S. Austin Bicking Paper Mfg. Co.

National Labor Relations Board - Board Decisions

Mar 5, 1942

39 N.L.R.B. 460 (N.L.R.B. 1942)

In the Matter of S. AUSTIN BICKIN G PAPER MFG. Co. and UNITED
PAPER, NOVELTY & Toy WORKERS INTERNATIONAL UNION, C. I. O.
Case No.'C-2100.Decided March 5, 1942
Jurisdiction : paper products manufacturing industry.
Settlement : stipulation providing for compliance with the Act
' Remedial Orders : entered on stipulation.
Mr. Robert H. Kleeb, and Mr. Eugene M. Purver, for the Board.
Mr. Thomas C. Gawthrop , of West Chester , Pa., for the respondent.
Mr. Charles Bridgewater , of Philadelphia , Pa., for the Union.
Miss Melvern R . Krelow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Paper,
Novelty & Toy Workers International Union, C. I. 0., herein called
the Union, the National Labor Relations Board, herein called the
Board, by the Regional Director for the Fourth Region (Philadel-
phia, Pennsylvania) issued its complaint dated December 19, 1941,
against S. Austin Bicking Paper Mfg. Co., Downingtown, Pennsyl-
vania, 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. Copies of the complaint, accompanied by
notice of hearing, were duly served upon the respondent, the Union,
and'Bicking's Employee's Association,, herein called the Association,
a labor organization alleged in the complaint to be dominated and
supported by the respondent.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent (1)' in or about May 1941 instigated
and assisted in the formation of the Association; solicited member-
ship for the Association; paid certain employees for the time they
spent at an Association meeting for the purposes of organizing;
39 N. L. R B.. No. 82.
460
S. AUSTIN BICKING PAPER MFG . Co. 461
and assisted , dominated , contributed to the support of, and inter-
fered with the administration of said Association ; ( 2) authorized,
instigated , and acquiesced in (a) inquiries , statements , and conversa-
tions by certain persons, and more particularly by Frederick Bicking,
John Moore, Al Walton , Clinton Law, and Charles Mikle, for the
purpose of discouraging membership in and activity among its em-
ployees on behalf of the Union ; (b) threats , assaults , and the abduc-
tion of certain organizers of the Union , through Al Walton, Sam
Anderson , Charles Mikle , and Phil Kennedy , for the purpose of
discouraging membership in and activity on behalf of the Union;
and (3 ) by the foregoing acts, interfered with, restrained , and coerced
its employees in the exercise of the ' rights guaranteed in` Section 7
of the Act.
On January 5, 1942, the respondent filed an answer to the com-
plaint which denied that the respondent had engaged in the alleged
unfair labor practices and set forth certain affirmative defenses.
Pursuant to notice a hearing was held on January 29 and 30,
February 2 and 3, 1942, at Coatesville , Pennsylvania , before Tilford
E. Dudley, the Trial Examiner duly designated by the Chief Trial
Examiner . The Board , the respondent , and the Union were repre-
sented and participated in the hearing . The Association did not
appear at the hearing.
Thereafter , the respondent , the Union , and counsel for the Board
entered into a stipulation dated February 5, 1942, in settlement of
the case, subject to the approval of the Board. This stipulation
provides as follows :
STIPULATION
WHEREAS a charge and an amended charge were duly filed by
the United Paper, Novelty & Toy Workers International Union,
C. I. 0., and the National Labor Relations Board, by the Re-
gional Director of the Fourth Region, issued its complaint dated
the 19th day of December, 1941,
WHEREAS the complaint , accompanied by a notice of hearing,
was duly served upon S. Austin Bicking Paper Mfg. Co., alleg-
ing that S. Austin Bicking Paper Mfg. Co,. had engaged in un-
fair labor practices' affecting commerce within the meaning of
Section 8 , Subsections ( 1) and ( 2), and Section 2, Subsections
(6) and (7), of the National Labor Relations Act, and said
complaint also having been served upon Bicking 's Employee's
Association,
WHEREAS, pursuant to due notice , a hearing was conducted
by Tilford E. Dudley, Trial Examiner duly designated by the
National Labor Relations Board, at Coatesville , Pennsylvania,
462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
on January 29 and 30, February 2T and concluded on February 3,
1942, during which time S. Austin Bicking Paper Mfg. Co.;
United Paper, Novelty & Toy Workers International Union,
C. I. 0.; and the National Labor Relations Board were repre-
sented and participated in the hearing (Bicking's Employee's
Association did not appear and did not participate), and
WHEREAS S. Austin Bicking Paper Mfg. Co., although not
-admitting any of the unfair labor practice charges against it,
and the other parties hereto desire to dispense with further pro-
ceedings upon said complaint and to dispose of all issues created
by said complaint, -
Now, therefore, it is hereby stipulated and agreed by and be-
tween S. Austin Bicking Paper Mfg. Co., by Thomas C. Gaw-
throp, Attorney ; Robert H. Kleeb and Eugene M. Purver, At-
torneys for the National Labor Relations Board, and United
Paper, Novelty & Toy Workers International Union, C. I. 0.,
that :
1. This Stipulation, together with the National Labor Rela-
tions Board's exhibits admitted in evidence at the hearing on
January 29, 1942, to wit, the Complaint containing Notice of
Hearing, the amended charge, the Rules and Regulations of the
National Labor Relations Board, with proof of service thereof;
the designation of the Trial Examiner; and the Stipulation on
the interstate commerce features of the business of S. Austin
Bicking Paper Mfg. Co., shall constitute the record in this
proceeding.
2. The parties hereto waive their rights to a further hearing
of the proceedings by or before the National Labor Relations
Board and waive their rights to the making of findings of fact
and conclusions of law by the National Labor Relations Board.
