Colorfith Corp.

National Labor Relations Board - Board Decisions

Aug 24, 1978

237 N.L.R.B. 840 (N.L.R.B. 1978)

DECISIONS OF NATIONAl I ABOR RI .IA lIONS BO()ARI)
Colorlith Corporation and A,ocal 26-I, Graphic Aris
International Union, AFI-CIO. ('ases I ('A
13289 and I CA-13678
August 24. 1978
DECISION AND ORDER
By CHIIAIRMAN FANNIN(; AND) M1I:FitK RS .I SKINS
AND) Pli \t 10o
On May 24, 1978, Administrative law Judge Ben-
jamin K. Blackburn issued the attached I)ecision in
this proceeding. Thereafter, Respondent filed excep-
tions in the form of motion for a rehearing d(i not o
and a supporting brief.
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 has considered the record and the at-
tached Decision in light of the exceptions and brief
and has decided to deny the Respondent's motion
and to affirm the rulings, findings, and conclusions
of the Administrative Law Judge and to adopt his
recommended Order.
ORDER
Pursuant to Section 10(c) of the National lIabor
Relations Act, as amended, the National Iabor Re-
lations Board adopts as its Order the recommended
Order of the Administrative LIaw Judge and hereby
orders that the Respondent. C(olorlith ('orporation,.
Johnston, Rhode Island. its officers, agents. succes-
sors, and assigns, shall take the action set forth in the
said recommended Order.
DECISION
SIAx M I NI ()I II ' C iA S
BENJAMIN K. BI.AC KBtURN, Administrative L.aw Judge: The
charge in Case I CA 13289 was filed on June 23. 1977.
The charge in Case I ('A 13678 was filed on September 30
and amended on October 28. A consolidated complaint
was issued on November 9. T'he hearing was held on April
27. 1978, in Boston, Massachusetts. Respondent failed to
appear.
Upon the entire record, especially the uncontradicted
and uncontroverted testimony of witnesses for the General
C'ounsel, I make the following:
I l'Nl)lN(iS o0 I :( I
I Jt RIS)I( I ()N
Respondent, a Rhode Island corporation, is engaged at
Johnston, Rhode Island, in the printing business. It annu-
ally receives goods valued in excess of $50,000 directly
irom suppliers located outside the State of Rhode Island.
and ships products valued in excess of $50,000 directly to
customers located outside the State of Rhode Island.
II IHi I NI IR I ABOR PRA11( IS
A . SI(tion 8Ra)( I)
On June 6, Milton Pierce. Respondent's president and
owner, received a letter from the Charging Party informing
himr that the Charging Party was conducting a campaign to
organize Respondent's production and maintenance em-
ployees. I he letter named six employees as members of an
in-plant organizing committee. The next day Pierce sum-
moned four of the six to his office individually. The inter-
views went as follows:
Eleanor Fontaine
Pierce threw the Charging Party's letter at Ms. Fontaine
as she carme through the door and said. "What's the mean-
ing of this'!"
Ms. Fontaine said, "I hat's a letter informing you that
there is an in plant committee in here organizing the
union.'
Pierce said. "Do you realize what you have done here?"
Ms. I ontaine said. "Yes, I do."
Pierce said. "You huave ruined sour career signing this
paper-. You'll never get a job someplace else. Nobody else
would tolerate your tardiness and your absenteeism. Who
started this?"
Ms. Fontaine said, ' iTo be honest with you. Mickey, I
can't tell \ou."
Pierce said. "Well. who was at the meeting?"
lMs. I ontaine said, "I can't tell vou that either."
Pierce said. "D[id you consider your fellow employees
when you made this move?'"
Ms. [:ontaine said. "I did. It is to better them."
Pierce said, "I alaxys thought you were an asshole and
no\w with that letter you have proved to me you are an
asshole. I)o ou think you will be able to get a job within
the trade in a non-union shop?"
Ms. Fontaine said. "Yes."
Pierce said, "I don't think so. With sour name on there.
you have just ruined it. I have nothing to lose. You have
much more to lose out of this than I do. I don't have to
operate with the union. I won't operate with the union.
Nobody is going to come in and tell me how to run mx
business. I would as soon close mx doors before anxbodN
could come in and tell me how to operate. I'm finished
with you. (iet out of my sight."
I )ares other than the date of Ihe hearing are 1977
237 NLRB No. 115
840
COLORLITH CORPORATION
Stanle' (iilchlist
Pierce threw the letter on his desk as Cichriist enteled
the office and said, "'hat is the meaning of this?"
Gilchrist said, "Just wihat it sas it is."
