Westport Printing

National Labor Relations Board - Board Decisions

Jun 17, 1976

224 N.L.R.B. 1138 (N.L.R.B. 1976)

1138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Palo Printing Inc d/b/a Westport Printing and
Pressmen's Local No 16, affiliated with Interna-
tional Printing and Graphic Communications
Union, AFL-CIO Case 17-CA-6918
June 17, 1976
DECISION AND ORDER
By MEMBERS FANNING, PENELLO, AND WALTHER
Upon a charge filed on January 8, 1976, by
Pressmen's Local No 16, affiliated with Internation-
al Printing and Graphic Communications Union,
AFL-CIO, herein called the Union, and duly served
on Palo Printing Inc d/b/a Westport Printing, here-
in called the Respondent, the General Counsel of the
National Labor Relations Board, by the Regional
Director for Region 17, issued a complaint and no-
tice of hearing on February 19, 1976, against Re-
spondent, alleging that Respondent had engaged in
and was engaging in unfair labor practices affecting
commerce within the meaning of Section 8(a)(3) and
(1) and Section 2(6) and (7) of the National Labor
Relations Act, as amended Copies of the charge,
complaint, and notice of hearing before an Adminis-
trative Law Judge were duly served on the parties to
this proceeding
With respect to the unfair labor practices, the com-
plaint alleges in substance (1) that on or about No-
vember 1 and 7, 1975, Respondent interrogated an
employee and threatened to postpone and withdraw
raises because of union and other protected concert-
ed activities of its employees and stated to an em-
ployee that it would lose its customers and be forced
to go out of business if the employees selected the
Union as their exclusive bargaining representative,
and (2) that on or about November 21, 1975, Re-
spondent discharged employee Russell Hylton, and
since then has failed and refused, and continues to
fail and refuse, to reinstate him to his former position
of employment because of his union and other pro-
tected concerted activities Respondent failed to file
an answer
On March 18, 1976, counsel for the General Coun-
sel filed directly with the Board a Motion for Sum-
mary Judgment Subsequently, on March 26, 1976,
the Board issued an order transferring the proceed-
ing to the Board and a Notice To Show Cause why
the General Counsel's Motion for Summary Judg-
ment should not be granted Respondent did not file
a response to the Notice To Show Cause so that the
allegations of the Motion for Summary Judgment
stand uncontroverted
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
Upon the entire record in this proceeding, the
Board makes the following
Ruling on the Motion for Summary Judgment
Section 102 20 of the Board's Rules and Regula-
tions provides
The respondent shall, within 10 days from the
service of the complaint, file an answer thereto
The respondent shall specifically admit, deny, or
explain each of the facts alleged in the com-
plaint, unless the respondent is without knowl-
edge, in which case the respondent shall so state,
such statement operating as a denial All allega-
tions in the complaint, if no answer is filed, or
any allegation in the complaint not specifically
denied or explained in an answer filed, unless
the respondent shall state in the answer that he
is without knowledge, shall be deemed to be ad-
mitted to be true and shall be so found by the
Board, unless good cause to the contrary is
shown
The complaint and notice of hearing served on Re-
spondent specifically stated that unless an answer to
the complaint was filed within 10 days of service
thereof "all of the allegations in the complaint shall
be deemed to be admitted to be true and may be so
found by the Board " Further, according to the un-
controverted allegations of the Motion for Summary
Judgment, the Respondent, by its counsel, Darwin
Johnson, in a telephone conversation with counsel
for the General Counsel on March 5, 1976, stated
that the Respondent was not going to file an answer
to the complaint and that the Respondent had no
objection to the Board entering its Order upon said
complaint
In view of Respondent's failure to answer, under
the rule set forth above, no good cause having been
shown for such failure, the allegations of the com-
plaint are deemed admitted and are found to be true
Accordingly, we shall grant the Motion for Summary
Judgment
On the basis of the entire record, the Board makes
the following
FINDINGS OF FACT
I THE BUSINESS OF THE RESPONDENT
The Respondent, a corporation, is engaged in the
general printing and bindery business at its Kansas
224 NLRB No 166
WESTPORT PRINTING 1139
City, Missouri, facility, the only facility involved
herein In the course and conduct of its business op-
erations during the past 12 months, a representative
period, the Respondent sold goods and services val-
