Graphic Arts Finishing Co., Inc.

National Labor Relations Board - Board Decisions

Jul 6, 1965

153 N.L.R.B. 1327 (N.L.R.B. 1965)

GRAPHIC ARTS FINISHING CO., INC. 1327
If employees have any question concerning this notice or compliance with its
provisions, they may communicate directly with the Board's Regional Office, Second
Floor, Commerce Building, 744 North Fourth Street, Milwaukee, Wisconsin, Tele-
phone No. 272-8600, Extension 3860.
Graphic Arts Finishing Co., Inc. and United Papermakers and
Paperworkers , AFL-CIO. Case No. 5-C_A.-3076. July 6, 1965
DECISION AND ORDER
Upon charges duly filed by United Paperinakers and Paperworkers,
AFL-CIO, herein called the Union, the General Counsel of the
National Labor Relations Board, by the Regional Director for Region
5, issued a complaint dated March 16, 1965, against Graphic Arts Fin-
ishing Co., Inc., herein called the Respondent, alleging that the
Respondent had engaged in and was engaging in unfair labor prac-
tices -within the meaning of Section 8(a) (5) and (1) and Section 2(6)
and (7) of the National Labor Relations Act, as amended. Copies of
the charge, complaint, and notice of hearing before a Trial Examiner
were duly served upon the Respondent and the Union.
With respect to the unfair labor practices, the complaint alleges in
substance that the Union was and is the exclusive representative of
certain employees of the Respondent in the appropriate unit certified
by the Board on February 15, 1965, in Case No. 5-RC-4826, and that
on or about March 4, 1965, and thereafter, the Respondent unlawfully
refused to bargain with the Union.
The Respondent's answer, filed on March 25, 1965, admits certain
jurisdictional and factual allegations of the complaint but denies the
commission of unfair labor practices.
On May 10, 1965, all parties to this proceeding entered into a stipu-
lation. The stipulation contains a statement of facts, and states that
the parties have waived hearing, Trial Examiner's Decision, the filing
of exceptions and briefs, and oral argument, but that the Respondent
does not waive or abandon the issue raised by it in Case No. 5-RC-
4826, objecting to the failure of the Regional Director to grant it a
hearing on its objections to the election therein. The parties also agree
that the stipulation, together with the charge, complaint, and notice of
hearing, and answer shall constitute the entire record in this case.
On May 13, 1965, the Board approved the stipulation and ordered
the proceeding transferred to the Board. Upon the basis of the par-
ties' stipulation and the entire record in the case, the Board r makes
the following :
'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 [Members Panning, Brown,
and Jenkins].
153 NLRB No. 115.
1328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The Respondent, a Maryland corporation, maintains its principal
place of business in Baltimore, Maryland, where it is engaged in the
business of finishing printed material. During the past year, the
Respondent shipped goods and materials valued in excess of $50,000
from its place of business in Baltimore, Maryland, directly to points
located outside the State of Maryland.
The Respondent admits, and we find, that it is engaged in commerce
within the meaning of the Act.
II. THE LABOR ORGANIZATION INVOLVED
United Papermakers and Paperworkers, AFL-CIO, is a labor
organization as defined in Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
On February 15, 1965, the Board in Case No. 5-RC-4826, certified
the Union as collective-bargaining representative of the employees in
a unit of all production and maintenance employees of the Respondent,
excluding truckdrivers, office clerical employees, watchmen, guards,
and supervisors as defined in the Act.
The stipulation herein states that (1) on February 19, 1965, the
Union wrote a letter to the Respondent, requesting information to be
used for preparing an agenda for collective bargaining; (2) on
March 4, the Respondent replied that it would not engage in collective
bargaining with the Union until a Federal court had reviewed the cer-
tification, as, in Respondent's view, the certification was invalid in that
"the Board erroneously failed to uphold the Company's objections to
the election upon which the certification is based"; (3) Respondent
has ever since failed and refused to bargain with the Union pursuant
to the certification.
In its Decision and Certification of Representative in Case No.
5-RC-4826, the Board decided that the Respondent's exceptions to the
Regional Director's report on objections to the election in which he
recommended, without granting a hearing, that the Respondent's
objections be overruled, raised no material or substantial issues of fact
or law. The Respondent does not contend that there now exists rele-
vant and material evidence which was not available at the time of the
representation proceeding.
Accordingly, we find that the Union was duly certified by the Board
as the collective-bargaining representative of the employees of the
Respondent in the appropriate unit described above and in the Board's
GRAPHIC ARTS FINISHING CO., INC. 1329
certification, and that the Union at all times since February 15, 1965,
has been the exclusive bargaining representative of all the employees
in the aforesaid unit, within the meaning of Section 9 (a) of the Act.
We further find that the Respondent has, since March 4, 1965, refused
to bargain collectively with the Union as the exclusive representative
of its employees in the unit, and that, by such refusal, the Respondent
has engaged in and is engaging in unfair labor practices within the
meaning of Section 8(a) (5) and (1) of the Act 2
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set forth in section III, above,
occurring in connection with its operations as described in section I,
