Race Brothers

National Labor Relations Board - Board Decisions

Apr 27, 1939

12 N.L.R.B. 538 (N.L.R.B. 1939)

In the Matter Of HERMAN RACE, Louis RACE, JACK RACE AND HELEN
RACE, INDIVIDUALLY AND AS CO-PARTNERS DOING BUSINESS UNDER THE
FIRM NAME AND STYLE OF RACE BROTHERS and UNITED PAPER WORK-
ERS OF AMERICA, C. I. O.
Case No. C-1242.--Decided April 27,1939
Collapsible Paper Box Manufacturing Industry-Settlement : stipulation pro-
viding for compliance with the Act-Order : entered on stipulation.
Mr. Samuel G. Zack, for the Board.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by United Paper Workers of America,
C. I. 0., herein called the United, the National Labor Relations
Board, herein called the Board, by the Regional Director for the
Fourth Region (Philadelphia, Pennsylvania), issued its complaint
dated March 28, 1939, against Herman Race, Louis Race, Jack Race
and Helen Race, individually and as co-partners doing business under
the firm name and style of Race Brothers, Philadelphia, Pennsyl-
vania, herein called the respondents, alleging that the respondents
had engaged in and were engaging in unfair labor practices affecting
commerce within the meaning of Section 8 (1) and (5) and Section
2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. A copy of the complaint and notice of hearing
thereon were duly served upon the respondents, individually and as
copartners, and upon the United.
Concerning the unfair labor practices, the complaint alleged, in
substance, that although a majority of the employees in an appro-
priate unit had designated the United as their representative for the
purpose of collective bargaining, the respondents had refused to bar-
gain collectively with the United, and that the respondents by the
afore-mentioned activities, and by other acts, interfered with, re-
strained, and coerced their employees in the exercise of the rights
guaranteed in Section 7 of the Act.
12 N. L. R. B., No. 64.
538
HERMAN RACE ET AL. 539
On March 28, 1939, the respondents, the United, and counsel for
the Board entered into a stipulation in settlement of the case. This
stipulation provides as follows :
It is hereby stipulated by and between Herman Race, Louis
Race, Jack Race and Helen Race, individually as co-partners
doing business under the firm name and style of Race Brothers,
• respondents herein; United Paper Workers of America, C. I. 0.,
a party herein; and the National Labor Relations Board, that:
1. Upon charges duly filed by the United Paper Workers of
America, C. I. 0., the National Labor Relations Board by the
Regional Director for the Fourth Region, acting pursuant to
authority granted in Section 10 (b) of the National Labor Rela-
tions Act (48 Stat. 449) 1 and its Rules and Regulations, Series 1,
Article 4, Section 1 issued its complaint on the 28th day of
March, 1939, against Herman Race, Louis Race, Jack Race and
Helen Race, individually and as co-partners doing business under
the firm name and style of Race Brothers, respondents herein.
2. Respondent is a partnership having its principle (sic) place
of business in Philadelphia, Pennsylvania, and is engaged in the
manufacture and sale of folding paper boxes. Approximately
80% of the raw materials used in the manufacture of its products
come from sources outside the state of Pennsylvania. Approxi-
mately 80% of the finished products are sold outside of the state
of Pennsylvania.
3. Respondents, Herman Race, Louis Race, Jack Race and
Helen Race, individually and as co-partners doing business under
the firm name and style of Race Brothers, are engaged in inter-
state commerce within the meaning of the National Labor Rela-
tions Act and decisions of the United States Supreme Court
thereunder.
4. The respondents in the course and conduct of their business
at their Philadelphia Plant employ approximately 17 employees
who are engaged in production and maintenance.
5. United Paper Workers of America, C. I. 0., is a labor organ-
ization affiliated with the Committee for Industrial Organiza-
tions admitting to its membership employees of the respondents.
6. A unit consisting of production and maintenance employees,
excluding supervisory and clerical employees, hereinafter called
the unit, would insure to the employees the full benefit of their
right to self-organization and would otherwise effectuate the poli-
cies of the Act, and is a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
'This is obviously an inadvertence since the correct citation is 49 Stat. 449.
540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
7. On or about January 13, 1939, and at all times thereafter,
a majority of the employees in the unit designated the union as
its representative for the purposes of collective bargaining with
respondents, and since on or about January 13, 1939, the union
has been the exclusive representative of all the employees in the
unit by virtue of Section 9 (a) of the Act for the purpose of
collective bargaining with respondents in respect to rates of pay,
wages, hours of employment and other conditions of employment.
8. Respondents, Herman Race, Louis Race, Jack Race and
Helen Race, individually and as co-partners doing business under
the firm name and style of Race Brothers, waive their right to
a hearing as set forth in Sections 10 (b) and 10 (c) of the National
Labor Relations Act.
9. This stipulation together with the charge, complaint, notice
of hearing and Rules and Regulations of the National Labor
Relations Board may be introduced as evidence by filing them
with the Chief Trial Examiner of the National Labor Relations
Board at Washington, D. C.
10. Upon this stipulation, if approved by the National Labor
