The Ann Arbor Press

National Labor Relations Board - Board Decisions

Oct 26, 1950

91 N.L.R.B. 1291 (N.L.R.B. 1950)

In the Matter of ARTHUR J. WILTSE, D/B/A THE ANN ARBOR PRESS and
BINDERY WORKERS LOCAL UNION No. 20, INTERNATIONAL BROTHER-
HOOD OF BOOKBINDERS, AFL
Case No. 7-CA-315
ORDER
October 26, 1950
On August 24, 1950, the Trial Examiner issued his Intermediate
Report and, Recommended:'.Order, .finding :that the Respondent had
engaged in certain unfair labor practices and recommending that it
take specific action to remedy such unfair labor practices. On the
same day the case was transferred to the National Labor Relations
Board. By telegram dated August 31,1950, the Respondent requested
oral argument before the Board. By telegram dated September 6,
1950, the Respondent requested an extension of time to October 12,
1950, for filing exceptions and briefs. An extension was granted by
the Board to October 2, 1950. By telegram dated September 29, 1950,
the Respondent requested an extension to October 16, 1950, for filing
exceptions and briefs. On October 2, 1950, the Board granted this
request by telegram to all parties, reading as follows :
RE: THE ANN ARBOR PRESS, CASE NO. 7-CA-315,
DATE FOR RECEIPT OF EXCEPTIONS AND BRIEFS
IN WASHINGTON IS EXTENDED TO OCTOBER 16, 1950.
No Statement of Exceptions was filed with the Board within the
time allowed. On October 18, 1950, the Board received from the Re-
spondent certain exceptions which were dated October 16, 1950. The
Board has not considered these exceptions because they were not
timely filed.
Pursuant to Section 10 (c) of the National Labor Relations Act,
as amended, and Section 102.48 (formerly Section 203.48) of the Rules
and Regulations of the Board-Series 5, as amended, the Board
hereby adopts the findings, conclusions and recommendations of the
Trial Examiner, as contained in the Intermediate Report and Recom-
mended Order and makes the following Order :
91 NLRB No. 202.
1291`
1292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY ORDERED that Arthur J . Wiltse, d/b/a The Ann Arbor
Press, his agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Refusing to bargain collectively with Bindery Workers Local
Union No. 20, International Brotherhood of Bookbinders, AFL, as
the exclusive representative of all his employees.in the appropriate
unit with respect to rates of pay, wages, hours of employment, or other
conditions of employment;
(b) Discouraging membership in. the Union or in any other labor.
organization of its employees by discharging or reducing the rate of
pay of any of his employees or discriminating in any other manner in
respect to their hire and tenure of employment, or any term or condi-
tion of employment;
(c) Discharging, refusing to reinstate or reemploy, or otherwise
discriminating against any employee because he has filed charges or
given testimony under the Act, or in any other manner interfering with
the'right of employees to file and prosecute charges and to give testi-
mony under the Act;
(d) In any other manner interfering with, restraining, or coercing
his employees in the exercise of the right to self-organization, to
form labor organizations, to join or assist Bindery Workers Union
Local No. 20, International Brotherhood of Bookbinders, AFL, or any
other labor organization, to bargain collectively through representa-
tives of their own choosing and to engage in other concerted activities
for the purpose of. collective bargaining or other mutual aid or pro-
tection, or to refrain from any or all of such activities, except to the
extent that such right may be affected by an agreement requiring
membership in a labor organization as a condition of employment, as
authorized in Section 8 (a) (3) of the Act.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Upon request, bargain collectively with Bindery Workers
Union Local No. 20, International Brotherhood of Bookbinders, AFL,
as the exclusive representative of the employees in the appropriate
unit, and embody in a signed agreement any understanding reached;
(b) Offer to Heman Miller immediate and full reinstatement to
his former or substantially equivalent position, without the discrimi-
natory reduction in pay and without prejudice to his seniority or
other rights and privileges;
(c) Make whole the said Heman Miller for any loss of pay he may
