Adler Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 19, 1941

29 N.L.R.B. 804 (N.L.R.B. 1941)

In the Matter of ADLER MANUFACTURING COMPANY and LOCAL UNION
No. 1910, UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF
AMERICA, AFFILIATED WITH A. F. OF L., LOUISVILLE, Ky.
Case No. C-1795.-Decided February 19, 1941
Jurisdiction : furniture manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. Philip G. Phillips and Mr. Alba B. Martin, for the Board.
Mr. Isidor Kahn, of Evansville, Ind., for the respondent.
Mr. William L. Fitts, of Louisville, Ky., for the United.
Mr. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local Union
No. 1910, United Brotherhood of Carpenters & Joiners of America,
affiliated, with the American Federation of Labor, herein called
the United, the National Labor Relations Board, herein called the
Board, by the Regional Director for the Ninth Region (Cincinnati,
Ohio), issued its complaint dated November 27, 1940, against Adler
Manufacturing Company, Louisville, Kentucky, herein called the
respondent' alleging that the respondent had engaged in and was
-engaging in unfair labor practices affecting commerce, within the
meaning of Section 8 (1), (2), (3), and (5) and Section 2 (6)
and (7) of the National' Labor Relations Act, 49 Stat. 449, herein
called the Act.
Concerning the unfair,labor practices the complaint alleged in
substance : (1) that the respondent dominated and interfered with
the administration of Adler Employees Group and contributed sup-
port to it; (2) that the respondent discouraged membership in the
United by discharging and otherwise discriminating against Leon-
The original complaint was also issued against Sears Roebuck & Co., Chicago , Illinois,
as a respondent . Thereafter; the complaint was amended by striking the name of Sears,
Roebuck & Co. as a respondent.
29 N. L. R. B., No. 126.
804 a.
ADLER MANUFACTURING COMPANY 805
and Lucas because he had joined and assisted the United; (3) that
the respondent refused to bargain collectively with the United as
th8 exclusive repfesentation of the respondent's employees within
an appropriate unit; (4) that by the foregoing and other acts the
respondent interfered with, restrained, and coerced its employees
in the exercise of the rights guaranteed in Section 7 of -the Act.
On December 23, 1940, the respondent, the United, and representa-
tives of the Board entered into a stipulation.2 The stipulation pro-
vides as follows :
STIPULATION
IT IS HERESY STIPULATED by and between Adler Manufacturing
Company, of Louisville, Kentucky, respondent herein (herein-
after referred to as respondent) ; and Local Union No. 1910,
United Brotherhood of Carpenters & Joiners of America, affiliated
with the American Federation of Labor, Louisville, Kentucky,
the complaining union herein (hereinafter referred to as the
Brotherhood) ; and Philip G. Phillips, Regional Director, and
Alba B. Martin, Regional Attorney, for the Ninth Region of the
National Labor Relations Board, as follows :
I
Upon charges duly filed by Local Union No. 1910, United Broth-
erhood of Carpenters & Joiners of America, affiliated with the
American Federation of Labor, the National Labor Relations
Board, by its Regional Director for the Ninth Region, acting
pursuant to authority granted in Section 10 (b) of the National
Labor Relations Act (49 Stat. 449) and to Rules,and Regula-
tions-Series 2, as amended, Article IV, Section 1, issued its
amended complaint on the twenty-first day of December, 1940,
against respondent.
II
Respondent is and has been since 1910 a Kentucky corporation,
having. its office and principal place of business in Louisville,
Kentucky. Respondent has been and now is engaged in the
manufacture and sale of radio cabinets, folding tables, coffee
tables, cigarette boxes, and related products. During the twelve-
month period of December 1, 1939, to December 1, 1940, respond-
ent purchased lumber and other raw materials exceeding-in value
the sum of $200,000, approximately 45 per cent of which raw
2 In a letter to the Regional Director dated December 31, 1940, the Adler Manufacturing
Company Employees' Group, Inc, consented to the terms of the stipulation and order in
so far as it was thereby affected ,
806 DECISIONS OF-NATIONAL LABOR-. RELATIONS BOARD
materials was purchased from out of the Commonwealth of
Kentucky. During the same period, respondent received from the
sale of its finished products a sum in excess of $250,000, approxi-
mately 75 per cent of which ,products ,was sold to purchasers
outside the Commonwealth of Kentucky.
