Women's Bindery Union, Local No. 42, Etc.

National Labor Relations Board - Board Decisions

Jun 10, 1965

152 N.L.R.B. 1404 (N.L.R.B. 1965)

1404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The parties stipulated, and we find, that the following employees
of the Employer constitute a unit appropriate for the purpose of col-
lective bargaining within the meaning of Section 9 (b) of the Act :
All full-time and regular part-time employees who work 20 hours
or more per week as waiters, waitresses, bartenders, dishwashers, cooks,
miscellaneous kitchen helpers, hostesses, and cashiers at the Employ-
er's Long Beach, California, restaurant, but excluding all office clerical
employees, watchmen, guards, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
Women 's Bindery Union , Local No. 42, International Brotherhood
of Bookbinders, AFL-CIO and National Publishing Division,
McCall Corporation . Case No. 5-CD-97. June 10, 1965
DECISION AND ORDER
Upon a charge filed on March 12 and amended March 19, 1964, by
National Publishing Division, McCall Corporation, hereinafter called
the Employer, the General Counsel for the National Labor Relations
Board, by the Regional Director for Region 5, issued a complaint dated
February 9,1965, against Women's Bindery Union, Local No. 42, Inter-
national Brotherhood of Bookbinders, AFL-CIO, hereinafter called
the Respondent, alleging that the Respondent had engaged in unfair
labor practices affecting commerce within the meaning of Section 8 (b)
(4) (ii) (D) and Section (2) (6) and (7) of the National Labor Rela-
tions Act, as amended. Copies of the charge and the complaint with
notice of hearing were duly served upon Respondent and the Employer.
Thereafter, the Respondent filed an answer denying the commission of
any unfair labor practices.
Pursuant to the provisions of Section 3(b) of the Act, as amended,
the Board has delegated its powers in connection with this case to a
three-member panel [Chairman McCulloch and Members Fanning and
Brown].
With respect to the unfair labor practices, the complaint alleged, in
substance, that the Board, in a proceeding under Section 10 (k) of the
Act, had determined that the Washington Mailers' Union, No. 29,
affiliated with the International Typographical Union, AFL-CIO,
hereinafter called the Mailers, rather than the Respondent, was enti-
tled to perform the work in dispute, consisting of the inserting of more
than 1 and less than 21 copies of magazines into envelopes for mailing;
that the Respondent has refused to comply with the terms of the
Board's Decision and Determination of Dispute; that since on or about
152 NLRB No. 136
WOMEN'S BINDERY UNION, LOCAL NO. 42, ETC. 1405
March 5, 1964, the Respondent, by means proscribed by Section 8 (b)
(4), has engaged in conduct an object of which was to force or require
the Employer to assign the disputed work to employees represented by
Respondent rather than to employees represented by the Mailers; and
that by such conduct the Respondent has engaged in unfair labor prac-
tices within the meaning of Section 8(b) (4) (ii) (D) and Section 2(6)
and (7) of the Act.
On or about April 4, 1965, all parties entered into a stipulation in
which, inter alma, they waived a hearing and the issuance of a Trial
Examiner's Decision, and agreed to have the case submitted directly
to the Board for findings of fact, conclusions of law, and an appropri-
ate Order. The stipulation provided that the entire record in the pro-
ceeding shall consist of the complaint, the notice of hearing, the answer,
the record and briefs in the 10 (k) proceeding, and the Board's Decision
and Determination of Dispute in that proceeding. On April 13, 1965,
the Board approved the aforesaid stipulation, and ordered this pro-
ceeding transferred to it.
Upon the basis of the aforesaid stipulation, and upon the entire rec-
ord in this case, the Board makes the following:
FINDINGS of FACT
1. THE BUSINESS OF TIIE COMPANY
The Employer is engaged at Washington, D.C., in the printing and
distribution of magazines and other publications. During the year
preceding the hearing, the Employer received at its place of business
directly from outside the District of Columbia goods and materials
valued in excess of $50,000. During the same period, the Employer
shipped goods and materials valued in excess of $50,000 directly from
its place of business to places located outside the District of Columbia.
The parties stipulated, and we find, that the Employer is engaged m
commerce within the meaning of the Act, and that it will effectuate the
purposes of the Act to assert jurisdiction in this case.
II. THE LABOR ORGANIZATIONS INVOLVED
The parties stipulated, and we find, that the Respondent and the
Mailers are labor organizations within the meaning of Section 2(5)
of the Act.
III. THE RESPONDENT'S UNFAIR LABOR PRACTICES
In its Decision and Determination of Dispute (150 NLRB 388 1),
the Board determined that the Respondent was not lawfully entitled
1 As amended by order correcting Decision and Determination of Dispute, dated Decem-
ber 22, 1964.
1406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to force or require the Employer to assign the work in dispute (consist-
ing of the inserting of more than 1 and less than 21 magazines into
envelopes for mailing ) to members of the Respondent rather than to
employees represented by the Mailers, by means proscribed by Section
8(b) (4) (ii) (D). The Board directed the Respondent to notify the
Regional Director for Region 5, in writing, with respect to its intention
to comply with the Board's determination . On or about January 23,
1965, the Respondent , through its attorney, indicated that it did not
intend so to comply.
Section 10(k) of the Act requires that, if the Respondent complies
with the Board 's determination , the 8(b) (4) (D) charge must be dis-
missed . As the Respondent has not complied with the 10(k) determi-
nation, we must now consider the merits of the complaint. All the
factors essential to a finding of an 8 (b) (4) (D) violation are present
