The Cuneo Press, Inc.

National Labor Relations Board - Board Decisions

May 14, 1942

40 N.L.R.B. 1380 (N.L.R.B. 1942)

In the Matter of THE CUNEO PRESS, INC. and OFFICE EMPLOYES'
UNION, LOCAL No. 20 7 32, AFFILIATED WITH THE AMERICAN FEDERA-
TION OF LABOR
Case No. C-21817-Decided May 14, 1942
Jurisdiction : publishing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. David Karasick, for the Board.
Mr. Carlton L. Fischer, of Chicago, Ill., for the respondent.
Mr. S. G. Lippman, of Chicago, Ill., for the Union.
Mr. Cecil F. Poole, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a second amended charge duly filed by Office Employes'
Union, Local No. 20732, affiliated with the American Federation of
Labor, herein called the Union, the National Labor Relations Board,
herein called the Board, by its Regional Director for the Thirteenth
Region (Chicago, Illinois), issued its complaint dated April 18, 1942,
against The Cuneo Press, Inc., Chicago, Illinois, 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 (3) 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 and the Union.
With respect to the unfair labor practices, the complaint alleged
in substance: (1) that the respondent expressed disapproval of the
Union and other labor organizations, and warned its office employees
to refrain from assisting the Union and from becoming or remaining
members of the Union; threatened to discharge its employees for
membership in or, assistance to the Union; engaged in surveillance
40 N L. R. B., No -246
1380
THE' CUNEO PRESS, INC. 1381,
of union meetings; segregated and kept under observation an em-
ployee whom the respondent suspected of union activity; questioned
its employees as to their union membership and activity; urged and
warned its employees who went on strike on or about March 26, 1941,
.to return to work and abandon their concerted activities; and, on
or about March 31, 1941, discharged the striking employees; (2) that
the respondent discharged three named employees because of their
union activities; 1 (3) that, by reason of the acts above set forth,
the office employees of the respondent went out on strike from March
26, 1941, until May 21, 1941; and (4) that the respondent refused
and failed to reinstate two of its employees 2 because of their par-
ticipation in the strike and other union activities, although the Union
on or about May 21, 1941, and at various time thereafter, applied to^
the respondent for reinstatement of all the strikers to their former
positions, and although the strike had been caused by the unfair labor
practices committed by the respondent.
The respondent did not file an answer to the complaint.
On April 23, 1942, prior to the scheduled hearing in the case, the
respondent, the Union, and an attorney for the Board entered into a
stipulation, subject to the approval of the Board, in settlement of the
case. The stipulation provides as follows :
IT IS IIEREBY STIPULATED AND AGREED by and between The Cuneo
Press, Inc., hereinafter called the Respondent, Office Employes'
Union, Local No. 20732, Affiliated with the American Federation
of Labor, hereinafter called the Union, and David Karasick,
Attorney, for the Thirteenth Region of the National Labor
Relations Board, that:
I
Upon charges and amended charges filed by the Union, the
National Labor Relations Board, hereinafter called the Board,
by the Acting Regional Director for the Thirteenth Region,
issued its Complaint dated April 18, 1942, against the Respondent
alleging that the Respondent did engage in and is engaging 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, hereinafter called the Act.
The Complaint, accompanied by Notice of Hearing, was. duly
served upon the Respondent and the Union.
1 The complaint alleged that the respondent discharged Maryan Sanzenbacher on or
about February 28, 1941 , and refused to reinstate her until January 7 , 1942 , discharged:
Michael Rezek on or about March 24, 1941 , and refused to reinstate him until May 26,
1941; and discharged Eleanor Petersen on of about .lurch 24, 1941 , and thereafter failed
and refused to reinstate her.
2 Charles Noble and James Algozino
1382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II
Although the Respondent denies that the unfair labor practices
.alleged in the Complaint have been committed, it nevertheless
now joins in this Stipulation and Agreement solely for the pur-
poses herein stated, to the end that this matter may be amicably'
settled. The Union accepts the provisions hereinafter set forth
as full settlement of the matters alleged in the charges and
amended charges heretofore filed by the Union.
