Summers Printing Co.

National Labor Relations Board - Board DecisionsNov 19, 1938

9 N.L.R.B. 1011 (N.L.R.B. 1938)

In the Matter of SUMMERS PRINTING COMPANY, WAVERLY PRESS, INC., SCHNEIDEREITH & SONS, THOMSEN-ELLIS COMPANY, MARYLAND COLOR PRINTING COMPANY, WATKINS PRINTING COMPANY, FLEET- MCGINLEY COMPANY, MEYER & THALHEIMER, LUCAS BROTHERS, BALTIMORE TYPE & COMPOSITION CORPORATION, FRANKLIN PRINTING COMPANY, HARRY S. SCOTT, INC. and BALTIMORE ALLIED PRINTING TRADES COUNCIL Cases Nos. C--831 to C-842, inclusive. Decided November 19, 1938 Printing Industry-Settlement : stipulation providing for issuance , upon basis of stipulated facts and conclusions of law therefrom, of an order providing for cessation of unfair labor practices and disestablishment of company-domi- nated organization-Order: entered upon findings of fact and conclusions of law. Mr. Jacob Blum, for the Board. Mr. Theodore R. McKeldin, of Baltimore, Md., for the respondents. Mr. H. F. Hicks, of Baltimore, Md., for the Guild. Mr. Bernard W. Freund, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On July 5 and 28, 1938, Baltimore Allied Printing Trades Council, herein called the Union, filed with the Acting Regional Director for the Fifth Region (Baltimore, Maryland) charges against Summers Printing Company, Waverly Press, Inc., Schneidereith & Sons, Thomsen-Ellis Company, Maryland Color Printing Company, Wat- kins Printing Company, Fleet-McGinley Company, Meyer & Thal- heimer, Lucas Brothers, Baltimore Type & Composition Corporation, Franklin Printing Company, and Harry S. Scott, Inc., respectively, all of Baltimore, Maryland, and herein called the respondents, alleg- ing that each of the respondents 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. Upon the above charges, the National Labor Relations Board, herein called the Board, by the Acting Regional Director, issued its complaint against the respondents, dated August 3, 1938, with accom- 9 N. L. R. B., No. 93. 1011 134068-39--vol. ix-65 1012 NATIONAL LABOR RELATIONS BOARD panying notice of a hearing to be held thereon, alleging that the respondents had engaged in and were engaging in unfair labor prac- tices affecting commerce within the meaning of Section 8 (1) and (2) and Section 2 (6) and (7) of the Act. Copies of the complaint were duly served upon the respondents, the Union, and American, Guild of the Printing Industry Employees Association, herein called the Guild. With respect to the unfair labor practices, the complaint alleged in substance (1).that the respondents dominated and interfered with the formation and administration of the Guild and contributed financial and other support thereto, (2) that the respondents intimidated, re- strained, and coerced their employees, and in other ways attempted to prevent them from joining a labor organization of their own choos- ing, and (3) that, by the foregoing acts, the respondents interfered with,-restrained, and coerced their employees in the exercise of the rights guaranteed in Section 7 of the Act. Thereafter, the respondents, the Guild, and counsel for the Board entered into a stipulation dated August 3, 1938, which, with the- ex- ception, noted below, of certain matters incorporated therein by ref erence, reads as follows : Summers Printing Company, Waverly Press, Inc., Schneidereith & Sons, Thomsen-Ellis Company, Maryland Color Printing Com- pany, Watkins Printing Company, Fleet-McGinley Company, Meyer & Thalheimer, Lucas Brothers, Baltimore Type & Compo- sition Corporation, Franklin Printing Company and Harry S. Scott, Inc., (hereinafter referred to as the respondents), the, American Guild of the Printing Industry Employees' Associa- tion, (hereinafter referred to as the Guild), and the National; Labor Relations Board, Fifth Regional Office, (hereinafter re- ferred to as the Board), hereby stipulate and agree as follows: 1. On or about June 30, 1938, Baltimore Allied Printing Trades Council, '(hereinafter referred to as the Union), filed with the Acting Regional Director of the Board separate charges against, each of the' respondents above named, alleging that the said respondents had violated Section 8, subsections 1 and 2 of the National Labor Relations Act, in that in the year 1921 each of the respondents, by its officers, agents and employees, caused tos be formed the Guild, and has since dominated, interfered with and rendered financial assistance to that organization. 