12 N.L.R.B. 1047 (N.L.R.B. 1939)

American Brake Shoe & Foundry Company

National Labor Relations Board - Board DecisionsMay 17, 1939

12 N.L.R.B. 1047 (N.L.R.B. 1939)

In the Matter of AMERICAN BRAKE SHOE & FOUNDRY COMPANY and STEEL WORKERS ORGANIZING COMMITTEE ON BEHALF OF AMALGA- MATED ASSOCIATION OF IRON , STEEL & TIN WORKERS OF NORTH AMERICA, LODGE No. 1285 AND LODGE No. 1814 , (AFFILIATED WITH THE C. I. 0.) In the Matter of AMERICAN BRAKE SHOE & FOUNDRY COMPANY and STANLEY J. ARASIN Cases Nos. C-1252 and C-1253, respectively.Decided May 17, 1939 Brake Shoe Manufacturing Industry-Settlement: stipulation providing for cessation of unfair labor practices and reinstatement of employees with back pay-Order: entered on stipulation. Mr. W. G. Stuart Sherman, for the Board. Messrs. William Booth and Elmer E. Myers, of Pittsburgh, Pa., and Mr. Ralph A. Lind, of New York City, for the respondent. Mr. John A. Dutchman, of Pittsburgh, Pa., for the Union. Mr. Ben Law, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by John A. Dutch- man, Steel Workers Organizing Committee representative, and upon charges filed by Stanley J. Arasin,' the National Labor Relations Board, herein called the Board, by the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania), issued its amended com- plaint dated February 20, 1939, against the American Brake Shoe & Foundry Company, New York City, 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) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of 'The Board's Order consolidating the two cases for all purposes was issued on Feb- ruary 13 , 1939, pursuant to Article II, Section 37, of National Labor Relations Board Rules and Regulations , Series 1, as amended. 12 N. L. R. B., No. 103. 1047 1048 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the complaint, accompanied by notice of hearing, was duly served upon the respondent and the Steel Workers Organizing Committee, herein called the Union. Concerning the unfair labor practices, the complaint alleged, in substance, that the respondent by various acts and statements had indicated its hostility to unionism and attempted to discourage mem- bership in the Union; that the respondent discharged and has refused to reinstate certain named employees in order to discourage member- ship in the Union; and that by the afore-mentioned activities the respondent had interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On February 28, 1939, the respondent filed its answer to the com- plaint in which it admitted the allegations concerning the nature and scope of its business, but denied the allegations of unfair labor practices. Pursuant to notice, a hearing was held February 27 and 28, 1939, at Pittsburgh, Pennsylvania, before Webster Powell, the Trial Ex- aminer duly designated by the Board. The respondent, the Union and the Board participated in the hearing and were represented by ,counsel. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. On February 28, 1939, the respondent, the Union, Stanley J. Arasin, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : STIPULATION It is hereby stipulated and agreed by and between American Brake Shoe & Foundry Company, by M. N. Trainer, President of the Brake Shoe and Castings Division of the American Brake Shoe & Foundry Company, Steel Workers Organizing Com- mittee, on behalf of the Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodge #1285 and Lodge #1814 (affiliated with the C. I. 0.), by Abe E. Vales, Sub- Regional Director of the Steel Workers Organizing Committee, Stanley J. Arasin and W. G. Stuart Sherman, attorney, National Labor Relations Board, as follows : I. The American Brake Shoe & Foundry Company is a Dela- ware corporation, engaged in the manufacture, sale and distri- bution of brake shoes and brake shoe parts. It has its princi- pal office in the City of New York, N. Y., and two of its plants in the City of Pittsburgh, Allegheny County, Commonwealth of Pennsylvania (hereinafter referred to as the Pittsburgh Plants). In the years 1937 and 1938 more than fifty per cent (50%) of the essential raw materials and supplies used by the AMERICAN BRAKE SHOE & FOUNDRY COMPANY 1049 Respondent Company in the manufacture of brake shoes was purchased and shipped to the Pittsburgh Plants from points out- side the Commonwealth of Pennsylvania. The principal essen- tial raw materials are as follows : steel plate, expanded metal, scrap metals and coke. During the years 1937 and 1938 inclusive, over fifty per cent (50 %) of the finished products manufactured by the Respondent at its Pittsburgh Plants was shipped to points outside the Commonwealth of Pennsylvania. During the years 1937 and 1938 inclusive, the Respondent Company produced in excess of twelve hundred (1200) tons per month of brake shoes and brake shoe parts at its two Pittsburgh Plants. The Respondent Company admits that it is engaged in inter- state commerce within the meaning of Section 2, subdivisions (6) and (7), of the National Labor Relations Act, 49 Stat. 449, for the purposes of this proceeding. II. Upon the basis of the facts stated in paragraph I above, this Stipulation, and by