18 N.L.R.B. 645 (N.L.R.B. 1939)

C. A. Lund Co.

National Labor Relations Board - Board DecisionsDec 22, 1939

18 N.L.R.B. 645 (N.L.R.B. 1939)

In the Matter of C . A. LIIND COMPANY and NOVELTY WORKERS UNION, LOCAL 1866 (A. F. OF L .) SUCCESSOR In the Matter of CHRISTIAN A . LUND, DOING BUSINESS AS C. A. LIIND COMPANY AND NORTHLAND SKI MANUFACTURING COMPANY, A COR- PORATION and WOODENWARE WORKERS UNION, LOCAL 20481 Cases Nos. C-233 and C-234, respectively.Decided December 22,1939 Sporting and Athletic Goods Manufacturing Industry-Settlement : stipulation disposing of all issues remaining by virtue of the decree of the Court remanding the case to the Board-Order: entered on stipulation. Mr. Tlturlow Smoot, for the Board., Mr. John Janosco, of Minneapolis , Minn., for the Union. Mr. Sidney Sugerman, of counsel to the Board. ORDER On April 5, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Order in these cases.' In its Decision the Board found, among other things, that a strike of employees, which was still in progress at the time of the hearing, had been caused by certain unfair labor practices of the respondents, Christian A. Lund, doing business as C. A. Lund Company, and Northland Ski Manu- facturing Company, a corporation. The Board ordered the respondent, Christian A. Lund, doing busi- ness as C. A. Lund Company, among other things, to take the follow- ing affirmative action, which the Board found would effectuate the policies of the National Labor Relations Act, 49 Stat. 449, herein called the Act : 6. (c) Upon application, offer to those of his employees who were on the pay roll on March 25, 1937, and who went on strike, immediate and full reinstatement to their former positions, with- out prejudice to their seniority or other rights or privileges, dis- missing, if necessary, all persons hired for the first time since March 25, 1937; 16 N. L. R . B. 423. The Decision and Order also disposed of Matter of C. A. Lund Company and Northland Ski Manufacturing Company and Woodenware Workers Union, Local 20481, Case No. R-204, a representation case which had been consolidated with the complaint cases for the purposes of bearing . On November 28, 1939, the Board ordered the severance of the representation case from the complaint cases. 18 N. L. R. B., No. 77. 645 646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (d) Make whole all of his employees who were on the pay roll on March 25, 1937, for any loss they may suffer by reason of any refusal of their application for reinstatement in accordance with paragraph 6 (c) herein, by payment to each of them of a sum equal to that which 'he would normally have earned as wages during the period from the date of any such refusal of his appli- cation to the date of reinstatement, less the amount, if any, which he earned during said period. The Board also ordered the respondent, Northland Ski Manufac- turing Company, among other things, to take the following affirmative action, which the Board found would effectuate the policies of the Act : 7. (a) Upon application, offer to those of its employees who were on the pay roll on April 14, 1937, and who went on strike, immediate and full reinstatement to their former positions, with- out prejudice to their seniority or other rights or privileges, dis- missing, if necessary, all persons hired for the first time since April 14, 1937; (b) Make whole all of its employees who were on the pay roll on April 14, 1937, for any loss they may suffer by reason of any refusal of their application for reinstatement in accordance with paragraph 7 (a) herein, by payment to each of them of a sum equal to that which he would normally have earned as wages dur- ing the period from the date of any such refusal of his application to the date of reinstatement, less the amount, if any, which he earned during said period. On May 10, 1939, the United States Circuit Court of. Appeals for the Eighth Circuit, herein ' called the Court, having reviewed the Board's order on petition for enforcement under the provisions of Section 10 (e) of the Act, rendered an opinion 2 and entered a decree that the respondents should comply with all the provisions of the Board's order, except paragraphs 6 (c) and (d) and 7 (a) and (b) set forth above, and that the cause be remanded to the Board "to take such relevant testimony as the parties may offer upon the question of the reinstatement of the employees who went on strike, and to make findings of fact and to enter such order thereon as the facts and the law warrant." On September 28, 1939, the Board issued an order directing a hear- ing pursuant to the decree of the Court, and directing that the Trial Examiner to be designated for that purpose prepare an Intermediate Report pursuant to Article II, Section 37, of National Labor Relations Board Rules and Regulations-Series 2. On November 25, 1939, the 2 National Labor Relations Board v. Christian A. Lund, doing business as C. A. Lund Company and Northland Ski Manufacturing Company, 103 F. (2d) 815. -C. A. LUND' 'COMPANY 647 Regional Director for the Eighteenth Region (Minneapolis, Min- nesota) duly issued a notice of hearing in the matter. On December 6, 1939, before any hearing was held, there was dock- eted with the Board a stipulation entered into by the respondents, Woodenware Workers Union, Local 20481, and the Board's attorney, disposing of all issues