R. L. Polk & Co.

National Labor Relations Board - Board Decisions

Jul 2, 1948

78 N.L.R.B. 82 (N.L.R.B. 1948)

In the Matter of R. L. P OLK & Co. and RUTH N. FILLEBROWN
In the Matter of R. L. POLK & Co. and EVELYN LARAMORE
Cases Nos. 4-C-1743 and 4-C 1714, respectively.Decided July 2,1948'
Miss Helen F. Huraphirey, and Mr. Sidney Grossman, for the Board.
Mr. Frank E. Cooper, of Detroit, Mich., for the Respondent.
DECISION
AND
ORDER
On August 21, 1947, Trial Examiner C. W. Whittemore issued his.
Intermediate Report in the above-entitled proceeding, finding that
the Respondent had not engaged in the unfair labor practices alleged
in the complaint and recommending that the complaint be dismissed,
as set forth in the copy of the Intermediate Report attached hereto.
Thereafter, counsel for the Board filed exceptions to the Intermediate
Report and briefs in support of their exceptions. The Respondent
filed exceptions to certain of the Trial Examiner's conclusions not dis-
positive of the ultimate issues ; in addition, it filed a brief in support.
of the Trial Examiner's conclusions of law and recommendations, and
a brief in reply to arguments adduced in the brief of counsel for the.
Board.
The Board 1 has reviewed the rulings of the Trial Examiner made-
at the hearing and finds that no prejudicial error was committed-
The rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and briefs, and the entire record in the-
case, and finds the exceptions to be without merit insofar as they
relate to the issue of whether the Respondent has violated the Act.
The Trial Examiner's conclusions rest principally upon his findings-
as to the credibility of witnesses. These findings are supported by the
record and appear to be sound. Accordingly, we hereby adopt the-
findings, conclusions, and recommendations of the Trial Examiner.
1 Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its.
powers in connection with this case to a three -man panel consisting of the undersignedt
Board Members [Houston , Murdock, and Gray].
78 N. L R. B., No. 14.
82
R. L. POLK & CO.
ORDER
83
Upon the entire record in the case and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the complaint herein against R. J.
Polk & Co., Trenton, New Jersey, be, and it hereby is, dismissed.
INTERMEDIATE REPORT
Hiss Helen F. Hunvphrey, for the Board.
Mr. Frank E. Cooper, of Detroit, Mich., for the respondent.
STATEMENT OF THE CASE
An amended charge was filed May 14,1947, by Ruth N. Fillebrown, an individual,
in Case No. 4-C-1743. An amended charge was filed May 14, 1947, by Evelyn
Laramore, an individual, in Case No. 4-C-1744. An Order Consolidating Cases
Nos. 4-C-1743 and 1744 was issued May 28, 1947, by the National Labor Relations
Board, herein called the Board. Upon the aforesaid charges, and pursuant to.
the aforesaid Order, the Board, by its Regional Director for the Fourth Region
(Philadelphia, Pennsylvania), issued its complaint dated May 29, 1947, against
R. L. Polk & Co., Trenton, New Jersey, herein called the respondent The coin-_
plaint alleged 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, the charges, and a notice of
hearing were served upon the respondent, Ruth N. Fillebrown, and Evelyn
Laramore
With respect to unfair labor practices the complaint alleged in substance:
(1) that the respondent violated Section 8 (1) and (3) of the Act by discrimina-
torily discharging and refusing to reinstate Ruth N. Fillebrown and Evelyn
Laramore, in November 1946, because they joined or assisted the Union or engaged
in other concerted activities for the purpose of collective bargaining or other
mutual aid or protection ; and (2) that the respondent violated Section 8 (1) of
the Act by urging, warning, and threatening its employees not to become or to
remain members of the Union.
In its answer, dated June 12, 1947, the respondent denied generally its com-
mission of the unfair labor practices alleged in the complaint, and affirmatively
alleged that Fillebrown and Laramore had been discharged and refused rein-
statement because of unsatisfactory conduct and work records.
Pursuant to notice, a hearing was held in Trenton, New Jersey, on July 10
and 11, 1947, before the undersigned, the Trial Examiner duly designated by
the Chief Trial Examiner. The Board and the respondent appeared by counsel.
Both parties participated in the hearing, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce evidence
bearing upon the issues.
At the opening of the hearing, in response to a motion of counsel for the
respondent seeking more specific particulars as to 8 (1) allegations, counsel
for the Board moved, and the motion was granted, to amend the complaint
in certain respects. Also at the opening of the hearing the Examiner denied
motions by counsel for the respondent to dismiss the complaint: (1) because
84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
"the Civil Service Commission has not properly, in accordance with the pro-
visions of Section 11 of the Federal Administrative Procedure Act, provided
for the appointment of a trial examiner"; and (2) because the complaint is
"insufficient under the terms of Section 5-A of the Federal Administrative
Procedure Act." At the close of the hearing both counsel joined in a motion
to conform the pleadings to the proof in minor matters, such as spelling of
names, dates, etc. The motion was granted. Ruling was reserved upon a motion
by counsel for the respondent that the complaint be dismissed because of
failure of the evidence to sustain allegations of unfair labor practices. Disposi-
tion of this motion is made hereinafter.
The hearing was closed after oral argument before the Examiner by counsel
for the Board and for the respondent. Opportunity was afforded to both
counsel for the filing with the Examiner of briefs and proposed findings of fact
and conclusions of law. A brief from counsel for the respondent has been
received.
Since the close of the hearing a "Stipulation for Correction of Transcript"
has been received from counsel for the Board and for the respondent. The
proposed corrections are hereby approved; the stipulation is hereby made a
part of the record; and the corrections shall be made upon the face of the
transcript by the Docket Clerk.
Upon the entire record in the case, and from his observation of the witnesses,
the Examiner makes the following:
FINDINGS OF FACT
I THE BUSINESS OF THE RESPONDENT
The respondent, R. L. Polk & Co., is a Delaware corporation having its prin-
cipal office and place of business in Detroit, Michigan, and branch offices located
in Trenton, New Jersey ; Chicago, Illinois ; St. Louis, Missouri ; New York, New
York ; and Philadelphia, Pennsylvania. At its Trenton, New Jersey, branch office
the respondent is engaged exclusively in the business of direct mail advertising.
During the past 6 months the respondent, in the course of its operations at
its Trenton branch, caused a substantial amount of raw materials, consisting
principally of paper, valued at more than $25,000, to be purchased, delivered,
and transported in interstate commerce from and through States of the United
States other than the State of New Jersey, to its Trenton branch In connection
with such operations, the respondent sells advertising services to numerous
clients, most of which are located outside the State of New Jersey, and prepares
and distributes advertising materials, which it causes and has continuously