Lebanon Paper Box Company

National Labor Relations Board - Board DecisionsApr 27, 1939

12 N.L.R.B. 487 (N.L.R.B. 1939)

In the Matter of LEBANON PAPER Box COMPANY and AMALGAMATED LITHOGRAPHERS OF AMERICA , AFFILIATED WITH THE A . F. OF L. Case No. 0-1101.-Decided April 27,1939 Paper Box Manufacturing Industry-Settlement : stipulation providing for compliance with the Act and disestablishment of company-dominated union- Order: entered on stipulation. Mr. Jack Davis, for the Board. Mr. Langdon Vest, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Amalgamated Lithographers of America, affiliated with the American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadelphia, Pennsylvania), issued its complaint dated January 13, -1939, against Lebanon Paper Box Company, Lebanon, Pennsylvania, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (2) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint accom- panied by notice of hearing was duly served upon the respondent and the Union. The respondent did not file an answer to the com- plaint. Concerning the unfair labor practices the complaint alleged, in substance, that the respondent interfered with and dominated the formation and administration of a labor organization among its em- ployees known as Independent Workers Lebanon Paper Box Com- pany and contributed financial and other support to it; and that the respondent, by the acts described above and by other activities, inter- fered with, restrained, and coerced its employees in the,exercise of the rights guaranteed in Section 7 of the Act. Prior to the issuance of the complaint, the respondent, the Union, and counsel for the Board had entered into a stipulation in settle- 12 N. L. R. B., No. 57. 487 488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ment of the case. The Board approved the stipulation, but there- after revoked its order of approval. On January 19, 1939, the respondent, the Union, and counsel for the Board entered into an- other stipulation in the settlement of the case. Thereafter, pursuant to the terms of the second stipulation, the formal papers in the pro- ceeding were filed with the Chief Trial Examiner of the Board at Washington, D. C., and thereby became part of the record in the case. This stipulation provides as follows: It is hereby stipulated by and between the Lebanon Paper Box Company, a corporation, respondent herein; Amalgamated Lithographers of America, affiliated with the A. F. of L., a party herein; and Jack Davis, Attorney for the National Labor Rela- tions Board, that : 1. Upon charges duly filed by the Amalgamated Lithographers of America, affiliated with the A. F. of L., the National Labor Relations Board, by the Regional Director for the Fourth Re- gion, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act (49 Stat. 449) and its Rules and Regulations, Series 1, as amended, issued its com- plaint on the 13th day of -January, against the Lebanon Paper Box Company, a corporation, respondent herein, upon which complaint this stipulation is based. II. Respondent, Lebanon Paper Box Company, is and has been since December 31, 1903, a corporation organized and exist- ing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business in Lebanon, Lebanon County, Commonwealth of Pennsylvania, and is now and has continuously been engaged at its plant and place of business at Lebanon, Pennsylvania, in the production, sale and distribution of folding and set up paper boxes and other kindred products; the respondent maintains and has maintained for several years last past a sales office in the City of New York, State of New York, and a warehouse in the City of Jersey City, State of New Jersey. III. The respondent, Lebanon Paper Box Company, in the course and conduct of its business, at its Lebanon plant, located as aforesaid, uses among other things the following materials in the manufacture of its said folding and set up paper boxes: Paper and cardboard; and acquires a large and substantial quan- tity, to wit, approximately fifty per cent, of these materials in States of the United States other than the Commonwealth of Pennsylvania, and in the course and conduct of its business causes and has continuously caused a large and substantial portion of these materials, to wit, approximately fifty per cent, to be trans- LEBANON PAPER, BOX COMPANY 489 ported in interstate commerce from and through States of the United States other than the Commonwealth of Pennsylvania, to its Lebanon plant in the Commonwealth of Pennsylvania, and there these raw materials are manufactured by the respondent into folding and set up paper boxes. That the approximate annual dollar volume of raw materials used by the respondent as aforesaid is $400,000. IV. The respondent, Lebanon Paper Box Company, manu- factures the products set forth in paragraph II at its Lebanon plant, and causes and has continuously caused approximately sixty per cent of these products produced by it to be sold and transported in interstate commerce from its Lebanon plant to, into and through States of the United States other than the Commonwealth of Pennsylvania. The respondent is engaged in interstate commerce within the meaning of the National Labor Relations Act and the Supreme Court decisions thereun- der. That the respondent's approximate annual dollar volume of products sold and shipped as aforesaid is $976,159.48. The approximate amount of respondent's annual pay roll is $331,- 493.86. V. The Amalgamated Lithographers of America is a labor organization affiliated with the American Federation of Labor, also a labor organization, admitting to its membership employees of the respondent. VI. The respondent, Lebanon Paper Box Company, a cor- poration, waives its right to a hearing as set forth in Sections 10 (b) and 10 (c) of the National Labor Relations Act, and the making of findings of fact and conclusions by the National Labor Relations Board. VII. This stipulation, together with the charge, complaint, notice of hearing, and Rules and Regulations of the National Labor Relations Board, may be introduced as evidence by filing them with the Chief Trial Examiner of the National Labor Re- lations Board at Washington, District of Columbia. VIII. Upon the basis of the allegations of fact contained in the foregoing complaint and upon the basis of this stipulation, if approved by the National Labor Relations Board, and upon the record herein, an order may forthwith be entered by the said Board and thereafter by the appropriate Circuit Court of Appeals subject to the provisions of paragraph IX hereof, pro- viding as follows : (1) Respondent, Lebanon Paper Box Company. a corporation, its officers, agents, successors and assigns, will cease and desist : (a) from in any manner dominating or interfering with the administration of the Independent Workers Lebanon Paper Box 490 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company, or with the formation or administration of any other labor organization of its employees, and from contributing ma- terial aid or support to said organization; from recognizing or dealing in any manner with the Independent