate unit, as prescribed in Section 9
of the Act.
AMALGAMATED LITHOGRAPHERS OF AMERICA,
LOCAL No. 2,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered , defaced, or covered by any other material.
INTERMEDIATE REPORT
STATEMENT OF THE CASE
Charges having been filed and served in the above-entitled proceeding; a complaint
and notice of hearing thereon having been issued and served by the General Counsel
of the National Labor Relations Board, and an answer having been filed by the
above-named Respondent Union, a hearing involving allegations of unfair labor
practices in violation of Section 8(b)(3) of the National Labor Relations Act, as
amended, was held in Buffalo, New York, on March 16, 1959, before the duly
designated Trial Examiner.'
At the hearing all parties were represented, were afforded full opportunity to be
heard, to introduce evidence pertinent to the issues, to argue orally, and to file briefs
and proposed findings of fact and conclusions of law. As noted below, no witnesses
were called; the parties entered into a stipulation of facts. Argument was waived.
All parties filed briefs. After the close of the hearing the Trial Examiner received
from the parties a stipulation "to correct the transcript" in certain typographical
respects. Said stipulation is hereby made a part of the record.
Upon the entire record in the case, the Trial Examiner makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE CHARGING PARTY
The complaint alleges, the answer does not deny, and the Trial Examiner finds:
1. At all times material herein, the Group has been, and is, an association com-
prised of various employers, including Baker, Jones, Hausauer, Inc.; Bradley Ward
d/b/a Bradley Ward Company; Buffalo Lithograph Company, Incorporated; F. N.
Burt Company, Inc; Harry Hoffman Printing, Inc.; Kiesling-Klein Printing Co.,
Inc.; Manhardt-Alexander, Inc.; Mohawk Litho, Inc.; The Sale Lithograph Company;
Milton C. Johnson Company; Niagara Lithograph Company; Savage Litho Co., Inc.;
Thorner-Sidney Press, Inc.; and Ward-Burns, Inc., who are engaged in lithography
and related work in and around Buffalo, New York, and who duly designated and
authorized certain representatives of the Group to engage in collective bargaining
and the negotiation of contracts, on behalf of its members, with labor organizations
which represent employees of its members; and the said representatives of the Group
have engaged in and are engaging in collective bargaining and the negotiation of
contracts, on behalf of its members, with labor organizations which represent em-
ployees of its members.
2. All of the members of the Group, in the course and conduct of their business
operations, during 1958, sold goods and rendered services valued in excess of
$10,000,000, of which an amount in excess of $4,300,000 was shipped or rendered
directly to purchasers outside the State of New York.
3. Each of the various members of the Group, in the course and conduct of its
business operations, during 1958, sold goods and rendered services outside the State
of New York as follows:
i The Lithographers and Printers National Association, Inc., was permitted to intervene
at the hearing. Certain members of the Charging Party are also members of the national
association.
302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(a) Baker, Jones, Hausauer, Inc., is a corporation duly organized under the:
laws of the State of New York with its office and place of business at 45 Carrol
Street, Buffalo 3, New York. During the calendar year 1958, a representative:
period, Baker, Jones, Hausauer, Inc., sold goods and services of a value in excess.
of $1,500,000, of which about 60 percent was sold directly to purchasers outside the
State of New York, and of which about 35 percent was sold to business enterprises.
in the State of New York which annually ship goods and services of a value in excess
of $50,000 directly to purchasers outside the State of New York.
(b) Bradley Ward d/b/a Bradley Ward Company is a sole proprietorship with
its office and place of business at 150 Ellicott Street, Buffalo 3, New York. During.
the calendar year 1958, a representative period, Bradley Ward Company sold goods.
and services of a value of about $70,000, of which about 15 percent was sold directly
to purchasers outside the State of New York, and of which about 50 percent was.
sold to business enterprises in the State of New York which annually ship goods.
and services of a value in excess of $50,000 directly to purchasers outside the State
of New York.
(c) Buffalo Lithograph Company, Incorporated, is a corporation duly organized
under the laws of the State of New York with its office and place of business at
1200 Niagara Street, Buffalo 13, New York. During the calendar year 1958, a
representative period, Buffalo Lithograph Company, Incorporated, sold goods and
services of a value of about $150,000, of which about 20 percent was sold directly
to purchasers outside the State of New York, and of which about 30 percent was sold
to business enterprises in the State of New York which annually ship goods and
services of a value in excess of $50,000 directly to purchasers outside the State of-
New York.
