The Hurley Co., Inc.

National Labor Relations Board - Board Decisions

Mar 26, 1962

136 N.L.R.B. 551 (N.L.R.B. 1962)

THE HURLEY COMPANY, INC., & HURLEY PRESS, INC. 551
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.
CONCLUSIONS OF LAW
1. Respondent is engaged in commerce within Section 2(6) and (7) of the Act.
2. The Union is a labor organization within Section 2(5) of the Act.
3. All of Respondent's warehouse employees , excluding office clerical and buying
department employees , guards, and supervisors as defined in the Act, constitute a
unit appropriate for the purpose of collective bargaining within Section 9(b) of
the Act.
4. At all times since September 8, 1960, the Union has been and it continues to
be the exclusive bargaining representative of all employees in the above -described
unit for the purposes of collective bargaining within Section 9(a) of the Act.
5. By announcing or taking unilateral action with respect to wages in March,
August, and September 1961, and by taking unilateral action with respect to its
hospitalization and surgical benefits insurance program in September 1961 , Respond-
ent violated Section 8(a) (5) and (1) of the Act.
6. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
The Hurley Company, Inc., and Hurley Press, Inc. and Inter-
national Brotherhood of Pulp , Sulphite and Paper Mill Work-
ers, AFL-CIO. Case No. 26-CA-11.2. March 26, 1962
DECISION AND ORDER
Upon charges filed by International Brotherhood of Pulp, Sulphite
and Paper Mill Workers, AFL-CIO,1 the General Counsel of the
National Labor Relations Board, by the Regional Director for the
Twenty-sixth Region, issued a complaint dated November 3, 1961,
against The Hurley Company, Inc., and Hurley Press, Inc.,2 alleging
that the Respondents had engaged in and were engaging in unfair
labor practices affecting commerce within the meaning of Section
8(a) (5) and (1) and Section 2(6) and (7) of the Act, as amended.
Copies of the charges, complaint, and notice of hearing were duly
served upon the Respondents.
With respect to the unfair labor practices, the complaint alleges,
in substance, that, commencing on or about September 13, 1961, and
at all times thereafter, the Respondents have refused to bargain col-
lectively with the Union as the exclusive collective-bargaining repre-
sentative of a unit of employees at both Respondents' plants.
On December 27, 1961, all parties to this proceeding entered into a
stipulation, in which they waived a hearing before a Trial Examiner
and the issuance of an Intermediate Report and Recommended Order,
'Herein referred to as the Union.
2 Herein referred to as the Company and the Press , respectively , and as the Respondents
collectively . For the reasons set forth below, we find that the Respondents constitute a
single employer for the purposes of the Act.
136 NLRB No. 52.
552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and agreed to submit the case directly to the Board for findings of
fact, conclusions of law, and an order.
By order of the Board dated January 2, 1962, the parties' stipula-
tion was approved and maed part of the record herein, and this pro-
ceeding was transferred to the Board. Thereafter, the General Coun-
sel, the Union, and the Respondents filed briefs.
Upon the basis of the stipulation, the briefs, and the entire record
in the case, the Board I makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
Each of the Respondents is, and at all times material herein has
been, a corporation engaged in the printing business in Camden,
Arkansas. During the 12-month period immediately preceding the
execution of the stipulation herein, each of the Respondents, in the
course and conduct of its business, sold and shipped, directly to pur-
chasers located outside the State of Arkansas, finished products
valued in excess of $50,000. The parties stipulated, and we find, that
each of the Respondents is engaged in commerce within the meaning
of Section 2(6) and (7) of the Act. Accordingly, we find that the
Respondents, singly and jointly, are engaged in commerce within the
meaning of the Act, and that it will effectuate the policies of the Act
to assert jurisdiction in this case.
H. THE LABOR ORGANIZATION INVOLVED
The Union is a labor organization as defined in Section 2(5) of the
Act.
III. TI-IE UNFAIR LABOR PRACTICES
The Union, which won a Board-conducted election on March 9,
1961, was certified on August 10 as the exclusive collective-bargaining
representative of the employees of the Company in the following
unit :
All compositors, linotype operators, lockup men, letterpress press-
men, their assistants and apprentices, offset preliminary workers,
including artists, pasteup, strippers, copy checkers, cameramen,
platemakers, and preparers of copy, offset pressmen, their assist-
ants and apprentices, bindery workers, janitors, and plant clerical
employees, excluding office clerical employees, watchmen, guards,
temporary employees, and supervisors as defined in the Act.'
3 Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its
powers in connection with this case to a three -member panel [ Chairman McCulloch and
Members Leedom and Brown].
'Case No 26-RC-1392 ( previously Case No 15-RC-2095 ). In that proceeding, the
Union filed its petition on October 26, 1959. On November 20, the Union and the Company
consented to an election in the above unit , and an election was held on December 3, 1959.
On May 13, 1960 , the Board issued a Decision and Order finding the stipulated unit to be
THE HURLEY COMPANY, INC., & HURLEY PRESS, INC. 553
Prior to the election on October 27, 1960, the Press had been in-
corporated as a wholly owned subsidiary of the Company with the
same officers as the Company. Thereafter, until July 1, 1961, the
Press was engaged in constructing and equipping a plant in the same
city. During this period, the Press purchased from the Company a
web press, a labeling machine, and an inserter and stripper, all of
which had formerly been operated by the Company's employees.