III
The Cuneo Press, Inc., an Illinois corporation, is engaged in
the printing business in all its branches, including the printing,
binding, and shipping of magazines and other publications. Its
principal office and place of business is located in Chicago, Illi-
nois. Subsidiary corporations, also engaged in the printing
business, are located in New York City, Philadelphia, Pennsyl-
vania, and Milwaukee, Wisconsin. Only the Chicago plant is
involved in this proceeding. In operating its Chicago plant, the
Respondent purchases and uses paper stock, printer's ink and
accessory materials required for stapling, binding, packing and
shipping magazines and other periodicals, which it prints. Said
purchases annually are valued in excess of $1,000,000, more than
25 percent of which are shipped from States other than the State
,of Illinois. The annual sales of the Respondent at its Chicago
plant are in excess of $1,000,000, and more than 25 percent of
its products are shipped to States other than the State of Illinois.
IV
Office Employes' Union Local No. 20732, Affiliated with the
American Federation of Labor, is a labor organization within
.the meaning of Section 2 (5) of the Act.
V `
This Stipulation and Agreement , together with the Second
Amended Charge, Complaint and Notice of Hearing , and Affi-
davit as to Service of Complaint and Notice of Hearing, shall
constitute the entire record in this proceeding and may be filed
with the Chief Trial Examiner of the Board in Washington,
D. C.
i
VI
The parties hereto expressly waive the right to a hearing
herein and to the making of findings of fact and conclusions of
law in this proceeding by the Board.
THE CIJ:NEO PRESS, INC.
VII
1383
Upon the basis of the record herein and this Stipulation and
Agreement , if approved by the Board, an Order may forthwith
be entered by the Board providing as follows :
The Respondent , The Cuneo Press, Inc., and its officers, agents,
successors and assigns , shall :
1. Cease and desist from:
(a) Discouraging membership in Office Employes ' Union,
Local No. 20732, affiliated with the American Federation of
Labor, or any other labor organization of its employees by dis-
charging , laying off or refusing to reinstate any of its employees
or in any other manner discriminating in regard to their hire
or tenure of employment or any terms or conditions of their
employment.
(b) In any other manner interfering with , restraining, or
coercing its employees in the exercise of the right to self-organiza-
tion, to form , join or assist labor organizations , to bargain col-
lectively through representatives of their own choosing, or to
engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection , as guaranteed in
Section 7 of the National Labor Relations Act.
2. Take the following action to effectuate the policies of the
Act :
(a) Pay to Charles Noble, James Algozin'o, Michael Rezek,
Eleanor Petersen and Maryan Sanzenbacher , and each of them,
for any loss of pay they, and each of them, may have suffered
by-reason of the Respondent 's discrimination against them, the
sum set opposite his or her name as follows :
Charles Noble------------------------------------ $1, 330 70
James Algozino ---------------------------------- 570.25
Michael Rezek----------------------------------- 92.25
Eleanor Petersen--------------------------------- 6 80
Maryan Sanzenbacher---------------------------- • None
(b) Post immediately upon the-bulletin board at the entrance
to the employment office on the 2nd floor of Building No. 3 and
on the bulletin boards maintained on the 5th and 6th floors of
Building No. 4, in its Chicago, Illinois, plant , and in conspicuous
positions in such other places in its Chicago, Illinois, plant, which
may be necessary to bring to the attention of all its office em-
ployees, and maintain for a period of sixty ( 60) consecutive days,
notices to its employees ' stating : (1) that the Respondent will
not engage in the conduct from which it is ordered to cease and
desist in paragraphs 1 (a) and ( b) of this . Order; and (2) that
1384 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
the Respondent's employees are free to become or remain members.
of Office Employes' Union, Local No. 20732, affiliated with the-
American Federation of Labor, and that the Respondent. -will
not discriminate against any employee because of membership
or activity in that organization.
(c) Notify the Regional Director for the Thirteenth Region,
in writing, within ten (10) days from the date of this Order
what steps the Respondent has taken to comply herewith.
VIII
It is understood and agreed that Charles Noble, James Algo-
zino, Eleanor Petersen and Maryan Sanzenbacher have waived
any right or rights they have, and each of them may have, to,
reinstatement to their former employment by the Respondent.