Relations Board, an order may forthwith be entered by the said
Board and by the appropriate Circuit Court of Appeals, provid-
ing as follows :
1. Respondents, Herman Race, Louis Race, Jack Race and
Helen Race, individually and as co-partners doing business under
the firm name and style of Race Brothers, their agents, successors
and assigns, will cease and desist :
(a) from in any manner interfering with, restraining or coerc-
ing their employees in the exercise of their rights to self-organiza-
tion, to form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and to en-
gage in concerted activities for the purpose of collective bargain-
ing and other mutual aid or protection, as guaranteed in Section
7 of the Act;
(b) from refusing to bargain collectively with United Paper
Workers of America, C. I. 0., or its representatives as the ex-
clusive representative of all their production and maintenance
employees, excluding supervisory and clerical employees.
2. Respondents shall take the following affirmative action to
effectuate the policies of the National Labor Relations Act :
(a) Upon request, bargain collectively with the United Paper
Workers of America, C. I. 0., or its representatives, as the ex-
clusive representative of all their production and maintenance
employees, excluding supervisory and clerical employees;
HERMAN RACE ET AL. 541
(b) Post and keep visible in prominent places in each depart-
ment of respondents' said Philadelphia plant, for a period of
sixty (60) days after receipt, copies of the order entered by the
National Labor Relations Board and notice stating that the
respondents will cease and desist in the manner aforesaid, and
respondents will take the affirmative action as aforesaid;
(c) Inform all of its agents, including its superintendent, fore-
men, and other supervisory employees, that they shall not threaten
employees in any manner because of their membership in any
labor organization in general, or the United Paper Workers of
America, C. I. 0., in particular;
(d) Notify the Regional Director for the Fourth Region, in
writing, of compliance with the foregoing order within sixty
(60) days from the date of its entry by the Board.
11. It is stipulated and agreed that the appropriate U. S.
Circuit Court of Appeals may, upon application of the National
Labor Relations Board, enter a decree enforcing the aforesaid
order of the Board, respondents hereby expressly waiving their
rights to contest the entry of such decree in the appropriate
U. S. Circuit Court of Appeals, and, further, expressly waiving
their rights to receive notice of the filing by the National Labor
Relations Board for the application of such a decree.
12. It is further stipulated and agreed that this stipulation
is subject to the approval of the National Labor Relations
Board.
On April 3, 1939, the Board issued its order approving the above
stipulation, making it part of the record, and transferring the pro-
ceeding to the Board for the purpose of entry of a decision and order
by the Board.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
The respondents are copartners having their principal place of
business in Philadelphia, Pennsylvania, and are engaged in the manu-
facture and sale of folding paper boxes. Approximately 80 per cent
of the raw materials used in the manufacture of their products come
from sources outside the State of Pennsylvania. Approximately 80
per cent of their finished products are sold outside the State of
Pennsylvania. Approximately 17 production and maintenance work-
ers are employed by the respondents.
542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that Herman Race, Louis Race, Jack Race, and Helen
Race, individually and as copartners doing business under the firm
name and style of Race Brothers, Philadelphia, Pennsylvania, their
agents, successors, and assigns, will cease and desist :
(a) From in any manner interfering with, restraining, or coercing
their employees in the exercise of their rights to self-organization, to
form, join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities for the purpose of collective bargaining and other mutual
aid or protection, as guaranteed in Section 7 of the Act;
(b) From refusing to bargain collectively with United Paper Work-
ers of America, C. I. 0., or its representatives as the exclusive repre-
sentative of all their production and maintenance employees, exclud-
ing supervisory and clerical employees.
Respondents shall take the following affirmative action to effectuate
the policies of the National Labor Relations Act:
(a) Upon request, bargain collectively with the United Paper Work-
ers of America, C. I. 0., or its representative, as the exclusive repre-
sentative of all their production and maintenance employees, exclud-
ing supervisory and clerical employees ;
(b) Post and keep visible in prominent places in each department
of respondents' said Philadelphia plant, for a period of sixty (60)
days after receipt, copies of the Order entered by the National Labor
Relations Board, and notice stating that the respondents will cease
and desist in the manner aforesaid, and respondents will take the
affirmative action as aforesaid;
(c) Inform all of its agents, including its superintendent, fore-
men, and other supervisory employees, that they shall not threaten
employees in any manner because of their membership in any labor
organization in general, or the United Paper Workers of America,
C. I. 0., in particular;
(d) Notify the Regional Director for the Fourth Region, in writ-
ing, of compliance with the foregoing order within sixty (60) days
from the date of its entry by the Board.