Amalgamated Lithographers of America, Ind., etc.

National Labor Relations Board - Board Decisions

Jul 26, 1962

137 N.L.R.B. 1674 (N.L.R.B. 1962)

1674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Amalgamated Lithographers of America, Independent, and
Local Union No. 14, Amalgamated Lithographers of Amer-
ica, Independent and Lithographers Association of Philadel-
phia. Cases Nos. 4-CC-173-1 and 4-CC-173-2. July 26, 1962
DECISION AND ORDER
Upon unfair labor practice charges filed on May 5, 1961 , by Lithog-
raphers Association of Philadelphia , herein called the Association,
against the Amalgamated Lithographers of America , Independent,
and Local Union No. 14 , herein called the Respondents , the General
Counsel of the National Labor Relations Board, by the Regional
Director for the Fourth Region, issued a complaint alleging that the
Respondents had engaged in and were engaging in unfair labor prac-
tices affecting commerce within the meaning of Sections 8(b) (4) (i)
and (ii ) (A) and ( B) and 2 ( 6) and (7) of the Act. Copies of the
complaint, charges , and notice of hearing were served upon the Re-
spondents and the Association.
With respect to the unfair labor practices , the complaint, as
amended, ' alleged that the Respondents had successfully induced em-
ployees to engage in a partial , and later a complete, strike with an
object of forcing the inclusion in a collective -bargaining agreement of
clauses unlawful under Section 8 (e), thereby violating Section
8(b) (4) (i ) and (ii ) (A) and (B). On July 6, 1961 , the Respondents
filed an answer denying the material allegations of the complaint .2
On October 2, 1961, all parties entered into a stipulation waiving a
hearing and the taking of testimony or the submission of further evi-
dence before a Trial Examiner , the making of findings of fact and con-
clusions of law by a Trial Examiner, and the issuance of an Inter-
mediate Report and Recommended Order, and agreeing that the
Board make findings of fact and conclusions of law on the basis of the
i On August 22, 1961 , the complaint was amended by deleting the allegation attacking
a "New Machines or Processes " clause in the contract in question . Upon appeal to the
General Counsel by the Association , the amendment was sustained The Association con-
tinues to protest the amendment.
We find no merit in the Association ' s protest . Section 3 ( d) of the Act gives the General
Counsel the final authority in the matter of investigating charges, issuing complaints, and
prosecuting such complaints before the Board And Section 102 . 17 of the Board 's Rules
and Regulations , Series 8, expressly provides for the amendment of complaints prior to
hearing The case of Marine Engineers ' Beneficial Association No 13 ( Taylor & Anderson,
et al ) v. N L R B , 202 F. 2d 546 ( C A. 3), relied upon by the Association , does not sup-
port its position as it deals with an entirely different problem, namely , a charging party's
right to a hearing upon an issued complaint in lieu of a settlement agreement to which it
does not consent.
2 The contention that the Landrum -Griffin Act is unconstitutional is rejected, as the
Board must assume the constitutionality of the Act it is required to administer in the
absence of a binding court decision to the contrary . Rite-Form Corset Company, Inc,
75 NLRB 174 Moreover , the Court of Appeals for the Fifth Circuit has recently upheld
the constitutionality of the law . Employing Lithographers of Greater Miami, Florida
( Miami Post Co.) v. N.L.R.B., 301 F. 2d 20 ( C.A. 5).
137 NLRB No. 180.
AMALGAMATED LITHOGRAPHERS OF AMERICA, IND., ETC . 1675
facts contained in the stipulation, the allegations in the complaint,
as amended, and the Respondents' answer.
On October 19, 1961, the Board approved the stipulation and trans-
ferred the case to, and continued it before, the Board. Thereafter, the
Respondents and the Association filed briefs.
Upon the basis of the stipulation, and upon the entire record in the
case,' the Board makes the following :
FINDINGS OF FACT
I. BUSINESS OF THE EMPLOYER
The Association is, and has been at all times material herein, a divi-
sion of Printing Industries of Philadelphia, Inc., a corporation duly
organized under the laws of Pennsylvania. The Association is com-
posed of 31 firms engaged in the printing and printing service indus-
tries. During the last year, in the course and conduct of their business
operations, the employer-members of the Association have individ-
ually purchased and received materials which were shipped to their
places of business in Philadelphia, from sources outside Philadelphia,
valued in excess of $50,000. During the same period, the employer-
members of the Association have individually sold and shipped from
their places of business to points located outside Pennsylvania prod-
ucts valued in excess of $50,000.
The complaint alleges, the answer admits, and we find that the Asso-
ciation is engaged in commerce within the meaning of Section 2(6)
and (7) of the Act.
