The Wessel Co.

National Labor Relations Board - Board Decisions

Aug 6, 1940

26 N.L.R.B. 192 (N.L.R.B. 1940)

In the Matter of THE WESSEL COMPANY, A' CORPORATION'and UNITED
ADVERTISING WORKERS UNION " '' ' ' • ' ' '
Case No. C-1616.-Decided August 6, 1940
Jurisdiction : printing and advertising industry.
Unfair Labor Practices
Interference , Restraint , and Coercion : anti-union statements ; circulating- anti-
union petition ; inducing employees to resign from union . , ' - . ,
Discrimination : discharge , allegation in complaint as to, dismissed. . , f
Remedial Orders : employer ordered to cease and desist' unfair labor practices.
Mr. Stephen M. Reynolds, for' the Board.
Levinson, Becker, Peebles & Swirin, by Mr. Harold M. 'Keefe 'arid
Mr. Eugene P. Florsheim, of Chicago; Ill., for, the respondent.
Mr. Sydney L. Devin, of Chicago, Ill., for the Union.'
Mr. Frederick R. Levinstone, of counsel to the Board.- -
DECISION
AND
ORDER '•f
STATEMENT OF THE CASE
On charges, and amended charges, duly filed by United Advertising
Workers Union, herein called the Union, the National Labor Rela-
tions Board, herein called the Board, by G. L Patterson, Regional
Director for the Thirteenth Region (Chicago, Illinois), issued its com-
plaint, dated March 27, 1940, against The Wessel Company, 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.
With respect to the unfair labor practices, the complaint alleged
in substance, that on or about April 6, 1939, the respondent discharged
Jacqueline Marie Kortzeborn because she joined and assisted the
Union and 'engaged in concerted activities with other employees for
the purpose of collective bargaining and other mutual aid andprotec-
tion, thereby discriminating with regard to her hire and tenure of
employment and discouraging membership in the Union and that by
these and other acts the respondent interfered with, restrained, and
26 N. L. R. B., No. 22.
192
SOUTHERN, COTTON OIL COMPANY 193
coerced its employees in the exercise of the rights guaranteed in Sec-
tion 7 of the Act . On April 8, 1940 , the respondent -filed its answer
denying'that it had ' engaged in any unfair labor practices within the
meanmg 'of 'the Act:
Pursuant to notice a hearing was held in Chicago, Illinois, on April
11, 12, and 13 , 1940, before John T. Lindsay , the Trial Examiner duly
designated by the Board. The Board , the respondent , and the
Union, were represented and participated in the . hearing. Full
opportunity to be heard and examine and cross-examine witnesses and
to introduce evidence ' bearing on the issues was afforded all parties.
During the course ' of the hearing the Trial Examiner ruled on various
motions and on objections to the, admission of evidence . The Board
has reviewed the 'rulings 'of the Trial Examiner at the hearing and
fi'nds ' that 'no' prejudicial errors were ' committed. The rulings are
hereby affirmed.
On June 1'1 , 1940, the Trial Examiner filed an Intermediate Report
in which he found that the respondent had engaged in and was engag-
ing in unfair labor practices within the'meaning of Section 8 (1) and
(3)' and Section 2 (6) and (7) of the Act , and accordingly recommended
that the ' respondent cease' and desist therefrom . The Trial Examiner
also, r' ecomm'ended that the respondent offer reinstatement with back
pay'-to Kortzeborn. Thereafter , the respondent filed exceptions to
the Intermediate Report. r I '
,,;The Board has considered the exceptions to,the Intermediate Report
and, except as: they, are inconsistent with the findings , conclusions, and
order. set forth below , hereby sustains them.,
I Upon the entire record in the case the Board makes the following:
FINDINGS OF FACT
1 "11 ^ P. THE BUSINESS-OF'THE RESPONDENT
The Wessel Company, an Illinois corporation , is engaged in the
printing and advertising business 'at ' Chicago ,' Illinois. The principal
i:aw,materials' purchased by the respondent are paper and ink, all of
which are purchased from jobbers in the City of Chicago . In addi-
tion; the,respondent purchases parts for repair of presses and new
presses whicht repurchased in the City of New York and other points
outside the State of Illinois . During , the period from December 1938
through December 1939, the respondent 's sales amounted to approxi-11 L
mately ,$300,000 , ; of which approximately 13 per cent represented
shipments , to, destinations outside the State of Illinois. The re-
spondent has agents in various cities including Philadelphia, New
Orleans, , and San Francisco, to solicit orders for its business , and ,also
solicits;orders ,by mail throughout the country.