remaining by virtue of the decree of the Court remanding the case to the Board. The stipulation provides as follows : STIPUI4ATION WHEREAS the above matters came on for consolidated hearing before the National Labor Relations Board , hereinafter referred to as the Board, and the Board duly issued its Decision and Order in the premises directing the respondents therein , Chris- tian A . Lund , doing business as C. A . Lund Company, and Northland Ski Manufacturing Company, to take certain affirma- tive action in order to effectuate the purposes of the National Labor Relations Act, hereinafter referred to as the Act, and WHEREAS upon petition made by the Board to the United States Circuit Court of Appeals for the Eighth Circuit praying for the enforcement of its said order certain proceedings were had in said Court resulting in the order and decree of said Court enforc- ing in part the said order of the Board but excepting from said order and decree of enforcement the provisions of paragraphs 6 (c) and (d) and paragraphs 7 (a) and (b) of said order and remanding the case to the Board "to take such relevant testimony as*the parties may offer upon the question of the reinstatement of the employees who went on strike, and to make findings of fact and to enter such order thereon as the facts and the law warrant," and WHEREAS all provisions of said order of the Board which were enforced by said Court have been fully complied with by the respondents, and WHEREAS on the 28th day of September 1939 the Board issued an Order Directing Hearing Pursuant to Decree of Court and Directing that Trial Examiner Issue Intermediate Report, and, pursuant to said order, the Regional Director for the Eighteenth Region of the Board on the 25th day of November 1939 issued a Notice of Hearing , thereon, Now, THEREFORE , in order to dispose of all issues remaining by virtue of said decree remanding the case to the Board, IT IS HEREBY STIPULATED AND AGREED by and between Christian A. Lund , doing business as C. A. Lund Company, and Northland Ski Manufacturing Company, a corporation , respondents herein, Woodenware Workers Union , Local 20481, affiliated with the 283029-41-vol. 18-42 648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD American Federation of Labor, a party hereto, and Thurlow Smoot, attorney for the Board, that : I The strike at the Hastings, Minnesota, plant of the respondent Christian A. Lund, doing business as C. A. Lund Company, called on or about March 25, 1937, was terminated on or about July 30, 1937, and the strike at the plant of the respondent North- land Ski Manufacturing Company, called on or about April 14, 1937, was terminated on or about July 27, 1937. II The respondents, Christian A. Lund, doing business as C. A. Lund Company, and Northland Ski Manufacturing Company, waive their right to a hearing and the taking of testimony and making of findings of fact and conclusions of law by the Board, as set forth in Sections 10 (b) and (c) of the Act, and waive the issuance of an Intermediate Report by a Trial Examiner. III This Stipulation, together with the Order Directing Hearing Pursuant to Decree of Court and Directing that Trial Examiner Issue Intermediate Report and Notice of Hearing thereon may be filed with the Chief Trial Examiner of the Board in Washington. D. C., and when so filed shall constitute the record in this case. IV Upon this Stipulation, if approved by the Board, an Order may forthwith be entered by the Board providing as follows : 1. The respondent Christian A. Lund, doing business as C. A. Lund Company, his successors, agents, and assigns shall take the following affirmative action to effectuate the policies of the Act: Offer to Leo J. Kasel, Lorrin Hall, Harold Cernohaus, William Chandler, Calvin Andrist, Grover Hoffman, Frank Schabert, Marvin Sommers, Tom Sura, LaVern Cator, Raymond Hakseth, C. V. Markey, Raymond Stevens, Otto Poppehfuhs, Peter Becker, and Vincent Holzmer immediate and full reinstatement to their former positions without prejudice to their seniority or other rights and privileges, in so far as such positions are available or can be made available by dismissing, if necessary, all persons hired for the first time since March 25, 1937; and placing all such em- ployees whose former positions are not available and cannot be made available by dismissing employees hired for the first time since March 25, 1937, upon a preferential list for a period of one C. A. LUND COMPANY 649 year to be first offered employment by departments as their former positions become available, in the order of their respective plant seniorities as of March 25,1937; provided, however, that each such employee shall have filed with Christian A. Lund, doing business as C. A. Lund Company, his current post office address, and that no offer of employment under the provisions of this order shall be deemed to be held open for more than fourteen (14) days after communication thereof to such employee by registered mail, ad- dressed to such employee at the address so filed with the said Christian A. Lund within two weeks from the signing of this Stipulation. 