Beck Engraving Co., Inc.

National Labor Relations Board - Board Decisions

Aug 26, 1974

213 N.L.R.B. 53 (N.L.R.B. 1974)

BECK ENGRAVING CO., INC.
Beck Engraving Co., Inc . and Philadelphia Printing
Pressmen , Assistants and Offset Workers' Union
No. 4. Case 4-CA-6705
August 26, 1974
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS FANNING AND
JENKINS
Upon a charge filed January 9, 1974, by Philadel-
phia Printing Pressmen, Assistants and Offset Work-
ers' Union No. 4, herein called Union, the General
Counsel of the National Labor Relations Board, by
the Regional Director for Region 4, issued a com-
plaint dated March 14, 1974, against Beck Engraving
Co., Inc., herein called Respondent, alleging that Re-
spondent had engaged in, and was engaging in, unfair
labor practices within the meaning of Section 8(a)(1)
and (5) and Section 2(6) and (7) of the National Labor
Relations Act, as amended. Respondent thereafter
filed its answer denying the commission of any unfair
labor practices. The parties agreed that there are no
issues of fact disputed among them which are material
to this proceeding. Accordingly, they waived a hear-
ing before an Administrative Law Judge, the making
of findings of fact and conclusions of law by an Ad-
ministrative Law Judge, and the issuance of an Ad-
ministrative Law Judge's Decision. The parties
entered into a stipulation dated April 17, 1974, in
which they agreed that the stipulation, together with
the charge, complaint and notice of hearing, and an-
swer to complaint shall constitute the entire record
herein and shall be filed with the Board.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board, having approved the stipulation and
having authorized the submission of the case on April
30, 1974, and having received and considered briefs
filed by General Counsel and Respondent, and the
entire record in the case, makes the following find-
ings:
FINDINGS OF FACT
I. COMMERCE
Respondent is a Pennsylvania corporation engaged
in the manufacture and sale of plates, film separa-
tions, and gravure cylinders. During the past year, in
the course and conduct of its business, Respondent
purchased goods and materials valued in excess of
53
$50,000, which were transported to its plant directly
from points outside the Commonwealth of Pennsylva-
nia. On these admitted facts, we find that the Respon-
dent is engaged in commerce and in operations
affecting commerce within the meaning of Section
2(6) and (7) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
It is not disputed , and we find, that at all times
material herein , the Union is and has been a labor
organization within the meaning of Section 2(5) of the
Act.
III. THE UNFAIR LABOR PRACTICES
A. The Issue Presented
The issue presented by the complaint is whether the
Respondent, by refusing to accept the collective-bar-
gaining agreement negotiated between the Union and
the Allied Printing Employer's Association, a division
of Graphic Arts Association of Delaware Valley, Inc.,
herein called Association, engaged in unfair labor
practices within the meaning of Section 8(a)(1) and (5)
of the Act. The Respondent contends that it withdrew
from the Association whereas the General Counsel
alleges that Respondent's attempted withdrawal was
ineffective.
B. Background Findings'
For more than 20 years, the Association, or its pre-
decessor, on behalf of its employer-members includ-
ing Respondent, had recognized, bargained with, and
was party to collective bargaining with the Union as
the exclusive bargaining representative for employees
in an appropriate unit .2
Prior to February 1971, Respondent's gravure
proofer employees or gravure proofing pressmen had
been part of Respondent's printing department. In
February 1971, Respondent phased out its printing
department and a number of said gravure proofers
indicated to Respondent that they desired to be repre-
sented by another labor organization, Graphic Arts
International Union. However, nothing was done by
1 The findings in this and other sections of the Decision are largely based
on the stipulation.
2 The unit is described as "all employees of members of Association who
have authorized Association to bargain with Union on their behalf engaged
in work related to printing presses, including but not limited to gravure,
offset , letterflex and letterpress printing presses and associated devices, in-
cluding employees classified as cylinder pressmen, job pressmen , cylinder
press senior assistants , assistants and operators, offset pressmen , assistants
and helpers , offset web pressmen , assistants and helpers, floor boys, offset
fly boys, offset preparatory and gravure proofing pressmen."
213 NLRB No. 13
54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the gravure proofers, Respondent, or the Union to
disassociate the gravure proofers from the Union or
to remove them from the unit described above. At all
times subsequent to February 1971, the 1970-73 col-
lective-bargaining agreement continued to apply to
Respondent's gravure proofing pressmen or gravure
proofers.