agreement of the parties hereto, the National Labor Relations Board may enter an Order in cases Nos. VI-C-279 and VI-C-324. III. The said Order shall provide as follows : (1) The American Brake Shoe & Foundry Company, its offi- cers, agents, successors and assigns shall cease and desist from in any manner interfering with, restraining, or coercing its em- ployees at its two plants in the City of Pittsburgh in the exer- cise of their right to self-organization, to form, join or assist labor organizations, to bargain collectively through representa- tives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining, or other mutual aid or protection. (2) The American Brake Shoe & Foundry Company, its offi- ,cers, agents, successors and assigns shall cease and desist at its two plants in the City of Pittsburgh from in any manner dis- couraging membership in the Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodges Nos. 1285 and 1814, or any other labor organization of its employees, by dis- crimination in regard to their hire or tenure of employment because of their membership in, or activities in behalf of, any such labor organization. (3) The American Brake Shoe & Foundry Company, its agents, officers, successors and assigns, shall take the following affirma- tive action in order to effectuate the policies of the National Labor Relations Act : (a) Offer to Peter Jarema, Joseph Arasin, Leo Sonick, Erich Kuschel, George F. McCall, Michael Hudic, Sam Guerra, Joseph Guerra, Tony Hovan, Fred Wilkins, Peter Danilya and James 1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Wilkins immediate and full reinstatement to their former or substantially equivalent positions at the respective plants of Respondent Company in the City of Pittsburgh, Pennsylvania, without prejudice to their seniority and other rights and privi- leges previously enjoyed. (b) Pay to Peter Jarema, Joseph Arasin, Leo Sonick, Erich Kuschel, George F. McCall, Michael Hudic, Sam Guerra, Joseph Guerra, Tony Hovan, Fred Wilkins, Peter Danilya, James Wil- kins and Stanley J. Arasin the sums of money, aggregating $15,183.45, set opposite their respective names in Exhibit "1" attached to and made part of this stipulation and numbered pages 5 and 6 thereof, in full settlement of all claims by them for back pay or otherwise arising out of the employment in this proceeding. No further payments shall be due or payable by respondent for back pay or otherwise to the employees named or referred to in the amended complaint or any amendment thereto. (c) Inform all of its officials and agents, including Superin- tendents and foremen and other supervisory employees, that they shall not in any manner approach any employees concerning or discussing with the employees the question of their labor affilia- tion or threaten employees in any manner because of their mem- bership in any labor organization in general, or the Amalga- mated Association of Iron, Steel & Tin Workers of North Amer- ica, Lodges Nos. 1285 and 1814, in particular. (d) Post immediately in conspicuous places throughout its two plants in the City of Pittsburgh, Pennsylvania, and main- tain there for a period of at least sixty (60) consecutive days, notices stating that,- 1. The American Brake Shoe and Foundry Company will cease and desist in a manner aforesaid. 2. The American Brake Shoe & Foundry Company em- ployees, at its two plants in the City of Pittsburgh, Penn- sylvania, will not be interfered with, restrained or coerced in the exercise of their rights to self-organization, to bar- gain collectively through representatives of their own choos- ing, and to engage in other mutual aid or protection. 3. The American Brake Shoe & Foundry Company has withdrawn all recognition from the "Brake Shoe Workers Union, Local #1" as a representative of its employees for the purpose of dealing with the American Brake Shoe & Foundry Company concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other condi- tions of employment at its Lawrenceville Plant in the City AMERICAN BRAKE SHOE & FOUNDRY COMPANY 1051 of Pittsburgh, Pennsylvania; and that the said, "Brake Shoe Workers Union, Local #1" is completely disestablished as such representative. (e) Notify the Regional Director of the National Labor Rela- tions Board for the Sixth Region (Pittsburgh, Pennsylvania) within ten (10) days-of the service of this Order, by a detailed report in writing the manner and form in which it has com- plied with the said Order. IV. The Order of the National Labor Relations Board as set out in paragraph III hereof may be embodied in a Decree of the United States Circuit Court of Appeals for the appropriate Cir- cuit, the American Brake Shoe & Foundry Company hereby waiving any further notice for the application for such Decree and waiving its right to contest any application of the National Labor Relations Board for the entry of such a Decree. V. It is expressly understood and agreed that this Stipulation is subject to the approval of the National Labor Relations Board. EXHIBIT 1 Amount of Money to be Paid to Each Individual Peter Jarema----------------------------------- $1,824.62 Joseph