III
Respondent agrees and admits that it is engaged in interstate
commerce within the meaning of Section 2, subdivisions (6) and
(7) of the National Labor Relations Act, and that for the pur-
poses of this matter it is subject to the jurisdiction of the National
Labor Relations Board: I .
IV
The National Labor Relations Board may forthwith make
jurisdictional findings based upon the facts and admissions
stipulated above. -
V
"Adler Manufacturing Company Employees Group, Inc., and
Local Union, No. 1910, United Brotherhood of Carpenters &
Joiners of America, affiliated with the American Federation
of Labor, 'are labor organizations within the meaning of Sec-
tion 2, subdivision (5) of the National Labor Relations Act.
VI
Respondent and the Brotherhood hereby waive their right
to service of the amended complaint herein and to any notice
of hearing before trial examiner, and waive their right to any
hearing and to call and cross-examine witnesses before a trial
examiner or the National Labor Labor Relations Board. Re-
spondent waives its right to file an answer in this matter. All
parties waive the making of findings of fact and conclusions of
law, by the National Labor Relations Board and other matters
of procedure under the National Labor Relations Act and the
Rules and Regulations of the National Labor Relations Board.
This stipulation may be filed, together with the third amended
charge and the, amended complaint, with the Chief Trial Ex-
aminer of the National Labor Relations Board in Washington,
D.C. -
VII
The appropriate unit for the purposes of collective bargaining
at respondent's plant in Louisville, Kentucky (hereinafter re-
ADLER MANUFACTURING' COMPANY- - •- - 807,
ferr"ed to as the Louisville Plant), consists of all hourly paid
production and maintenance workers, excluding foremen,' assist-
ant foremen, master mechanics, engineers, firemen, timekeepers,
clerical employees, truck drivers, and all persons having the
right to hire and fire. It is agreed that Local Union No. 1910,
United Brotherhood of Carpenters & Joiners of America, affili-
ated with the American Federation of Labor, represents a , ma-
jority of the employees in the appropriate unit described above,
as of the date of the issuance of the Board order hereby agreed
to.
VIII
All parties hereto agree and-consent that the National Labor
Relations Board mi y 'forthwith enter an order (which shall
have the same force and effect as if it were made after findings
of fact by the National Labor Relations Board) providing as
follows :
Respondent Adler Manufacturing Company and its officers,
agents, successors and assigns shall:- -
1. Cease and desist from : ,
(a) Dominating or interfering with - the administration of
Adler Manufacturing Company Employees Group, Inc., or the
formation or administration of any successor to said -Adler
Manufacturing Company Employees Group, Inc., or any other
labor organization' of the employees of Adler Manufacturing
Company,at its Louisville, Kentucky, plant, and contributing
support to Adler Manufacturing Company Employees Group,_
Inc., or to any successor to said Adler Manufacturing Company
Employees Group, Inc., or any other labor organization of the
employees of Adler Manufacturing Company at its Louisville,
Kentucky, plant;
(b) Giving effect to any contract, agreement, or, written or
oral understanding concerning -wages, hours, and working con-
ditions it may have entered into with Adler Manufacturing
Company Employees Group, Inc. ;
(c) Discouraging membership in Local Union No. 1910, United
Brotherhood of Carpenters & Joiners of America, or any other
labor organization of the employees of Adler Manufacturing
Company at its Louisville, Kentucky; plant, by discriminating
with regard to hire or tenure of employment and other conditions
of employment;
(d) Refusing to bargain collectively with Local Union No.