2. That each of the said respondents, by its duly designated' agent and through its counsel, agrees and stipulates that the said, respondents consent to the consolidation of these cases for the purpose of this stipulation and for the purpose of the passage, of one order and one decree, as hereinafter set out, to be binding DECISIONS AND ORDERS 1013 upon each of the said respondents. Said respondents, through their duly designated agents and counsel, admit service upon them of a formal complaint by the Acting Regional Director of the Board, and each specifically waives its rights to file any motions or answers objecting to jurisdiction, or setting forth any other defense they might have to the aforesaid charges. Each respond- ent specifically waives its rights to participate in a hearing be- fore a trial examiner of the National Labor Relations Board ; waives its rights to receive an Intermediate Report; and further waives its rights to the filing of any exceptions to any findings which might have been rendered by such trial examiner in a formal hearing. 3. Each of the above respondents, by its duly constituted agents and attorney, at the request of the Acting Regional Director of the Board, has submitted the following information as to its business, such data being expressly considered a part of such stipulation : (a) Summers Printing Co.-The officers of this company are Edward S. Hutton, President, and E. S. Hutton, Jr., Secretary- Treasurer. The directors include the Messrs. Hutton and Clin- ton Summers. The company is engaged in the printing business and is incorporated in the State of Maryland with a capitali- zation set at $50,000. The raw materials are bought from local jobbers. The company employs between 30 and 50 people. The value of its products approximates $200,000 per annum. The off-season occurs generally in the summer. Only 10% of its products are sold outside of the State of Maryland, and that principally in Virginia and New York. (b) Waverly Press, Inc.-The officers of this company are Edward Passano, President, E. M. Passano, Vice-President, C. W. Bates, Secretary, and W. M. Passano, Treasurer. The directors include the Messrs. Passano and Robert S. Gill. The company is engaged in the printing business, and was incor- porated in the State of Maryland in 1904, with a capitalization set at $200,000. The company specializes in the printing of books and periodicals, and obtains its paper from Pennsylvania. About 225 people work for the company and draw $6,500 a week in salary. The value of the company's products amounts to $600,000 per year, and the company is one of the larger in Mary- land. Large purveyors to the company include Dill & Collins of Philadelphia, Pa. 75% of its business is done outside of the State of Maryland, principally in the District of Columbia, Pennsylvania, New York, and Massachusetts. The company em- ploys salesmen and engages in direct mail advertising. The cus- 1014 NATIONAL LABOR RELATIONS BOARD tourers are billed Cash in 30 days. The company's chief com- petitors include Mack Printing Company of Easton, Pa., Banta Publishing Co. of Menasha, Wisconsin, and the Lord Baltimore Press of Baltimore, Maryland. (c) Schneidereith c6 Sons.-This firm is individually owned by C. William Schneidereith. It is engaged in the printing busi- ness and buys all of its raw products from local merchants in Baltimore. It employs 26 people, has about $40,000 per annum payroll, and the value of its products amounts to about $150,000 per annum. There is no off-season in this business. In 1937 only 3.8% of its business was done outside of the State of Maryland. Sales are promoted by salesmen and through direct advertising. The firm's customers are billed 30 days net. (d) Thomsen-Ellis Company.-The officers of this company are W. E. Thomsen, President, Frank T. Ellis, Vice-President, Vernon Hottes, Secretary and W. E. Thomsen, Jr., Treasurer. The directors include W. E. Thomsen, Frank T. Ellis, C. Rozel Thomsen, S. George Wolf and G. T. Danneker. The company is engaged in the printing business, and is incorporated in the State of Maryland. It obtains its paper and ink supplies from Balti- more jobbers. It employs approximately 35 people with a $50,000 annual payroll. The value of its products approximates $175,000 per year. An off-season occurs during the summer. Large pur- veyors to the company include Barton, Duer & Koch Paper Com- pany in Baltimore, Maryland. 40% to 50% of its products are sold outside of the State of Maryland, principally in Pennsyl- vania, New York and the District of Columbia. The company employs salesmen and uses direct mail advertising. The cus- tomers are billed 30 days net. (e) Maryland Color Printing Company.