(d) F. N. Burt Company, Inc., is a corporation duly organized under the laws.
of the State of Delaware with its principal office and place of business at 514 Seneca
Street, Buffalo 4, New York, and with its Folding Carton Division at 1298 Main.
Street, Buffalo 9, New York. During the calendar year 1958, a representative
period, F. N. Burt Company, Inc., sold goods and services of a value in excess of
$2,000,000, of which about 75 percent was sold directly to purchasers outside the
State of New York, and of which about 20 percent was sold to business enterprises
in the State of New York which annually ship goods and services of a value in excess
of $50,000 directly to purchasers outside the State of New York.
(e) Harry Hoffman Printing Inc., is a corporation duly organized under the laws
of the State of New York with its office and place of business at 983 Jefferson
Avenue, Buffalo 4, New York. During the calendar year 1958, a representative
period, Harry Hoffman Printing Inc., sold goods and services of a value in excess
of $1,000,000, of which about 50 percent was sold directly to purchasers outside the
State of New York, and of which about 40 percent was sold to business enterprises
in the State of New York which annually ship goods and services of a value in excess
of $50,000 directly to purchasers outside the State of New York.
(f) Kiesling-Klein Printing Co., Inc., formerly Kiesling Printing Co., Inc., is a
corporation duly organized under the laws of the State of New York with its office
and place of business at 64 South Division Street, Buffalo 3, New York. During the
calendar year 1958, a representative period, Kiesling-Klein Printing Co., Inc., sold
goods and services of a value of about $75,000, of which about 5 percent was sold'
directly to purchasers outside the State of New York, and of which about 30 percent
was sold to business enterprises in the State of New York which annually ship goods.
and services of a value in excess of $50,000 directly to purchasers outside the State
of New York.
(g) Manhardt-Alexander, Inc., is a corporation duly organized under the laws
of the State of New York with its office and place of business at 693 Seneca Street,
Buffalo 10, New York. During the calendar year 1958, a representative period,.
Manhardt-Alexander, Inc., sold goods and services of a value of about $1,000,000,
of which about 1 percent was sold directly to purchasers outside the State of New
York, and of which about 95 percent was sold to business enterprises in the State
of New York which annually ship goods and services of a value in excess of $50,000
directly to purchasers outside the State of New York.
(h) Mohawk Litho Inc., is a corporation duly organized under the laws of the
State of New York with its office and place of business at 23 East Huron Street,
Buffalo 3, New York. During the calendar year 1958, a representative period,
Mohawk Litho Inc., sold goods and services of a value of about $250,000, of which
about 5 percent was sold directly to purchasers outside the State of New York, and
of which about 50 percent was sold to business enterprises in the State of New
York which annually ship goods and services of a value in excess of $50,000 directly
to purchasers outside the State of New York.
AMALGAMATED LITHOGRAPHERS OF AMERICA, LOCAL 2 303;
(i) Milton C. Johnson Company, is a corporation duly organized under the laws.
of the State of New York with its principal office at 78 Walker Street, New York
13, New York, and with its branch office at 210 Ellicott Street, Buffalo 3, New York..
During the calendar year 1958, a representative period, Milton C. Johnson Company,
sold goods and services of a value of about $75,000, of which about 10 percent was,
sold directly to purchasers outside the State of New York, and of which about 90^
percent was sold to business enterprises in the State of New York which annually
ship goods and services of a value in excess of $50,000 directly to purchasers outside;
the State of New York.
(j) Niagara Lithograph Company is a corporation duly organized under the laws,
of the State of New York with its office and place of business at 1050 Niagara
Street, Buffalo 13, New York. During the calendar year 1958, a representative.
period, Niagara Lithograph Company sold goods and services of a value in excess.
of $1,000,000, of which about 90 percent was sold directly to purchasers outside.
the State of New York, and of which about 10 percent was sold to business enter-
prises in the State of New York which annually ship goods and services of a value-
in excess of $50,000 directly to purchasers outside the State of New York.
