Baldor Electric Co.

National Labor Relations Board - Board Decisions

Aug 16, 1940

26 N.L.R.B. 703 (N.L.R.B. 1940)

H. I
Ill the Matter of BALDOR' ELECTRIC COMPANY and UNITED ELECTRI-
CAL; RADIO & MACHINE WORKERS OF AMERICA,' LOCAL'NO.' 1106
Case No. C-1647.-Decided August 16,1940
Jurisdiction : electric motors and grinders manufacturing industry.
Settlement : stipulation providing, for compliance with the Act.. .., , . •
Remedial Order : entered on stipulation., , < <
Mr. L.' W-., D. Wells, Jr., and Mr. Wallace Cooper, 'for the' Board.
Mr. Louis 'Kawin•'and Mr. Paul D: Clerk, of -St. Louis, 11\1o.,'for the
respondent.
''Air. William Sentner and Mr. Robert Logsdon, of St. Louis', Mo.;
for the Union.
-Mr: Raymond J: Compton, of counsel to the Board.'
,DECISION
AND
,ORDER,
I , I, , 1, •)
STATEMENT OF THE CASE
Upon a second amended charge I duly filed, by United Electrical,
Radio & Machine Workers of America, Local No., 1106,,herein called
the Union, the National Labor Relations Board, herein, called the
Board, by the Regional Director for the Fourteenth Region ,(St; Louis,
Missouri), issued its complaint dated June 18, 1940, against Baldor
Electric Company, St. Louis, Missouri, herein called the respondent,
alleging, that the respondent had engaged in, and was engaging in un-
fair labor practices affecting commerce within, the, meaning of Section
8 (1),. (3), and (5): and Section- 2 (6) ands (7) of the National; Labor
Relations Act, 49 , Stat. 449, , herein called the. Act. • Copies. of the
complaint and, notice of hearing thereon were ,duly served, upon the
respondent and upon the Union.
.With respect to the,unfair labor, practices,, the, complaint alleged in
substance,that, (1) on or about July-15, 1939,,, and at all.times thereafter
the respondent refused, to bargain collectively, with ,the Union,as the
exclusive representative, of its employees ;in an, appropriate bargaining
unit composed .,of all the production employees, excluding foremen,
assistant foremen,, watchmen„ timekeepers, maintenance workers, and
I The original charge'was filed on October 20, 1939; an amended, charge on , February 19; 1940; and the
second amended charge on June 18, 1940
26 N. L. R. B., No. 71. , - •
703
704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
office employees, although the Union was on or about July 15, 1939,
and at all times subsequent thereto has been, the duly designated
representative of a majority of the employees in such unit; (2) during
a strike of the respondent's employees commencing on or about Sep-
tember 1939, caused by the respondent's refusal to bargain collectively
with the Union, the respondent urged and threatened its employees
to abandon the strike and to cease engaging in concerted activity for
the purposes of collective bargaining or other mutual aid or protec-
tion; (3) on or about December 15, 1939, and at all times thereafter
the respondent refused to reinstate the employees named in Appendices
A, B, C, D, and E,2 attached hereto, because they had joined or
assisted the Union, or because they had participated in the afore-
mentioned strike; and (4) by the foregoing acts and by other acts and
conduct the respondent interfered with, restrained, and coerced its
employees in the exercise of the rights guaranteed in Section 7 of the
Act.
On July 3, 1940, pursuant to an order issued by the Regional
Director extending the respondent's time to answer, the respondent
filed an answer admitting certain allegations of the complaint concern-
ing the nature and interstate character of its business, but denying
that it had engaged in any unfair labor practices.'
Pursuant to notice, a hearing was held at St. Louis, Missouri, on
July 22, 1940, before R. N. Denham, the Trial Examiner duly desig-
nated by the Board. The Board, the respondent, and the Union were
represented by counsel and participated in the hearing.
On July 22, 1940, the first day of the hearing, the respondent, the
Union, and counsel for the Board entered into a stipulation in settle-
meat of the case. The stipulation provided as follows:
I
Charges and amended charges were filed by United Electrical,
Radio & Machine Workers of America, Local No. 1106, with the
Fourteenth Regional Office of the National Labor Relations
Board, alleging that the respondent,' Baldor Electric Company,
had violated Section 8, subsections (1), (3), and (5) of the National
Labor Relations Act.