Arasin---------------------------------- 829.44 Leo Sonick------------------------------------- 1,230.37 Erich Kuschel ---------------------------------- 1,904.57 George F. McCall------------------------------- 873.63 Michael Hudic---------------------------------- 1,129.34 Sam Guerra------------------------------------ 925.48 Joseph Guerra---------------------------------- 912.32 Tony Hovan------------------------------------ 273.20 Fred Wilkins----------------------------------- 905.76 Peter Danilya ---------------------------------- 748.05 James Wilkins---------------------------------- 0.00 Stanley J. Arasin------------------------------ - 3, 626.67 Total------------------------------------- $15,183.45 Of the sum of $3,626.67 to be paid to Stanley J. Arasin, $1,000 thereof is paid to him in lieu of reinstating him to his former position of foreman at the respondent company's North Side plant and the balance only is paid to him on account of his claim for back pay. In computing the various amounts of money to be paid to the individuals on account of their respective claims for back pay there have been deducted as accrued interim earnings certain moneys received by some of said individuals for work performed for the Federal Works Progress Administration, the amount de- 1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ducted with respect to each such individual being as set forth opposite his name in the following schedule : Tony Hovan ------------------------------------- $669.28 Peter Danilya------------------------------------ 120.99 Joseph Arasin----------------------------------- 464.58 Leo Sonick -------------------------------------- 404.03 $1, 658.88 In the event of a decision by the Supreme Court of the United States upholding the practice of the National Labor Relations Board in directing employers to pay over to the Federal Works Progress Administration the moneys received by employees therefrom and deducted from the amounts otherwise due to said employees on account of their claim for back pay, respondent shall pay the amounts so deducted in this case, aggregating $1,658.88, to the Regional Director of the National Labor Rela- tions Board for the Sixth Region. Respondent shall have no other obligation to account for such deducted WPA moneys than as herein expressly provided. On April 13, 1939, the Board issued its order approving the above stipulation, making it part of the record in the case, and trans- ferring the proceeding 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 RESPONDENT 2 The respondent is a Delaware corporation engaged in the manu- facture, sale, and distribution of brake shoes and brake-shoe parts. It has its principal office in the City of New York, and two, of its plants in the City of Pittsburgh, Pennsylvania. In the years 1937 and 1938 more than 50 per cent of the essential raw materials and supplies used by the respondent in the manufacture of brake shoes and parts were purchased and shipped to the Pittsburgh plants from points outside Pennsylvania. The principal essential raw ma- terials used are as follows : Steel plate, expanded metal, scrap metals, and coke. During the years 1937 and 1938, inclusive, over 50 per cent of the finished products manufactured by the respondent at its Pitts- burgh plants were shipped to points outside Pennsylvania. During the years 1937 and 1938, the respondent produced in excess of 1,200• tons per month of brake shoes and brake-shoe parts at its two Pittsburgh plants. 2 The findings in this section are based on stipulated facts. AMERICAN BRAKE SHOE & FOUNDRY COMPANY 1053 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: 1. The American Brake Shoe & Foundry Company, its officers, agents, successors, and assigns, shall cease and desist from in any manner interfering with, restraining, or coercing its employees at its two plants in the City of Pittsburgh in the exercise of their 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 activities for the purpose of collective bargaining, or other mutual aid or protection. 2. The American Brake Shoe & Foundry Company, its officers, agents, successors, and assigns, shall cease and desist at its two plants in the City of Pittsburgh from in any manner discouraging member- ship in the Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodges Nos. 1285 and 1814, or any other labor organization of its employees, by discrimination in regard to their hire or tenure of employment because of their membership in, or activities in behalf of, any such labor organization. 