3. United Paper, Novelty & Toy Workers International Union,
C. I. 0., and Bicking's Employees' Association are labor organi-
zations within the meaning of Section 2, Subsection '(5) of the
National Labor Relations Act.
4. An order, substantially in the following form, may be
entered by the National Labor Relations Board:
ORDER
S. Austin Bicking Paper Mfg..Co., its officers, agents, suc-
cessors, and assigns, shall :
1. Cease and desist from :
(a) In any 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
S. AUSTIN BICKING PAPER MFG. CO. 463
through representatives of their own choosing, and to engage in
concerted activities for the purpose of collective bargaining or
other mutual aid or protection, as guaranteed in Section 7 of the
National Labor Relations Act.
2. Take the following, affirmative action in order to effectuate
the purposes of the National Labor Relations Act :
(a) Inform its supervisory employees, agents and representa-
tives that they shall not threaten employees in any manner
because of their membership in United Paper, Novelty & Toy
Workers International Union, C. I. 0., or any other labor
organization ;
(b) Post immediately in conspicuous places in its plant, and
maintain posted for a period of at least sixty (60) consecutive
days from the date of posting, notices to its employees stating :
(1) that S. Austin Bicking Paper Mfg. Co. will not engage in
the conduct from which it is ordered to cease and desist in
paragraph 1 (a) of this Order; (2) that S. Austin Bicking Paper
Mfg. Co. will take the affirmative action set forth in paragraph
2 (a) of this Order;
(c) Notify the Regional Director for the Fourth Region, in
writing, within ten (10) days from the date of this Order the
manner and form in which S. Austin Bicking Paper Mfg. Co.
has complied with the provisions of this Order.
AND IT IS FURTHER ORDERED that the complaint be,
and it hereby is, dismissed insofar as it alleges violation of
Section 8, Subsection (2) of the National Labor Relations Act.
5. Upon application by the National Labor Relations Board,
without further notice to the parties, the United States Circuit
Court of Appeals for the Third Circuit, or any other appropriate
court as provided for in Section 10 (c) of the National Labor
Relations Act, may enter a decree embodying substantially the
above Order of the National Labor Relations Board, and the
parties hereto expressly waive their right to contest the entry
of such decree and further expressly waive any right to receive
notice of the filing by the National Labor Relations Board of
an application for the entry,of such a decree.
6. The entire agreement between the parties is contained within
the terms of this Stipulation and, there is no verbal agreement
of any kind which varies, alters, or adds to this Stipulation.
7. This Stipulation is subject to the approval of the National
Labor Relations Board and shall become effective immediately
upon the granting of such approval.
On February 16, 1942, the Board issued its Order approving the
above stipulation, making it a part of the record in the case, and
4 4 810 5 -4 2-vol .'3 9- 31
464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pursuant to Article II, Section 36, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, transferring
the proceeding 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 basis of the above stipulation and the entire record in
the case, the Board makes the following:
, FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
S. Austin Bicking Paper Mfg. Co., a Pennsylvania corporation, hav-
ing its principal office and place of business in Downingtown , Pennsyl-
vania, is engaged in the manufacture , sale, and distribution of paper
board and other paper products . During 1940 the respondent pur-
chased raw materials valued at $216,000, 30 percent of which were
shipped to it from points outside the Commonwealth of Pennsylvania.
During the same period the respondent manufactured finished prod-
ucts, the sales for which amounted to $700 ,000, of which approxi-
mately 50 percent were shipped by it to points outside the Common-
wealth of Pennsylvania.
The respondent admits that it is engaged in commerce within the
meaning of the Act.
We find that the above -described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact; the 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 S. Austin Bicking Paper Mfg. Co., Downingtown,
Pennsylvania, its officers, agents, successors , and assigns , shall:
1. Cease and desist from :
(a) In any 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 concerted
activities for the purpose of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act.
2. Take the following affirmative action in order to effectuate the
purposes of the, National Labor Relations Act :
(a) Inform its supervisory employees , agents and representatives
that they shall not threaten employees in any manner because of their
S. AUSTIN BICKING PAPER MFG. CO . 465
membership in United Paper, Novelty & Toy Workers International
Union, C. I. 0., or any other labor organization;
(b) Post immediately in conspicuous places in its plant, and main-
tain posted for a period of at least sixty (60) consecutive days from
the date of posting, notices to its employees stating: (1) that S.
Austin Bicking Paper Mfg. Co. will not' engage in the conduct from
which it is ordered to cease and desist in paragraph 1 (a) of this
Order; (2) that S. Austin Bicking Paper Mfg. Co. will take the
affirmative action set forth in paragraph 2 (a) of this Order;
(c) Notify the Regional Director for the Fourth Region, in writ-
ing, within ten (10) days from the date of this Order the manner
and form in which S. Austin Bicking Paper Mfg. Co. has complied
with the provisions of this Order.
AND IT IS FURTHER ORDERED that the complaint be, and it hereby is,
dismissed insofar as it alleges violation-of Section 8, Subsection (2)
of the National Labor Relations Act.