IX
After the entry of the Order by the Board as provided in
this Stipulation and Agreement, the United States Circuit Court
of Appeals for the Seventh Circuit, may, upon application by
the Board and without notice to the Respondent, enter a Decree
enforcing in full the said Order of the Board, and each of the
parties hereto hereby consents to the entry of such Decree and
hereby waives any and all requirements of notice of the filing
of such application by the Board.
X
This Stipulation and Agreement is subject to and shall become
effective upon approval of the Board.
XI
There is no oral understanding or agreement which varies
from or adds to this Stipulation and Agreement.
On May 2, 1942, the Board issued an order approving the stipula-
tion, making it a part of the record and, pursuant to Article II,
Section 36, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, transferring the proceeding to the Board
for the purpose of entry of a decision and order 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 :
THE CUNE'0' PRESS, INC.
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
1385
The Cuneo Press, Inc., is a corporation organized under the laws
of the State of Illinois, with its principal office and place of business
in Chicago, Illinois. Subsidiary corporations of the respondent are
located in New York City, Philadelphia, Pennsylvania, and Mil-
waukee, Wisconsin. At its Chicago plant, which is the only one in-
volved in this proceeding, the respondent is engaged in the- printing
business, including the printing, binding, and shipping of magazines
and other publications. In the operation of its plant, the respondent
purchases and uses paper stock, printer's ink and accessory materials
required for stapling, binding, packing, and shipping magazines and
other periodicals, which it prints. The annual value of the materials
thus purchased and used by the respondent is in excess of $1,000,000,
of which more than 25 percent represents materials shipped from
States other than Illinois. The annual sales of the respondent at its
Chicago plant are in excess of $1,000,000, and more than 25 percent
of its products is shipped to points outside the State of Illinois.
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, 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 the respondent, The Cuneo Press, Inc., and its
officers, agents, successors and assigns, shall :
1. Cease and desist from :
(a) Discouraging membership in Office Employes' Union, Local
No. 20732, affiliated with the American Federation of Labor, or any
other labor organization of its employees, by discharging, laying off
or refusing to reinstate any of its employees or in any other manner
discriminating in regard to their hire or tenure of employment or any
terms or conditions of their employment.
(b) In any other manner interfering with, restraining, or coercing
its employees in the 'exercise of the right to self-organization, to form,
join or assist labor organizations, to bargain collectively through
representatives of their own choosing, or to engage in concerted activi-
ties for the purpose of collective bargaining or other mutual aid or
protection, as guaranteed in Section 7 of the National Labor Rela-
tions Act.
1356 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following action to effectuate the policies of the Act :
(a) Pay to Charles Noble, James Algozino, Michael Rezek, Eleanor
Petersen, and Maryan Sanzenbacher, and each of them, for any loss
of 'pay they, and each of them, may have suffered by reason of the
respondent's discrimination against them, the sum set opposite his
or her name as follows :
Charles Noble_______ ____________________________ $1,330.70
James Algozino___________________________________ 570.25
Michael Rezek____________________________________ 92.25
Eleanor Petersen--------------------------------- 6.80
Maryan Sanzenbacher____________________________ None
(b) Post immediately upon the bulletin board at the entrance to,
the employment office on the second floor of Building No. 3, and
on the bulletin boards maintained on the fifth and sixth floors of Build-
ing No. 4, in its Chicago, Illinois, plant, and in conspicuous positions
in such other places in its Chicago, Illinois, plant, which, may be
necessary to bring to the attention of all its office employees, and
maintain for a period of sixty (60) consecutive days, notices to its
employees stating: (1) that the respondent will not engage in the
conduct from which it is ordered to cease, and desist in paragraph
1 (a) and (b) of this Order; and (2) that the respondent's employees
are free to become or remain members of Office Employes' Union,
Local No. 20732, affiliated with the American Federation of Labor,
and that the respondent will not discriminate against any employee
because of membership or activity in that organization.
(c) Notify the Regional Director for the Thirteenth Region, in
writing, within ten (10) days from the date of this Order what steps
the respondent has taken to comply herewith.