-The officers of this company are George K. Horn, President, Calvin L. Horn, Vice- President, Harry M. Huether, Secretary. The directors include the Messrs. Horn, Huether, and James McHenry and E. A. Mor- gan. The company is engaged in the manufacturing of labels, and was incorporated in the State of Maryland with a capitali- zation set at $183,000. Much of the raw materials comes from outside of the State of Maryland. The company employs ap- proximately 100 people. There is-no off-season. Large purvey- ors to the company include the West Virginia Pulp & Paper Company of New York City. 75% of its products are sold out- side of the State of Maryland. The company does no advertis- ing, and bills its customers net cash 30 days. (f) Watkins Printing Company.-The officers of this company are Anthony Watkins, President, Anthony Watkins, Jr., Vice- President, and M. E. Watkins, Secretary-Treasurer. The di- DECISIONS AND ORDERS 1015 rectors include Anthony Watkins, Anthony Watkins, Jr. and M. F. Watkins . The company is engaged in the printing busi- ness, and was incorporated in the State of Maryland in April, 1938, with a capitalization set at $50,000 . All raw materials are purchased from Baltimore jobbers . The company employs 18 people, and its payroll amounts to $20,000 per annum. The value of its products approximates $20,000 per annum. The off-season occurs during the summer . Large purveyors to the company include American Type Founders and Whitaker Paper Co. Only 20% of its products are sold outside of the State of Maryland, and that principally is confined to New York and Washington, D. C. Chief competitors are Fleet -McGinley and Summers Printing Company, both of Baltimore , Maryland . It bills its customers 30 and 60 days. (g) Fleet-McGinley Company.-The officers of this company are William M. Buery, President , and B. L. Gould, Treasurer. The directors include William M. Buery , R. L. Gould, Frank Gould, O. B. Conklin , F. G. Horn and S. L. Willard. The com- pany was incorporated in the State of Maryland on April 15, 1926, with a capitalization set at $150 ,000. The company is engaged in the printing business and purchases its raw mate- rials from Maryland , New York and Pennsylvania . It employs 125 people and has a weekly payroll of $4500. The value of its products reaches $8500 a week. The off-season occurs during the summer. Large purveyors to the company include West Vir- ginia Pulp & Paper Co. of New York City, and Baltimore Paper Company of Baltimore , Maryland . 50% of its products are sold outside of the State of Maryland . The company ships its print- ing by freight or express . The customers are billed 30 days net. (h) Meyer cC Thalheimer.-This firm is individually owned by Mary V. Thalheimer. It is engaged in the business of selling and distributing , at retail, stationery, printing and office furniture Paper is bought from local wholesalers in Baltimore. Other fin- ished goods obtained from various states , including Ohio, New York and Massachusetts . The firm employs approximately 70 people with a payroll varying from between $1400 and $1800 per week. The value of its products sold amounts to approximately $325,000 per week. There is an off-season during the summer. Large purveyors to this firm include General Fireproofing Com- pany of Youngstown , Ohio, National Blank Book Company of Holyoke, Massachusetts , and Barton , Duer & Koch Paper Com- pany of Baltimore , Maryland. Only 1/2 of 1% of the sales are made outside of the State of Maryland . The customers are billed 30 days net, 2 % 10 days, and for cash. Chief competitors are Lucas Brothers of Baltimore , Maryland. 1016 NATIONAL LABOR RELATIONS BOARD (i) Lucas Brothers.-The officers of this company are J. G. Kaufmann, President, J. Al. Gardiner, Vice-President, J. A. Wagner, Secretary, and S. Mallahan, Treasurer. The directors include Messrs. Kaufmann, Gardiner, Wagner and B. E. Lucas. The company is engaged in the stationery and office furniture business. It was incorporated in 1905 in the State of Maryland, with a capitalization set at $254,000. The company is engaged primarily in the retail sales of stationery and office furniture supplies, the printing constituting only a small part of its busi- ness. The paper supply is bought locally in Maryland, the sta- tionery is bought from New York, Massachusetts and Pennsyl- vania, and the office furniture from Ohio, Massachusetts and New York. These supplies are delivered to the company by rail, water and truck. The company employs about 100 people and its annual payroll is $125,000. The volume of its products is set at $450,000, and the value of these products at $275,000, all per annum. Lucas Brothers holds a relatively large position in the stationery and office furniture business, but are very small in the printing business. The off-season in this business occurs during the summer-time, and during the past 6 months there has been a retrenchment in the business. Large purveyors to the company include Boorum & Prase Company 1 of New York, Globe-Wer- nicke Co. of Cincinnati, Ohio, McMillan Company of Syracuse, New York, Standard Desk Company of Herkimer, New York, and Barton, Duer & Koch Paper Company of Baltimore, Mary- land. About 10% of the company's sales are made outside of the State of Maryland, principally to small cities in Virginia. The company does some advertising through local papers and by direct mail. Delivery methods are confined to railroad, water and truck. The company bills its customers on 30 day credit, 2% 10 days and cash and D. The company's chief competitor is Meyer & Thalheimer of Baltimore, Md. (j) Baltimore Type d Composition Corporation.