Byron-Jackson Co.

National Labor Relations Board - Board Decisions

Mar 30, 1940

22 N.L.R.B. 479 (N.L.R.B. 1940)

In the Matter of BYRON-JACKSON Co., A CORPORATION and STEEL
WORKERS ORGANIZING COMMITTEE
Case No. C-377
ORDER VACATING ORDER
AND
SUBSTITUTING MODIFIED ORDER
March 30, 1940
On March 15 , 1939, the National Labor Relations Board, herein
called the Board , Issued a Decision and Order in the above -entitled
proceeding .' On February 28, 1940, Byron-Jackson Co., a corpora-
tion, Steel Workers Organizing Committee , and a representative of
the Board entered into the following stipulation :
STIPULATION
The National Labor Relations Board, having entered its De-
cision and Order on March 15, 1939 in the above-entitled matter,
the respondent having contended that the said order is erroneous
in fact and law, but the Board having disagreed with said con-
tention, and it being the desire of the parties hereto to dispose
of the platters involved, by mutual agreement and without any
court order of enforcement :
It is hereby stipulated and agreed by and between the Byron-
Jackson Co., a corporation, respondent herein, by its attorney,
Paul R. Watkins; Steel Workers Organizing Committee, party
herein ; and Weldon P. Monson, Attorney for the National Labor
Relations Board, that, upon all the proceedings heretofore had
in this matter and more fully described in the Decision and Order
of the Board herein, and on the record in this case, and on all the
pleadings, and on the findings of fact, conclusions of law,
Decision and Order entered by the Board on March 15, 1939:
I. If approved by the Board, the said Order shall be modified
to read as follows :
111 N. L. R B 1142.
22 N L R. B, No. 21.
479
480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Respondent, Byron-Jackson Co., a corporation, its officers,
agents, successors, and assigns shall :
1. Cease and desist from :
(a) Discouraging membership in Steel Workers Organizing
Committee or any other labor organization of its employees, by
discharging, laying off, or refusing to reinstate any of its em-
ployees, or in any other manner discriminating in regard to their
hire and tenure of employment or any term or condition of their
employment ;
(b) 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 bar-
gain collectively through representatives of their own choosing,
and to engage in concerted activities for the purpose of collective
bargaining and other mutual aid or protection as guaranteed
in Section 7 of the National Labor Relations. Act.
2. Take the following affirmative action winch the Board finds
will effectuate the policies of the Act.
(a) Mike whole William Burstall by payment to him of the
suns of One Hundred ($100,000) Dollars, which shin is in full
satisfaction of tie amount he would have earned but for his
lay off on May 14, 1937, to the date of his reinstatement on June
24, 1937, less net earnings during said period; and make whole
William Jones by payment to him of the sum of One Hundred
and Two ($102.00) Dollars, which sum is in full satisfaction of
the amount lie would have earned but for his lay off on May 14,
1937, to the date of his reinstatement on June 28, 1937, less net
earnings during said period.
(b) Post immediately, and in conspicuous places in its Vernon
plant,,notices in the form of Exhibit "A" attached hereto and
made a part hereof, and maintain such notices for a period of
at least sixty (60) consecutive days from the date of posting.2
(c) Notify the Regional Director for the Twenty-First
Region in writing within ten (10) days from date of the entry
of this order what steps the respondent 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
within the meaning of Section 8 (1) and (3) of the Act by as-
signing Burstall to the night shift and by discharging Jones
on September 9, 1937, and in discharging Schuster, be and it
hereby is, dismissed.
2 The notice herein referred to appears as Exhibit "A" below.
BYRON-JACKSON CO. 481
II. And-it is further stipulated and agreed that the posting
of copies of the notice attached hereto as Exhibit "A" in conspic-
uous places in the respondent's Vernon plant,- shall constitute
compliance with Section 2 (b) of said Order.
III. And it is further stipulated and agreed that the sums
payable to William Burstall and William Jones, and each of
them, shall be payable immediately upon the approval of this
stipulation by the Board.
IV. And it is further stipulated, understood, and agreed that
the respondent is bound by said Order, and this stipulation, and
will comply fully therewith.
V. And it is further stipulated, understood, and agreed that
this stipulation embodies the entire agreement between the
parties and that there is no verbal agreement of any kind which
varies, alters, or adds to this stipulation.