Pierce said, ''You knovw ,ou hase ruined Nour cilreer.
You'll never get another job in another printino shop. You
have onl, been back here for 2 months. hlow would \oun
like to be out of work againl"
Gilchrist said. "No."
Pierce said, 1 wouldn't let a union in the shop. If a
union ever w as ordered inll, I would close the dool rs." As
Gilchrist left. Pierce added. "I just swant \ou to kinow that
you will he on m; shit list."
Sim ('hin
Pierce threw the letter at Chin as ('hin canie into the
office and said, "What is this?"
C'hin said. "It's exactly what it saNs."
Pierce said. "I thought we had a good relationship up to
this point. I didn't know you were unhapps here. If sou are
unhappy here, ,ou can leave. No one is stopping you. I'his
isn't a Communist countr, like Russia or someplace else."
When Chin did not respond. Pierce said, "\ ou won't be
able to get any ty pe of stripping job in the future in non-
union shops."
('hin said, "Who is going to blackball me'"i
Pierce said, "It ill just be known that sou were in union
organizing. 'he problem is brought on bh the union. I
think all of Nou made a mistake. \VhI don't \onU think
about it and consider it."
Chin said, "I will think about it."
George Regas
Pierce showed Regas the letter and said. "What is the
meaning of this'?"
Regas said. "Well, I knew ni! name w ould he the first
one you would see there."
Pierce said, "You know that anl place Nou ever go Noull
be known as a union organizer."
Regas said, "Where am I going to get a jobh I don't plan
on going anywhere."
Pierce said, "I wouldn't let these Communists in here. I
am the owner and I can retire. Maybe I can't close the
doors, but I can retire."
Later that day, Ms. Fontaine talked to Plant Manager
Anthony Dionizio and his assistant, William Rosa. Dioni-
zio asked her if she realized what she had done b.h signing
her name to the letter because now she was on Pierce's haid
list. lie told her that, if a union get into the plant, it would
be much easier for her to lose her job because the union
would be the one to hire new employees and it would hire
its own members. He said Pierce did not have anything to
lose because he had sources of income other than Respon-
dent, he would just close his doors rather than operate un-
der a union because he was not the tape to have anybod?
tell him what to do.
I he next daxi. lun.e 8. Dionizio also spoke to C'hin and
(JilLchist. Dionihio (Ilnd Rosa} asked ('hin if he had an!
qucsstion, abtout the sitil0ation in the shop. In the course of
the dliscussion that follow ed. ('hin complained that the em-
plOsees' Blue Cross coC eraCte was too low because it was I0
or 21 Ncairs out of date I)ioniZio said, "Mickes is working
on a plan, the 100) plan iBlie C('ross-Blue Shield, and we
should cget it prettl soon.
D[l)lliiio showed (Gilch'ist a list of the employees who
we\re on the in-plant omlmittee and said. "Out of all the
altlmnes oil here, I wa is most surprised at seeing sours be-
cauise \ll haie tae IlCMost to lose."''
(ilchrist said, "What do ou mleanl b that'"''
I)ioniio stiLd. ''IAll the others , are single people. if then
wxeic to lose their job. theN could find another job and thes
oxsuldn't hate a familN to support. And George Regas has
his oun bhusiness on the side. so he would have something
to fall back onil. 'ou ha,,e a wife and two kids and vou have
the most to lose. If the union is voted in. Micken won't just
close the shop dow, l. ie'll sa! he's retiring because of the
pressures of the union. Y ou'll not only put yourself out of
a lo bibt ;liso all of \ our fellow emploNees."
(;llchist said. "Whtat do sou waint me to do about it?''
I)ionii/io said. ''Vcl. I carn'l guarantltee sour jobh but if
Nou 5 Gould like to talk to Mickes. I could arrange it for
\ Oil.
(iilchrist said. "I don't know* right now. I'll think about
iL
I ater that das l)ionizio asked Gilchrist if he had spoken
to Pierce. (Jilchrist said he had not. Dionizio said, "Well,
Mickes wsould like to speak to 'ou."
(iilchrlst said, "Well, all right. I'll talk to him." Gilchrist
w'ent to Pierce's office.
Pierce had the list of employees on the in-plant organiz-
ing comnmittee in front of him. He went down it name b,
name. telling Gilchrist \ hilt he thought of each employee.
Ic said. "Joe L.ewis is the t\pe of guy that if I gave him
$50. he would hold otni his hand for $50 more. fleanor
Fontaine. NWhen I hired her she was nothing but a factors
rat. I made her esersthilng she is today, and she turns
around and does this to me. George Regas. He is a cretin
with doors on. I don't know whN I ever hired him back.