Thereafter, on June 18, 1940, the National Labor Relations
Board through Dorothea de Schweinitz, Regional Director for
the Fourteenth Region, duly issued its Complaint and Notice of'
Hearing, alleging that the respondent had engaged in and was
engaging in unfair labor practices affecting commerce within the
meaning of Section 8 (a), (3), and (5) and Section 2 (6) and (7)
of the National Labor Relations Act, 49 Stat. 449.
2 Collectively designated in the complaint as "Schedule A."
3 At the hearing the respondent moved to withdraw its answer The motion was granted by the Trial
Examiner . This ruling is hereby affirmed.
BALDOR ELECTRIC COMPANY 705
The charges and the Complaint, together with the Notice of
Hearing were duly served upon the respondent and on the United
Electrical, Radio & Machine Workers of America, Local No.
1106, on June 19, 1940.
The respondent filed an answer to the Board's Complaint on
July 3, 1940. On July 22, 1940, a hearing before R. N. Dehnam,
Trial Examiner, duly designated by the Board, was opened in
St. Louis, Missouri. After the introduction of the formal exhibits
into the record at the hearing, the respondent withdrew its
answer filed on July 3, 1940.
By the withdrawal of its answer, and by entering into this
stipulation, the respondent does not admit that it has iii any
way violated the National Labor Relations Act, but expressly
denies that it has in any way violated any of the provisions in
said Act.
Il
Baldor Electric Company is a corporation organized under
and existing by virtue of the laws of the State of Missouri.
Since March, 1920 it has been, and is now, engaged at a plant in
St. Louis, Missouri in the production, manufacture, sale, and
distribution of electric motors and grinders.
Raw materials used in the manufacture of these products
include iron, brass, aluminum, steel, wire, insulating materials,
switches, paper, and paints. During the first six months of 1939
respondent purchased raw materials having a value of approxi-
mately $132,000.00. Approximately $99,000.00 worth of these
materials were purchased in states of the United States other
than the State of Missouri and transported in interstate com-
merce from states of the United States other than the State of
Missouri to respondent's plant in St. Louis, Missouri.
During the first six months of 1939 respondent sold electric
motors and grinders having a value of more than $330,000.00:
Products having a value of more than $295,000.00 were trans-
ported and sold in interstate commerce from respondent's plant
in St. Louis, Missouri, to, into, and through states of the United
States other than the State of Missouri.
The respondent agrees and 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 and that re-
spondent is subject to the 'provisions of the National Labor
Relations Act and the jurisdiction of the National Labor Rela-
tions Board.
All parties hereto expressly agree that the National Labor
Relations Board may forthwith make jurisdictional findings
based upon the facts stipulated herein, and that the Board may
706 DECISIONS OF .NATIONAL LABOR RELATIONS BOARD
find'that the above-described operations'of the respondent con-
•stitute,a continuous flow of trade, traffic, and commerce among
the several states.
III r , ,
United', Electrical, .Radio Machine, Workers 'of America,
Local No. 1106, 'is a labor organization within the definition of
Section 2,, subsection (5) {of the National Labor Relations Act.
IV IIli
The record in this cause shall consist of the formal exhibits
mentioned in; paragraph numbered .I hereof "and the transcript
of the proceedings had on July 22, 1940, at St. Louis, Missouri
before R. N. Denham, Trial Examiner, and this stipulation.
V
All parties hereto expressly waive the right to a hearing on the
,',issues raised by the ; Complaint herein; and, further waive the
,,making of findings:of fact - and conclusions of law by the National
' Labor Relations Board. I ` I I I 1
VI i
• I All parties'hereto expressly agree'and consent that'the National
Labor Relations Board may forthwith enter an order' providing
as follows:'
1. Cease and desist from:
(a) Discouraging membership in United Electrical, Radio
& Machine Workers of America, Local No. 1106, or any other
labor' organization of, its employees, by in any manner discrim-
inatin'g' against its employees, in regard to their hire or tenure
of'employment, or any term or` condition of employment.