1910, United Brotherhood of Carpenters & Joiners of America,
as the exclusive representative of all the employees in, the ap-
propriate unit at respondent Adler Manufacturing Company's
808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Louisville, Ky., plant as described above in Section VII of the
Stipulation herein dated December 23, 1940;
(e) In any other manner interfering with, restraining, or co-
ercing the employees of-Adler Manufacturing Company at its
Louisville, Kentucky, plant in the exercise of the right to self-
organization, to form, join or assist labor organizations, to bar-
gain collectively through representatives of their own choosing,
and to,engage in concerted activities for the purposes of collective
bargaining or other mutual aid or protection as guaranteed in
Section 7 of the National Labor Relations Act.
2. Take the following affirmative action to effectuate the poli-
cies and purposes of the National Labor Relations Act :
(a) Withdraw all recognition from and not recognize any
successor to Adler Manufacturing Company Employees Group,
Inc., as the representative of any of the employees of Adler
Manufacturing Company at its Louisville, Kentucky, plant, for
the purposes of dealing with respondent concerning grievances,
labor disputes, wages, hours of employment, and other conditions
of employment, and forth-with take -all steps within its power to
disestablish and abolish said Adler Manufacturing Company
Employees Group, Inc. ;
(b) Give no effect to any labor contract, agreement, or written
or oral understanding which it his heretofore entered into with
the Adler Manufacturing Company Employees Group, Inc. and
which is still in'force and effect;
(c) Offer to Leonard Lucas immediate and full reinstatement
to his former position or positions at respondent Adler Manufac-
turing Company's Louisville, Kentucky; plant, or if such position
or positions be not available, then to a substantially equivalent
position, without prejudice to his seniority or his other rights or
privileges ;
(d) Immediately, recognize and upon request bargain with
Local Union No. 1910, United Brotherhood of Carpenters &
Joiners of America as the exclusive representative of all the em-
ployees in the appropriate' unit at respondent Adler Manufactur-
ing Company's Louisville, Kentucky, plant as described above in
Section VII of the stipulation herein, dated December 23, 1940.
(e) Post immediately notices in conspicuous places throughout
respondent Adler_ Manufacturing Company's Louisville, Ken-
tucky, plant and maintain such notices for a period of thirty
consecutive days stating that respondent Adler Manufacturing
Company will cease and desist from engaging in any of the acts
or practices set forth in paragraphs 1 (a), (b), (c), (d) and
(e) of this order;
• , ADLER MANUFACTURING COMPANY 809
'(f) Notify the Regional Director for the Ninth Region of the
National Labor Relations Board in writing within ten' (10) days
from the, date of this order what steps respondent has taken
to comply herewith.
IX.
All parties hereto agree and consent to the entry by the Sixth
Circuit Court of Appeals of enforcement decree embodying the
terms of the Board Order agreed to above, and all parties hereby
waive further notice of application for or the entry of such
court decree.
X.
All stipulations herein made are subject to the approval of the
National Labor Relations Board, and should the National Labor
Relations Board fail to approve the terms and conditions con-
tained herein, this stipulation shall be null and void and to no
effect and the proceedings in this matter shall be of the same
status as if no stipulation had- been entered into.
XI.
The entire agreement between the parties hereto is contained
within the terms of this stipulation and there is no verbal agree-
ment of any kind which varies, alters, or adds to this stipulation.
On February 1, 1941, the Board issued its order approving the
above stipulation, making it a, part of the record, and transferring
the proceeding to the Board for the purpose of entry of a decision and
order by the Board pursuant to the provisions of the stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Adler Manufacturing Company, a Kentucky corporation having a
plant at Louisville, Kentucky, is engaged in the manufacture and
sale of radio cabinets, tables, cigarette boxes, and related products.
