Ciba Pharmaceutical Products, Inc

National Labor Relations Board - Board Decisions

Jul 21, 1942

42 N.L.R.B. 671 (N.L.R.B. 1942)

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In the Matter Of CIBA PHARMACEUTICAL PRODUCTS, INC and AMERI-
CAN FEDERATION OF LABOR AND THE PHARMACEUTICAL & DRUG
WOREERS UNION, LOCAL 23014, A F OF L
Case No C-2254 -Decided July 21,1942
Jurisdiction : phaiuiaceutical drug and specialties manufacturing industiy
Settlement : stipulation piovidmg for compliance with the Act
Remedial Orders : entered on stipulation
Cllr. Bertram Diamond, for the Board
Appleton, Race & Permn, by Mr J D IKernon, Jr, and Mr Clifton
AS. Thomson, of New York City, for the respondent
Mr. Arthur R Cook, of Newaik, N J , for the Union
Mr Gerard J Manacle, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TIIE CASE
Upon charges and amended chaiges duly filed by the American
Fedeiation of Labor and The Pharmaceutical & Drug Workers
Union, Local 23014, A F of L , herein jointly called the Union, the
National Laboi Relations Boaid, herein called the Boaid, by its
Regional Director for the Second Region (New York City), issued
its complaint dated May 26, 1942, against Ciba Pharmaceutical
Pioducts, Inc, herein called the iespondent, alleging that the re-
spondent had engaged in and was engaging in unfair labor practices
affecting commerce within the meaning of Section 8 (1) and (2) and
Section 2 (6) and- (7) of the National Labor Relations Act, 49 Stat
449, herein called the Act Copies of the complaint, accompanied by
notice of hearing, were duly sei ved upon the respondent, the Union,
and the Independent Association of Ciba Employees I
Concerning the unfair labor practices, the complaint alleged in
substance (1) that on of about November 28, 1941, the respondent
initiated, formed, and sponsored a labor organization, or labor or-
ganizations, and that fiom on or about said date assisted, dominated,
contributed to the support of, and interfered with the administration
of said labor organization or organizations, (2) that fiom on or about
October 1, 1941, and thereafter, the iespondent vilified. disnaianPrl
672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
concerning their union affiliations, urged, persuaded, threatened, and
warned its employees to refrain from assisting, becoming members
of, or remaining members of the Union ; and urged , persuaded,
threatened , and waived its employees to assist , become members of,
or remain members of the independent union or unions above referred
to; and (3) that by these acts the respondent inteifered with, re-
strained , and coerced its employees in the exercise of rights guai -
anteed in Section 7 of the Act.
On June 25, 1942, the iespondent filed an answer to the complaint,
in which it admitted the allegations with iespect to its business, but
denied the alleged unfair laboi practices
Pursuant to notice, a heaimg was begun at Summit, New,Jersey,
on June 29, 1942, before Thomas S Wilson, the Trial Exammerrduly
designated by the Chief Ti ial Examiner The Board, the respondent,
and the Union were represented and paiticipated in the hearing
On Julyy,3,4942, during the course of the hearing, the respondent,
the Union , and counsel for'the,Board entered into , a stipulation, sub-
ject to the appioval of the Board , in- settlement of the case The
stipulation provides as follows
A second amended chaige having" duly been filed on May 20,
1942 by Ameiican Federation of Labor `and The Phainiaceutical
& Diug Woikers Union, Local 23014, A F of L, hereinafter
called the "Ding Workeis Union", iiith the Regional Director
for the National Labor Relations Board, hereinafter called the
"Board", for the Second Region, New York City; the Board, by
its Regional Director, having issued its complaint and notice of
hearing on May 26, 1942, against Ciba Pharmaceutical Products,
Inc, hereinafter called the "Respondent", copies of the second
amended chaige, complaint, and notice of hearing having been
duly, served on the Respondent, on the Drug Workers Union and
on the Independent Association of Ciba Employees, hereinafter
called the "Independent", notice of postponement having been
duly served on the Respondent, the Ding Workers Union and
the Independent, Respondent having duly filed its ranswer , a
hearing having commenced on June 29, 1942, and it being the
desire of all the parties to this stipulation to settle and dispose of
the above entitled proceeding,
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS
1 The Respondent has been since 1936 a corporation existing
under and by virtue of the laws of the State of New Jersey, having
its principal office and place of business at Lafayette Park, Sum-
mit, New Jersey The Respondent is engaged in the manufac-
ture, sale and distribution of pharmaceutical drugs and specialties
and related products
CIBA PHARMACEUTICAL PRODUCTS , INC - 673
2 The Respondent , in the course and conduct of, its business
during the six month period ending December 31, 1941, caused and
has since then continuously caused about 75% by value of its
materials , consisting principally of diugs and chemicals, to be
purchased and delivered in interstate commerce from and through
states of the United States other than the State of New Jersey.