(b) Refusing to bargain collectively with United Electrical,
Radio & Machine Workers of America, Local` No. 1106, as
the exclusive representative of all its' employees engaged in
production work and ' paid on an hourly-rate basis, excluding
foremen, assistant foremen,, watchmen,, timekeepers, main-
tenance workers, and office employees.
(c) In any' other manner interfering .with,' restraining or
coercing its employees' in the exercise of thew; rights to self-
organization, 'to form, join or assist labor lorganizatious, to
bargain' 'collectively through' representatives of ' their own
choosing, and to engage in concerted activities for ilie.purpose
of collective bargaining 'or other mutual aid and , protection,
as guaranteed in Section 7,of the National Labor Relations'Act.
BALDOR. ELECTRIC COMPANY ' ; ' 707
2., Take the following affirmative - action to effectuate the
policies, of the National Labor Relations Act: , • :
(a) Offer immediately' to: the employees named in' Appendix
A,4 employment in, - their former; or substantially' equivalent
'positions , without prejudice to their iseniority or, other rights
and privileges. • • I ' i '
(b) Offer within sixty (60) days from the date of the execu-
tion of this Stipulation, employmentito those'employees named
in Appendix B,6, without prejudice to their, seniority of other
rights and privileges, and in the'event any person whose name
appears, on Appendix A refuses the employment offered, offer
that employment immediately to a person whose name appears
on Appendix B.
(c) Offer within, ninety (90) days from the date' of the exe-
cution of this Stipulation employment 'to those' employees
named in Appendix C,e without prejudice to their seniority or
other rights and privileges, and in the event any person whose
name- appears on'Appendix B refuses , the employment offered,
offer that employment immediately to a person whose name
appears on Appendix C. • . - ^ - ,
(d) Place those employees named in Appendix D'' for whom
employment is not immediately available,,on a preferential list
and offer them employment without prejudice to their seniority
or other rights and privileges as such employment becomes
available and before other persons are hired., If any of the
persons whose names appear on Appendix C do not accept the
0nlployment• offered, offer immediately that employment to
persons appearing on Appendix D.
'(9) Pay, to the, Regional Director of the Fourteenth Region
of the National Labor Relations Board the sum of twenty-five
hundred ($2,500) dollars, to be distributed by her to those
individuals named on Appendices A, B, C and. D, in such
manner as she may direct, as compensation for losses of earn-
inks which they may have suffered.`
(f) ''Upon request, bargain collectively with United Electrical,
Radio"& Machine Workers 'of' America, Local No. 1106, as
the exclusive ''representative of 'its' employees engaged in pro-
duction work and paid on an hourly-rate basis , excluding fore-
men, assistant foremen, watchmen, timekeepers, maintenance
workers, and office employees.' '
4 Appendix A (erroneously designated as "Exhibit A" in the stipulation) is identical with Appendix A
below, annexed to and made apart of this Decision and'Order: ' ' '
•
b Appendix B (erroneously designated as "Exhibit B" in the stipulation ) is identical with Appendix B
below, annexed to and made a part of this Decision and Order.
E Appendix C (erroneously designated as "Exhibit C" in the stipulation is' identical with Appendix C
below, annexed to and made a part of this Decision and Order.
7 Appendix D (erroneously designated as "Exhibit D" in the stipulation) is identical with Appendix D
below, annexed to and made a part of this Decision and Order.
708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(g) Post immediately notices to its employees in conspicuous
places throughout its plant and maintain such notices for a
period of at least sixty (60) days from the date of posting,
stating: (1) that respondent will not engage in the conduct
from which it is ordered to cease and desist in paragraphs ] a),
b), and c) of this order; (2) that respondent will take the affir-
mative action set forth in paragraphs 2a), b) c), d), e) and f)
of this order; (3) that the respondent's employees are free to
become or remain members of the United Electrical Radio &
Machine Workers of America, Local No. 1106, and the re-
spondent will not discriminate against any employee because
of membership or activity in that organization.