ued in excess of $50,000 to customers located in the
State of Missouri who, in turn, made direct sales val-
ued in excess of $50,000 to customers located outside
the State of Missouri
We find, on the basis of the foregoing, that Re-
spondent is, and has been at all times material here-
in, an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act, and that
it will effectuate the policies of the Act to assert juris-
diction herein
II THE LABOR ORGANIZATION INVOLVED
tions of employment of its employee, thereby dis-
couraging membership in a labor organization and
that, by such conduct, the Respondent engaged in
and is engaging in unfair labor practices within the
meaning of Section 8(a)(3) and (1) of the Act
IV THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON
COMMERCE
The activities of Respondent, set forth in section
III, above, occurring in connection with its opera-
tions described in section I, above, have a close, inti-
mate, and substantial relationship 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
Pressmen's Local No 16, affiliated with Interna-
tional Printing and Graphic Communications Union,
AFL-CIO, is a labor organization within the mean-
ing of Section 2(5) of the Act
III THE UNFAIR LABOR PRACTICES
A The Independent 8(a)(1) Violations
On or about November 1 and 7, 1975, Respondent
interrogated an employee concerning his union and
other protected activities, threatened employees with
postponement and withdrawal of raises because of
their union and other protected concerted activities,
and told an employee that Respondent would lose
customers and be forced to go out of business if the
employees selected the Union as their exclusive bar-
gaining representative
Accordingly, we find that by the aforesaid conduct
Respondent has interfered with, restrained, and
coerced its employees in the exercise of the rights
guaranteed them under Section 7 of the Act, and by
such conduct Respondent has engaged in unfair la-
bor practices within the meaning of Section 8(a)(1) of
the Act
B The 8(a)(3) and (1) Violations
On or about November 21, 1975, Respondent dis-
charged employee Russell Hylton, and since then has
failed and refused, and continues to fail and refuse,
to reinstate him to his former position of employ-
ment because of his union and other protected con-
certed activities
Accordingly, we find that by its aforesaid dis-
charge of employee Russell Hylton, and by its failure
and refusal to reinstate said employee, the Respon-
dent discriminated in regard to the terms and condi-
V THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(a)(3) and (1) of the Act, we shall
order that it cease and desist therefrom, and that it
take certain affirmative action as set forth below de-
signed to effectuate the purposes and policies of the
Act
Having found that Respondent violated Section
8(a)(3) and (1) of the Act by discharging and refusing
to reinstate Russell Hylton, we shall order Respon-
dent to offer him immediate and full reinstatement to
his former position or, if that position no longer ex-
ists, to a substantially equivalent position, without
prejudice to any seniority or other rights and privi-
leges enjoyed and to make him whole for any loss of
earnings he may have suffered as a result of his ter-
mination by paying to him a sum of money equal to
that which he normally would have earned as wages
from the date of his termination until the date of
Respondent's offer of reinstatement, less his net
earnings during such period with backpay and inter-
est thereon to be computed in the manner prescribed
in F W Woolworth Company, 90 NLRB 289 (1950),
and Isis Plumbing & Heating Co, 138 NLRB 716
(1962)
The Board, upon the basis of the foregoing facts
and the entire record, makes the following
Conclusions of Law
1 Pajo Printing Inc d/b/a Westport Printing is
an employer engaged in commerce within the mean-
ing of Section 2(6) and (7) of the Act
2 Pressmen's Local No 16, affiliated with Inter-
national Printing and Graphic Communications
1140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Union, AFL-CIO, is a labor organization within the
meaning of Section 2(5) of the Act
3 By the acts described in section III, A, above,
Respondent has interfered with, restrained, and
coerced, and is interfering with, restraining, and
coercing, employees in the exercise of the rights guar-
anteed in Section 7 of the Act and has thereby en-
gaged in, and is thereby engaging in, unfair labor
practices within the meaning of Section 8(a)(1) of the
Act
4 By the acts described in section III, B, above,
Respondent has discriminated, and is discriminating,
in regard to hire or tenure of employment or any
term or condition of employment to encourage or
discourage membership in any labor organization
and has thereby engaged in, and is thereby engaging