H. THE LABOR ORGANIZATION INVOLVED
The Amalgamated Lithographers of America and its Local 14 are
labor organizations within the meaning of Section 2(5) of the Act.
III. THE FACTS
The stipulation of the parties states that the Respondents began
negotiations with the Association for a new collective-bargaining
agreement on February 22, 1961. The Respondents first proposed that
the agreement contain a provision substantially identical to the expir-
ing section 1(c) of the representation clause. They also proposed a
new trade shop and outside work clause to replace the previous one
which had been held illegal by the Board 4 On or about May 2, 1961,
the Respondents proposed an alternate trade shop and outside work
3 The Respondents' request for oral argument is denied as the record, exceptions, and
briefs adequately present the issues and positions of the parties
4Amalgamated Lithographers of America and Local 78, etc. (Employing Lithographers
of Greater Miami, Florida , et al ), 130 NLRB 968, enfd., supra , footnote 2; Amalgamated
Lithographers of America ( Ind) and Local No. 17, etc ( The Employing Lithographers,
etc.), 130 NLRB 985.
1676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
clause. Beginning on or about April 6, 1961, and continuhIg until
approximately May 3, 1961, the Respondents engaged in a partial
strike against the employer-members of the Association in support of
their contract and economic demands by inducing their members to
refuse to work overtime. In further support of their demands, the
Respondents engaged in a complete strike against the employer-
members of the Association from May 4 through 17, 1961. On this
last date, the Regional Director for the Fourth Region filed a petition
for injunctive relief under Section 10(l) of the Act. On May 18,
1961, the Respondents entered into a stipulation, approved and signed
by the district judge, in which they agreed to, and did, withdraw their
disputed contract demands.
The clauses at issue are :
Representation-Section 1(c) :
(c) The Company agrees that in the event any of the jobs or
work under this contract are removed from the jurisdiction of the
Amalgamated Lithographers of America by the action of the
Company, the Union may in its discretion either terminate this
Agreement or re-open it in all respects with the right to strike if
the parties fail to agree upon a new contract.
Trade Shop and Outside Work
The Employer represents that if it obtains lithographic pre-
paratory work (lithographic production prior to press) or press
work from the outside, it obtains all such work from sources under
contract with the Amalgamated Lithographers of America. The
Union reaffirms that it would be strongly opposed to any change
in the Employer's method and manner of production which would
involve obtaining any lithographic production work from non-
Amalgamated sources and that it will use all legal means available
to it to dissuade the Employer from making any such change.
The Employer acknowledges the integrated nature of the litho-
graphic industry and the continuing technological developments,
and agrees that any such changes by the Employer may affect or
may lead to an effect upon the employment of workers covered
by this agreement or the stability of their Welfare or Pension
Funds. Therefore, the Employer will give the Union immediate
notice of its intention to obtain any of the aforesaid lithographic
production work from sources not under contract with the Amal-
gamated and will meet promptly to consider mutually agreeable
changes in the contract relating to hours, apprentice ratios, over-
time provisions or new clauses such as establishment of severance
pay funds or retraining programs.
AMALGAMATED LITHOGRAPHERS OF AMERICA, IND., ETC . 1677
Alternate Proposal
Trade Shop and Outside Work
(a) The Employer represents that if it obtains any litho-
graphic preparatory work (lithographic production prior to
press) or press work from the outside, it obtains all such work
from sources under contract with the Amalgamated Lithog-
raphers of America. The Union reaffirms that it would be strongly
opposed to any change in the Employer's method and manner of
production which would involve obtaining any lithographic pro-
duction work from non-Amalgamated sources and that it will use
all legal means available to it to dissuade the Employer from
making any such change. The Employer acknowledges the in-
tegrated nature of the lithographic industry and the continuing
technological developments, and agrees that any such changes by
the Employer may affect or may lead to an effect upon the em-
ployment of workers covered by this agreement or the stability
of their Welfare or Pension Funds. Therefore, the Employer
will give the Union immediate notice of its intention to obtain
any of the aforesaid lithographic production work from sources
not under contract with the Amalgamated and will meet promptly
to consider mutually agreeable changes in the contract relating
hours, apprentice ratio, overtime provisions or new clauses such
as establishment of severance pay funds or retraining programs.
(b) Notwithstanding any of the provisions of this Article, the
employer shall have the right to work on any of the above-specified
work theretofore used in production by any employer under con-
tract with the Amalgamated Lithographers of America.