During the above period the Respondent purchased about $350,000
worth of materials
3 The Respondent, in the course and conduct of its business
during the six month period ending December 31, 1941, caused
and has since then continuously caused about 977o by value of its
finished , products to be sold and distributed in interstate commerce
to points outside the State of New Jersey During the above
period, the Respondent sold finished products valued in excess of
$1,000,000
4 The Respondent is engaged in interstate commerce within
the meaning of the National Labor Relations Act, hereinafter
referred to as the "Act"
5 The Drug Workers Union and the Independent are, each
labor organizations within the meaning of Section 2 (5) of the
Act
6 This stipulation, together with the aforementioned second
amended charge, complaint, notice of hearing, notice of postpone-
ment, answer, the affidavits of service of the complaint, notice of
hearing and notice of postponement, and the transcript of the pro-
ceeding in case No 11-C-3436 held June 29, 1942 before Trial
Examiner Thomas S Wilson, shall be filed with the Trial Ex-
aminer, and when so filed, shall constitute the entire record in this
case Further proceedings before a Trial Examiner or the Board,
including the taking of testimony and the making of findings of
fact 'und conclusions of law are expressly waived
7 Upon the record as defined ' in Paragraph 6 herein, an order
may be entered forthwith by the Board providing substantially
as follows , which order shall have the same force and effect as if
made after full hearing, presentation of evidence and the making
of findings of fact and conclusions of law
Respondent, its officers, agents , successors and assigns shall
1 Cease and desist from
(a) In any manner dominating or interfering with the ad-
ininisti ation of the Independent Association of Ciba Em-
ployees, or the formation or administration of any other labor
organization of its employees, and from contributing financial
or other support to any such labor organization,
472814--42-vor 42-43
674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) In any other manner interfering with, restraining or
coercing its employees in the exercise of their right, to self-or-
ganization, to form, join or assist the American Federation of
Labor and The Pharmaceutical & Drug Workers Union, Local
23014, A F. of L , or any other labor organization, to bargain
collectively through representatives of their own choosing, and
to engage in concerted activities for the purpose of collective
bargaining or other mutual aid or protection as guaranteed in
Section 7 of the National Labor Relations Act
2 Take the following affirmative action to effectuate the pol-
icies of the Act.
(a) Withhold all recognition from the Independent Associa-
tion of Ciba Employees as the representative of any of its em-
ployees for the purpose of dealing with the Respondent
conceiving grievances, labor disputes, rates of pay, wages, hours
of employment or other conditions of employment, and com-
pletely disestablish said Independent Association of Ciba Em-
ployees as such representative,
(b) Post immediately in conspicuous places throughout its
place of business at Layfayette Park, Summit, New Jersey, and
maintain for a peuod of at least sixty (60) consecutive days
from the date of posting, notices to its employees in the form
set forth in Appendix A attached hereto and made a part
hereof 1
(c) File with the Regional Director for the Second Region,
within ten days after service of this order by the Board upon
the Respondent, a report setting forth in detail the manner and
form'in which the Respondent has complied with the terms of
this order. '
8 It is further stipulated and agreed that upon application by
the Board, the appropriate Circuit Court of Appeals of the
United States may enter a decree embodying substantially the
terms of the Board's Order above set forth, and enforcing the
said Order of the Board. All the parties hereto waive their
right to protest the entry of such decree and waive notice of the
filing of an application for the entry of such decree.
9. This entire stipulation is subject, to the approval of the Na-
tional Labor Relations Board.
10 This stipulation contains the entire agreement of the parties '
and there is no verbal agreement or understanding of any kind
which varies, alters or adds to this stipulation.
