Springfield Photo Mount Company

National Labor Relations Board - Board Decisions

Jun 2, 1939

13 N.L.R.B. 22 (N.L.R.B. 1939)

In the Matter Of SPRINGFIELD PHOTO MOUNT COMPANY and FEDERAL
LABOR UNION No. 21310, AFFILIATED WITH THE AMERICAN FEDERA-
TION OF LABOR
Case No. C-1287.-Decided June 9, 1939
Stationery Specialties Manufacturing Industry-Settlement : stipulation pro-
viding for compliance with the Act , including reinstatement with back pay
as to one person , back pay without reinstatement as to another person-Order:
entered on stipulation.
Mr. Bernard J. Donoghue, for the Board.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Federal Labor
Union No. 21310, affiliated with the American Federation of Labor,
herein called the Union, the National Labor Relations Board, herein
called the Board, by the Regional Director for the First Region
(Boston, Massachusetts), issued its complaint dated May 5, 1939,
against Springfield Photo Mount Company, Holyoke, Massachu-
setts, herein called the respondent, alleging that the respondent had
engaged in and was engaging in unfair labor practices affecting com-
merce 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. A copy of the complaint and notice of hearing
thereon were duly served upon the respondent and the Union. On
May 9, 1939, the respondent filed its answer to the complaint in which
it admitted the allegations concerning the nature and scope of its
business, but denied the allegations of unfair labor practices.'
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent terminated the employment of and
refused to reinstate Arthur Kimmell and Howard Whitehead, em-
ployees of the respondent, because they were members of and active
'On May 16 , 1939, subsequent to the stipulation , set forth hereinafter , the respondent
withdrew its answer to the complaint.
13 N. L R. B..No.3
22
SPRINGFIELD PHOTO MOUNT COMPANY 23
in behalf of the Union, and because they engaged in concerted activi-
ties for the purpose of collective bargaining or other mutual aid or
protection; that the respondent kept under surveillance its employees
who were organizing for the purpose of collective bargaining; and
that the respondent, by the afore-mentioned activities, and by urging,
persuading and warning its employees to refrain from becoming or
remaining members of the Union; and by other acts, interfered with,
restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act.
On May 16, 1939, the respondent, the Union, the American Feder-
ation of Labor, and counsel for the Board entered into a stipulation
in settlement of the case. This stipulation provides as follows :
STIPULATION
1. Upon charges duly filed by Federal Labor Union No. 21310,
affiliated with the American Federation of Labor, 117 Patton
Street, Springfield, Massachusetts, by Arthur Kimmell, Chair-
man of the Shop Committee, A. Howard Myers, Regional Di-
rector for the National Labor Relations Board (hereinafter
called the Board), acting pursuant to authority granted in Sec-
tion 10 (b) of the National Labor Relations Act, approved July
5, 1935 (hereinafter called the Act), and acting pursuant to its
Rules and Regulations, Series 1, as amended, issued its Com-
plaint and Notice of Hearing on May 5, 1939, against Springfield
Photo Mount Company (hereinafter called the Respondent), 686
Main Street, Holyoke, Massachusetts.
2. The Charge as Amended, Complaint, Notice of Hearing,
and a copy of the Rules and Regulations of the Board, Series 1,
as amended April 27, 1936, were duly served upon the Re-
spondent, and upon Federal Labor Union No. 21310, affiliated
with the American Federation of Labor (hereinafter called the
Union), on May 8, 1939, in accordance with said Rules and
Regulations, which hearing was scheduled to begin at 9: 30
A. M. (Eastern Daylight Saving Time) on May 18, 1939, in the
Special Master's Room, United States Post Office and Court
House, Springfield, Massachusetts.
