American Manufacturing Co. of Texas

National Labor Relations Board - Board Decisions

Feb 2, 1966

156 N.L.R.B. 1225 (N.L.R.B. 1966)

AMERICAN MANUFACTURING COMPANY OF TEXAS 1225
Employer is satisfied by the results achieved and desires no change, we
find that employees represented by the Pressmen's Union are entitled
to the disputed work of offset platemaking, and we shall determine the
dispute in their favor. In making this determination, we are assign-
ing the disputed work to pressmen who are represented by the Press-
men's Union, but not to the Pressmen's Union or to its members. Our
present determination is limited to particular dispute which gave rise
to this proceeding.
DETERMINATION OF DISPUTE
Pursuant to Section 10(k) of the National Labor Relations Act, as
amended, and upon the basis of the foregoing findings and the entire
record in this proceeding, the National Labor Relations Board hereby
makes the following Determination of Dispute.
1. Pressmen employed by the Employer who are represented by
Cleveland Printing Pressmen and Assistants' Union, Local 56, AFL-
CIO, are entitled to perform the offset platemaking operation which
is performed in connection with the work at the Employer's plant in
Cleveland, Ohio.
2. Cleveland Stereotypers' Union No. 22, International Stereotyp-
ers' and Electrotypers' Union of North America, AFL-CIO, is not
entitled, by means proscribed by Section 8(b) (4) (D) of the National
Labor Relations Act, as amended, to force or require Western Press
Incorporated to assign the work in dispute to employees engaged as
stereotypers who are currently represented by it.
3. Within 10 days from the date of this Decision and Determination
of Dispute, Cleveland Stereotypers' Union No. 22, International Stere-
otypers' and Electrotypers' Union of North America, AFL-CIO, shall
notify the Regional Director for Region 8, in writing, whether or not
it will refrain from forcing or requiring Western Press Incorporated,
by means proscribed by Section 8(b) (4) (D) of the Act, to assign the
work in dispute to Stereotypers rather than Pressmen.
American Manufacturing Company of Texas and Local 47, Inter-
national Brotherhood of Teamsters, Chauffeurs , Warehouse-
men and Helpers of America . Case No. 16-CA-1386. Febru-
ary 2, 1966
SUPPLEMENTAL DECISION AND ORDER
On November 8, 1962, the National Labor Relations Board issued
its Decision and Order in the above-entitled proceeding,' finding that
1139 NLRB 815.
156 NLRB No. 109.
1226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Respondent had violated Section 8(a) (1) of the National Labor
Relations Act, as amended, by interrogation, by promises of pay
increases in return for repudiation of the Union, by encouraging direct
negotiations with the Respondent, and by threats to discontinue its
trucking operations and sell its trucks if the drivers organized; had
violated Section 8(a) (3) and (1) by discontinuing its trucking opera-
tions and terminating its drivers; and had violated Section 8(a) (5)
and (1) by refusing to recognize and bargain with the Union by uni-
laterally changing terms and conditions of employment and unilater-
ally discontinuing its trucking operations. The Board, accordingly,
ordered the Respondent to cease and desist from the unfair labor prac-
tices found , to bargain with the Union, to resume its trucking opera-
tions with its own employee drivers, and to offer the drivers reinstate-
ment and backpay with interest.
Upon the Board's petition for enforcement of its Order, the United
States Court of Appeals for the Fifth Circuit granted enforcement
thereof in all respects except as to that portion requiring a resumption
of trucking operations.2 The court remanded that phase of the Order
to the Board for further proceedings on the ground that the record
evidence does not show that such a remedy is "reasonably needed to
effectuate the policies of the Act" in the present case.
Pursuant to the court 's remand, the Board has reconsidered this
phase of its Order. Accordingly , in view of the court 's enforcement
of the cease - and-desist section of our Order and the portions of the
affirmative section requiring immediate reinstatement of the employ-
ees with backpay, coupled with the duty of the Respondent to enter into
good-faith bargaining with the Union regarding all mandatory sub-
jects of bargaining, including the subcontracting of its trucking opera-
tions, we shall delete that portion of our previous Order requiring
the Respondent to resume its unilaterally discontinued trucking
operations.
[The Board amended its Decision and Order issued on November 8,
1962, as follows:
[1. Modify paragraph 2(b) to read:
["Offer to the employees listed in the attached Appendix immediate
and full reinstatement to their former or substantially equivalent
positions, without prejudice to their seniority or other rights and privi-
leges, and make them whole for any loss of pay suffered by them in the
manner set forth in the section above entitled "The Remedy."
[2. Delete the seventh indented paragraph of the notice.]
2 351 F. 2d 74 (C.A. 5).