Schuckman Press, Inc.

National Labor Relations Board - Board DecisionsFeb 16, 1970

181 N.L.R.B. 158 (N.L.R.B. 1970)

158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Schuckman Press, Inc. and New York Printing Pressmen and Offset Workers Union No. 51, International Printing Pressmen and Assistants Union of North America , AFL-CIO Schuckman Press, Inc. and New York Printing Pressmen and Offset Workers Union No. 51, International Printing Pressmen and Assistants Union of North America , AFL-CIO; New York Press Assistants ' and Offset Workers Union No. 23, International Printing Pressmen and Assistants Union of North America , AFL-CIO; New York Typographical Union No. 6, International Typographical Union , AFL-CIO; New York Papercutters and Bookbinders Union No. 119, International Brotherhood of Bookbinders, AFL-CIO, Joint-Petitioners . Cases 2-CA-11415, and 2-RC-14716 February 16, 1970 SUPPLEMENTAL DECISION AND ORDER BY MEMBERS FANNING, BROWN, AND JENKINS On September 23, 1968 , the National Labor Relations Board issued its Decision and Order' in the above-entitled proceeding , adopting with one modification , the findings , conclusions, and recommendations of the Trial Examiner . In that Decision , the Board found that Respondent violated Section 8 (a)(1) and (5) of the National Labor Relations Act, as amended , and entered a bargaining order in favor of the Union. On June 16, 1969, the Supreme Court of the United States issued its opinion in N.L R B. v. Gissel Packing Company, 395 U.S. 575, affirming generally the Board ' s use of authorization cards in determining a union ' s majority status and the Board ' s power to issue a bargaining order based upon such showing where the Employer ' s unfair labor practices had a tendency to undermine the Union ' s majority and impede the election process. In view of the Supreme Court decision , the Board, acting on its own motion , decided to reexamine the Decision and Order herein. Accordingly, on August 7, 1969, the Board notified all the parties that it was reconsidering the Section 8 (a)(5) finding and the bargaining order 1172 NLRB No 256 issued in these cases and advised the parties that they could submit statements of position with respect to such issues . Thereafter , Respondent and the General Counsel filed timely statements of position. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with these cases to a three-member panel. The Board has considered the statements of position and the entire record in this proceeding and, as set forth below , shall reaffirm its original finding that Respondent violated Section 8(a)(5) and, (1) of the Act by refusing to recognize the Union as majority representative of the employees, and further finds that a bargaining order is necessary to effectuate the policies of the Act in this case. However , in adopting this remedy, we find it unnecessary to rely on the Trial Examiner's finding that Respondent lacked a good -faith doubt as to the Union's majority status. As found in our original Decision and Order Respondent ' s unlawful conduct , which included threats to the employees , interrogation, and promises of benefits , all of which occurred subsequent to the demand for recognition and the filing of the election petition , has undermined the Union's majority status. By engaging in such conduct and refusing to bargain with the majority representative of its employees , the Respondent violated Section 8(a)(5). In Gissel Packing Company, supra , the Supreme Court held that a bargaining order is appropriate where an employer commits unfair labor practices that tend to make a fair election an unlikely possibility . We are of the opinion that Respondent ' s unfair labor practices made an election a less reliable indication of the employees free choice than the cards by which they designated the Union to represent them . Therefore, a bargaining order is warranted . Accordingly, we shall reaffirm the unfair labor practice findings and the remedy provided therefor in the original Decision and Order herein. ORDER In view of the foregoing, and on the basis of the record as a whole, the National Labor Relations Board reaffirms its Order of September, 23, 1968, in this proceeding.