-The officers of this company are Herbert F. Garnowsky, President, John IT. Hesse, Vice-President, and F. Vernon Garnowsky, Treasurer. The directors are the same. The company is engaged in the manufacture and distributing of type for printing. The com- pany was incorporated in March, 1926, in the State of Delaware, with a capitalization set at $300,000. The company purchases its raw materials from Philadelphia, Pa., New York, N. Y., and Chicago, Illinois. 45 people are employed, and the payroll per week runs $1400. The value of the products amounts to $190,000 'Apparently incorrect ; should be Boorum and Pease Company . See Matter of Boorum and Pease Company and United Paper Workers Local Industrial anion #292, affiliated with the Committee for Industrial Organization, 7 N. L R B 486 DECISIONS AND ORDERS 1017 per annum . The off-season is during the summer . Large pur- veyors include the Imperial Type Metal Co. of Philadelphia, Pa. 35% of its business is done outside of the State of Maryland, principally in New York , Pennsylvania, Illinois and Delaware. The company employs wholesalers , jobbers and salesmen, and advertises by direct mail and through trade journals . Customers are billed 30 days net . The company 's chief competitor is the American Type Foundry. (k) Franklin Printing Co.-The officers of the company are J. Carroll Watts, President , E. M. Madden , Secretary. The directors include Messrs. Watts, Madden and R . P. Pistel. The company engages in the printing business , and was incorporated in the State of Maryland in March, 1912 , with a capitalization set at $20,000 . Raw materials are purchased from local ware- houses. The company employs 6 people and has a payroll of $120 per week . The total value of the products is $40,000 a year. The off-season is during the summer. Principal purveyors are Barton, Duer & Koch Paper Company of Baltimore , Maryland. Only 10% of its business is done outside of the State of Mary- land, and that principally in the District of Columbia. The customers are billed 30 days net. (1) Harry S. Scott , Inc.-The officers of this company are Harry S. Scott, President, G. Frey, Vice-President and Secre- tary, and Harry S. Scott, Treasurer . The directors are Harry S. Scott, George Frey, Emil Yursick and Fred S. Ridgeway. The company is engaged in the printing business , and was incorpo- rated in the State of Maryland in April , 1937 , with a capitaliza- tion set at $3240. The raw materials are all purchased from local firms. The value of its products amounts to only $19,000 a year. The company employs 8 people and has a weekly payroll of $160 .00. An off-season occurs during the summer. Only 21/2% of its business is done outside of the State of Maryland, that principally in Pennsylvania . The company employs salesmen and engages in some direct mail advertising . The customers are billed 30 days net. 4. It is further stipulated and agreed that the Union is a labor organization within the meaning of Section 2, subdivision 5 of the National Labor Relations Act, and the Guild is a labor or- ganization within the meaning of Section 2 , subdivision 5 of the National Labor Relations Act. 5. It is further stipulated and agreed that the following and the foregoing facts may be entered into a record to be made up by an official reporter of the National Labor Relations Board, and is to be considered by the said Board as fully as if such facts 1018 NATIONAL LABOR RELATIONS BOARD had been testified to by competent witnesses duly sworn before a trial examiner of the National Labor Relations Board and inter- rogated by the Board's counsel and cross-examined by the re- spondent's counsel and counsel for the Guild. 