3. Upon this stipulation and the record herein, the Respond-
ent, the Union, the American Federation of Labor, by David
M. Taylor, Organizer, 31 Irving Street, West Springfield, Mas-
sachusetts, and Bernard J. Donoghue, Attorney for the Board,
hereby agree that the Board may make findings of fact and con-
clusions of law that :
(a) Springfield Photo Mount Company, hereinafter called the
Respondent, is and has been since May 16, 1919, a corporation
24 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
organized under and existing by virtue of the laws of the Com-
monwealth of Massachusetts, having its principal office and place
of business at 686 Main Street, in the City of Holyoke, County of
Hampden, Commonwealth of Massachusetts, hereinafter called
the Holyoke Plant, and is now and has been continuously en-
gaged in the manufacture, sale and distribution of albums, note-
books, writing tablets, stationery and similar miscellaneous
products.
(b) The Respondent, in the course and conduct of its business
as aforesaid , and in the operation of its Holyoke Plant , causes
and has continuously caused large quantities of paper, pulp,
clips, snaps, eyelets , lace tips , pencils , springs, cardboard, writ-
ing paper, artificial leather, glue , paste, ink , gold stamping, fiber
boxes, and other materials used by it in the manufacture of its
finished products to be purchased and transported in interstate
commerce from and through states of the United States other
than the Commonwealth of Massachusetts , to its Holyoke Plant
in the Commonwealth of Massachusetts , and causes and has con-
tinuously caused large quantities of photo albums , photo mount-
ings, book store specialties , stationery boxes, writing tablets,
notebooks , loose leaf books, stationery and similar miscellaneous
products manufactured and produced by it to be sold, trans-
ported and distributed in interstate and foreign commerce from
the Holyoke Plant in the Commonwealth of Massachusetts to,
into and through states of the United States other than the
Commonwealth of Massachusetts , and to, into and through
foreign countries.
(c) During the past twelve months, the net sales of the Re-
spondent amounted to approximately $750,000.00. During this
period , approximately 35 per cent of raw materials used at the
Holyoke Plant of the Respondent was received from states of
the United States other than the Commonwealth of Massachu-
setts, and approximately 85 per cent of the products manufac-
tured by the Respondent at its Holyoke Plant were shipped out
of the Commonwealth of Massachusetts to states of the United
States other than the Commonwealth of Massachusetts and to
foreign countries . Respondent admits it is engaged in inter-
state commerce and agrees not to contest the jurisdiction of the
Board in this proceeding . The products manufactured by the
Respondent are shipped to all of the forty-eight states of the
United States, to the District of Columbia, Canada, England,
France and other foreign countries. The raw materials used
in the manufacture of the finished products by the Respondent
are received principally from states of New York, Maine,
Pennsylvania, Connecticut and New Jersey.
SPRINGFIELD 2IiOTO MOUNT COMPANY 25
(d) Federal Labor Union No. 21310, affiliated with the Amer-
ican Federation of Labor, hereinafter called the Union, is a
labor organization within the meaning of Section 2, subsection
(5) of the Act.
4. AND IT IS FURTHER STIPULATED AND AGREED by all parties to
to this stipulation that the Board may in its Decision and Order
provide for the following Cease and Desist Order :
The Respondent and its officers, agents and assigns shall:
(a) Cease and desist from discouraging membership in labor
organizations, particularly Federal Labor Union No. 21310, affil-
iated with the American Federation of Labor, by discriminat-
ing against its employees in regard to hire or tenure of employ-
ment or terms or conditions of employment;
(b) Cease and desist from in any manner interfering with,
restraining or coercing its employees in the exercise of their
rights to organize, to form, join, or assist labor organizations,
to bargain collectively through representatives of their own
choosing, and to engage in concerted activities for the purpose
of collective bargaining for their mutual aid or protection, as
guaranteed in Section 7 of the National Labor Relations Act;
(c) Offer to Howard Whitehead immediate and full rein-
statement to his former position without prejudice to his senior-
ity or other rights or privileges, and pay immediately and
directly to Howard Whitehead, as back pay the sum of Five
Hundred Dollars ($500.00) ;
(d) Pay immediately and directly to Arthur Kimmell, as
back pay the sum of One Thousand Dollars ($1000.00), with-
out reinstatement to his former position.