(k) Savage Litho Co., Inc., is a corporation duly organized under the laws of
the State of New York with its office and place of business at 1291 Main Street,
Buffalo 9, New York. During the calendar year 1958, a representative period,
Savage Litho Co., Inc., sold goods and services of a value in excess of $750,000, of
which about 15 percent was sold directly to purchasers outside the State of New
York, and of which about 30 percent was sold to business enterprises in the State
of New York which annually ship goods and services of a value in excess of $50,000
directly to purchasers outside the State of New York.
(1) The Sale Lithograph Company is a corporation duly organized under the
laws of the State of New York with its office and place of business at 220 Washing-
ton Street, Buffalo 3, New York. During the calendar year 1958, a representative
period, The Sale Lithograph Company sold goods and services of a value of about
$700,000, of which about 25 percent was sold directly to purchasers outside the
State of New York, and of which about 65 percent was sold to business enterprises
in the State of New York which annually ship goods and services of a value in
excess of $50,000 directly to purchasers outside the State of New York.
(m) Thorner-Sidney Press, Inc., is a corporation duly organized under the laws.
of the State of New York with its office and place of business at 546 Washington
Street, Buffalo 3, New York. During the calendar year 1958, a representative period,
Thorner-Sidney Press, Inc., sold goods and services of a value of about $400,000,
of which about 90 percent was sold to business enterprises in the State of New
York which annually ship goods and services of a value in excess of $50,000 directly
to purchasers outside the State of New York.
(n) Ward-Burns, Inc., is a corporation duly organized under the laws of the
State of New York with its office and place of business at 501 Washington Street,
Buffalo 3, New York. During the calendar year 1958, a representative period,
Ward-Burns, Inc., sold goods and services of a value of about $1,300,000, of which
about 10 percent was sold directly to purchasers outside the State of New York,
and of which about 70 percent was sold to business enterprises in the State of
New York which annually ship goods and services of a value in excess of $50,000
directly to purchasers outside the State of New York.
The Trial Examiner concludes and finds that the Charging Party is engaged in
commerce within the meaning of Section 2(6) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
Amalgamated Lithographers of America, Local No. 2, is a labor organization
within the meaning of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The setting and issues
The complaint alleges, the answer admits, and the Trial Examiner finds the
following facts:
1. All lithographers, direct or offset, their apprentices and helpers, including
floor help, employed by all of the employer-members of the Group, including all
employees of Group member F. N. Burt Company, Inc., employed in its Folding
Carton Division, exclusive of all other employees and all guards, professional
employees, and supervisors as defined in the Act, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section 9(h) of the Act..
304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. At all times material herein, the Respondent has been, and is now, the duly
designated representative for the purposes of collective bargaining of a majority of
the employees in the unit described above, and by virtue of Section 9(a) of the
Act, has been, and is now, the exclusive representative of all employees in the unit
for the purposes of collective bargaining with respect to rates of pay, wages, hours
of employment, and other conditions of employment.
The complaint alleges and the answer denies that the Respondent, within a mate-
rial period, has refused to bargain in good faith by causing employees to refuse
to work overtime.
B. The facts
At the hearing the parties entered into the following stipulation of facts, agreeing
that this stipulation, in addition to the admissions of the answer, should consitute
"a complete statement of facts" relevant to the issues raised by the pleadings. The
stipulation is hereby adopted by the Trial Examiner, and the findings are set out
below:
1. For about 10 years Buffalo Employers' Group and the Respondent have
engaged in the negotiating and execution of collective-bargaining agreements. The
contracts agreed to and executed in 1956 expired by their terms on October 4, 1958.
The Respondent duly reopened negotiations for the execution of new agreements by
notice to the Buffalo Employers' Group on July 29, 1958. Pursuant to the Respond-
ent's reopening notice, the negotiation committees duly authorized to act in behalf
of the Buffalo Employers' Group and the Respondent respectively, met on August
25, 1958, at which time the Respondent presented its demands for contract changes.
These demands are set forth in General Counsel's Exhibit Nos. 2-A and 2-B.2
2. The negotiating committees of the Buffalo Employers' Group, and the Respond-
ent, met and negotiated on September 8, 25, and 30, and October 2, 6, and 9,
1958. Although concessions were made by the parties during these negotiations,
the parties remained in substantial disagreement on contract language changes and
on certain economic issues.