11 Nothing in this stipulation shall be construed as an admission
by the Respondent of the truth of any of the allegations in the
complaint herein.
1 Attached to the Decision and Order herein as Appendix A.
CIBA PHARMACEUTICAL PRODUCTS, INC 675
On July 10, 1942, the Board issued an order approving the stipula-
tion, making it a part of the record, and pursuant to Article II,'
Section 36, of National Labor Relations, Board Rules and -Regula-
tions-Series 2, as amended, transferred the proceeding to the Board
for the purpose of entry of a Decision and Order pursuant to the
provisions of the stipulation.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF ' FACT
I THE BUSINESS OF THE RESPONDENT
The respondent, a New Jersey corporation, with its principal office
and place of business in Summit, New Jersey, is engaged in the -
manufacture, sale, and distribution of pharmaceutical drugs and
specialties and related,products During the 6 months' period end-
ing December 31, 1941, the respondent purchased $350,000- worth of
materials', 75 percent of which were received from points outside
the State, of New Jersey During the same period, the respondent
sold over $1,000,000 worth of finished products, 97 percent of which
were sold and distributed to points outside the State of. New Jersey.
The respondent concedes that it is engaged in commerce within the
meaning of the Act.
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
the entue record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that Ciba Pharmaceutical Products, IInc., its officers,
agents, successors, and assigns shall
1.'Cease and desist from :
(a) In any manner dominating or interfering with the administra-
tion of the Independent Association of Ciba Employees. or the forma-
tion or administration of any other labor organization of its employees,
and from contributing financial or other support to any such labor
organization ;
(b) In any other manner interfering with, restraining or coercing
its employees in the exercise of their right to self-organization, to form,
join or assist the American Federation of Labor and The Pharmaceu-
tical & Drug Workers Union, Local 23014, A. F of L., or any other
labor organization, to bargain collectively through representatives of
their own choosing, and to engage in concerted activities for the pur-
676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pose of collective bargaining or other mutual aid of protection as
,guaranteed in Section 7 of the National Labor Relations Act
2 Take the following affirmative action to effectuate the policies of
the Act
(a) Withhold all recognition from the Independent Association of
Cilia Employees as the representative of any of its employees for the
purpose of dealing with the Respondent concerning grievances, labor
disputes, rates of pay, wages, hours of employment or other conditions
of employment, and completely disestablish said Independent Associa-
tion of`Ciba Employees as such representative,
(b) Post immediately in conspicuous places throughout its place of
business at Lafayette Park, Summit, New Jersey, and maintain for a
per rod of at least sixty (60) consecutive days from the date of posting,
notices to its employees in the form set forth in Appendix A attached
hereto and made a part hereof,
(c) File with the Regional Director for the-Second Region, within
ten days after sei vice of this order by the Board upon the Respondent,
a report setting forth in detail the manner and for ni in which the
Respondent has complied with the terms of this order
Mn GERARD D REILLY took no part in the consideration of the above
Decision and Order
APPENDIX A
NOTICE 10 ALL EMPLOYEES OF CIBA PHARMACEUTICIL PRODUCTS, INC
Lafayette Park, Summit, N J
Pursuant to an order of the National Labor Relations Board, Uiba
,Pharmaceutical Products, Inc, recognizing the right of its employees
to self-organization, to form, loin, or assist labor organizations, to bar-
gain collectively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bargaining
or other mutual aid or protection as guaranteed in Section 7 of the
National Labor Relations Act, states that it and its officers and agents:
1 Will not in any manner Interfere with the exercise by its em-
ployees of the above rights;
2 Will not in any manner dominate of interfere with the adminis-
tration of the Independent Association of Ciba Employees or the
formation or administration of any other labor organization of its
employees, and will not contribute financial or other suppoit to any
such organization,
3 Will withhold all recognition from the Independent Association
of Ciba Employees as the representative of its employees for the pur-
CIBA PHARMACEUTICAL PRODUCTS, ll'C 677
pose of dealing with this company concerning grievances, labor dis-
putes, rates of pay, wages, hours of employment or other conditions of
employment, and will completely disestablish, said organization as such
representative.
Dated --------------------
CIBA PHARMACEUTICAL PRODUCTS, INC,
By
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