194 DECIS1IONS OF'NATIONAL LABOR - RELATIONS BOARD
II. ,THE ORGANIZATION INVOLVED
United Advertising Workers Union is an unaffiliated labor organiza-
tion admitting to membership only employees of the! respondent,,
excluding supervisory employees.
III. THE UNFAIR LABOR PRACTICES
A. Interference,- restraint and coercion
In the spring of 1937 Franklin'Union No. 4 and Chicago Printing
Pressmen's Union No. 3, affiliated with the American Federation of
Labor, were organized in 'the respondent's plant. , On February, 9,
1938, one'Hughes, a day foreman, called'all'the employees to a meeting,
in a' tavern near, the, plant; ' Hughes informed the employees that the
unions in 'question were not doing the employees any good and re-
quested them to resign from the Union. The following petition
addressed to the respondent'was' thereafter circulated and signed by
the employees at the request of Hughes:
'Ve,,.the undersigned, representing a majority of the workers,
wish to, advise you that, from this, day, we, have discontinued our,
relations with, Franklin, Union. #4, and Chicago • Printing Press-
.men's Union,#3,. and, will be represented by, Mr. Phil Kohl,
representing the pressroom workers of The Wessel Company.,
Kohl, who, was''designated -as' the representative, was an 'assistant
foreman.: 'Shortly after the circulation of this petition Hughes called
Henry Javor, night foreman; to his desk, and stated that if Javor
wanted!'to work' for him he would be required to quit' the union and
further stated "The Wessel Company is an open shop from today on."
We find that the respondent, by the foregoing acts, and conduct of
Hughes, interfered with,restrained,-,and coerced its employees in the
exercise of the rights guaranteed in Section 7 of the Act.
B., The alleged, discriminatory discharge ' '
On March' 1, 1939, 'the respondent employed'one Van Dorn t'o'
replace the forme'day foreman, Hughes. Almost' imhf6diat'ely'after Van'
Dorn replaced Hughes, di'scussion' vas revived' with'respect to' unions
aiid`wheii'it was'aniiounce'd by the'respoildent'shortly thereafter that
the women were to 'be''replaced by men, an active movement' was'
institiited'to organize`a union in''the'plant.' Ko'rtzAo i,'who was most
active in organizing' theUnion, tel'ephoiied'approximately 25 Of'the'
employees oii''M'arch 24' 'and ' arranged' for a' meeting to be held' on
March 26; ' at' which 'time"ii' temporary organization was set'ilp.`1`1n
layiiig 'plans' for" the ' organization, 'Kort`zeborii''coiisiilted''frequeiitly
with Javor, her foreman,"with whom-she''was very friendly andin'
whom she reposed great trust and confidence.
THE WESSEL COMPANY 1195
Shortly after the union mecting.and on April 6',1Kortzeborn1 reported
for work ather usual hour of 4;30 in the afternoon,and-was presented
with her, assignment by Foreman Javor. 4; The, assignment, called ,for,
washing of sausage casings on a rush job. At about 7'o'clock, one,of
the men working on the press brought over approximately 50 casings
on, which the ink had been smeared and Kortzeborn volunteered !to
assist him in,washing-these casings so that they could be sent through
the press before the, ink, on the press dried. While, she was, assisting
the pressman, Javor reprimanded her for leaving the rush job, and
despite her explanation, ordered her back to the task to which she
had been previously assigned. 'Aft'er Kortzeborn's'return to the wash-
ing, job, in which she was assisted by three or four other girls, Jayor
came to the table at which „they were working and , told them to
"Hurry up." Javor repeated ,his urging several4 more times, which,
according to Kortzeborn, distracted the attention of all of ,the girls and
was "getting on our neryes-it ,was on mine ^anyw,ay.,? ; Thus when
Jayor came up to the table again and urge';nag.`, them, to hurry,. Kortzeborn
looked up and said, "Oh, Henry, don't We'll get it done."
Javor walked away fora moment,,then came back and told Kortzeborn
that she was discharged.
