Autopart Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 16, 1950

92 N.L.R.B. 120 (N.L.R.B. 1950)

In the Matter of AUTOPART MANUFACTURING COMPANY and UNITED
AUTOMOBILE , AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, UAW-CIO
Case No. 13-C-3110
ORDER AMENDING SUPPLEMENTAL DECISION AND
AMENDED ORDER
November 16, 1950
On August 30, 1950, the Board issued a Supplemental Decision and
Amended Order 1 in this case, finding that Universal Parts,_ Inc., was
a successor and assign of the Respondent, Autopart Manufacturing
Company, and requiring Universal Parts, Inc., to remedy the unfair
labor practices of the Respondent in this case:
In the course of its discussion of the relationship between Universal
Parts, Inc., and the Respondent, the Board stated :
The record does not show whether Universal has continued the
manufacturing operations formerly conducted by the Respondent.
Since the issuance of the Supplemental Decision in this case, the
Board has received a stipulation dated October 27, 1950, from the
parties 2 agreeing that the record in this case be amended to show
that the manufacturing operations- of the Respondent were discon-
tinued as of September 30, 1947, that Universal Parts, Inc., did not
continue the Respondent's manufacturing operations, and that the
transfer of the Respondent's assets to Universal Parts, Inc., con-
stituted a partial liquidation of the indebtedness of the Respondent.
We will amend the record and the findings in our Supplemental
Decision to conform to this stipulation.
As our action of August 30, 1950, was based on the view that Uni-
versal was a successor and assign of the Respondent, whether or not
its manufacturing operations were continued by Universal, the fore-
going amendment of the record arid findings will not require any
change in the Board's disposition of this case.
191 NLRB 77.
2 This stipulation was executed by counsel for the Respondent and Universal Parts, Inc.,
counsel for the Union, and by a representative of the General Counsel of the Board.
92 NLRB No. 30.
120
AUTOPART MANUFACTURING COMPANY 121
ORDER
IT IS HEREBY ORDERED that the 'record in this case be, and it hereby
is, amended to include the stipulation of the parties hereto executed
on October 27, 1950, and filed with the Board, and that the Supple-
mental Decision and Amended Order of August 30, 1950, in this
case be, and it hereby is, amended by deleting therefrom the following :
The record does not show whether Universal has continued the
manufacturing operations formerly conducted by the Respondent.
It is clear from the foregoing, however, that whether or not it
has continued the operations of the Respondent, Universal, by
virtue of the transfer to it of all the Respondent's assets, is the
Respondent's assignee, and, at least to that extent, its successor.
and by substituting therefor the following language :
The Respondent's manufacturing operations were discontinued
as of September 30, 1947, and were not continued by Universal.
The Transfer of the Respondent's assets to Universal constituted
a partial liquidation of the Respondent's indebtedness to Uni-
versal. It is clear from the foregoing that Universal, by virtue
of the transfer to it of all the Respondent's assets, is the
Respondent's assignee, and, at least to that extent, its successor.
IT IS FURTHER ORDERED that the Supplemental Decision, and Amended
Order of August 30, 1950, in this case be, and it hereby is, confirmed in
all other respects.
MEMBERS REYNOLDS and MURDOCK took no part in the consideration
of the above Order Amending Supplemental Decision and Amended
Order.