During 1939 the respondent purchased raw materials valued at ap=
proximately $200,000, of which approximately 45 per cent was shipped
to the respondent's plant from points outside the Commonwealth of
Kentucky. During the same period the respondent sold products
manufactured at its plant valued at approximately $250,000, of
which approximately 75 'per cent was sent outside the Commonwealth
of Kentucky. f _
810 DECISIONS - OF' NATIONAL LABOR RELATIONS BOARD
The respondent admits that it is engaged in commerce within the
meaning of Section 2 ( 6) and (7) of the Act. We^find that the
above-described operations constitute a continuous flow of trade, traf-
fic, and commerce among the several States. _
ORDER
Upon the basis of the above findings of fact, the above stipulation,
and the entire record in the case, and pursuant to Section 10 (c) of
the National Labor Relations Act, the National Labor Relations
Board hereby orders that the respondent , Adler Manufacturing Com-
pany, its officers, agents, successors , and assigns , shall :
1. Cease and Desist from :
(a) Dominating or interfering with the administration of Adler
Manufacturing Company Employees Group, Inc., or the formation
or administration of any successor to said Adler Manufacturing Com-
pany Employees Group, Inc. or any other labor organization of the
employees of Adler Manufacturing Company at its Louisville, Ken-
tucky, plant , and contributing support to Adler Manufacturing Com-
pany Employees Group, Inc. or to any successor to said Adler
Manufacturing Company Employees Group, Inc. or any other labor
organization of the employees of Adler Manufacturing Company at
its Louisville , Kentucky , plant :
- (b) Giving effect to any contract , agreement , or written or oral
understanding concerning wages, hours, and working conditions it may
have entered into with Adler Manufacturing Company Employees
Group, Inc. ; -
(c) Discouraging membership in Local Union No. 1910, United
Brotherhood of Carpenters & Joiners of America, or any other labor
,organization of the employees of Adler Manufacturing Company at
its Louisville , Kentucky plant, by discriminating with regard to hire
or tenure of employment and' other conditions of employment;
(d) Refusing to bargain collectively with Local Union No. 1910,
United Brotherhood of Carpenters & Joiners of America, as the ex-
clusive representative of all the employees in the appropriate unit at
respondent Adler Manufacturing Company's Louisville, Ky., plant
as described above in Section VII of the Stipulation herein dated
December 23, 1940;
- (e) In any other manner interfering with, restraining , or coercing
the employees of Adler Manufacturing Company at its Louisville,
Kentucky , plant in the exercise of the right to self-organization, to
form, join or assist. labor organizations , to bargain collectively through
representatives of their own choosing , and to engage in concerted activi-
ties for the purposes of collective bargaining or other mutual aid or
protection as guaranteed in Section 7 of the National Labor Relations
Act. -
ADLER MANUFACTURING COMPANY 811
2. Take the following affirmative action to effectuate the policies and
purposes of the National Labor Relations Act :
(a) Withdraw all recognition from and not recognize any successor
to Adler Manufacturing Company Employees Group, Inc., as the
representative of any of the employees of,Adler Manufacturing Com-
pany at its Louisville, Kentucky, plant, for the purposes of dealing
with respondent concerning grievances, labor disputes, wages, hours
of employment, and other conditions of employment, and forthwith
take- all steps within its power to disestablish and abolish said Adler
Manufacturing Company Employees Group, Inc.; ' -
(b) Give no effect to any labor contract, agreement, or written or
oral understanding which it has heretofore entered into with the Adler
Manufacturing Company Employees Group, Inc. and which is still
in force and effect;
(c)' Offer to Leonard Lucas immediate and full reinstatement to his
former position or positions at respondent Adler Manufacturing Com-
pany's Louisville, Kentucky, plant, or'if such position or positions be
not available, 'then to a substantially equivalent position, without
prejudice to his seniority or his other rights or privileges;
(d) Immediately recognize and upon request bargain with Local
Union No. 1910, United Brotherhood of Carpenters '& Joiners of
America'as the exclusive representative of all the employees in the
appropriate unit at respondent Adler Manufacturing Company's
Louisville, Kentucky, plant as described above in Section VII of the
stipulation herein, dated December 23, 1940.
(e) Post immediately notices in conspicuous places throughout re-
spondent Adler Manufacturing Company's Louisville, Kentucky, plant
and maintain such notices for a period of thirty consecutive days stat-
ing that respondent Adler Manufacturing Company will cease and
desist from engaging in any of the acts or practices set forth in para-
graphs 1 -(a), (b), (c), (d) and (e) of this order:
(f) "Notify the Regional Director for the Ninth Region of the
National Labor Relations Board in writing within ten (10) days from
the date of this order what steps respondent has taken to comply
herewith.