Rosenow Co.

National Labor Relations Board - Board Decisions

Oct 23, 1940

27 N.L.R.B. 1073 (N.L.R.B. 1940)

In the Matter of RosENOw COMPANY, A CORPORATION and INTERNA-
TIONAL PHOTO ENGRAVERS UNION OF NORTH AMERICA, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR
Case No. C-16,98.-Decided October 23, 1940
Jurisdiction : printing industry.
Settlement : stipulation providing for compliance with the Act
Remedial Orders : entered on stipulation
Mr. Stephen M. Reynolds, for the Board.
Mr. Lloyd M. Rosenow, and Hummer, Van Ness & Yowell, by Mr.
Laurence R. Van Ness and Mr. Robert J. Hwnzmer•, of Chicago, Ill.,
for the respondent.
Mr. Larry Gruber, of Chicago, Ill., for the Union.
Mr. Milton E. Harris, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by International Photo Engravers Union
of North 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 Thirteenth Region
(Chicago, Illinois), issued its complaint dated August 30, 1940,
against Rosenow Colnpany, Chicago, Illinois, herein called the re-
spondent, alleging that the respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce, within the'
meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
The complaint, containing a notice of hearing, was duly-served upon
the respondent and upon the Union.
With respect to the unfair labor practices, the complaint alleged
in substance that the respondent laid off Roy Rosebrock and Pete
Berg from on or about June 29, 1939, until on or about August 3,
1939, discriminated against Rosebrock, Berg, and Ben Schawk in the
distribution of overtime work from on or about August 3, 1939 to
27 N. L.R B, No 172
323428-42-vol 27-69 1073
1074 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
September 19, 1939, and laid off or discharged Rosebrock, Berg, and
Schawk on or about September 19, 1939, for the reason that they
joined and assisted the Union and engaged in concerted activities
for purposes of collective bargaining and other mutual aid and pro-
tection; and at all times thereafter refused to reinstate any of,them ;
and that the respondent thereby and by other acts interfered with,
restrained, and coerced employees in the exercise of the rights guar-
anteed in Section 7 of the Act.
Pursuant to notice, a hearing was held before James C. Paradise,
the Trial Examiner duly designated by the Board, in Chicago, Illi-
nois, on September 16, 19, 20, and 23, 1940. The Board and the
respondent were represented by counsel, and the Union by a repre-
sentative; all participated, in the hearing. On' September 23, 1940,
the respondent, the Union, and an attorney for the Board entered into
a stipulation, and on October 5, 1940, a supplemental stipulation, in
settlement of the case. The stipulation, as revised by the supple-
mental stipulation, reads as follows :
It is Hereby Stipulated and Agreed by and between Rosenow
Company, hereinafter called respondent, International Photo En-
gravers Union of North America, affiliated with the American
Federation of Labor, hereinafter called the union, and Stephen
M. Reynolds, attorney, National Labor Relations Board, that :
1. Upon charges duly filed by the union, through Larry Gruber,
as accredited agent and representative of the union for this pur-
pose, the National Labor Relations Board, hereinafter called
the Board,_ by, G. L. Patterson, Regional Director for the Thir-
teenth Region, acting pursuant to authority granted in Section
10 (b) of the National Labor Relations Act, 49 Stat. 449, here-
inafter called the Act, and pursuant to Article II, Section 5 and
Article IV, Section 1 of the National Labor Relations Board
Rules and Regulations, Series 2, as amended, duly issued a
Complaint and Notice of Hearing thereon on August 30, 1940,
against respondent. The Complaint and Notice of Hearing
thereon, the Second Amended Charge and a copy of National
Labor Relations Board Rules and Regulations, Series 2, as
amended, were duly served upon respondent and the union. A
hearing was held on September 16, 19, and 20, 1940, at Chicago,
Illinois, before James C. Paradise, the Trial Examiner duly
designated by the Board. The Board and "respondent were
represented by counsel and participated in the hearing. Full
opportunity to be heard, to examine and cross examine witnesses
and to introduce evidence bearing on the issues was afforded
all parties. On September 20, 1940, the hearing was adjourned
by the Trial Examiner until September 23, 1940, for the pur-
ROSENOW COMPANY 1075
pose, in part, of permitting the union and respondent to con-
tinue compliance negotiations.
2. Respondent is now and has been since 1901, a corporation
organized under and existing by virtue of the laws of the State
of Illinois, having its principal office and place of business in
the city of Chicago, County of Cook, State of Illinois, and is
now and has continuously been engaged at its plant in Chicago,
Illinois, in the manufacture, sale and distribution of photo-
engravings and printed advertising matter.