On or about July 1, 1961, the Press purchased all of the Company's
unexpired contracts and commenced operations as a producer of web-
press printed pieces. The Company discontinued its web-press opera-
tion and thereafter limited its production to sheet-fed cylinder press-
work. During the 3-month period following the commencement of
operations by the Press, it hired 32 employees in the following classi-
fications : web pressmen, web press trainees, inserter operators, ship-
ping clerks, labeling machine operators, mailers, strippers, plate-
makers, material handlers, and packers. Of these 32 employees, 14
had previously been employed at the Company, and were hired by
the Press after they were terminated by the Company. Thereafter,
production by the Press, as compared with the Company's former web-
press operation, was greatly expanded.
On or about September 13, 1961, and since that date, according to
the stipulation, the Union has requested, and is requesting, the Re-
spondents to bargain collectively with it as the exclusive collective-
bargaining representative of the employees of both Respondents.
The stipulation further states : "Respondents have bargained with the
Union with regard to the employees" of the Company and "on Oc-
tober 12, 1961, entered into a contract with the Union covering such
employees. Respondents have refused to bargain with the Union
with regard to the employees presently employed" at the Press.
The General Counsel contends that the Respondents constitute a
single employer for the purposes of collective bargaining, that the
appropriate unit includes employees of both Respondents, and that
the refusal of the Respondents to bargain with the Union for all the
employees in such unit was violative of Section 8 (a) (5) and (1) of
the Act. The Respondents argue that the Press was a new oper-
ation, that it constitutes an appropriate separate unit which was not
covered by the Union's certification, and that the Union is not the
majority representative of this unit. Accordingly, they urge dismissal
of the complaint.
As pointed out above, the Press was incorporated as a wholly
owned subsidiary of the Company, with the same officers; it purchased
the Company's unexpired web-printing contracts and commenced
appropriate , and directing a hearing on some of the Union 's objections . On February 15,
1961, the Board set aside the election, and ordered a second one , which resulted in the
certification herein ( 130 NLRB 282).
554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
producing web-fed printed pieces simultaneously with the Company's
discontinuance of such production; and it operates with some of the
Company's former equipment and employees. Currently, the Press
and the Company are both engaged in printing operations at plants
located in the same city.
We find, on the entire record, that the Company and the press con-
stitute a single employer for unit purposes 5 We find, further, that
the press is not a new and separate operation, as the Respondents con-
tend, but rather that it is a former operation of the Company trans-
ferred to a new location. Accordingly, we conclude the Respondents'
refusal to bargain with the Union for all the employees in the appro-
priate unit constituted a violation of Section 8(a) (5) and (1) of the
Act .6
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondents set forth in section III, above,
occurring in connection with their operations described in section I,
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 within the meaning of Section 8(a) (5) and (1), we shall
order them to cease and desist therefrom, and to take certain affirma-
tive action to effectuate the policies of the Act.
As we have found that the Respondents constitute a single em-
ployer for unit purposes, we shall order the Respondents, upon
request, to bargain with the Union as the exclusive representative of
all their employees in the appropriate unit, including the web press-
men, web press trainees, inserter operators, shipping clerks, labeling
machine operators, mailers, strippers, platemakers, material han-
dlers, and packers' at Respondent Hurley Press, Inc., and to embody
any understanding reached in a signed agreement.
5 International Powder Metallurgy Company, Inc ., 134 NLRB 1605, footnote 4, Royal
Oak Tool & Machine Company, 132 NLRB 1361, footnote 3
6 The Union raises , in its brief , the contention that the Company' s sale of equipment and
contracts to the Press constituted additional violations of Section 8(a) (5) and ( 1), citing
Jack Lewis and Joe Levitan d/b/a California Footwear Company, 114 NLRB 765, appar-
ently on the theory that the Respondents effectuated these sales after refusing to discuss
the matter with the Union . However, this was not alleged in the charge or complaint,
and there is no evidence in the record to support it.
7 Although some of these classifications were not specifically listed in the unit for which
the Union was certified , it appears that they are essentially similar to those which were
included , and that some of the employees in these classifications are performing tasks
identical to those they previously performed for the Company under different classifica-
tions. Accordingly , we shall include these classifications at the Press in the unit which
was stipulated to by the Company and the Union and found appropriate by the Board.
THE HURLEY COMPANY, INC., & HURLEY PRESS, INC. 555
CONCLUSIONS OF LAW
1. International Brotherhood of Pulp, Sulphite and Paper Mill
Workers, AFL-CIO, is a labor organization within the meaning of
Section 2(5) of the Act.
