J. J. Collins Sons, Inc.

National Labor Relations Board - Board Decisions

May 10, 1963

142 N.L.R.B. 545 (N.L.R.B. 1963)

J. J. COLLINS SONS, INC. 545
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 the operations of the Lummus Company and as described in see-
,tion I , above, have a close , intimate , and substantial 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 thereof.
V. THE REMEDY
Having found that the Respondent Local 80 on and after about March 15, 1961,
engaged in certain unfair labor practices violative of Section 8(b)(2) and 1(A) of
the Act, it will be recommended that the Respondent Local 80 cease and desist
therefrom and take certain affirmative action to effectuate the policies of the Act.
Having found that the Respondent discriminatorily refused to place the names of
James Kivlin and John Kivlin on its out-of-work lists from which it makes referral
of applicants to employment with the above-mentioned Delaware Mechanical Con-
tractors Association and the Respondent Lummus on and after about March 15,
1961, I shall further recommend that the Respondent be required to place James
Kivlin 's and John Kivlin 's names on said lists and to refer them to employment from
them without discrimination, and that Respondent shall make them whole for any
loss of earnings suffered by them as a result of its unlawful conduct by payment to
them of a sum of money equal to the amount they would normally have earned as
wages absent the discrimination against them from on or about March 15, 1961,
until such time as their names have been placed on the out-of-work lists and they
are referred to available employment from them. Loss of earnings shall be com-
puted on a quarterly basis in the manner established by the Board in F. W. Wool-
worth Co., 90 NLRB 289.
Because the General Counsel does not contend that the Respondent maintained
any unlawful referral contract or arrangement or committed any misconduct except
that involving the Kivlins, I see no necessity for remedial action broader than that
above recommended.
CONCLUSIONS OF LAW
1. Local 80, United Association of Journeymen and Apprentices of the Plumbing
and Pipe Fitting Industry of the United States and Canada AFL-CIO, is a labor
organization within the meaning of Section 2 (5) of the Act.
2. Lummus Company is an employer engaged in commerce within the meaning
.of Section 2(2) of the Act and is engaged in commerce within the meaning of
Section 2 ( 6) and (7) of the Act.
3. By refusing to place James Kivlin 's and John Kivlin's names on or about
March 15, 1961, and thereafter , on its out-of-work lists and by failing to refer then-,
thereafter for employment with the aforementioned firms the Respondent Local 80
caused Lummus Company to discriminate against James Kivlin and John Kivlin
in violation of Section 8(a)(3) of the Act and thereby coerced and restrained em-
ployees in the exercise of rights guaranteed by Section 7 of the Act , thereby violating
Section 8 ( b)(2) and 1(A) of the Act.
4. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2 (6) and (7) of the Act.
[Recommended Order omitted from publication.]
J. J. Collins Sons , Inc. and Bookbinders and Paper Cutters'
Union of Chicago, Local #8, International Brotherhood of
Bookbinders , AFL-CIO. Case No. 13-CA-5293. May 10, 1963
DECISION AND ORDER
Upon charges duly filed by Bookbinders and Paper Cutters' Union
of Chicago, Local #8, International Brotherhood of Bookbinders,
AFL-CIO, herein called the Union, the General Counsel of the Na-
142 NLRB No. 58.
546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tional Labor Relations Board, by the Regional Director for the Thir-
teenth Region, issued a complaint dated December 27, 1962, against
J. J. Collins Sons, 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) (1) and (5) 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 Charging Party.
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 McCulloch and Members Leedom and Brown].
With respect to the unfair labor practices, the complaint alleges,
in substance, that the Union was and is the exclusive representative
of all papercutting machine operators, folding machine set-up men,
hand bookbinders and their apprentices of the Respondent in an ap-
propriate unit, and that on October 31, 1962, and at all times there-
after, Respondent unlawfully refused to bargain collectively with the
Union.
The Respondent's answer, filed January 3, 1963, admits certain
jurisdictional and factual allegations of the complaint, but denies
the commission of any unfair labor practices.
On January 29, 1963, all parties to this proceeding entered into a
stipulation of facts, and jointly moved to transfer this proceeding
directly to the Board for findings of fact, conclusions of law, and
Decision and Order. The motion states that the parties have waived
their rights to a hearing before a Trial Examiner, and to the issuance
of an Intermediate Report. The motion also provides that the charge,
complaint, answer, and stipulation of facts constitute the entire record
in the case.
