Edward Purvis & Son, 34 (1961)

DECISION AND ORDER

On January 10, 1961, Trial Examiner Ramey Donovan issued his Intermediate Report in the above-entitled proceeding, finding that the Respondents had engaged in and were engaging in certain unfair labor practices and recommending that they cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the General Counsel filed an exception to the Intermediate Report and a brief in support thereof.

Pursuant to-Section 3(b) of the National Labor Relations Act, the Board has delegated its powers herein to a three-member panel [Members Rodgers, Leedom, and Fanning].

The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and brief, and the entire record in the case, and hereby adopts the Trial Examiner's findings, conclusions, and recommendations, with the correction as noted in the margin.' 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 Edward D. Purvis and Harry H. Purvis,

Co-partners, d/b/a Edward Purvis & Son, and Altho-Graphic Printing Ink Corp. and Albert Stone, 110 York Street, Brooklyn, New York, and their successors and assigns, shall:

1. Cease and desist from :

   (a) Discouraging membership in Printing Specialties and Paper Products Union Local 447, International Printing Pressmen and Assistants' Union of North America, AFL-CIO, by discharging any of their employees or in any other manner discriminating in regard to the hire or tenure of employment or any term or condition of employ1 Respondents filed no exceptions to the Intermediate Report . In the absence of exceptions we adopt the Trial Examiner's substantive findings pro forma. The Trial Examiner's recommended order required the Respondents to cease and desist from interfering with , restraining, or coercing their employees in the exercise of their Section 7 rights. This provision was omitted from the notice to be posted by the Respondents.

   The General Counsel excepted to such omission in the recommended notice. We find merit in the exceptions , and shall therefore amend the notice to conform with the Order.

   131 NLRB No. 8.

   EDWARD PURVIS & SON 35 ment, 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, as modified by the Labor-Management Reporting and Disclosure Act of 1959.

   (b) In any like or related manner interfering with, restraining, or coercing their employees in the exercise of the right to selforganization, to form labor organizations, to join or assist Printing Specialties and Paper Products Union Local 447, International Printing Pressmen and Assistants' Union of North America, AFL-CIO, 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 Act, or to refrain from any and all such activities.

2. Take the following affirmative action which the Board finds will effectuate the policies of the Act :

   (a) Reimburse and make whole Lucius Garner for any loss of earnings he may have suffered by reason of the discrimination against him in the manner set forth in the section of the Intermediate Report 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 and reports necessary to analyze the amount of backpay due under the terms of this Order.

   (c) Post at their plant in Brooklyn, New York, copies of the notice attached hereto marked 'Appendix.' 2 Copies of said notice, to be furnished by the Regional Director for the Second Region, shall, after being duly signed by authorized representatives of Respondents, be posted by Respondents immediately upon receipt thereof, and be maintained by them for a period of 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted.

   (d) Notify the Regional Director for the Second Region, in writing, within 10 days from the date of this Order, what steps it has taken to comply herewith.

   'In 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 discourage membership in Printing Specialties and Paper Products Union Local 447, International Printing Pressmen and Assistants' Union of North America, AFL-CIO, by discharging any of our employees or in any other manner discriminating in regard to the hire or tenure of employment or any term or condition of employment, 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, as modified by the LaborManagement Reporting and Disclosure Act of 1959.

   WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of the right to selforganization, to form labor organizations, to join or assist Printing Specialties and Paper Products Union Local 447, International Printing Pressmen and Assistants' Union of North America, AFL-CIO, 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 Act, or to refrain from any and all such activities.

   WE WILL make whole Lucius Garner for any loss of earnings he may have suffered by reason of the discrimination against him.

   EDWARD D. PURVIS AND HARRY H. PIIRVIS,

   CO-PARTNERS, D/B/A EDWARD PIIRVIS & SON,

   Employer.

   Dated---------------- By------------------------------------(Representative ) ( Title) ALTHO-GRAPHIC PRINTING INK CORP.

   AND,ALBERT STONE,

   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.

   INTERMEDIATE REPORT

   STATEMENT OF THE CASE

   Upon charges and amended charges , the General Counsel issued a complaint against Edward D . Purvis and Harry H. Purvis, Co-partners , d/b/a Edward Purvis & Son,' and their agents, Altho-Graphic Printing Ink Corp. and Albert Stone, herein called Altho and Stone, respectively. The hearing was held in New York, New York, on September 19, 1960, before the duly designated Trial Examiner.

   The complaint alleged that Purvis and its agents, Altho and Stone , on July 20, 1960, discharged Lucius Garner because he joined Local 447 and engaged in other protected activities and has refused to reinstate Garner.

   1 Herein called Purvis.

   EDWARD PURVIS & SON 37

   Upon the entire, record in the case , and from his observation of the witnesses, the Trial Examiner makes the following:

   FINDINGS OF FACT

1. THE BUSINESS ENTITIES INVOLVED ,

   Purvis is a copartnership that maintains its principal office and place of business at 110 York Street, Brooklyn, New York, where it has a machine shop as well as ink-making production equipment. Purvis manufactures and sells machinery of various types as well as printing ink. In a representative year Purvis manufactured and sold products valued in excess of $50,000, of which products valued in excess of $50,000 were shipped from said place of business directly to States other than New York.

   Altho is a corporation that maintains its office and place of business on the fourth floor of 110 York Street, Brooklyn, New York, premises owned and otherwise occupied by Purvis' machine shop operation.2 The ink that is manufactured on the fourth floor is shipped under the name of Altho and is sold by that corporation to various customers.

   Stone is the president and treasurer of Altho. The secretary of the corporation is Stone's wife and his father is a director. The foregoing group owns all the stock of the corporation and so far as appears there are no other officers or directors.

   The corporation was formed and commenced operations at 110 York Street in October 1959.3 From October 1959 to the date of the hearing Altho purchased approximately $7,000 worth of ink from Purvis and about 10 percent of this ink was shipped to points outside New York State.

   Additional aspects of the relationship between Stone and Altho on the one hand and Purvis on the other are discussed hereinafter.

   U. THE LABOR ORGANIZATION Printing Specialties and Paper Products Union Local 447, International Printing Pressmen and Assistants' Union of North America, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act.

   3. THE ALLEGED UNFAIR LABOR PRACTICES Lucius Garner first went to work at 110 York Street in the fall of 1957. He worked for Schieffer-Eldridge Printing Ink Corporation on the fourth floor of the building as a printing ink mixer . The aforementioned corporation went out of business about July 1, 1959. In the latter part of July 1959, Harry Purvis got in touch with Garner and asked him to come to work for Purvis. Garner commenced working for Purvis on July 27, 1959, and performed the same type of work for Purvis as he had done for...