From on or about February 28, 1973, through on or
about July 15, 1973, the Association, on behalf of its
members, including Respondent, engaged in negotia-
tions with the Union for a new collective-bargaining
agreement. The parties met approximately 28 times in
the course of bargaining. On or about June 4, 1973,'
the Association, the Union, and Mid-City Press, one
of the employer-members of the Association, agreed
that Mid-City Press would no longer be represented
by the Association in bargaining with the Union for
the unit described above. On June 1, the Union struck
Respondent; on June 5, the Union struck two Associ-
ation members; and on June 6, the Union struck two
additional members of the Association. On July 8,
Charles Starrett, a striking employee of Respondent,
committed suicide." Between July 13 and 16, all six of
the striking members of the Union who were em-
ployed by the Respondent tendered the Union their
resignations and returned to work. On July 16,
George D. Beck, Respondent's president, sent a letter
to Frederick W. Day, business representative for the
Union, stating that Respondent had withdrawn au-
thority from the Association to act as its bargaining
representative in negotiations with the Union. On
July 17, the Association's director of industrial rela-
tions, Malcolm L. Pritzker, sent a letter to Day stating
that Respondent had withdrawn authority from the
Association to act as its bargaining representative in
negotiations with the Union. On or about July 18, the
Association and the Union agreed on the terms of a
new collective-bargaining agreement effective from
May 1, 1973, to April 30, 1976. On July 19, Day sent
a telegram to Beck stating that the Union did not
consent to Respondent's purported withdrawal of au-
thority from the Association to act as its bargaining
representative in the negotiations with the Union and
that the withdrawal was untimely. On September 26,
Day sent a letter to Pritzker stating, inter alia, that the
Union would sign the agreed-upon contract although
Respondent had been left out, but without prejudice
to the Union's position that Respondent remained a
part of the multiemployer bargaining unit and was
obligated to sign the agreement. On or about October
30, the Association and the Union signed the agree-
3 All dates hereinafter are 1973, unless otherwise specified.
4 Respondent believes that Charles Starrett was distraught over being on
strike. The General Counsel and the Union assert that the matter is not
relevant or material to this proceeding.
ment. Since on or about October 30, 1973, and at all
times material herein, Respondent has refused to ac-
cept the current collective-bargaining agreement and
has refused to give effect to the terms and conditions
contained therein. Respondent has also failed to re-
spond to the Union's request that Respondent signify
its intention to be bound by the agreement.
C. Conclusions
In Retail Associates, Inc.,' the Board set forth rules
governing the withdrawal of an employer or a union
from multiemployer bargaining. The Board set forth
that prior to the beginning of negotiations, withdraw-
al could only be effected by an unequivocal written
notice expressing a sincere intent to abandon, with
relative permanency, the multiemployer unit, and to
pursue negotiations on an individual employer basis.
However, once negotiations had actually begun, with-
drawal could only be effected on the basis of "mutual
consent" or when "unusual circumstances" were pre-
sent . In the instant case, the Union has not acquiesced
in Respondent's attempted withdrawal, but Respon-
dent contends that its withdrawal was justified by the
presence of "unusual circumstances." In our view, the
facts detailed above do not constitute "unusual cir-
cumstances" as contemplated by the Board in Retail
Associates, Inc.
Respondent contends basically that it withdrew be-
cause its employees no longer wished to be repre-
sented by the Union; they had resigned from the
Union and returned to work. Although, under certain
circumstances, such actions by employees may justify
a withdrawal of recognition in a single-employer bar-
gaining context, it is clear that, in the instant case, the
unit consisted of all the unit employees of the 10
member firms. In similar circumstances, the Board,
with court approval, refused to permit an employer to
withdraw from a multiemployer bargaining associa-
tion when the employer claimed good-faith doubt as
to the continued majority status of the union because
the claim was limited to his own employees.6 Simi-
larly, the fact that the Union consented to the with-
drawal of one of the members from the Association
is not an "unusual circumstance" which would allow
the Respondent to withdraw' Moreover, as the Gen-
eral Counsel notes, the withdrawal of Mid-City Press
occurred about June 4, and the Respondent did not
attempt to withdraw until July 16. Finally, we do not
regard the Union's strike against Respondent and sev-
s 120 NLRB 388 (1958).
6 Sheridan Creations, Inc., 148 NLRB 1503, enfd. 357 F.2d 245 (C.A. 2,
1966), cited with approval in Hi-Way Billboards, Inc., 206 NLRB No. 1, fn.
9 (1973).
We Painters, Inc., 176 NLRB 964 (1969), cited with approval in Hi-Way
Billboards, Inc., supra, fn. 11.
BECK ENGRAVING CO., INC.
eral other employer-members as a significant factor
which would justify Withdrawal.'
Accordingly, in light of the foregoing, we find that
by its refusal to adopt the agreement reached between
the Union and the Association, Respondent violated
Section 8(a)(5) and (1) of the Act.
CONCLUSIONS OF LAW
1. Respondent is engaged in commerce within the
meaning of Section 2(6) and (7) of the Act.