here. It is clear from the stipulated record that on March 5, 1964, the
Respondent threatened to cause its members to cease working for the
Employer if the disputed work was not assigned to members of the
Respondent , with an object of forcing or requiring the Employer to
assign the disputed work to members of the Respondent rather than to
employees represented by the Mailers. It is not contended that the
Employer was failing to conform to an order or certification of the
Board determining the bargaining representative for employees per-
forming the disputed work . The arguments advanced here by Respond-
ent are, by stipulation , the same arguments asserted in the 10(k) pro-
ceeding. None of these arguments raises a meritorious defense to the
complaint now before the Board.
Accordingly, we conclude that the Respondent has violated Section
8(b) (4) (ii) (D) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The conduct of the Respondent , set forth above, occurring in con-
nection with the operations of the Employer, has a close, intimate, and
substantial relation to trade, traffic , and commerce among the several
States, and tends to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE REMEDY
Having found that the Respondent has engaged in certain unfair
labor practices , we shall order it to cease and desist therefrom and take
certain affirmative action designed to effectuate the purposes of the
Act.
WOMEN'S BINDERY UNION, LOCAL NO. 42, ETC . 1407
CONCLUSIONS OF LAW
1. Respondent Women's Bindery Union, Local No. 42, International
Brotherhood of Bookbinders, AFL-CIO, is a labor organization within
the meaning of Section 2 (5) of the Act.
2. By threatening, coercing, or restraining the Employer, National
Publishing Division, McCall Corporation, a person engaged in com-
merce, with an object of forcing or requiring the Employer to assign
to members of Respondent rather than to employees represented by the
Mailers the work of inserting more than 1 and less than 21 copies of
magazines into envelopes for mailing, the members of Respondent not
being lawfully entitled to perform such work, the Respondent has
engaged in unfair labor practices within the meaning of Section 8(b)
(4) (ii) (D).
3. The aforesaid unfair labor practices affect commerce within the
meaning of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor Relations Act, as
amended, and upon the entire record in this case, the National Labor
Relations Board hereby orders that the Respondent, Women's Bindery
Union, Local No. 42, International Brotherhood of Bookbinders,
AFL-CIO, its officers, agents, and representatives, shall:
1. Cease and desist from threatening, coercing, or restraining the
National Publishing Division, McCall Corporation, where an object
thereof is to force or require the National Publishing Division, McCall
Corporation, to assign the work of inserting more than 1 and less than
21 copies of magazines into envelopes for mailing, to members of the
Respondent rather than to employees represented by Washington
Mailers' Union No. 29, affiliated with the International Typographical
Union, AFL-CIO, except insofar as such conduct is permitted under
Section 8(b) (4) (D) of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the purposes of the Act :
(a) Post at its offices and meeting halls, copies of the attached notice
marked "Appendix." 2 Copies of the notice, to be furnished by the
Regional Director for Region 5, shall, after being duly signed by an
authorized representative of the Respondent, be posted by it immedi-
ately upon receipt thereof, and be maintained by it for a period of 60
21n the event this Order is enforced by a decree of a United States Court of Appeals,
there shall be substituted for the words "a Decision and Order " the words "a Decree of
the United States Court of Appeals , Enforcing an Order."
1408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
consecutive days thereafter, in conspicuous places, including all places
where the Respondent normally posts notices for members. Reason-
able steps shall be taken to insure that the notice is not altered, defaced,
or covered by any other material.
(b) Sign and mail sufficient copies of said notice to the Regional
Director for Region 5, for posting by the National Publishing Division,
McCall Corporation, if it is willing, at all locations upon its premises
where notices to its employees are customarily posted.
(c) Notify the Regional Director for Region 5, in writing, within
10 days of the date of this Order, what steps the Respondent has taken
to comply herewith.
APPENDIX
NOTICE TO ALL MEMBERS OF WOMEN'S B INDERY UNION, LOCAL No. 42,
INTERNATIONAL BROTTIERI IOOD OF BOOKBINDERS, AFL-CIO; WASII-
INGTON MAILERS' UNION No. 29, AFFILIATED IVITII THE INTERNA-
TIONAL TYPOGRAPHICAL UNION, AFL-CIO, AND ALL EMPLOYEES
OF NATIONAL PUBLISHING DIVISION, MCCALL CORPORATION,
WASIIINGTON, D.C.
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the purposes of the National Labor
Relations Act, as amended, we hereby notify you that :
WE WILL NOT threaten, coerce, or restrain the National Publish-
ing Division where an object thereof is to force or require the
National Publishing Division to assign to members of the Women's
Bindery Union rather than to employees represented by the Mail-
ers, the work of inserting more than 1 and less than 21 copies of
magazines into envelopes for mailing, except insofar as any such
conduct is permitted under Section 8(b) (4) (D) of the Act.
WOMEN'S BINDERY UNION, LOCAL No. 42, INTERNA-
TIONAL BROTHERITOOD of BOOKBINDERS, AFL-CIO,
Labor Organization.
Dated---------------- By-------------------------------------
(Repr(5entative) (Title)
This notice must remain posted for 60 consecutive days from the date
of posting, and must not be altered, defaced, or covered by any other
material.
Employees may communicate directly with the Board's Regional
Office, Sixth Floor, 707 North Calvert Street, Baltimore, Maryland,
Telephone No. 752-8460, Extension 2100, if they have any question con-
cerning this notice or compliance with its provisions.