Trade Shop
(a) The parties agree that all the terms of this contract have
been negotiated on the assumption that all lithographic produc-
tion work will be done under the approved Union wages and con-
ditions. In the event the Company requests any employee to han-
dle any lithographic production work made in any shop which
was not under contract with the Amalgamated Lithographers of
America and not authorized to use the Union label of the Amal-
gamated, then the Union in its discretion by notice in writing, may
reopen the contract for negotiations as to the whole or any part
thereof. In the event of failure to agree on all terms within 30
days after such reopening, the Union shall have the right to ter-
minate the contract forthwith by giving written notice to the
company.
(b) Notwithstanding any of the provisions of this Article,
the employer shall have the right to work on any of the above-
1675 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
specified work theretofore used in production by any employer
under contract with the Amalgamated Lithographers of
America.
The above paragraphs (a) and (b) shall be effective and a part
hereof only when they are finally adjudicated legal or if Section
8 (e) of the Landrum-Griffin Act is finally ruled unconstitutional.
In that event paragraph numbered (Trade Shop and Outside
Work) shall be deemed replaced in its entirety by these
paragraphs.
DISCUSSION
The legality of clauses like section 1(c) of the representation clause
and the trade shop and outside work provisions was litigated in the
companion New York case and is the subject of a Decision and Order
issued this day in that case holding such clauses prohibited by Section
8(e) 5 A clause like the trade shop clause also was held unlawful in
the earlier Miami and San Francisco cases.' It accordingly follows,
and we find, that all the clauses in issue herein are prohibited by
Section 8(e) of the Act. Since the Respondents stipulated that an
object of their conduct described above was to force or require the
Association to enter into a contract containing the disputed clauses,
which would cause a cessation of business with members of a particu-
lar class, we find that the Respondents violated Section 8(b) (4) (i)
and (ii) (A) and (B).'
IV. EFFECT OF THE UNFAIR LABOR PRACTICES ON COMMERCE
The activities of the Respondents set forth above, occurring in con-
nection with the business of the Association described above, have a
close, intimate, and substantial relation to trade, traffic, and commerce
among the several States, and tend to lead to labor disputes burdening
and obstructing commerce and the free flow of commerce.
V. THE REMEDY
Having found that the Respondents have engaged in unfair labor
practices, we shall order them to cease and desist therefrom and take
certain affirmative action designed to effectuate the policies of the Act.
Upon the foregoing findings of fact, and upon the entire record in
this case, the Board makes the following :
s Amalgamated Lithographers of America, et at. (Lithographers & Printers National
Association, Inc ), 137 NLRB 1663.
O Supra, footnote 4. For the reasons stated in the Miami case , supra, at 978 , the il-
legality of the strike to obtain this trade shop clause is not affected by the purported
deferral clause.
7 For the reasons stated in Member Fanning's dissenting opinion in Amalgamated
Lithographers of America ( Ind) and Local No. 17, etc. (The Employing Lithographers,
etc.), supra, at footnote 15, Members Fanning and Brown dissent from the finding that
Section 8 ( b) (4) (B) was violated in this case . Accordingly , they would dismiss this alle-
gation of the complaint.
AMALGAMATED LITHOGRAPHERS OF AMERICA, IND., ETC. 1679
CONCLUSIONS OF LAW
1. The Lithographers Association of Philadelphia is engaged in
commerce within the meaning of Section 2(6) and (7) of the Act.
2. Amalgamated Lithographers of America, Independent, and
Local Union No. 14, are labor organizations within the meaning of
Section 2(5) of the Act.
3. By engaging in, inducing, and encouraging employees of mem-
bers of the Lithographic Association of Philadelphia to engage in a
partial and a complete strike, and by threatening, coercing, or re-
straining the Association by means of a partial strike, a complete
strike, and picketing, for the purpose in both cases of forcing or requir-
ing the Association to enter into an agreement containing section 1(c)
of the representation clause, the trade shop and outside work clause,
and the alternate trade shop and outside work clause, set forth above,
all of which are prohibited by Section 8(e), the Respondents have
violated Section 8 (b) (4) (i) and (ii) (A) of the Act.
4. By engaging in, inducing and encouraging employees of members
of the Lithographers Association of Phil adelphia to engage in a par-
tial and a complete strike, and by threatening, coercing, or restraining
the Association by means of a partial and a complete strike, for the
purpose in both cases of forcing or requiring the Association to cease
using, selling, handling, transporting, or otherwise dealing in the
products of any other producer, processor, or manufacturer, or to
cease doing business with any other person, the Respondents have
violated Section 8(b) (4) (i) and (ii) (B) of the Act.
5. The aforesaid unfair labor practices are unfair labor practices
affecting commerce within the meaning of Section 2(6) and (7) of
the Act.