The Trial Examiner, in his Intermediate Report, concluded that
Kortzeborn was discharged by Jayor at the behest of-Van Dorn, th'e'
day foreman, an'd 'cites,in support thereof two occasions on which
Kortzeborn was reprimanded by' Van Dorn: It is ' unnec'essary1 to'
recite these incidents in detail here. It is sufficient to note that on
one of the occasions, Van Dorn,,.according, to Kortzeborn, after
reprimanding her for allowing dirty casings to be shipped,` stated,
"I want it fully understood that. I- am,not bawling you out for your
union activities." Javor and Assistant Foreman Phil Kohl, who
were present during this 'conversation; testified that Van Dorn did
not mention the Union until after'Kdrtzebor$'s assertion that Van
Dorn was not "getting mad at me 'for'ma work. You 'are getting mad
and picking on me for my union' activities " Javor and Kohl test'ified
that it was'in reply to Kortzeborn's charge thai Van Dorn' retorted
that Kortzeborn's union activities were not in any way involved:
The Trial Examiner relying upon Kortzeborn's vrei:sion of 'this-incident
and tlie'additional finding that Van Dorn'wa's superior in' authority to '
Javor, conclud'ed' that Kortzeborn's ' discharge was not the result of
favor"e "own free volition", but was "at the"regiies't -of - Van"Dorn
because of her membership and union activitiesin'the United..clever-
tismg Workers Union." Although we, do not agree with the Trial
Examiner's final conclusions, we can not say that they are not sup-
ported in some measure by tlie' evidence.'' The ' fact` that Kortzeborn
was the leading figure in the Uni'on' and that -her discharge `followed
so closely 'after the' first organizatioriali lriiee'ting, 'however, does' not'
196 DECISIONS OP NATIONAL LABOR RELATIONS BOARD
necessarily indicate that her discharge was motivated by a desire to
discourage membership in the Union . We do hot 'believe that' the
evidence justifies a finding that Javor, who was clearly shown( to: have
been a close friend of Kortzeborn , would have ' discharged her'at' t'he
request of Van Dorn. ' ) ' I ^ r ^ 1 ;
We find that the respondent has not discriminated against Jacques
line Marie Kortzeborn in regard to hire and tenure of , employment:
Accordingly , we will dismiss the complaint in so far as it alleges such
discrimination .
' IV. THEE FFECT OF THE UNFAIR LABOR PRACTICES UPON XOMMERCEt,
The activities of the respondent set forth in Section III A ' ab`ovc;
occurring in connection with the operations ` of the" respondent'''de'
scribed in Section I ' above, have ' a''close, ` intimate; And s̀'ubstantial
relation to trade, traffic , rind commerce among the several " State'; and
tend to lead to labor disputes 'burdening and'obstruct'ing"co`mer`ce
and the free flow of commerce. '
11
` • "
,
V. THE REMEDY i r . I • „+.
Having found that ' the respondent has engaged in `certain unfair
labor practices, we shall order it to cease and' desist from further
engaging therein. We shall also order the respondent to tal certain
affirmative action which we deem necessary to effectuate the' policies
of the Act.
Upon the basis of the findings of fact and upon the entire record in
the case, the Board makes the following:
CONCLUSIONS OF LAW
1. United Advertising Workers Union is a labor organiration within
the meaning of Section 2 (5) of the Act.
• .1 :r,L f,,,r
2: By interfering with, restraining, and coercing its employees in
the exercise of the rights guaranteed in Section 7 of the. Act, the
respondent has engaged in and is engaging in unfair labor -practices
within the meaning of Section 8 (1) of the Act. , ,
3. The aforesaid labor practices are unfair labor practices,affecting
commerce within the meaning of Section' 2 (6), and (7,),p f the Act. ,
4. The respondent, by discharging Jacqueline Marie Korttzeborn,
has not engaged in an unfair labor practice within the meaning of
Section 8 (3) of the Act. I
ORDER
Upon the basis of the foregoing findings of fact', .and , conclusions
of law, the National Labor Relations Board hereby orders :that the
respondent , The Wessel Company, ; its officers , agents, successors,, and
assigns, shall:
THE WESSEL COMPANY 197
1. Cease and desist from in any manner interfering with, restraining,
or coercing its employees in the exercise of their rights to self-organiza-
tion, 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 purposes 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:
(a) Post immediately in conspicuous places in its plant in Chicago,
Illinois, notices to its employees and maintain such notices for at
least sixty (60) consecutive days, stating that the respondent will not
engage in the conduct from which it is ordered to cease and desist
in paragraph 1 of this Order: '
(b) Notify the 'Regional Director for the Thirteenth Region iii
writing within ten (10) days from the date of this Order what steps
have been taken to comply herewith.
IT IS FURTHER ORDERED that the complaint be dismissed in so
far as it alleges that the respondent by discriminating in regard to
the hire and tenure of employment of Jacqueline Marie- Kortzeborn,
has engaged in unfair labor practices within the meaning of. Section
8 (3) of the Act. t
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Decision and Order.
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