On February 4,1963, the Board granted the parties' motion to trans-
fer the case to the Board. Briefs were thereafter filed by the General
Counsel and the Respondent. Upon the basis of the parties' stipula-
tion of facts, the briefs, and the entire record in the case, the Board
makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The Respondent, an Illinois corporation, is engaged in commercial
printing at its Melrose Park, Illinois, plant. During the calendar year
1961, a representative period, Respondent shipped goods valued in
excess of $100,000 directly to points outside the State of Illinois.
The Respondent admits, and we find, that it is engaged in commerce
within the meaning of the Act.
J. J. COLLINS SONS, INC.
II. THE LABOR ORGANIZATION INVOLVED
547
Bookbinders and Paper Cutters' Union of Chicago, Local #8, Inter-
national Brotherhood of Bookbinders , AFL-CIO, is a labor organiza-
tion as defined in Section 2 (5) of the Act.
III. THE UNFAIR LABOR PRACTICES
The complaint alleges that the Respondent violated Section 8 (a) (5)
and (1) of the Act by its admitted refusal to bargain with Local 8
which had been certified by the Board as the representative of an
appropriate' unit of the Respondent's employees. The Respondent
contends that, because the Board refused to grant it a hearing on a
certain challenged ballot, thereby denying it due process, the certifica-
tion was invalid and there was no obligation upon it to bargain. The
ballot of Norbert Toporek had been challenged by the Employer on
the ground that Toporek was not in the appropriate unit because he
allegedly was not a cutter's apprentice. The Regional Director, follow-
ing an investigation, issued a report in which he rejected this challenge
and included this individual in the unit on the ground that he had a
sufficient community of interest with those in the unit and that he
had for a 2-week period replaced a cutter in the unit. Thereafter,
the Respondent filed exceptions to this report with the Board, setting
forth in detail the duties of this individual which did not vary sub-
stantially from those found by the Regional Director and embodied in
Respondent's contentions regarding his unit placement. The Board
found that this individual should be included in the unit for the same
reasons as those relied upon by the Regional Director!
We find that the Respondent has been afforded an opportunity to
litigate fully all the relevant issues in this case, and that it has not
shown that there are material or substantial questions of fact or law
that warrant a further hearing.' Accordingly, we conclude, as did
the Regional Director, that the certification was valid and the Respond-
ent's admitted refusal to bargain violated Section 8 (a) (5) and (1)
of the Act.
'See the Decision and Direction in Case No. 13-R-C-8652 , dated October 2, 1962, not
published in NLRB volumes, in which the Board denied a hearing as to the Respondent's
contentions involved herein on the ground that they did not raise material and substantial
questions of fact.
20.K. Van and Storage , Inc., 127 NLRB 1537 , 1539 , enfd 297 F. 2d 74 (CA. 5),
J R. Simplot Company, 138 NLRB 172.
In N.L.R.B. v. Joclin Manufacturing Comp,iwy, 314 F 2d 627 (C A 2), mod 314
F 2d 635, 52 LRR3I 2625, the court recently held that the Board properly conditions the
right to a hearing with respect to challenged ballots on "a showing that factual issues
are 'substantial and material '-a requirement not only proper but necessary to prevent
dilatory tactics by employers or unions disappointed in the election returns ." The court
went on to find, contrary to the Board , that substantial and material issues had been
raised and remanded the case to the Board for a hearing thereon . Applying to the present
case the legal principle approved by the court in Joclan , we are convinced that the Respond-
ent in the instant case has not raised such substantial and material issues
712-548-64-vol . 142-36
548 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We also find that the Respondent admittedly failed and refused to
furnish Local 8, upon its request, data relating to weekly salaries and
initial employment dates of employees in the unit, and, thereby violated
Section 8(a) (5) and (1) of the Act.
ORDER
Upon the basis of the foregoing findings and conclusions and the
entire record, including the record in the representation case, and
pursuant to Section 10(c) of the Act, Respondent J. J. Collins Sons,
Inc., Melrose Park, Illinois, its officers, agents, successors, and as-
signs, shall:
1. Cease and desist from :
(a) Refusing to bargain collectively with Bookbinders and Paper
Cutters' Union of Chicago, Local #8, International Brotherhood of
Bookbinders, AFL-CIO, as the duly certified exclusive representative
of its employees in the following appropriate unit :
All paper cutting machine operators, all folding machine setup
men, all hand bookbinders and their apprentices, excluding office cler-
ical employees, professional employees, guards, supervisors, and all
other employees as defined in the Act.
(b) Refusing to furnish to Bookbinders and Paper Cutters' Union
of Chicago, Local #8, International Brotherhood of Bookbinders,
AFL-CIO, data relating to weekly salaries of initial employment
dates of employees in the above-described unit.