Workers Lebanon Paper Box Company, or any group purporting to represent said organization; or from forming or maintaining any groups or designating any individuals to act as the representatives of the employees for the purposes of collective bargaining respecting any of the terms or conditions of employment. (b) from in any manner interfering with, restraining, or co- ercing its employees in the exercise of their right of self-organi- zation, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in concerted activities for the purposes of collective bar- gaining or other mutual aid or protection, as guaranteed under Section 7 of the National Labor Relations Act. (c) from giving effect to any and all contracts with the Inde- pendent Workers Lebanon Paper Box Company. (2) The respondent shall take the following affirmative action to effectuate the purposes of the National Labor Relations Act : (a) withdraw all recognition from the Independent Workers Lebanon Paper Box Company, as the representative of its em- ployees or any of them for the purpose of dealing with the re- spondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; and disestablish said Independent Workers Lebanon Paper Box Company; (b) inform in writing the officers of the Independent Work- ers Lebanon Paper Box Company that the respondent will not in any manner deal with or recognize the Independent Workers Lebanon Paper Box Company as a labor organization with- regards to wages, hours or other conditions of employment. (c) inform all of its officials and agents, including superin- tendents, foremen and other supervisory employees that they shall not in any manner approach employees concerning or dis- cuss with the employees the question of their labor affiliation, or threaten employees in any manner because of their membership in any labor organization in general, or the Amalgamated Li- thographers of America, affiliated with the A. F. of L., in par- ticular; (d) post and keep visible in a prominent place in each depart- ment of respondent's plant for a period of thirty (30) days after receipt, copies of the order to be entered by the National Labor Relations Board ; LEBANON PAPER BOX COMPANY 491 (e) respondent shall notify the Regional Director for the Fourth Region of compliance with the foregoing order within thirty (30) days from the date of its entry by the Board. IX. It is further stipulated and agreed that any Circuit Court of Appeals of the United States may, upon application by the National Labor Relations Board, enter a Decree enforcing any order of the Board in the form above set out, respondents hereby expressly waiving their rights to contest the entry of such Decree in any Circuit Court of Appeals of the United States and further expressly waiving their rights to receive notice of the filing by the National Labor Relations Board of an application for the entry of such a Decree. It is further understood and agreed, however, that should the respondent fulfill the terms of this stip- ulation and fully comply with the Order of the Board, the De- cree herein referred to shall not be entered in the Circuit Court of Appeals; and in the event of any future alleged violation or violations of the said Board's Order, the respondent shall be ac- corded a full hearing thereon before the National Labor Relations Board or its designated agent or agents before the entry of said Decree in a Circuit Court of Appeals. X. It is further stipulated and agreed that this stipulation is subject to the approval of the National Labor Relations Board. On January 28, 1939, the Board issued its order approving the above stipulation, making it part of the record, and transferring the proceedings to the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the stipulation. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, a Pennsylvania corporation with its principal of- fice and place of business at Lebanon, Pennsylvania, is engaged in the production, sale, and distribution of paper boxes and other kin- dred products. The respondent uses, annually, raw materials valued at approximately $400,000, of which about 50 per cent are acquired and shipped to its plant from points outside the State of Pennsyl- vania. The respondent sells and ships annually finished products amounting in value to about $976,159, 60 per cent of which are shipped from its plant to points outside the State of Pennsylvania. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. 492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Lebanon Paper Box Company, Lebanon, Pennsyl- vania, its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) In any manner dominating or interfering with the adminis- tration of the Independent Workers Lebanon Paper Box Company, or with the formation or administration of any other labor organiza- tion of its employees, and contributing material aid or support to said organization; recognizing or dealing in any manner with the Independent Workers Lebanon Paper Box Company, or any group purporting to represent said organization ; or forming or maintaining any groups or designating any individuals to act as the representa- tives of the employees for the purposes of collective bargaining respecting any of the terms or conditions of employment; (b) In any manner interfering with, restraining, or coercing its employees in the exercise of their rights of 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 purposes of collective bargaining or other mutual aid or protection, as guaranteed under Section 7 of the National Labor Relations Act; (c) Giving effect to any and all contracts with the Independent Workers Lebanon Paper Box Company. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act : (a) Withdraw all recognition from the Independent Workers Lebanon Paper Box Company as the representative of its employees or any of them for the purpose of dealing with the respondent con- cerning grievances, labor disputes, wages, rates of pay, hours of em- ployment, or other conditions of employment; and disestablish said Independent Workers Lebanon Paper Box Company; (b) Inform in writing the officers of the Independent Workers Lebanon Paper Box Company that the respondent will not in any manner deal with or recognize the Independent Workers Lebanon Paper Box Company as a labor organization with regard to wages, hours, or other conditions of employment; (c) Inform all of its officials and agents, including superintendents, foremen, and other supervisory employees that they shall not in any manner approach employees concerning or discuss with the employees the question of their labor affiliation, or threaten employees in any LEBANON PAPER BOX COMPANY 493 manner because of their membership in any labor organization in general, or the Amalgamated Lithographers of America, affiliated with the A. F. of L., in particular; (d) Post and keep visible in a prominent place in each depart- ment of respondent's plant for a period of thirty (30) days after receipt, copies of this Order; (e) Notify the Regional Director for the Fourth Region of com- pliance with this Order within thirty (30) days from the date hereof.