in, unfair labor practices within the meaning of Sec-
tion 8(a)(3) and (1) of the Act
5 The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing of Section 2(6) and (7) of the Act
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended , the National Labor Re-
lations Board hereby orders that the Respondent,
Palo Printing Inc d/b/a Westport Printing , Kansas
City, Missouri , its officers, agents , successors , and as-
signs, shall
1 Cease and desist from
(a) Interrogating employees because of their union
and other protected concerted activities
(b) Threatening employees with postponement
and withdrawal of raises because of their union and
other protected concerted activities
(c) Stating to employees that it would lose its cus-
tomers and be forced to go out of business if the
employees selected the Union as their exclusive bar-
gaining representative
(d) Discharging and refusing to reinstate employ-
ees because of union and other protected concerted
activities
(e) Discouraging membership in Pressmen 's Local
No 16, affiliated with International Printing and
Graphic Communications Union, AFL-CIO, or any
other labor organization , by discriminatorily dis-
charging employees and failing or refusing to rein-
state them , or by otherwise discriminating in regard
to hire to tenure of employment or any term or con-
dition of their employment
(f) In any other manner interfering with, restrain-
ing, or coercing employees in the exercise of the
rights guaranteed them in Section 7 of the Act
2 Take the following affirmative action which is
necessary to effectuate the policies of the Act
(a) Offer to Russell Hylton immediate and full re-
instatement to his former position or, if that position
no longer exists, to a substantially equivalent posi-
tion, without prejudice to any seniority or other
rights and privileges previously enjoyed, and make
him whole for any loss of pay suffered as a result of
his discharge by Respondent in the manner set forth
above under the section entitled "The Remedy "
(b) Preserve and, upon request, make available to
the Board or its agents, for examination and copying,
all payroll records, social security payment records,
timecards, personnel records and reports, and all
other records necessary to analyze the amount of
backpay due under the terms of this Order
(c) Post at its Kansas City, Missouri, facility cop-
ies of the attached notice marked "Appendix " I Cop-
ies of said notice, on forms provided by the Regional
Director for Region 17, after being duly signed by
Respondent's representative, shall be posted by Re-
spondent immediately upon receipt thereof, and be
maintained by it for 60 consecutive days thereafter,
in conspicuous places, including all places where no-
tices to employees are customarily posted Reason-
able steps shall be taken by Respondent to insure
that said notices are not altered, defaced, or covered
by any other material
(d) Notify the Regional Director for Region 17, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith
1 In the event that this Order is enforced by a Judgment of a United
States Court of Appeals the words in the notice reading Posted by Order
of the National Labor Relations Board shall read Posted Pursuant to a
Judgment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT interrogate employees because
of their union and other protected concerted ac-
tivities
WE WILL NOT threaten employees with post-
ponement and withdrawal of raises because of
their union and other protected concerted activi-
ties
WE WILL NOT state to employees that we will
lose our customers and be forced to go out of
business if the employees select the Union as
their exclusive bargaining representative
WESTPORT PRINTING 1141
WE WILL NOT discharge and refuse to reinstate
employees because of union and other protected
concerted activities
WE WILL NOT discourage membership in
Pressmen's Local No 16, affiliated with Interna-
tional Printing and Graphic Communications
Union, AFL-CIO, or any other labor organiza-
tion, by discriminatorily discharging employees
and failing or refusing to reinstate them, or by
otherwise discriminating in regard to hire or ten-
ure of employment or any term or condition of
their employment
WE WILL NOT in any other manner interfere
with, restrain, or coerce employees in the exer-
cise of the rights guaranteed them in Section 7 of
the Act
WE WILL offer to Russell Hylton immediate
and full reinstatement to his former position or,
if that position no longer exists, to a substantial-
ly equivalent position, without prejudice to any
seniority or other rights and privileges previous-
ly enjoyed, and WE WILL make him whole for any
loss of pay suffered as a result of his discharge
with interest at 6 percent per annum
PAJO PRINTING INC d/b/a WESTPORT PRINT
ING