2. The Union is a labor organization within the
meaning of Section 2(5) of the Act.
3. By its refusal to accept the collective-bargaining
agreement reached between the Union and the Asso-
ciation, and by its refusal to give effect to the terms
and conditions contained therein, Respondent en-
gaged in and is engaging in unfair labor practices
defined in Section 8(a)(5) and (1) of the Act.
4. The aforesaid unfair labor practices affect com-
merce within the meaning of Section 2(6) and (7) of
the Act.
THE REMEDY
Having found that Respondent has engaged in cer-
tain unfair labor practices, we shall order it to cease
and desist therefrom and take certain affirmative ac-
tion that we find necessary to effectuate the policies
of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that the Respondent, Beck
Engraving Co., Inc., Philadelphia, Pennsylvania, its
officers, agents, successors, and assigns, shall:
1. Cease and desist from:
(a) Refusing to bargain collectively with Philadel-
phia Printing Pressmen, Assistants and Offset Work-
ers' Union No. 4, as exclusive bargaining representa-
tive of its employees in the appropriate unit de-
scribed herein.
(b) Refusing to accept, sign, and give effect to the
terms and conditions of the agreement negotiated be-
tween the Union and the Association to be effective
as of May 1, 1973.
(c) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
their rights under the Act.
2. Take the following affirmative action which ap-
pears necessary and appropriate to effectuate the poli-
cies of the Act:
(a) Forthwith sign and implement the 1973-76
55
contract between the Union and the Association, in-
sofar as it applied to employees of Respondent in the
described unit, and give retroactive effect thereto
from its effective date in 1973.
(b) Make whole its employees in the aforesaid bar-
gaining unit for any loss of pay which they may have
suffered by reason of the Respondent's refusal to
abide by and give effect to the aforesaid, collective-
bargaining agreement between the Union and the As-
sociation, in a manner consistent with Board policy in
F. W. Woolworth Company, 90 NLRB 289 (1950),
with interest or backpay to be 6 percent per annum as
set forth in Isis Plumbing & Heating Co., 138 NLRB
716 (1962), including any other benefits they may
have lost by reason of Respondent's unlawful actions.
(c) Preserve and, upon request, make available to
the Board or its agents, for examination and copying,
all payroll records, social security payment records,
timecards, personnel records and reports, and all
other records necessary to determine the amount of
backpay due under the terms of this Order.
(d) Post at its place of business in Philadelphia,
Pennsylvania, copies of the attached notice marked
"Appendix." 9 Copies of said notice, on forms provid-
ed by the Regional Director for Region 4, after being
duly signed by Respondent's duly authorized repre-
sentative, shall be posted by the Respondent immedi-
ately upon receipt thereof, and be maintained by it for
60 consecutive days thereafter, in conspicuous places,
including all places where notices to employees are
customarily posted. Reasonable steps shall be taken
by Respondent to insure that said notices are not
altered, defaced, or covered by any other material.
(e) Notify the Regional Director for Region 4, in
writing, within 20 days from the date of this Order,
what steps Respondent has taken to comply herewith.
B State Electric Service, Inc., 198 NLRB No. 77 ( 1972), cited with approval
in Hi-Way Billboards, Inc., supra, In. 13.
9 In the event that this Order is enforced by a Judgment of a United States
Court of Appeals , the words in the notice reading "Posted by Order of the
National Labor Relations Board " shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the National
Labor Relations Board."
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to bargain with Philadel-
phia Printing Pressman , Assistants and Offset
Workers' Union No. 4 by failing to sign and
56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
implement the 1973-76 agreement between the
Union and Allied Printing Employers ' Associa-
tion , a division of Graphic Arts Association of
Delaware Valley, Inc., nor in any like or related
manner interfere with , restrain , or coerce em-
ployees in the exercise of their rights under the
National Labor Relations Act, as amended.
WE WILL forthwith sign and implement the
1973-76 agreement between Allied Printing Em-
ployers' Association , a division of Graphic Arts
Association of Delaware Valley, Inc., and Phila-
delphia Printing Pressmen , Assistants and Offset
Workers' Union No. 4, and will give retroactive
effect to the terms and conditions of said agree-
ment from its effective date in 1973.
WE WILL make whole our employees in the bar-
gaining unit for any loss of pay they may have
suffered by reason of our refusal to sign and give
effect to the aforesaid collective-bargaining
agreement.
BECK ENGRAVING CO., INC.
(Employer)
Dated By
(Representative) (Title)
This is an official notice and must not be defaced
by anyone.
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.
Any questions concerning this notice or compli-
ance with its provisions may be directed to the
Board's Office , William J. Green , Jr., Federal Build-
ing, 600 Arch Street, Suite 4400, Philadelphia, Penn-
sylvania 19106, Telephone 215-597-7601.