3. The American Brake Shoe & Foundry Company, its agents, officers, successors, and assigns, shall take the following affirmative action in order to effectuate the policies of the National Labor Rela- tions Act : (a) Offer to Peter Jarema, Joseph Arasin, Leo Sonick, Erich Kuschel, George F. McCall, Michael Hudic, Sam Guerra, Joseph Guerra, Tony Hovan, Fred Wilkins, Peter Danilya, and James Wil- kins immediate and full reinstatement to their former or substan- tially equivalent positions at the respective plants of respondent com- pany in the City of Pittsburgh, Pennsylvania, without prejudice to their seniority and other rights and privileges previously enjoyed; (b) Pay to Peter Jarema, Joseph Arasin, Leo Sonick, Erich Kuschel, George F. McCall, Michael Hudic, Sam Guerra, Joseph Guerra, Tony Hovan, Fred Wilkins, Peter Danilya, James Wilkins, and Stanley J. Arasin the sums of money, aggregating $15,183.45, set opposite their respective names in Exhibit "1" attached to and made part of this stipulation and numbered pages 1051 and 1052 there- of, in full settlement of all claims by them for back pay or otherwise arising out of the employment in this proceeding. No further pay- ments shall be due or payable by respondent for back pay or other- 1054 DECISIONS OF NATIONAL LABOR RELATIONS BOARD wise to the employees named or referred to in the amended complaint or any amendment thereto; (c) Inform all of its officials and agents, including superintendents and foremen and other supervisory employees, that they shall not in any manner approach any employees concerning or discussing with the employees the question of their labor affiliation or threaten em- ployees in any manner because of their membership in any labor organization in general, or the Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodges Nos. 1285 and 1814, in particular; (d) Post immediately in conspicuous places throughout its two plants in the City of Pittsburgh, Pennsylvania, and maintain there for a period of at least sixty (60) consecutive days, notices stating that, 1. The American Brake Shoe & Foundry Company will cease and desist in the manner aforesaid. 2. The American Brake Shoe & Foundry Company employees, at its two plants in the City of Pittsburgh, Pennsylvania, will not be interfered with, restrained, or coerced in the exercise of their rights to self-organization, to bargain collectively through representatives ,of their own choosing, and to engage in other mutual aid or protection. 3. The American Brake Shoe & Foundry Company has withdrawn all recognition from the "Brake Shoe Workers Union, Local No. 1" as a representative of its employees for the purpose of dealing with the American Brake Shoe & Foundry Company concerning griev- -ances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment at its Lawrenceville plant in the City of Pittsburgh, Pennsylvania; and that the said, "Brake Shoe Workers Union, Local No. 1" is completely disestablished as such representative; (e) Notify the Regional Director of the National Labor Relations Board for the Sixth Region (Pittsburgh, Pennsylvania) within ten (10) days of the service of this Order, by a detailed report in writing the manner and form in which it has complied with the said Order. ExHmrr 1 Amount of Money to be Paid to Each Individual Peter Jarema --------------------------------------- $1,824.62 Joseph Arasin--------------------------------------- 829 44 Leo Sonick------------------------------------------ 1,230 37 Erich Kuschel--------------------------------------- 1,904.57 George F. McCall------------------------------------ 873 63 Michael Hudic -------------------------------------- 1,129 34 AMERICAN BRAKE SHOE & FOUNDRY COMPANY 1055 Sam Guerra --------------------------------------- $925.48 Joseph Guerra -------------------------------------- 912.32 Tony Hovan ---------------------------------------- 273.20 Fred `vilkins---------------------------------------- 905.76 Peter Danilya--------------------------------------- 748.05 James Wilkins -------------------------------------- 0.00 Stanley J. Arasin------------------------------------ 3,626.67 Total-----------'------------------------------- $15,183.45 Of the sum of $3,626.67 to be paid to Stanley J. Arasin, $1,000 thereof is paid to him in lieu of reinstating him to his former posi- tion of foreman at the respondent company's North Side plant and the balance only is paid to him on account of his claim for back pay. In computing the various amounts of money to be paid to the indi- viduals on account of their respective claims for back pay there have been deducted as accrued interim earnings certain moneys received by some of said individuals for work performed for the Federal Works Progress Administration, the amount deducted with respect to each such individual being as set forth opposite his name in the following schedule : Tony Hovan------------------------------------------ $669.28 Peter Danilya---------------------------------------- 120.99 Joseph Arasin---------------------------------------- 464.58 Leo Sonick------------------------------------------- 404.03 $1,658 fl£ In the event of a decision by the Supreme Court of the United States upholding the practice of the National Labor Relations Board in directing employers to pay over to the Federal Works Progress Administration the moneys received by employees therefrom and deducted from the amounts otherwise due to said employees on account of their claim for back pay, respondent shall pay the amounts so deducted in this case, aggregating $1,658.88, to the Regional Direc- tor of the National Labor Relations Board for the Sixth Region. Respondent shall have no other obligation to account for such deducted W. P. A. moneys than as herein expressly provided.