2. The following employees employed at the Respondents' Camden,
Arkansas, plants, constitute a unit appropriate for purposes of col-
lective bargaining within the meaning of Section 9(b) of the Act:
All compositors, linotype operators, lockup men, letterpress pressmen,
their assistants and apprentices, offset preliminary workers, including
artists, pasteup, strippers, copy checkers, cameramen, platemakers,
and preparers of copy, offset pressmen, their assistants and appren-
tices, web pressmen, web press trainees, inserter operators, shipping
clerks, labeling machine operators, mailers, strippers, platemakers,
material handlers, packers, bindery workers, janitors, and plant cleri-
cal employees, excluding office clerical employees, watchmen, guards,
temporary employees, and supervisors as defined in the Act.
3. The above-named labor organization was on September 13, 1961,
and at all times thereafter, the exclusive representative of all em-
ployees in the aforesaid appropriate unit for the purposes of collective
bargaining within the meaning of Section 9 (a) of the Act.
4. By failing and refusing, at all times since September 13, 1961, to
bargain collectively with the above-named labor organization as the
exclusive representative of their employees in the aforesaid appropri-
ate unit, the Respondents have engaged in and are engaging in unfair
labor practices within the meaning of Section 8(a) (5) and (1) 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(c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the Respondents, The Hurley Company,
Inc., and Hurley Press, Inc., Camden, Arkansas, their officers, agents,
successors, and assigns, shall :
1. Cease and desist from :
(a) Refusing to bargain collectively with International Brother-
hood of Pulp, Sulphite and Paper Mill Workers, AFL-CIO, as the
exclusive representative of all the employees in their Camden plants
in the following appropriate unit : All compositors, linotype operators,
lockup men, letterpress pressmen, their assistants and apprentices,
offset preliminary workers, including artists, pasteup, strippers, copy
checkers, cameramen, platemakers, and preparers of copy, offset press-
men, their assistants and apprentices, web pressmen, web press train-
556 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
ees, inserter operators, shipping clerks, labeling machine operators,
mailers, strippers, platemakers, material handlers, packers, bindery
workers, janitors, and plant clerical employees, excluding office clerical
employees, watchmen, guards, temporary employees, and supervisors
as defined in the Act.
(b) In any like or related manner interfering with the efforts of
International Brotherhood of Pulp, Sulphite and Paper Mill Work-
ers, AFL-CIO, to bargain on behalf of such employees.
2. Take the following affirmative action which the Board finds will
effectuate the purposes of the Act :
(a) Bargain collectively, upon request, with the above-named labor
organization as the exclusive representative of all employees in the
appropriate unit with respect to rates of pay, wages, hours, and other
terms and conditions of employment, and, if an understanding is
reached, embody such understanding in a signed agreement.
(b) Post at their plants in Camden, Arkansas, copies of the notice
attached hereto marked "Appendix." 8 Copies of of said notice, to
be furnished by the Regional Director for the Twenty-sixth Region,
shall, after being signed by a duly authorized representative of the
Respondents, be posted by the Respondents immediately upon receipt
thereof, and maintained by them for a period of 60 consecutive days
thereafter, in conspicuous places, including all places where notices
to employees are customarily posted. Reasonable steps shall be taken
by the Respondents to insure that said notices are not altered, defaced,
or covered by any other material.
(c) Notify the Regional Director for the Twenty-sixth Region,
in writing, within 10 days from the date of this Order, what steps the
Respondents have taken to comply herewith.
8In 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 EMPLOYEES
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 notify our employees that :
WE WILL NOT refuse to bargain collectively with International
Brotherhood of Pulp, Sulphite and Paper Mill Workers, AFL-
CIO, as the exclusive representative of all the employees in the
bargaining unit described below.
WE WILL, upon request, bargain collectively with International
Brotherhood of Pulp, Sulphite and Paper Mill Workers, AFL-
CIO, as the exclusive representative of all the employees in the
FETZER TELEVISION, INC. 557
bargaining unit described below with respect to rates of pay,
wages, hours , and other conditions of employment , and, if an un-
derstanding is reached , embody such an understanding in a signed
agreement.
WE WILL NOT in any like or related manner interfere with
the efforts of International Brotherhood of Pulp, Sulphite and
Paper Mill Workers , AFL-CIO, to bargain on behalf of such
employees.
The appropriate unit consists of the following employees at
our Camden plants :
All compositors , linotype operators , lockup men , letterpress
pressmen, their assistants and apprentices , offset preliminary
workers, including artists, pasteup , strippers , copy checkers,
cameramen, platemakers , and preparers of copy, offset press-
men, their assistants and apprentices , web pressmen, web
press trainees, inserter operators , shipping clerks, labeling
machine operators , mailers, strippers , platemakers, material
handlers , packers, bindery workers, janitors and plant cleri-
cal employees , excluding office clerical employees , watchmen,
guards, temporary employees , and supervisors as defined in
the Act.
THE HURLEY COMPANY, INC., AND
HURLEY PRESS, INC.
Employer.
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, 714 Falls Building, 22 North Front Street, Memphis, Tennessee,
Telephone Number, Jackson 7-5451, if they have any question concern-
ing this notice or compliance with its provisions.
Fetzer Television , Inc. and National Association of Broadcast
Employees and Technicians , AFL-CIO. Case No. 7-CA-3189.
March 26, 1962
DECISION AND ORDER
On December 28,1961, Trial Examiner Lee J. Best issued his Inter-
mediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
!136 NLRB No. 51.