(e) Post immediately, and keep posted for a period of at
least sixty (60) consecutive days from the date of posting, notices
to its employees, in conspicuous places at its Holyoke Plant,
stating that the Respondent shall cease and desist in the manner
set forth in subparagraphs 4 (a), (b), (c) and (d) hereof;
(f) Notify the Regional Director for the First Region in
writing within ten (10) days from this date, of its compliance
with the terms of this stipulation.
5. The Respondent, the Union and the American Federation
of Labor waive all rights to a Hearing, as set forth in Section
10 (b) and Section 10 (c) of the Act.
6. This stipulation, together with the Charge as Amended,
the Complaint, Notice of Hearing, and Rules and Regulations
of the Board, and Proof of Service thereof upon the parties
may be introduced as evidence by filing them with the Chief
Trial Examiner of the Board at Washington, D. C.
26 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
7. It is further stipulated and agreed by all parties to this
stipulation that the National Labor Relations Board may file
application with the appropriate Circuit Court of Appeals for an
Order enforcing its decision and Order, as set forth above, and
that the Respondent and the Union hereby waive any further
notice of the application therefor.
On May 18, 1939, the Board issued its order approving the above
stipulation, making it part of the record, and transferring the pro-
ceeding to the Board for the purpose of a decision and order by the
Board.
Upon the above stipulation and the entire record in the case, the
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Springfield Photo Mount Company, a Massachusetts corporation
having its principal office and place of business in the city of Holyoke,
Massachusetts, is engaged in the manufacture, sale, and distribution
of albums, notebooks, writing tablets, stationery, and miscellaneous
similar products. The principal raw materials used by the respond-
ent are paper, pulp, snaps, eyelets, lace tips, pencils, springs, card-
board, writing paper, artificial leather, glue, paste, ink, gold stamp-
ing, and fiber boxes. Approximately '35 per cent of these raw mate-
rials are received from points outside the Commonwealth of Massa-
chusetts. The respondent's finished products are sold, transported,
and distributed to all the 48 States of the United States and to
Canada, England, France, and other foreign countries. Approxi-
mately 85 per cent of such finished products are shipped outside the
Commonwealth of Massachusetts. The net sales of the respondent
during the past year amounted to approximately $750,000.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact and stipulation, and
pursuant to Section 10 (c) of the National Labor Relations Act, the
National Labor Relations Board hereby orders that Springfield Photo
Mount Company, Holyoke, Massachusetts, and its officers, agents, and
assigns, shall:
(a) Cease and desist from discouraging membership in labor
organizations, particularly Federal Labor Union No. 21310, affiliated
with the American Federation of Labor, by discriminating against
SPRINGFIELD PHOTO MOUNT COMPANY 27
its employees in regard to hire or tenure of employment or terms or
conditions of employment;
(b) Cease and desist from in any manner interfering with, re-
straining or coercing its employees in the exercise of their rights to
organize, to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bargain-
ing for their mutual aid or protection, as guaranteed in Section 7 of
the National Labor Relations Act;
(c) Offer to Howard Whitehead immediate and full reinstatement
to his former position without prejudice to his seniority or other
rights or privileges, and pay immediately and directly to Howard
Whitehead, as back pay, the sum of Five Hundred Dollars ($500.00) ;
(d) Pay immediately and directly to Arthur Kimmell, as back pay
the sum of One Thousand Dollars ($1,000.00), without reinstatement
to his former position;
(e) Post immediately, and keep posted for a period of at least
sixty (60) consecutive days from the date of posting, notices to its
employees, in conspicuous places at its Holyoke plant, stating that
the respondent shall cease and desist in the manner set forth in
subparagraphs (a), (b), (c), and (d) hereof;
(f) Notify the Regional Director for the First Region in writing
within ten (10) days from this date,,of its compliance with the terms
of this stipulation.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Decision and Order.