3. At a regular membership meeting of the Respondent on October 3, 1958,
motion was made from the floor to cease overtime work immediately until a satis-
factory agreement was reached between the Local and the Employers' Group. The
motion was amended so as to provide that cessation of overtime should take place
when the Union's negotiating committee agreed that an impasse had been reached.
As amended the motion was seconded.
4. On October 9, 1958, the Union's negotiating committee, after having had a
session on that day with the Employers' Group, decided that an impasse had been
reached and that the overtime ban should be put into effect as provided in the
Local's resolution.
5. On October 10, 1958, this decision was communicated by the chairman of the
Union's negotiating committee to the Local's representatives in all the shops of the
member companies comprising the Charging Party.
6. At about midday on October 10, 1958, the respective representatives of the
Union, at all the plants or places of business of the employer members of the Em-
ployers' Group, notified the respective employer representatives of this overtime ban.
For example, on October 10, 1958, (at) the F. N. Burt Company, George Grimm, a
member of the Union's negotiating committee and an employee of F. N. Burt, and
Emmett Rathbun, shop steward, and John Golden, also an employee and a member
of the Union, stated to Reginald Weinig, plant superintendent, in substance, that in
view of the fact that the management group was not bargaining in good faith, no
more overtime or Saturday work would be permitted; on October 10, 1958, at about
12 o'clock noon, at Mohawk Litho, Inc., Charles Herbeck, shop steward, stated to
Raymond LaRusch, vice president of Mohawk Litho, Inc., that a "no overtime" ban
was in effect at 12 o'clock that day, and union employees would not work overtime
unless a settlement could be made and a contract signed; on October 10, 1958, at
about 11:30 a.m., Norman Siejakowski stated to John S. Hartung, plant manager,
that because Shop Steward Edward Dzierzak was not present, it was his job to tell
Hartung that at a union meeting it was decided that the union members would not
work overtime until a contract was signed, and that this overtime ban applied to all
the union shops in the city.
7. On October 10, 1958, at 12 o'clock noon, Tom Pease, a member of the union
negotiating committee, and the shop steward at the Sale Lithograph Company, stated
Since the Trial Examiner does not consider the nature of such demands as material
to the issues raised in the complaint, it appears that no good purpose would be served
by including them in this Intermediate Report.
AMALGAMATED LITHOGRAPHERS OF AMERICA, LOCAL 2 305
to Donald Pinzel, plant superintendent of the Sale Lithograph Company, that the
overtime ban was on starting that day; that Donald Pinzel telephoned George Luke,
president of the Union, and requested more time so that a rush job then on the press
could be finished that day because it was to be delivered on the following day. Mr.
Luke told Mr. Pinzel that he was unable to offer any relief because the refusal to work
overtime was a decision of the union members.
8. From October 10, 1958, to December 5, 1958, inclusive, the lithographic em-
ployees of all employer members of the Buffalo Employers' Group refused to work
overtime in order to bring about an agreement in the bargaining negotiations ac-
ceptable to the Respondent.
9. After the notification of the overtime ban, the following exchange of telegrams
took place:
(a) On October 10, 1958, the chairman of the Buffalo Employers ' Group tele-
graphed the president of the Lithographers, Local No. 2, as follows:
In view of the Union's refusal to permit overtime work and thus unilaterally
change working conditions , we consider the Union is not bargaining in good
faith, and we therefore will not negotiate further until the Union agrees and in-
structs its members to resume normal working conditions.
(b) On October 13, 1958, the president of the Lithographers, Local No. 2, replied
to the chairman of the Buffalo Employers ' Group as follows:
In reply to your telegram of Friday, October 10, 1958, the right of employees
to refuse to work overtime is normal , and we therefore request your Committee
to meet with us at its earliest convenience to resume negotiations.
(c) On October 15, 1958, a reply telegram of the Buffalo Employers' Group to the
president of the Lithographers, Local No. 2, was as follows:
In reply to your telegram we suggest meeting with your committee at Hotel
Markeen at 3 P .M. October 17. We have invited Federal Mediator to sit in.
First order of business will be the Union 's concerted refusal to work overtime for
the Buffalo Employers ' Group.
10. As a result of this exchange of telegrams , the negotiating committee met on
October 17 , 1958. Subsequent meetings were held on October 27, November 21 and
25, and December 4, 1958. At all such meetings a Federal mediator was present, and
the parties negotiated a collective -bargaining agreement . A final agreement was
reached on December 4, 1958. In the course of the meetings between October 17,
1958, and December 4, 1958, the refusal of the union members to work overtime
was discussed , but union representatives did not change their position on this subject,
and the refusal to work overtime continued in effect until after agreement had been
reached.