6. The following facts are those to which competent witnesses would testify if called and sworn : In 1921 a general strike was called in Baltimore, Maryland, in the printing industry. In order to combat such strike and unionization in the industry, Mr. Edward B. Passano, Presi- dent of the Waverly Press, Inc., conceived the idea of forming an organization of employees and employers for the purpose of mutual aid and protection and collective bargaining. Before putting such plan into effect, the said Mr. Passano held a din- ner of representative people of the United States in various walks of life, including representatives of labor, in which such plan was promulgated, and to which dinner he requested opin- ions of the assembled guests. Following such dinner, the said Mr. Passano, together with several other employers in the printing industry, communi- cated with a well-known man in the industrial field to proceed from the State of Washington to the City of Baltimore at the expense of the said employers for the purpose of setting up the plan above referred to. The plan was set up under the direc- tion of this individual whose original salary was paid by the employers. The plan provided for a constitution and bylaws, copy of said constitution being herewith annexed and considered a part of this stipulation as fully as if said constitution had been offered at hearing as a Board exhibit.2 Said constitution sets forth the functions of the plan, which is in existence yet, under the same set-up as set forth in that constitution, with, however, another director, H. F. Hicks, whose salary is paid by the Guild, whose finances are built up by contributions from em- ployers and employees jointly. Attached hereto and prayed to be taken a part of this stipu- lation is an application for membership to be filled out by em- ployers, and an application for membership to be filled out by employees, such applications to be considered a part of this stipulation as fully as if such applications had been offered -in evidence as a Board exhibit at a hearing.' The employer ap- plication for membership provides, among other things, that 2 This document will not be set forth herein s These documents will not be set forth herein. DECISIONS AND ORDERS 1019 the applicant employer pledges his active support to the Guild, and that he will exhaust every means provided by the Guild for the adjustment of difficulties between its members before employing any other means, and insofar as he is able, he will assist in increasing the Guild's membership. Article 4 of the constitution above mentioned, which appears on Page 13 of the aforementioned exhibit, provides ' for ,com- pany initiatory and the payment by the company of dues. Employee representatives to the plan are elected by a secret ballot, which ballot is conducted by the aforementioned Hicks, and employer representatives to the plan are also elected by secret ballot also conducted by Hicks. 7. On the basis of the foregoing facts, the respondents and the Guild agree that the National Labor Relations Board shall enter an order as follows : ORDER Upon the basis of the findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondents, their officers, agents, successors and assigns shall: 1. Cease and desist : (a) From in any manner discouraging membership in the Union, or any other labor organization of their employees; (b) From in any manner dominating or interfering with the administration of the Guild, or any other labor organization of their employees, and from contributing support to the Guild, or to any other labor organization of their employees; (c) From giving effect to any collective bargaining contracts with the Guild; (d) From in any other manner interfering with, restraining, or coercing their employees in the exercise of their rights 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 collec- tive bargaining and other mutual aid and protection , as guaran- teed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the National Labor Relations Board finds will effectuate the policies of the Act : (a) Withdraw all recognition from the Guild as representative of any of their employees for the purpose of dealing with the respondents concerning grievances, labor disputes, wages, rates 1020 NATIONAL LABOR RELATIONS BOARD of pay, hours of employment, or conditions of work, and com- pletely disestablish the Guild as such representative ; (b) Immediately post notices in conspicuous places through- out their plants and maintain such notices for a period of thirty (30) consecutive days, stating (1) that the respondents will cease and desist as aforesaid, and (2) that the respondents will with- draw all recognition from the Guild as the representative of any of their employees for the purpose of dealing with the respond- ents concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and that the Guild is disestablished as such representative; (c) Notify the Regional Director for the Fifth Region in writing within ten (10) days from the date of the order what steps the respondents have taken to comply herewith. 