The raw materials used in -the manufacturing processes of
respondent consist principally of paper, printer's ink, sheet cop-
per, and chemicals and are purchased in an annual volume • of
approximately $175,000. All purchases are made through Chi-
cago jobbers but in excess of 50 per cent of such materials orig-
inate outside of the State of Illinois.
Sales of finished products of respondent approximate $630,000
annually. Advertising material printed by respondent for use
in direct by mail advertising 'campaigns and sales promotion
,campaigns of customers comprises a substantial proportion of
respondent's business. Respondent annually does a volume of
approximately $100,000 of such business for Standard Oil Com-
pany of Indiana. In excess of 50 per cent of the materials
printed for the Standard Oil Company of Indiana is shipped
by respondent directly to approximately 27 different locations
of the Standard Oil Company of Indiana in 12 States of the
United States other than the State of Illinois. The remainder
of the work done for this customer is delivered in Chicago but
a substantial part thereof is used in advertising products of
Standard Oil Company of Indiana outside the State of Illinois.
Respondent does similar printing for direct by mail advertis-
ing and sales promotion campaigns for the Hot Point Company
in an annual volume of approximately $100,000. The printed
matter produced for this account is delivered to the Hot Point
Company in Chicago which then utilizes it in advertising its
products throughout the United States.
Thirty-five to forty per cent of respondent's sales volume is at-
tributable to the sale of photo-engravings produced at the plant.
In excess of $40,000 is realized annually from sales of photo-
engravings to three customers located outside the State of Illi-
nois, namely, the Farnsworth Radio Corporation at Fort Wayne,
Indiana, the Upjohn Company at Kalamazoo, Michigan, and
the Bendix Home Appliances Company of South Bend, Indiana.
Most of the photo-engravings produced at the plant are sold
to customers located in Chicago, Illinois, but are reflected directly
1076 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the makeup and advertising contained in national publications,
such as-Esquire and Coronet, which paid respondent approxi-
mately $53,000 for engravings in the last year prior to the date
of this stipulation, Colliers, Saturday Evening Post, Ladies
Home Journal, Good Housekeeping, Hygeia, and Journal of
the American Medical Association.
Engravings to be contained in national publications, excepting
Esquire and Coronet, are largely made 'on orders from various
advertising agencies doing business in Chicago, Illinois.
Production of engravings for use in the nationally circulated
catalogs of such mail order firms as Spiegel, May, Stern Com-
pany and Montgomery, Ward and Company, also comprises a
substantial part of respondent's business.
Respondent admits for the purposes of this case that it is
subject to the jurisdiction of the National Labor Relations Board.
3. The union is a labor organization as defined in Section 2,
Subdivision (5) of the Act.
4. Upon the basis of the pleadings in this matter and this
stipulation and agreement, if approved by the Board, an Order
may forthwith be entered by the Board and a Decree enforcing
the same by the appropriate United States Circuit Court of
Appeals, the parties expressly waiving further notice of the ap-
plication by the Board to said Court for a Decree enforcing
said Order of the board, in the form set out as follows :
Respondent, its officers, agents, successors and assigns shall
(1) Cease and desist from :
(a) Discouraging membership in International Photo En-
gravers Union of North America, affiliated with the American,
Federation of Labor, or any other labor organization of its
employees, by discharging its employees, or in any manner
discriminating in regard to their hire and tenure of employ-
ment or any term or condition of employment because of their
membership in or activity in connection with any such-labor
organization.
(b) In any other manner interfering, witlh, restraining or
coercing its employees in the exercise of their riglits to self-
organization, to form, join or assist labor organizations, to bar-
gain collectively through' representatives of their own choosing,
and to engage in concerted activities for the purpose of collective
bargaining and other mutual aid or protection, as guaranteed
in Section 7 of the Act.
(2) Take the following affirmative action 'to effectuate the
policies of the Act : 7
ROSENOW COMPANY 1077
(a) Make,whole Ben Schawk, Pete Berg, and Roy Rosebrock
for any loss of pay they, have suffered by reason of their lay-
offs or discharges on or about September 19, 1939, by the pay-
ment to them of the sums set opposite their names below in
full and complete satisfaction of all liabilities of respondent
on account of the matters and things set forth in the Complaint
herein :
Ben Schawk------------------------------------- $775.00
Pete Berg ----------------- ---------------------- 550.00
Roy Rosebrock---------------------------------- 400 00
(b) Post and keep visible in conspicuous places throughout
the plant for a period of 60 days after receipt copies of
Section (1) (a) and (b) of this Order.
