Paul Siewers and McKay

National Labor Relations Board - Board Decisions

Oct 2, 1939

15 N.L.R.B. 794 (N.L.R.B. 1939)

In the Matter of PAUL SIEWERS AND MCKAY and NEW YORK PRINTING
PRESSMAN 'S UNION No. 51
Case No. C-91.9.-Decided October 0, 1939
Bank Stationery Manufacturing Industry-Settlement : stipulation providing
for compliance with the Act, including payment of back pay and recognition
of union-Order : entered on stipulation.
Mr. Richard J. Hickey, for the Board.
Mr. Wilbur E. Dow, Jr., of New York City, for the respondent.
Mr. Edward Neway, of New York City, for the Union.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by New York Print-
ing Pressmen's Union No. 51, affiliated with the American Federa-
tion of Labor, herein called the Union, the National Labor Relations
Board, herein called the Board, by the Regional Director for the
Second Region (New York City), issued its complaint dated April
8, 1938,. against Paul Siewers and McKay,' New York City,
herein called the respondent, alleging that the respondent had en-
gaged in and was engaging in unfair labor practices affecting com-
merce, within the meaning of Section 8 (1), (3), and (5) and Section
2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. A copy of the complaint, accompanied by no-
tice of hearing, was duly served upon the respondent and the Union.
In respect to the unfair labor practices the complaint alleged in
substance that although a majority of the respondent's employees in
an appropriate bargaining unit had designated the Union as their
bargaining agent, the respondent, on or about January'3, 1938, and
at all times thereafter, refused to bargain with the Union as the ex-
clusive representative of its employees in an appropriate unit; that
the respondent, on or about December 10, 1937, discharged two named
1 In the charges the name of the respondent appeared as Paul Siewers & McKay.
15 N. I R. B., No. 87.
794
PAUL SIEWERS AND McKAY 795
employees and, at all times since, refused to reinstate them because
they joined and assisted the Union and engaged in other concerted
activities for the purposes of collective bargaining and other mutual
aid and protection; that the respondent, by the aforesaid acts and
by urging, persuading, and warning its employees to refrain from
becoming members of the Union, and by threatening its employees
with discharge and other reprisals if they became or remained mem-
bers of the Union, and by other acts, interfered with, restrained, and
coerced its employees in the exercise of the rights guaranteed in Sec-
tion 7 of the Act. In its answer to the complaint, filed on or about
April 22, 1938, and in its amendment to the answer, filed on or about
July 2, 1938, the respondent admitted some of the specific averments
of the complaint, including those concerning the nature and scope of
its business, but denied the allegations of unfair labor practices.
Pursuant to notice,2 a hearing was held at New York City from
July 5 to 7, 1938, before Paul Davier, the Trial Examiner duly desig-
nated by the Board. The Board and the respondent were represented
by counsel and the Union by its representative and all parties par-
ticipated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing upon
the issues was afforded all parties. On August 2, 1938, the respond-
ent filed a brief with the Trial Examiner in support of its case. On
August 25, 1938, the Trial Examiner filed his Intermediate Report,
finding that the respondent had engaged in and was engaging in un-
fair labor practices affecting commerce, within the meaning of Sec-
tion 8 (1), (3), and (5) and Section 2 (6) and (7) of the Act, and
recommending that the respondent cease and desist therefrom and
take certain specified affirmative action. No exceptions to the Inter-
mediate Report were filed by the respondent or the Union. On Sep-
tember 24, 1938, the case was duly transferred to the Board.
On June 29, 1939, the respondent, the Union, and an attorney for
the Board entered into a stipulation setting forth the terms of an
order which the Board could enter in the case upon its approval of
the stipulation. The stipulation also provided for the entry of a
consent decree in the United States Circuit Court of Appeals for the
Second Circuit.
On August 14, 1939, the Board issued its order approving the
aforesaid stipulation and making it part of the record in the case.
The hearing was postponed several times. Due notice of each postponement was given
both the respondent and the Union.
796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, a New York corporation with its office and plant
in New York City, is engaged in the manufacture and dis=
tribution of bank stationery, check books, pass books, and similar
products. The raw materials used by the respondent are paper,
leather, cardboard, and metal, of which 60 per cent is shipped to the
respondent's plant from points outside the State of New York. The
respondent sells and ships approximately 85 per cent of its finished
products to customers located at points outside the State of New
York. In the year 1937 the respondent's gross sales amounted to.
$121,633.26 and its purchases of raw materials amounted to $68,865.11.
The respondent admits that it is engaged in interstate commerce
within the meaning of the Act.
ORDER
Upon the basis of the above findings of fact, the stipulation of the
parties and upon the entire record in the proceedings, and pursuant
to Section 10 (c) of the National Labor Relations Act, the National
Labor Relations Board hereby orders that Paul Siewers and McKay,
New York City, and its officers, agents, successors, and assigns shall:
1. Cease and desist from :
(a) Interfering with, restraining, or coercing its employees in the
exercise of their right to self-organization, to form, join, or assist the
New York Printing Pressmen's Union No. 51, or any other labor
organization, to bargain collectively through representatives of their
own choosing, and to engage in concerted activities, for the purpose
of collective bargaining or other mutual aid or protection;
(b) Discouraging membership in the New York Printing Press-
men's Union No. 51, or any other labor organization, by discrimina-
tion in regard to hire or, tenure of employment or conditions of
employment;
(c) Refusing to bargain collectively with the New York Printing
Pressmen's Union No. 51, as the exclusive representative of the male
production, shipping, and maintenance employees of the respondent.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Make whole Emanuel Gambaro and Joseph Madalena for any
losses of pay they may have suffered as a result of their discharge
by payment to Emanuel Gambaro the sum of $75.00, and Joseph
Madalena the sum of $100.00;
PAUL SIEWERS AND McKAY 797
(b) Upon request, bargain collectively with the New York Print-
ing Pressmen's Union No. 51 as the exclusive representative of the
respondent's male production, shipping, and maintenance employees,
in respect to rates of pay, wages, hours of employment, and other
conditions of employment;
(c) Post immediately in conspicuous places in its plant at 441 Pearl
Street, .New York City, and maintain for a period of at least thirty
(30) consecutive days, notices to its employees stating:
(1) That the Board issued this Order;
(2) That respondent will comply therewith;
(3) That respondent will, upon request, bargain with the New
York Printing Pressmen's Union No. 51 as the exclusive representa-
tive of the respondent's male production, shipping, and maintenance
employees with respect to rates of pay, wages, hours of employment,
and other conditions of employment;
(d) File with the Regional Director for the Second Region, within
ten (10) days after service of this Order by the Board upon the re-
spondent, a report setting forth in detail the manner and form in
which the respondent has complied with the terms of this Order.