above, have a close, intimate, and substantial relation to trade, traffic,
and commerce among the several States, and tend to lead to labor dis-
putes burdening and obstructing commerce and the free flow of
commerce.
V. THE REMEDY
Having found that the Respondent has engaged in unfair labor prac-
tices within the meaning of Section 8 (a) (5) and (1) of the Act, we
shall order that it cease and desist therefrom and, upon request, bar-
gain collectively with the Union as the exclusive representative of all
employees in the appropriate unit, and, if an understanding is
reached, embody such understanding in a signed agreement.
CONCLUSIONS OF LAW
1. United Papermakers and Paperworkers, AFL-CIO, is a labor
organization as defined in Section 2(5) of the Act.
2. All production and maintenance employees at the Employer's
Baltimore, Maryland, plant, excluding truckdrivers, office clerical
employees, watchmen, guards, and supervisors as defined in the Act,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
3. The above-named labor organization was, on February 15, 1965,
and at all times thereafter, the exclusive representative of all employ
ees in the aforesaid appropriate unit for purposes of collective bar-
gaining within the meaning of Section 9 (a) of the Act.
4. By refusing, on and since March 4, 1965, to bargain collectively
with the above-named labor organization as the exclusive representa-
tive of its employees in the aforesaid appropriate unit, the Respondent
2 Salerno-Megowen Biscuit Company , 152 NLRB 604 , 0. K. Van and Storage, Inc.,
127 NLRB 1537, 1539, enfd . 297 F. 2d 74 (C.A. 5).
79G-027-66-vol. 153-85
1330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
has thereby engaged in and is engaging in unfair labor practices
within the meaning of Section 8(a) (5) and (1) of the Act.
5. The aforesaid unfair labor practices are unfair labor practices
affecting commerce within the meaning of Section 2(6) and (7) of the
Act.
ORDER
Pursuant to Section 10(c) of the National Labor Relations Act, as
amended, the National Labor Relations Board hereby orders that the
Respondent, Graphic Arts Finishing Co., Inc., Baltimore, Maryland,
its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Refusing to bargain collectively concerning wages, hours, and
terms and conditions of employment with United Papermakers and
Paperworkers, AFL-CIO, as the exclusive representative of all their
employees in the following appropriate unit:
All production and maintenance employees at the Employer's Balti-
more, Maryland, plant, excluding truckdrivers, office clerical employ-
ees, watchmen, guards, and supervisors as defined by the Act.
(b) In any like or related manner Interfering with the efforts of
United Papermakers and Paperworkers, AFL-CIO, to bargain
collectively.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Upon request, bargain collectively concerning wages, hours,
and terns and conditions of employment with the above-named labor
organization as the exclusive representative of all employees in the
appropriate unit, and, if an understanding is reached, embody such
understanding in a signed agreement.
(b) Post at its plant at Baltimore, Maryland, copies of the attached
notice marked "Appendix." 3 Copies of said notice, to be furnished
by the Regional Director for Region 5, shall, after being duly signed by
the Respondent's authorized representative, be posted by the Respond-
ent immediately upon receipt thereof, and be maintained by it for 60
consecutive days thereafter, in conspicuous places, including all places
where notices to employees 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.
(c) Notify the Regional Director for Region 5, in writing, within
10 days from the date of this Order, what steps the Respondent has
taken to comply herewith.
3 In the event that this Order is enforced by a decree of a United States Court of
Appeals, there shall be substituted for the words "a Decision and Order " the words "a
Decree of the United States Court of Appeals, Enforcing an Order."
ROYAL HEARTH RESTAURANT 1331
APPENDIX
NOTICE TO 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 our employees that:
WE WILL NOT refuse to bargain collectively with United Paper-
makers and Paperworkers, AFL-CIO, as the exclusive bargaining
representative of the employees in the appropriate unit.
The appropriate unit is :
All production and maintenance employees at the Employ-
er's Baltimore, Maryland, plant, excluding truckdrivers, office
clerical employees, watchmen, guards, and supervisors as
defined by the Act.
WE WILL NOT in any like or related manner interfere with,
restrain, or coerce employees in the exercise of rights guaranteed
by Section 7 of the Act.
WE WILL, upon request, bargain collectively with the aforesaid
labor organization as the exclusive representative of the employ-
ees in the appropriate unit, and, if an understanding is reached,
embody such understanding in a signed agreement.
GRAPHIC ARTS FINISHING CO., INC.)
Employer.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 consecutive days from the
date of posting, and must not be altered, defaced, or covered by any
other material.
Employees may communicate directly with the Board's Regional
Office, Sixth Floor, 707 North Calvert Street, Baltimore, Maryland,
Telephone No. 752-2159, if they have any question concerning this
notice or compliance with its provisions.
Imperial Management, Inc. d/b/a Royal Hearth Restaurant and
Chicago Joint Executive Board of the Hotel & Restaurant Em-
ployees and Bartenders International Union , AFL-CIO. Peti-
tioner. Case No. 13-RC-10404. July 6,1965
DECISION AND CERTIFICATION OF REPRESENTATIVE
Pursuant to a stipulation for certification upon consent election,
an election by secret ballot was conducted on November 24, 1964, under
153 NLRB No. 108.