8. It is understood and agreed that the passage of such order as set forth in paragraph 7 above, shall in no wise interfere with the continued functioning of the Guild as a purely hospitalization and group insurance organization, and for those purposes the Guild may retain its present name with some addenda which will show the purposes of the organization. - 9. The respondents herein, and each of them, consent to the entry by any Circuit Court of Appeals of the United States of a decree enforcing an order of the National Labor Relations Board in the form above; the respondents, and each of them, expressly waive their rights to contest the entry of any such decree by any Circuit Court of Appeals of the United States, and waive their rights to notice of a filing of an application by the National Labor Relations Board for the entry of any such decree. The entry of such a decree may be individually sought against any respondent herein named. 10. All of the foregoing shall be subject to the approval of the National Labor Relations Board. By order dated August 26, 1938, the Board (1) consolidated the cases against the respondents for all purposes, pursuant to Article IV, in accordance with Article II, Section 37, of the said Rules and Regu- lations-Series 1, as amended, (2) approved the said stipulation and made it a part of the record in the consolidated cases, and (3) ordered, in accordance with Article II, Section 37, of the said Rules and Regu- lations, that the proceedings be transferred to and continued before the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the said stipulation. The charges, the complaint, the notice of hearing, together with the proofs of service thereof, are hereby made a part of the record in the con- solidated cases. DECISIONS AND ORDERS 1021 Upon the basis of the above stipulation, and upon the entire record in the consolidated cases, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENTS Summers Printing Company, a Maryland corporation, with its place of business in the State of Maryland, is engaged in the printing business, employing between 30 and 50 persons. The value of its products is approximately $200,000 per year. The company buys its raw materials in Maryland, and sells 10 per cent of its products out- side of Maryland, principally in Virginia and New York. Waverly Press, Inc., a Maryland corporation, with its place of business in the State of Maryland, is engaged in the printing busi- ness, specializing in the printing of books and periodicals. It employs about 225 persons, and has a weekly pay roll of $6,500. The value of its products is $600,000 per year. It obtains its paper from Pennsylvania, and transacts 75 per cent of its business outside of Maryland, principally in the District of Columbia, Pennsylvania, New York, and Massachusetts. Schneidereith & Sons is the firm name under which C. William Schneidereith, an individual, is engaged in the printing business. The firm, located in the State of Maryland, employs 26 persons, and has an annual pay roll of about $40,000. The value of the firm's products is about $150,000 per year. It purchases all its raw materials in Maryland, and transacts 3.8 per cent of its business outside of Maryland. Thomsen-Ellis Company, a Maryland corporation, with its place of business in the State of Maryland, is engaged in the printing business. It employs approximately 35 persons, and has an annual pay roll of $50,000. The value of its products is approximately $175,000 per year. It obtains its paper and ink supplies in Baltimore, Maryland, and sells from 40 to 50 per cent of its products outside of Maryland, prin- cipally in Pennsylvania, New York, and the District of Columbia. Maryland Color Printing Company, a Maryland corporation, with its place of business in the State of Maryland, is engaged in manufac- turing labels, employing approximately 100 persons. Much of the raw materials comes from outside Maryland, and 75 per cent of the company's products are sold outside Maryland. Watkins Printing Company, a Maryland corporation, with its place of business in the State of Maryland, is engaged in the printing busi- ness. It employs 18 persons, and has an annual pay roll of $20,000. The value of its products is approximately $20,000 per year.4 The company purchases all its raw materials in Maryland, and sells 20 4 So stipulated. See Paragraph 3 (f) of the stipulation, supra. 