(c) In any other manner interfering with the efforts of Bookbinders
and Paper Cutters' Union of Chicago, Local #8, International
Brotherhood of Bookbinders, AFL-CIO, to bargain collectively with
Respondent on behalf of the employees in the above-described unit.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Upon request, bargain collectively with Bookbinders and Paper
Cutters' Union of Chicago, Local #8, International Brotherhood of
Bookbinders, AFL-CIO, as the representative of its employees in
the above-described appropriate unit and, if an understanding is
reached, embody such understanding in a signed agreement.
(b) Upon request, furnish to Bookbinders and Paper Cutters'
Union of Chicago, Local #8, International Brotherhood of Book-
binders, AFL-CIO, data relating to weekly salaries and initial em-
ployment dates of employees in the above-described unit.
(c) Post at its main office in Melrose Park, Illinois, and at all of
its other offices where it employs or stations employees in the appro-
priate unit, copies of the attached notice marked "Appendix." 3
a 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 "Pursuant to a Decision and Order" the
words "Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order "
J. J. COLLINS SONS, INC. 549
Copies of the said notice, to be furnished by the Regional Director
for the Thirteenth Region, shall, after being duly signed by Respond-
ent's representative, be posted by it immediately upon receipt thereof,
and be maintained by it for 60 consecutive days thereafter, in con-
spicuous places, including all places where notices to its employees
are customarily posted. Reasonable steps shall be taken by Respond-
ent to insure that said notices are not altered, defaced, or covered by
any other material.
(c) Notify the said Regional Director for the Thirteenth Region,
in writing, within 10 days from the date of this Order, what steps
it has taken to comply herewith.
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 :
Wx WILL bargain collectively, upon request, with the Book-
binders and Paper Cutters' Union of Chicago, Local #8, Inter-
national Brotherhood of Bookbinders, AFL-CIO, as the exclusive
bargaining representative of all our employees in the appropriate
unit described below with respect to rates of pay, wages, hours of
employment, and other terms and conditions of employment, and,
if an agreement is reached, embody such agreement in a signed
contract.
All papercutting machine operators, all folding machine
set-up men, all hand bookbinders and their apprentices, ex-
cluding office clerical employees, professional employees,
guards, supervisors, and all other employees as defined in the
Act.
tiVE WILL furnish, upon request, to Bookbinders and Paper
Cutters' Union of Chicago, Local #8, International Brotherhood
of Bookbinders, AFL-CIO, data relating to weekly salaries and
initial employment dates of employees in the above-described
unit.
J. J. COLLINS SONS, 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
550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Office, 176 West Adams Street, Chicago, Illinois, 60603, Telephone
No. Central 6-9660, if they have any question concerning this notice
or compliance with its provisions.
Berglund Chevrolet, Inc. and Truck Drivers Local Union No.
649. Case No. A 0-57. May 10, 1963
ADVISORY OPINION
This is a petition filed by Berglund Chevrolet, Inc., herein called
the Employer, for an Advisory Opinion in conformity with Section
102.98 and 102.99 of the Board's Rules and Regulations, Series 8,
,as amended.
In pertinent part, the petition alleges as follows :
1. Truck Drivers Local Union No. 649, herein called the Union, has
filed with the New York State Labor Relations Board, herein called
NYSLRB, a petition in Case No. WE-1382 requesting that it be
certified as the representative of the Employer's employees for the
purposes of collective bargaining.
2. The Employer is a retail automobile sales and service agency
having its place of business at 215 West Fourth Street, Jamestown,
New York.
3. During the calendar year 1962, the Employer's gross sales to-
taled upwards of $3,000,000 of which in excess of $250,000 represented
receipts from sales and services from outside the State of New York
and of which in excess of $250,000 represented sales of goods, prod-
ucts, and services to businesses subject to the jurisdiction of the Board.
During the same year the Employer purchased from outside the
State of New York cars and trucks valued upwards of $2,000,000
and parts valued in excess of $120,000.
4. The NYSLRB has made no findings with respect to the com-
merce data hereinabove set forth.
5. There is no representation or unfair labor practice proceeding
involving the same labor dispute pending before the Board.
6. Although served with a copy of the petition for Advisory Opin-
ion herein, no response as provided by the Board's Rules and Regu-
lations has been filed by the Union.
On the basis of the above, the Board is of the opinion that :
1. The Employer is a retail enterprise operating an automobile
sales and service agency in Jamestown, New York.
2. During the calendar year 1962, the Employer did a gross volume
of business in excess of $500,000 and made from outside the State
142 NLRB No. 63.