Sin ('hin. I here's a guy that doesn't even belong in this
countr,. Bruce Parrott. Here's a guy who all of a sudden is
getting awfully bra\,e. and he doesn't even know he is out
of a job." Pierce showed (illchrist a financial statement
from a company for which Parrott works in addition to
Respondent. It showed a loss of $2.000 for the previous
sear. Pierce said, "lie is losing money for me, and he
doesn't esven know that I amnl going to close the shop down.
and he will be out of i job. I am thinking about putting in
Blue C('ross (X)0 as of \acation time and I am considering
getting a dental plan. If the Union is voted in you won't get
any of that and anything sou do get Nou'll hare to fight
for." tie showed Gilchrist pamphlets which quoted prices
from competitors. Pierce said. "See. this is what I hare to
compete against. If the union gets in, I can't compete
against them. We will be losing money from day one. A
union w\on't last a day in mn shop. I know there is a union
meeting tomorrow night, and I know where it is. No. I
don't know where it is. Where is it')"
841
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Gilchrist said, "I don't know. It's at a union hall, but I
don't really know where it is. I'm supposed to go with
somebody else."
Pierce said, "I'm going to be waiting outside that meet-
ing, and I am going to take down the names of the people
who go to it. Are you going?"
Gilchrist said, "No."
In the course of these various conversations, I find that
Respondent, in the persons of Milton Pierce and Anthony
Dionizio, violated Section 8(a)(1) of the Act by interrogat-
ing employees about their union activities, threatening to
go out of business because of employees' union activities,
threatening to discharge employees because of their union
activities, threatening to blackball employees because of
their union activities, threatening to withhold health bene-
fits because of employees' union activities, threatening to
engage in surveillance of employees' union activities, and
creating the impression of surveillance of employees' union
activities. The General Counsel produced no evidence in
support of an allegation that Pierce threatened an employ-
ee with physical violence on or about June 8 because of
union activity. I granted his motion to withdraw that por-
tion of the complaint at the hearing.
B. Section 8(a)(3)
Respondent laid off Stanley Gilchrist, an offset stripper.
on August 22 and recalled him a week later. It laid him off
again on October 3 and recalled him 4 weeks later. It laid
off Sim Chin, a photographer and stripper, on August 30
and recalled him on October 17. On each occasion the em-
ployee was told he was being laid off because of a shortage
of work in the shop. The volume of work was less than
normal on these occasions. However, in prior slack periods
skilled employees like Gilchrist and Chin were not laid off.
Rather, work was found for them to fill out their time until
the volume of their regular work picked up. I find, on the
basis of these facts, plus the strong animus against Gil-
christ and Chin displayed by Respondent in the 8(a)(I)
violations already found, that the reason given on the occa-
sions of their layoffs was a pretext and that, but for their
union activities, neither would have lost any time from
work. Respondent, therefore, violated Section 8(a)(3) and
(1) of the Act by laying off Stanley Gilchrist on August 22
and October 3 and Sim Chin on August 30 for engaging in
union activities.
Upon the foregoing findings of fact, an upon the entire
record in this proceeding, I make the following:
CONCI LISIONS OF LAW
1. Colorlith Corporation is an employer engaged in
commerce within the meaning of Section 2(6) and (7) of
the Act.
2. Local 26-L Graphic Arts International Union, AFL-
CIO, is a labor organization within the meaning of Section
2(5) of the Act.
3. By interrogating employees about their union activi-
ties, threatening to go out of business because of employ-
ees' union activities, threatening to discharge employees
because of their union activities, threatening to blackball
employees because of their union activities, threatening to
withhold health benefits because of employees' union ac-
tivities, threatening to engage in surveillance of employees'
union activities, and creating the impression of surveillance
of employees' union activities, Respondent has violated
Section 8(a)( ) of the Act.
4. By laying off Stanley Gilchrist on August 22 and Oc-
tober 3. 1977, and Sim Chin on August 30. 1977, for engag-
ing in union activities, Respondent has violated Section
8(a)(3) and (I) of the Act.
5. The aforesaid unfair labor practices are unfair labor
practices affecting commerce within the meaning of Sec-
tion 2(6) and (7) of the Act.
i[tii Rti.Mli)l
In order to effectuate the policies of the Act, it is neces-
sary that Respondent be ordered to cease and desist from
the unfair labor practices found, remedy them, and post a
notice. Since Stanley Gilchrist and Sim Chin have been
recalled from layoff, a reinstatement order is not required.