have suffered by reason of the interference, restraint, coercion, and
discrimination against him, in the manner set forth in Section V in the
THE ANN ARBOR PRESS 1293
Intermediate Report and Recommended Order, entitled "The
remedy" ; _
(d) Post at his plant in Ann Arbor, Michigan, copies of the notice
attached hereto and marked Appendix A. Copies of said notice, to
be furnished by the Regional Director for the Seventh Region, shall,
after being duly signed by the Respondent's representative, be posted
by the Respondent immediately upon receipt'thereof, and be main-
tained by him for sixty (60) consecutive days thereafter, in conspicu-
ous places, including all places. where notices to his employees are
customarily posted. Reasonable steps shall be taken by the Respond-
ent to insure that said notices are not altered, defaced, or covered by
any other material;
(e) Notify the Regional Director for the Seventh Region, in writ-
ing, within ten (10) days from the date of this Order, what steps
the Respondent has taken to comply herewith.
IT IS FURTHER ORDERED that the Respondent's request for oral argu-
ment before the Board be, and it hereby is, denied, for the reason that
the Respondent failed' to file timely exceptions to the Intermediate
Report and Recommended Order.
Dated, Washington, D. C., October 26, 1950.
By direction of the Board :
FRANK M. KLEILER,
Executive Secretary.
APPENDIX A
NOTICE TO ALL EMPLOYEES '
Pursuant to an Order of the National Labor Relations Board, and
in order to effectuate the policies of the National. Labor Relations Act,
as amended , I hereby notify my employees that :
I WILL BARGAIN upon request with BINDERY WORKERS LOCAL
UNION No. 20, INTERNATIONAL BROTHERHOOD OF BOOKBINDERS,
AFL, as the exclusive representative of all employees in the bar-
gaining unit described herein with respect to rates of pay, hours
of employment, or other conditions of employment, and embody
in a signed agreement any understanding reached. The bargain-
ing unit is :
All employees in the bookbinding department at my Ann
Arbor, Michigan, plant, including binding machine operators,
gatherers, inserters, paper cutters, folding machine operators,
shipping clerks, and stockmen, but excluding truck drivers,
maintenance employees, janitors, the stock cutter in the stock-
room, guards, and supervisors as defined in the Act.
1294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I WILL NOT discourage membership in BINDERY WORKERS LOCAL
UNION No. 20, INTERNATIONAL BROTHERHOOD OF BOOKBINDERS,,
AFL, or in any other labor organization of my employees by dis-
charging any of my employees or discriminating in any other
manner in respect to their hire or tenure of employment, or any
term or condition of employment.
I WILL NOT discharge, refuse to reinstate or reemploy, or other-
wise discriminate against any of my employees because he has
filed charges or given testimony under the Act, or in any other
manner interfere with the right of my employees to file and prose-
cute charges and to give testimony under the National Labor
Relations Act.
I WILL NOT in any manner interfere with, restrain, or coerce my
employees in the exercise of the right to self-organization, to form
labor organizations, to join, or assist BINDERY WORKERS LOCAL
UNION No. 20, INTERNATIONAL BROTHERHOOD OF BOOKBINDERS,
AFL, or any other labor organization, to bargain collectively
through representatives of their own choosing, and to engage in
other concerted activities for the purpose of collective bargaining
or other mutual aid or protection, or to refrain from any or all of
such activities, except to the extent that such right may be affected
by an agreement requiring membership in a labor organization as
a condition of employment, as authorized in Section 8 (a) (3)
of the Act.
I WILL OFFER to Heman Miller immediate and full reinstatement
to his former or substantially equivalent position, without the
discriminatory reduction in pay and without prejudice to his
seniority or other rights and privileges, and make him whole for
any loss of pay suffered as a result of the interference, restraint,
coercion, and discrimination against him.
ARTHUR J. WILTSE
d/b'/a THE ANN ARBOR PRESS,
Employer.
Dated ------------------------ By -------------------------
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.