VI It is further understood and agreed that this stipulation
shall not become effective until approved by the National Labor
Relations Board, and that it shall become effective and binding
upon such approval.
VII. It is further understood and agreed that neither the
Board nor any party to this stipulation will, directly or indi-
rectly, at any time petition or request that any court enforce or
review the original order herein dated March 15, 1939.
VIII. It is further understood and agreed that unless the re-
spondent violates said modified order specified in paragraph I
hereof, neither the National Labor Relations Board nor any party
to this stipulation will, directly or indirectly, at any time, peti-
tion or request that any court enforce or review said modified
order. In the event, however, that respondent violates said
modified order, then the Board may seek enforcement of said
modified order; it being specifically understood and agreed that
in such event this stipulation shall not be deemed or construed
as a consent of the entry of any such order by said court, but
the respondent shall have the right to contest such petition or
request and shall have the right of review on any and all mat-
ters raised by such petition.
On March 7, 1940, the Board approved the above stipulation and
ordered it made a part of the record herein.
Upon the basis of the above stipulation, the pleadings, the record,
and the findings of fact and conclusions of law hereinbefore made,
and pursuant to Section 10 (d) and (c) of the National Labor Rela-
tions Act, 49 Stat. 449, the National Labor Relations Board hereby
vacates the Order issued herein on March 15, 1939, and orders that
482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the following modified Order be, and it hereby is, substituted in lieu
thereof :
"The National Labor Relations Board hereby orders that the
respondent , Byron-Jackson Co., a corporation , its officers , agents,
successors , and assigns shall:
1. Cease and desist from :
(a) Discouraging membership in Steel Workers Organizing
Committee or any other labor organization of its employees, by
discharging , laying off , or refusing to reinstate any of its em-
ployees, or in any other manner discriminating in regard to
their hire and tenure of employment or any term or condition
of their employment :
(b) In any other manner interfering with, restraining, or co-
ercing its employees in the exercise of their rights to self -organi-
zation, 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 bar-
gaining and other mutual aid or protection as guaranteed in
Section 7 of the National Labor Relations Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act:
(a) Make whole William Burstall by payment to him of the
sum of One Hundred ($100.00 ) Dollars, which sum is in full
satisfaction of the amount he would have earned but for his, lay
off on May 14, 1937, to the date of his reinstatement on June 24,
1937 , less net earnings during said period ; and make whole Wil-
liam Jones by payment to him of the sum of One Hundred and
Two ($102.00 ) Dollars, which sum is in full satisfaction of the
amount he would have earned but for his lay off on May 14, 1937,
to the date of his reinstatement on June 28 , 1937, less net earn-
ings during said period.
(b) Post immediately , and in conspicuous places in its Ver-
non plant, notices in the form of Exhibit "A" attached hereto
and made a part hereof, and maintain such notices for a period
of at least sixty ( 60) consecutive days from the date of posting.
(c) Notify the Regional Director for the Twenty-First
Region in writing within ten (10 ) days from date of the entry
of this order what steps the respondent 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
within the meaning of Section 8 (1) and (3) of the Act by as=
signing Burstall to the night shift and by discharging Jones on
BYRON-JACKSON CO. 483
September 9, 1937, and in discharging Schuster , be and it hereby
is, dismissed."
EXHIBIT "A"
Notice to Employees:
The employees in this plant shall have the right to self-organiza-
tion, to form , join, or assist labor organizations , to bargain col-
lectively through representatives of their own choosing , and to engage
in concerted activities for the purpose of collective bargaining or
other mutual aid or protection . The union affiliation of the em-
ployees of this Company is their own affair and any of the employees
of this Company can join or refuse to join any labor organization
they see fit , and the Company will not interfere with that right and
will not discriminate in regard to hire or tenure of employment, or
any term or condition of employment , whether an employee belongs
to a union or not.
Dated - -------------------, 1940.
BYRON -JACKSON CO.
By ------------------