(h) Notify the Regional Director for the Fourteenth Region
of the National Labor Relations Board within ten (10) days
of the date of the issuance of the order herein agreed to, and
again between the 90th and the 100th day of the date of the
issuance of the order herein agreed to, of the steps the respond-
ent, Baldor Electric Company, has taken to comply herewith.
AND IT IS FURTHER ORDERED that the complaint, insofar as it
alleges that the respondent engaged in unfair labor practices, in
refusing to reinstate the persons named in Appendix E 8 attached
hereto, be, and it hereby is, dismissed.
VII
All parties hereto agree and consent to the entry by any
United States Circuit Court of Appeals of an enforcement
Order embodying the terms of the Board order agreed to above,
and all parties hereby waive further notice of the application
for or entry of such Court Order, provided that the order entered
is in the exact terms set forth in Par. VI above.
VIII
It is agreed between the parties hereto that this Stipulation
is subject to the approval of the National Labor Relations
Board and will become effective immediately upon being ap-
proved by the National Labor Relations Board.
IX
It is further agreed and stipulated between the parties hereto
that the entire agreement between the parties hereto is con-
tained within the terms of this Stipulation, and there is no other
agreement, verbal or otherwise, which changes, alters, or adds
to this Stipulation.
9 Appendix E (erroneously designated as "Exhibit E" in the stipulation ) Is identical with Appendix E
below , annexed to and made a part of this Decision and Order.
BALDOR' ELECTRIC COMPANY 709
On July 30, 1940, the Board issued its Order appi•oving''tbe above
stipulation, making it part of the record in the case, and transferring
the,preceeding 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
1. THE BUSINESS OF THE RESPONDENT
The respondent is a Missouri corporation having its principal place
of business at St. Louis, Missouri, where it is,engaged in the manu-
facture, sale, and distribution of electric motors and electric grinders.
During the first 6 months of 1939 the respondent purchased approxi-
mately $132,000 worth of raw,materials, consisting principally of iron,
brass, aluminum, steel,. wire, insulating. materials, switches, paper,
and paints, of which approximately 75 per cent were, purchased
and shipped to the respondent's St. Louis plant from States other than
Missouri. During the same period, the respondent sold finished
products valued at $330,000, of which approximately 90 per cent were
shipped from the St. Louis plant to points outside the State of, Missouri.
The respondent admits,. for the purposes of this proceeeding, 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• contin-
uous flow of trade, traffic, 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, Baldor Electric Company,
St. Louis, Missouri, and its officers, agents, successors, and assigns;
shall: , .
1. -Case and desist from: I, R, ,
(a),, Discouraging membership in United Electrical, Radio Sc Ma-
chine Workers of America, Local No. 1106, or any other labor organi-
zation of its employees, by, in any manner discriminating against. its
employees in regard to their hire or tenure of employment, or any
term or condition of employment. • ,
(b) Refusing to bargain collectively with United Electrical, Radio
Machine Workers of America, Local No. 1106, as the exclusive
representative of all its employees engaged in production work and
paid on an hourly-rate 'basis, excluding foremen, assistant, foremen,
watchmen, timekeepers, maintenance workers, and office employees.
323429-42-vol. 26-46
710 DECISIONS OF' NATIONAL. LABOR .RELATIONS BOARD
(c) In ,any other manner interfering with , ,restraining , or, ,coercing
its 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 or other mutual aid
and protection , as guaranteed in ' Section 7 of the National Labor
Relations Act.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act: -
(a) Offer immediately to the employees named in Appendix A,
employment 'in their ' former or -stibstantial]y equivalent positions,
without prejudice to their 'seniority or'other rights and privileges.'
(b) 'Offer within sixty. (60) 'days ' from the date of the execution of
this Stipulation ; employment tO'th6Se employees named in Appe â–ºidix'
B;'without prejudice to'their seniority or other rights and privileges;
and in the event any person whose name appears oii'Appendix A
refuses the employment offered , offer that employment immediately
to a person whose name appears•on ' Appendix B.
' (c) Offer within ninety (90) days from the date of the 'execution of
this Stipulation employment to those employees named in Appendix
C',"without 'p'rejtidice to their seniority or'other rights 'and privilege's,
and in the' event any person whose name appears on Appendix''B
refuses the employment offered ,' offer that employment immediately
to a person whose name appears on Appendix C.