(c) Notify the Regional. Director of the National Labor
-Relations Board for the Thirteenth Region within a period of
ten. (10) days from, the date of this Order, what steps re-
spondent has taken to comply herewith.
4a. Respondent agrees to pay over the sums mentioned in the
proposed order contained in paragraph 4 hereof, to the persons
named therein immediately upon approval by the Board of this
stipulation and agreement.
5. It is expressly understood and agreed that in consideration
of the performance by respondent of its obligations assumed in
this stipulation and agreement, (1) said Ben Schawk, Pete Berg,
and Roy Rosebrock waive any right or rights they and each of
them may have to reinstatement to, their former employment
by respondent; (2) the union for itself and for Chicago Photo
Engravers Union, Local No. 5, its affiliated local, agrees that
any and all charges or claims which may have arisen under the
Act against respondent out of acts or events which occurred prior
to the execution of this stipulation and agreement shall be con-
sidered adjusted upon the performance by respondent of its
obligations assumed herein, and no such charges or claims will
hereafter be urged by the union against respondent.
6. The parties hereto waive the right to continuation of the
hearing herein and to the making of findings of fact and con-
clusions of law in this proceeding by the National Labor-Rela-
tions Board. There is no oral understanding or agreement which
varies from or adds to this stipulation and agreement.
Thereafter, the respondent filed its answer, denying in -substance
that it had engaged in any of the alleged unfair labor practices.'
On October 4, 1940, the attorneys for the respondent and an attorney -for, the -Board
entered Into a stipulation that the answer constituted a part of the record In this case.
1078 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On October 8, 1940, the Board issued an order approving the
aforesaid stipulation, making it part of the record in the, case, and '
transferring the proceeding to and continuing it before the Board
for the purpose of entry of a decision and order, pursuant to the
provisions 'of the said stipulation.
Upon the above stipulation and the pleadings in the case, the
Board makes the following :
FINDINGS OF FACT
I
1. THE BUSINESS OF THE RESPONDENT
The respondent,, an Illinois corporation, has its principal office
and place of business in Chicago, Illinois, where it manufactures,
sells and distributes photo-engravings and printed advertising matter.
The raw materials used by the respondent in manufacturing con-
sist principally of paper, printer's ink, sheet copper and chemicals,
and amount to approximately $175,000 a year; and more than 50 per
cent of such materials originate outside the State of Illinois. The
finished products sold by the respondent amount to approximately
$630,000 a year, a substantial part of which is transported to cus-
tomers located outside the State of Illinois. In addition, -a substan-
tial part of the finished products delivered to customers within the
State of Illinois are intended to be, and are, transported or otherwise
used by the customers outside the State of Illinois. The respondent
admits for the purposes of this case that it is subject to the jurisdic-
tion of the Board.
We find that the above described operations constitute a con-
tinuous flow of trade, traffic, and commerce among. the several
States. - '
ORDER
Upon the basis of the above findings of fact, the stipulations, and
.the pleadings 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, Rosenow Company, Chicago,
Illinois, its officers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Discouraging membership in International Photo Engravers
Union of North America, affiliated with the American Federation
of Labor, or any other labor organization of its employees, by dis-
charging its employees, or in- any manner discriminating in regard to
their hire and tenure of employment or any term or condition of
employment because of their membership in or activity in connection
with any such labor organization;
ROSENOW COMPANY - 1079
(b) In any other manner interfering with, restraining, or coercing
its employees in the exercise of their rights to self-organization, to
form, join or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in con-
certed activities for the purpose of collective bargaining and -other
mutual aid or protection, as guaranteed in Section 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Make whole Ben Schawk, Pete Berg, and Roy Rosebrock for
any loss of pay they have suffered by reason of their lay-offs or dis-
charges on or about September 19,'1939, by the payment to them of
the sums set opposite their names below, in full and complete satis-
faction of all liabilities of respondent on account of the matters and
things set forth in the complaint herein:
Ben Schawk-------------------------------------------- $775.00
Pete Berg---------------------------------------------- 550.00
Roy Rosebrock----------------------------------------- 400.06
(b) Post and keep visible in conspicuous places throughout the
plant for a period of sixty (60) consecutive' days after receipt copies
of Section 1 (a) and (b) of this Order;
(c) Notify the Regional Director of the National Labor Relations
Board for the Thirteenth Region within a period of ten (10) days
from the date of this Order, what steps respondent has' taken to
comply herewith.