11. On December 5, 1958, at a special membership meeting, the union members
ratified the agreement and the refusal to work overtime ceased.3
12. There was no concerted refusal to work overtime during 1958, until October 10,
1958. From time to time prior to October 10, 1958, there was overtime work to be
performed , and the employer member ( s) of the Buffalo Lithographers ' Group re-
quested this overtime to be performed by their respective lithographic employees
and, as requested , the overtime work was performed . After the institution of the
overtime ban, namely , October 10 , through December 4, 1958, there was overtime to
be performed by the lithographic employees of the respective employers , performance
of overtime was requested by the employers , but the request was refused and such
overtime would have been performed except for the overtime ban.
13. The Respondent Union instituted similar overtime bans during prior contract
negotiation periods, but after the expiration date of the preexisting contracts , to bring
about an agreement in the collective -bargaining negotiations acceptable to the
Respondent.
14. During the negotiations for the 1956-58 collective-bargaining agreement, the
overtime ban was in effect from October 1, through October 12, 1956.
15. During the period of contract negotiations from the 1954-56 agreement, the
overtime ban was in effect from October 18 through November 5, 1954.
16. During the negotiations for the 1953-54 collective-bargaining agreement, the
overtime ban was in effect from October 5 , until on or about November 1, 1953, ex-
8 For the determination of the issues in this case it appears unnecessary to quote here
a portion of the stipulation reciting various matters , including correspondence between
the bargaining parties having to do with the contract which had been agreed upon.
525543-60-vol. 124-21
306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cept for the F. N. Burt Company where the overtime.ban was in effect on October 5,
1953, until November 10, 1953, at which time the Union went on strike at F. N. Burt
Company.
17. The ban on overtime ceased in 1956, 1954, and 1953, when an agreement was.
reached on all the terms of the collective-bargaining agreement.
C. Conclusions
General Counsel contends that determination of the issues here presented are
governed by Insurance Agents' International Union AFL-CIO (Prudential Insur-
ance), 119 NLRB 768. There is merit in this contention. Therefore, pursuant to the
Board's decision in that case, the Trial Examiner concludes and finds that the Re-
spondent, by engaging in the "harassing conduct," above-described, "during the
course of the negotiations," failed to bargain in good faith within the meaning of the
Act. .
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent, set forth above, which have been found to con-
stitute unfair labor practices occurring in connection with the operations of the
Charging Party, as described in section I, above, have a close, intimate, and substan-
tial relation to trade, traffic, and commerce among the several States and tend to lead.
to labor disputes burdening and obstructing commerce and the free flow of commerce.
CONCLUSIONS OF LAW
1. The Buffalo Employers' Group is engaged in commerce within the meaning of
the Act.'
2. Amalgamated Lithographers of America, Local No. 2, is a labor organization,
within the meaning of Section 2(5) of the Act.
3. Amalgamated Lithographers of America, Local No..2, is, and at all times.
material herein has been, the exclusive representative of the employees of Buffalo
Employers' Group in an appropriate unit described in section III A, above, for the
purposes of collective bargaining within the meaning of Section 9(a) of the Act.
4. By refusing to bargain collectively in good faith with the Buffalo Employers'
Group, the Respondent has engaged in and is engaging in unfair labor practices within
the meaning of Section 8(b) (3) of the Act.
5. The aforesaid unfair labor practices affect commerce within the meaning of
Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
Dayton Aviation Radio & Equipment Corporation , Dare, Inc.'
and International Union, United Automobile , Aircraft and,
Agricultural Implement Workers of America, Local 128, AFL-
CIO, Petitioner . Case No. 8-RC-3427. August 3, 1959
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed, a hearing was held before a hearing-
officer of the National Labor Relations Board. His rulings made at
the hearing are free from prejudicial error and are affirmed.
Pursuant to Section 3(b) of the National Labor Relations Act, the
Board has delegated its powers herein to a three-member panel.
[Chairman Leedom and Members Bean and Jenkins].
Upon the entire record, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
1 The Employer ' s name appears as amended at the hearing.
124 NLRB No. 37.