(d)' Place those employees named ' in Appendix D for whom employ-
ment is ' not immediately available, on a preferential list and offer
them employment without prejudice to their senniority or other rights
and privileges as such employment becomes available and before
other persons are hired . If any 'of the persons whose names appear
on Appendix ' C do not accept the employment offered , offer im-
mediately that employment to persons appearing on Appendix D.
(e), Pay to the Regional Director of the Fourteenth Region of the
National Labor Relations Board the 'sum' of twenty-five hundred
($2,500 ) dollars, to be distributed by her to those individuals named
on Appendices A, B, C and D, in such manner ' as she may direct, as
compensation for losses of earnings'which they may have suffered.
(f) Upon request,' bargain ' ' collectively with United Electrical,
Radio ' & Machine Workers ' of America , Local No . 1106, as the ex-
clusive representative : of its employees engaged in production ' work
and paid on an hourly -rate basis , excluding foremen , assistant fore-
men, ' watchmen, timekeepers , ' maintenance workers , - and' office
employees. ' , , r :, .. . , , . . 11. ' ' '
' (g) Post immediately 'notices to its employees in 'conspicuous
places 'throughout its plant'and ' maintain'such notices for a period of
at' least ' sixty ' (60)-days 1 from ' the''date of : posting, stating : ( 1) `that
BALDOR ELECTRIC COMPANY 711
respondent will not engage in the conduct from which it is ordered to
cease and desist in paragraphs 1 (a), (b) and, (p) of this order; (2)
that respondent will, take' the affirmative action set forth in para-
graphs 2 (a), (b), (c),' (d), (e) and (f) of this order; (3) that the
respondent's employee's aie free to become or remain members of
the United Electrical, Radio & Machine Workers of America, Local
No. 1106, and the respo'nd`ent will not discriminate against any em-
ployee because of membership or activity in that organization.
(h) Notify the Regional Director for the Fourteenth Region of the
National Labor Relations Board within ten (10) days of the slate of
the issuance of the order herein agreed to, and again between the
90th and the 100th day of the date of the issuance of the order_herein
agreed to, of the' steps, the respondent, Baldor Electric; Company,
has taken to comply herewith.
AND IT IS FURTHER ORDERED that the complaint, insofar as it
alleges that the respondent engaged :in' unfair labor practices, in
refusing to reinstate the persons named in Appendix E attached
hereto, be, and it hereby is, dismissed.
APPENDIX A
S. Salerno C. Hampel
J. Stark J. Barbaglia
C. Herman I. Fetsch
L. Schaefer L. Mead
H. Ludwig H. Eclienfels„
APPENDIX B
W. Ludwig 0. Hayner
H. Street L: Barbaglia •
L. Ronzio W. Ahrens
J. Ronzio H. Bremer
L. Vest M. Timpe
APPENDIX C
R. Donner C. Lavacki
H. Callison A. Cole
J. Pierron C. Kelly
F. Modica A. Gaterman
E. Klein R. Skillman
712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX D
W. Schellert
G. Curran
A. Loos
R.,St. Eve
L. Groh
E. Haas
A. Bechman
S. Wapelhorst
E. Grasshoff
E. Creed en
F. Stool
A. Wolff
C. Walker
J. Larson
W. Riley
F. Barr
M. Beckman
L. Couch
W. Heffernan
A. Matlock
E. Tyler
E. Moore
M. Hoffman
R. Kroupa
J. Brown 9
L. Schaefe°meier
APPENDIX E
R. Altshuh
A. Bertel
T. Eaton
E. Fiedler
L. Fox
W. Ftintrip
E. Gorman
0. Haring
R. Haukap
M. Heinz
W. Hermann
J. Imhof
W. Jenisch
W. Kubina
E. Kumpf
M. Lawrence
C. Martin
W. Pallmer
R. Platz
A. Raia
G. Rathbacker
L. Roberts
F. Salerno
C. Stege
H. Strassner
R. Wildeison
Q Designated in the complaint as Shurley Brown.