1022 NATIONAL LABOR RELATIONS BOARD per cent of its products outside of Maryland, principally in New York and the District of Columbia. Fleet-McGinley Company, a Maryland corporation, with its place of business in the State of Maryland, is engaged in the printing busi- ness. It employs 125 persons and has a weekly pay roll of $4,500. The value of its products reaches $8,500 per week. The company pur- chases its raw materials from Maryland, New York, and Pennsyl- vania, and sells 50 per cent of its products outside Maryland. Meyer cC Thalheimer is the firm name under which Mary V. Thal- heimer, an individual, is engaged in the business of selling and dis- tributing stationery, printing and office furniture, at retail. The firm, located in the State of Maryland, employs approximately 70 persons, and has a weekly pay roll of between $1,400 and $1,800. The value of its products sold is approximately $325,000 per week.5 It purchases its paper in Maryland, and obtains other finished goods from various States, including Ohio, New York, and Massachusetts. One-half of one per cent of the sales are made outside of Maryland. Lucas Brothers, a Maryland corporation, is engaged in the station- ery and office furniture business and in the printing business, in the State of Maryland. The company holds a relatively large position in the stationery and office furniture business, in which it is pri- marily engaged. It employs about 100 persons, and has an annual pay roll of $125,000. The paper supply of the company is purchased in Maryland, the stationery from New York, Massachusetts, and Pennsylvania, and the office furniture from Ohio, Massachusetts, and New York, all these supplies being delivered to the company by rail, water, or truck. The volume of its products is approximately $450,000 per year, and the value of these products is approximately $275,000 per year. About 10 per cent of the company's sales are made outside of Maryland, principally to small cities in Virginia. Deliv- ery methods are confined to railroad, water, and truck. Baltimore Type cC Composition Corporation, a Delaware corpora- tion, with its place of business in the State of Maryland, is engaged in manufacturing and distributing type for printing. It employs 45 persons and has a weekly pay roll of approximately $1,400. The value of its products is approximately $190,000 per year. It pur- chases its raw materials from Pennsylvania, New York, and Illinois, and does 35 per cent of its business outside of Maryland, principally in New York, Pennsylvania, Illinois, and Delaware. Franklin Printing Company, a Maryland corporation, with its place of business in the State of Maryland, is engaged in the printing business. It employs six persons, and has a weekly pay roll of $120. The total value of its products is $40,000 per year. The company 5 So stipulated. See paragraph 3 (h) of the stipulation , sup7a. DECISIONS AND ORDERS 1023 purchases its raw materials in Maryland, and does 10 per cent of its business outside of Maryland, principally in the District of Columbia. Harry S. Scott, Inc., a Maryland corporation, with its place of business in the State of Maryland, is engaged in the printing busi- ness. It employs eight persons and has a weekly pay roll of $160. The value of its products is $19,000 per year. It purchases all its raw materials in Maryland and does 2.5 per cent of its business out- side of Maryland, principally in Pennsylvania. H. THE ORGANIZATIONS INVOLVED Baltimore Allied Printing Trades Council and American Guild of the Printing Industry Employees Association are labor organizations. III. THE UNFAIR LABOR PRACTICES In 1921, a general strike was called in Baltimore , Maryland, in the printing industry . In order to combats this strike and unionization in the industry, Edward B. Passano , president of the respondent Waverly Press, Inc., conceived the idea of forming an organization of employees and employers for the purpose of mutual aid and protec- tion and collective bargaining . Following a dinner held by Passano at which he discussed his plan with "representative people of the United States in various walks of life , including representatives of labor," the plan was put into effect under the direction of "a well- known man in the industrial field," employed for that purpose by Passano and several other employers in the printing industry, with provision for a constitution establishing the American Guild of the Printing Industry , and for bylaws therefor. The Guild is still in existence under the same set-up as set forth in the said constitution , under the direction of an Executive Manager whose salary is paid by the Guild. Its objects in part are to provide an association in which both employer and employee are eligible for membership , and to provide means for joint conference between employers and employees concerning wages, hours , and working con- ditions. Its constitution provides for