ORDER
Upon the entire record in this case, and pursuant to Section 10(e)
of the Act, as amended, the National Labor Relations Board hereby
orders that Respondents, Amalgamated Lithographers of America,
Independent, and Local Union No. 14, their officers, agents, representa-
tives, successors, and assigns, shall :
1. Cease and desist from :
(a) Engaging in, inducing or encouraging employees of members
of the Lithographers Association of Philadelphia to engage in, a par-
tial and a complete strike or threatening, coercing, or restraining the
Association by means of a partial strike, a complete strike, and picket-
ing, for the purpose in either case of forcing or requiring the Associa-
tion to enter into any agreement which is prohibited by Section 8 (e).
(b) Engaging in, inducing or encouraging employees of members
of the Lithographers Association of Philadelphia to engage in, a
partial and a complete strike or threatening, coercing, or restrain-
1680 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing the Association by means of a partial and a complete strike, for
the purpose in either case of forcing or requiring the members of the
Association to cease using, selling, handling, transporting, or other-
wise dealing in the products of any other producer, processors, or
manufacturer, or to cease doing business with any other person.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act.
(a) Post in Respondents' business offices and meeting halls, copies
of the notice attached hereto marked "Appendix." 8 Copies of said
notice, to be furnished by the Regional Director for the Fourth Re-
gion, shall, after being duly signed by official representatives of Re-
spondents, be posted by Respondents immediately upon receipt thereof,
and be maintained by them for 60 consecutive days thereafter, in
conspicuous places, including all places where notices to members are
customarily posted. Reasonable steps shall be taken by Respondents
to insure that said notices are not altered, defaced, or covered by any
other material.
(b) Furnish to the Regional Director for the Fourth Region signed
copies of the aforementioned notice for posting by members of the
Lithographers Association of Philadelphia, if the Association mem-
bers agree, in places where notices to employees are customarily
posted. Copies of said notice, to be furnished by the Regional Di-
rector, shall, after being signed by Respondents, as indicated, be forth-
with returned to the Regional Director for disposition by him.
(c) Notify the Regional Director for the Fourth Region, in writ-
ing, within 10 days from the date of this Decision and Order, what
steps have been taken to comply herewith.
I In the event that this Order is enforced by a decree of a United States Court of
Appeals, there shall be substituted for the words "Pursuant to a Decision and Order" the
words "Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order."
APPENDIX
NOTICE
To ALL OUR MEMBERS AND TO ALL EMPLOYEES OF MEMBERS OF
LITHOGRAPHERS ASSOCIATION OF PHILADELPHIA
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby give notice that :
WE WILL NOT engage in, or induce or encourage employees of
members of the Lithographers Association of Philadelphia to
engage in, a partial and a complete strike or threaten, coerce, or
restrain the Association by means of a partial strike, a complete
strike, and picketing, for the purpose in either case of forcing or
requiring the Association to enter into any agreement which is
prohibited by Section 8(e).
INTERNATIONAL LADIES' GARMENT WORKERS' UNION 1681
WE WILL NOT engage in, or induce or encourage employees of
members of the Lithographers Association of Philadelphia to
engage in , a partial and a complete strike or threaten , coerce, or
restrain the Association by means of a partial and a complete
strike, for the purpose in either case of forcing or requiring the
members of the Association to cease using, selling, handling,
transporting , or otherwise dealing in the products of any other
producer, processors, or manufacturer, or to cease doing business
with any other person.
AMALGAMATED LITHOGRAPHERS OF
AMERICA, INDEPENDENT,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
LOCAL UNION No. 14, AMALGAMATED LITHOG-
RAPHERS OF AMERICA, INDEPENDENT,
Labor Organization.
Dated---------------- By-------------------------------------
(Representative ) (Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board's Regional
Office, 1700 Bankers Securities Building, Philadelphia 7, Pennsyl-
vania, Telephone Number, Pennypacker 5-2612, if they have any
question concerning this notice or compliance with its provisions.
International Ladies' Garment Workers' Union and Federation
of Union Representatives, Petitioner . Case No. 2-RC-11158.
July 26, 1962
THIRD SUPPLEMENTAL DECISION, ORDER GRANTING
MOTION, AND DIRECTION
On October 16, 1961, the Petitioner filed a motion for further sup-
plemental decision, direction, and order in which it requested the
Board to direct the Regional Director to open and then set aside the
ballots of the three challenged voters who have been the subject of
an unfair labor practice proceeding, and to certify the Petitioner if
one or more of these ballots was cast for the Petitioner.' Thereafter,
I In a prior Supplemental Decision, Direction, and Order in this case, issued October 3,
1961 (not published in NLRB volumes), the Board, inter alia, adopted, pro forma, the
Regional Director's recommendation to hold these ballots in abeyance pending the out-
137 NLRB No. 191.
649856-63-voL 137-107