Rapid bindery london




















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The company had already been spending aggressively on grocery delivery with its local Yandex. Lavka brand and the launch of Yango Deli in France and Israel. Skip Navigation. Markets Pre-Markets U. Die cut CD holder. Rubber band powered dimensional self-pop up promo. Close-Up of Loop Stitch. Wire-O bound book with simple CD holding button. Dimensional media mailer with zipper perf. Wire-O bound book with special die cut index tabs. Saddle stitched booklet with foldouts. Booklet with perfed mailer with remoist glue.

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Saddle Stitched Project. Saddle Stitched CD Booklet. Remoistenable Glue Sample. Wire-O Tabbed Booklet. Trash Receptacle Hanger. Room Key Holder. Mini Folded piece. Iron Cross folded piece. Dimensional Box. Die Cut Glued Folded Piece. Die cut round piece. There was no post office problem and a large labor force was available. In Dunkirk where negotiations by the newly certified union for a collective bargaining agreement were in progress the immediate effect on the employees of Rapid was to reduce the work week.

All that Rapid continued to do there was a single bindery job for Buffalo. No mention of the move was made to the union representative during these negotiations, though the examiner found that subsequent to the move certain of the supervisory personnel again intimated to some employees that the move was a punishment for union activity. Thereafter, on December 23, , a collective bargaining agreement, to be effective until January , was signed by Rapid and Union. Rapid's plant was finally fully closed on March 1, when Buffalo withdrew from Rapid all of its remaining bindery work.

Buffalo was forced to do this because Buffalo's Canadian customer for whom the work was being done had a clause in its union contract that required such work to be done by the Mailer's Union, a different International Union than the one certified at Rapid.

The first was in December when a part of the machinery was moved from Rapid at Dunkirk to Frontier at Tonawanda. The second was when Rapid's Dunkirk operation was totally abandoned. Rapid sought to justify these moves on the ground of sound economic need. In our view the record supports the employer's contentions. The Board's position appears to be that a move by management when that move is required for sound business reasons is nevertheless an unfair labor practice if the move is accelerated or reinforced by contemporaneous employer differences with a union.

This position is not supported by the language of the Act or by the decisional law interpreting that language. The subsection reads:. This language has been interpreted to mean that a change or discontinuance of the employer's business operations in order to avoid obligations imposed upon it by the National Labor Relations Act is a violation of the subsection.

Brown-Dunkin Co. Brown Co. For example, in N. However, there the second corporation was an exact replica of the superseded entity. Lassing, 6 Cir. Mahon Co. Houston Chronicle Pub. In Lassing an employer had been toying with the idea of terminating its own transportation of the gas it produced in favor of utilizing a common carrier for this purpose, and had determined that any further increase in costs would dictate such a move.

A union demand for recognition of three of its drivers foreshadowed just such an increase. There plant guards were discharged for reasons of economy and the employer hired an independent contractor to supply it with plant protection. The case of N. As here, the corporation produced testimony to show that the change was required by economic necessity; but in the case before us that testimony was not challenged. There it was. Nevertheless, on review the Court of Appeals held that the Board's finding that the employer's act had been illegally motivated was not supported by substantial evidence, and that the real motivation was the one of economic necessity.

It is our view that the record before us does not support the inference drawn from it by the Board that Rapid's move was motivated by the desire to avoid its obligations to Union. All of the evidence points to motivation for sound business reasons. Though there may have been animosity between Union and Rapid, animosity furnishes no basis for the inference that this was the preponderant motive for the move when convincing evidence was received demonstrating business necessity.

The decided cases do not condemn an employer who considers his relationship with his plant's union as only one part of the broad economic picture he must survey when he is faced with determining the desirability of making changes in his operations. A word is perhaps necessary with respect to the questions presented by the final abandonment of Rapid's Dunkirk operations. Though the December movement of machinery to Frontier appears clearly justifiable for valid economic reasons, the Board claims that the final abandonment at Dunkirk resulted from the pressure brought to bear on Rapid by the Canadian customer and that submission to this pressure was illegal and violated the Act.

The Board argues that this caused Rapid to discriminate against Union in favor of the Mailer's Union. It relies on N. Hudson Motor Car Co. However, Hudson is not in point. In that case there were two unions in the employer's plant. Each represented certain employees. Because of threats and pressure brought upon Hudson by a favored union, it was discriminating against the other.

This is an entirely different situation from the one before us. Rapid's continued life depended on business which it could no longer do unless it acceded to a legitimate demand made by a customer who conditioned its contract upon Rapid's compliance.

Inability to comply with the demand of the Canadian customer put Rapid out of business. This situation was not within the control of Rapid whose employees were not members of the Mailer's Union, or of Buffalo, some of whose employees were.

Union had been certified prior to the movement of machinery to Frontier. Rapid and Union had two bargaining meetings prior to the move. A collective bargaining agreement was discussed and proposals were submitted for consideration by both sides.

At no time was Union formally apprised of the prospective move. Katz, 2 Cir. We there held that this statutory duty insures, first, that the employer shall commence a bargaining with respect to rates of pay and hours and conditions of employment, and, second, that once the bargaining has commenced the employer shall make a good faith effort to reach agreement.

But there is no statutory requirement that agreement be reached. In the present case the second stage of the employer's duty was not involved, for the move was never submitted as a subject for bargaining. Only the first stage is involved. Was the failure to submit the move as a subject for bargaining a refusal to bargain with respect to rates of pay, hours and conditions of employment?

The decision to move was not a required subject of collective bargaining, as it was clearly within the realm of managerial discretion. Nothing affects conditions of employment more than a curtailing of work, and such a curtailment is properly the subject of collective bargaining.



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