the establishment of Chapters, constituted of all members residing and working in a city and its environs . The constitution may be altered only with the assent of two-thirds present at a meeting of the Chapter at which a quorum is present. Each Chapter is governed by a Chapter Board, elected annually by secret ballot conducted by the Executive Manager, consisting of six employers elected by the employer members of the Chapter and six employees elected by the employee members of the Chapter. It is the duty of the Chapter Board, in part , to pass finally on all mat- ters arising within and pertaining to the Chapter, to draw up by- laws for the guidance of the - Chapter, to decide all questions of 1024 NATIONAL LABOR RELALT iONS 1OAICD wages, hours, and working conditions, to fix wage and hour levels for the Chapter, and to promote the interests of the Guild and the objects for which it is established. ° Membership in the Guild is restricted to concerns and white indi- viduals engaged in the printing and allied industries, including all such individuals from chief executive to apprentice. Application cards for 'membership in the Guild by a company provide in part for a pledge by the company that it will actively support the Guild and will assist in increasing its membership. All applications for mem- bership must be approved by a majority vote of the Chapter Board. Individual members pay an initiation fee of $1.00, and company members pay an initiation fee in a sum equivalent to $1.00 for each member employed by the company. Dues are paid by each company member in a sum equal to the aggregate amount of dues paid by all individual members employed by the company. The amount of dues is fixed by the Chapter Board. Upon the basis of the above findings of fact and stipulation, and upon the entire record in the consolidated cases, the Board makes the following : CONCLUSIONS OF LAW 1. Baltimore Allied Printing Trades Council and American Guild of the Printing Industry Employees Association are labor organiza- tions, within the meaning of Section 2 (5) of the Act. 2. By interfering with, restraining, and coercing their employees in the exercise of rights guaranteed by Section 7 of the Act, the respondents, and each of them, have engaged in and are engaging in unfair labor practices, within the meaning of Section 8 (1) of the Act. 3. By dominating and interfering with the administration of Ani erican Guild of the Printing Industry Employees Association, and by contributing financial and other support thereto, the respondents, and each of them, have engaged in and are engaging in unfair labor practices, within the meaning of Section 8 (2) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting commerce, within the meaning of Section 2 (6) and (7) of the Act. ORDER Upon the basis of the findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondents, their officers, agents, successors and assigns shall: 1. Cease and desist: (a) From in any manner discouraging membership in the Union, or any other labor organization of their employees; DECISIONS AND ORDERS 1025 (b) From in any manner dominating or interfering with the ad- ministration of the Guild, or any other labor organization of their employees, and from contributing support to the Guild, or to any other labor organization of their employees; (c) From giving effect to any collective bargaining contracts with the Guild ; (d) From in any other manner interfering with, restraining, or coercing their employees in the exercise of their rights to self-organi- zation, to form, join or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining and other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the National Labor Relations Board finds will effectuate the policies of the Act : (a) Withdraw all recognition from the Guild as representative of any of their employees for the purpose of dealing with the re- spondents concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and completely disestab- lish the Guild as such representative; (b) Immediately post notices in conspicuous places throughout their plants and maintain such notices for a period of thirty (30) consecutive days, stating (1) that the respondents will cease and desist as aforesaid, and (2) that the respondents will withdraw all recognition from the Guild as the representative of any of their em- ployees for the purpose of dealing with the respondents concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and that the Guild is disestablished as such representative; (c) Notify the Regional Director for the Fifth Region in writing within ten (10) days from the date of this order what steps the respondents have taken to comply herewith.