However, I shall order Respondent to make them whole
for any loss of wages or other benefits suffered by reason
of the discrimination against them in the manner set forth
in F W /Woolworth Companre, 90 NLRB 289 (1950), with
interest thereon to be computed as prescribed in Florida
Steel Corporation. 231 NLRB No. 117 (1977).2
Upon the basis of the foregoing findings of fact, conclu-
sions of law, and the entire record in this proceeding, and
pursuant to Section 10(c) of the Act, I hereby issue the
following recommended:
ORDER
Respondent Colorlith Corporation, its officers, agents,
successors, and assigns. shall:
I. Cease and desist from:
(a) Interrogating employees about their union activities.
(b) Threatening to go out of business because of em-
ployees' union activities.
(c) T hreatening to discharge employees because of their
union activities.
(d) Threatening to blackball employees because of their
union activities.
(e) Threatening to withhold health benefits because of
employees' union activities.
(f) Threatening to engage in surveillance of employees
union activities.
(g) Creating the impression of surveillance of employ-
ees' union activities.
(h) Laying off employees for engaging in union activi-
ties.
(i) In any other manner interfering with, or attempting
to restrain or coerce employees, in the exercise of the rights
guaranteed in Section 7 of the Act.
See. generally. Iss Plunibing & Heating (o, 138 NI.RB 716 11962)
In the event no exceptions are filed as provided bh Sec 102 46 of the
Rules and Regulations of the National labor Relations Board. the findings.
conclusiosl and reciommernded Order herein shall. as prolided In Sec
1112 48 of the Rules and Regulalions. he adopted b) the Board and become
ts findllngs, conclusions. and Order. and all objections thereto shall be
deemed .l ised for .all purposes
842
COLORL.ITH CORPORATION
2. Take the following action necessary to effectuate the
purposes of the Act:
(a) Make Stanley Gilchrist and Sim Chin whole for ans
loss of wages or other benefits suffered by reason of the
discrimination against them, with interest.
(b) Preserve and, upon request, make available to the
Board or its agents, for examination and copying, all pa' -
roll records, social security payment records. timecards.
personnel records and reports, and all other records neces-
sary to analyze the amount of backpay due under the terms
of this Order.
(c) Post at its plant in Johnston, Rhode Island, copies of
the attached notice marked "Appendix." 4 Copies of said
notice, on forms provided by the Regional Director for
Region I. after being duly signed by Respondent's repre-
sentative, shall be posted by Respondent immediately 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. Rea-
sonable steps shall be taken by Respondent to insure that
said notices are not altered, defaced, or covered bs arns
other material.
(d) Notifv the Regional Director for Region I. in writ-
ing, within 20 days from the date of this Order. what steps
Respondent has taken to comply herewith.
4 In the event that Ihis Order is enforced bh a judLmvcnt of h lie Itllld
States Court of Appeals. the ,.ords In the notce readn;ld "Pfslted hb Ol)Lder
of the Nalional Labhor Relations Board" shall read '),xied Puirsu)i I,, I
Judgment of the United States ( ourl iof Appeals Ltnforcln[ mi ()rdel of ith
National L.lhor Relalions Board"
APPENDIX
NowI(F. To EMPI.OYrtS
PoSTrFI BY ORDER OF tHEF
N IION4 1 I ABOR RI I Al()NS BOARI)
An Agency of the United States Government
The National Labor Relations Board having found, after a
hearing. that we violated Federal law by laying off employ-
ees for engaging in union activities, we hereby notify you
that:
The National labor Relations Act gives all employees
these rights:
To engage in self-organization
To form, join, or help unions
To bargain collectively through a representative
of their own choosing
'o act together for collective bargaining or other
aid or protection
I o refrain from any or all of these things.
Wl 9.1 I NOI interrogate you about your union ac-
tis ities.
WI u t i -(i threaten to go out of business because
of vour union activities.
Wi siit N.oi threaten to discharge you because of
sour union activities.
WI ,alti Not threaten to blackball you because of
'our union activities.
Vi wil t Noi threaten to withhold health benefits
from ,ou because of your union activities.
W\i 9t1t NOi threaten to engage in surveillance of
y'our union activities.
WtI Vs ii NOT create the impression of surveillance of
your union activ ties.
WI x\ II I N10l la' you off for engaging in union activ-
ities.
Wi A itt N so in an' other manner interfere with you
or attempt to restrain or coerce you in the exercise of
the above rights.
Wi \%.ui make Stanley Gilchrist and Sim Chin
swhole for an) loss of wages or other benefits suffered
by reason of our discrimination against them, with in-
terest.
All our employees are free, if they choose, to join Local
26 1 Graphic Arts International Union, AFL-CIO, or an)
other labor organization.
C()IORI ITlH (ORPORAI ION
843