2. The respondent Northland Ski Manufacturing Company, its successors, agents, and assigns shall take the following affirmative action to effectuate the policies of the Act: Offer to Leo J. Kasel, Lorrin Hall, Harold Cernohaus, William Chandler, Calvin Andrist, Grover Hoffman, Frank Schabert, Marvin Sommers, Tom Sura, LaVern Cator, Raymond Hakseth, C. V. Markey, Raymond Stevens, Otto Poppenfuhs, Peter Becker, and Vincent Holzmer or such of them as have not been offered re-employment pursuant to Paragraph IV-1 above immediate em- ployment in positions corresponding to positions formerly held by said persons ,at the plant of Christian A. Lund, doing business as C. A. Lund Company at Hastings, Minnesota, in so far as such positions are available or can be made available by dismissing, if necessary, all persons hired for the first time since April 14, 1937; and placing all of said persons for whom positions are not avail- able by dismissing employees hired for the first time since April 14, 1937, on a preferential list for a period of one year to be first offered employment as positions corresponding to positions for- merly held by said persons at the plant of Christian A. Lund, doing business as C. A. Lund Company at Hastings, Minnesota, become available; provided that (a) all persons regularly em- ployed by Northland Ski Manufacturing Company shall be (ex- cept for those hired for the first time since April 14, 1937) recalled to work prior to the said offer of employment to the persons named in this paragraph; (b) neither acceptance nor rejection of employ- ment at respondents' Northland Ski Manufacturing Company plant by the persons named in this paragraph shall preclude Christian A. Lund, doing business as C. A. Lund Company, from offering reinstatement to said persons, or each of them, at his Hastings, Minnesota, plant, pursuant to the method set forth in paragraph numbered IV. 1. above; and (c) each person named in this paragraph shall have filed with the respondent Northland Ski Manufacturing Company within two weeks from the signing of this Stipulation his current post office address, and no offer of 650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employment under the provisions of this order shall be deemed to be held open for more than fourteen (14) days after communica- tions thereof to such employee by registered mail, addressed to such employee at the address so filed with the respondent North- land Ski Manufacturing Company. IT IS AGREED AND STIPULATED by and between the parties hereto that the United States Circuit Court of Appeals for the Eighth Circuit may, upon application by the Board, enter its decree en- forcing the order of the Board. The respondents, Christian A. Lund, doing business as C. A. Lund Company, and Northland Ski Manufacturing Company, waive their right to contest the entry of any such decree and their right to receive notice of the applica- tion for the filing of such decree. IT IS FURTHER STIPULATED AND AGREED that this Stipulation sets forth the whole agreement of the parties with respect to the mat- ters contained herein, and that there is no other or further agree- ment, in writing or otherwise, which varies, alters, or adds to this Stipulation. On December 6,1939, the Board issued its order approving the above stipulation and making it a part of the record in the cases. ORDER Upon the basis of the above stipulation and the entire record in the cases, and pursuant to Section 10 (c) of the National Labor Relations Act, and in accordance with the afore-mentioned decree of the United States Circuit Court of Appeals for the Eighth Circuit, the National Labor Relations Board hereby orders that: 1. The respondent Christian A. Lund, doing business as C. A. Lund Company, his successors, agents, and assigns shall take the following affirmative action to effectuate the policies of the Act Offer to Leo J. Kasel, Lorrin Hall, Harold Cernohaus, William Chandler, Calvin Andrist, Grover Hoffman, Frank Schabert, Marvin Sommers, Tom Sura, LaVern Cator, Raymond Hakseth, C. V. Markey, Raymond Stevens, Otto Poppehfuhs, Peter Becker, and Vincent Holz- ner, immediate and full reinstatement to their former positions with- out prejudice to their seniority or other rights and privileges, in so far as such positions are available or can be made available by dis- missing, if necessary, all persons hired for the first time since March 25, 1937; and placing all such employees whose former positions are not available and cannot be made available by dismissing employees hired for the first time since March 25, 1937, upon a preferential list for a period of one year to be first offered employment by departments as their former positions become available, in the order of their respec- tive plant seniorities as of March 25,1937;r povided, however, that each C. A. LUND COMPANY 651 such employee shall have filed with Christian A. Lund, doing business as C. A. Lund Company, his current post office address, and that no offer of employment under the provisions of this order shall be deemed to be held open for more than fourteen (14) days after communication thereof to such employee by registered mail, addressed to such employee at the address so filed with the said Christian A. Lund within two weeks from the signing of the Stipulation hereinbefore set forth. 2. The respondent Northland Ski Manufacturing Company, its suc- cessors, agents, and assigns shall take the following affirmative action to effectuate the policies of the Act : Offer to Leo J. Kasel, Lorrin Hall, Harold Cernohaus, William Chandler, Calvin Andrist, Grover Hoffman, Frank Schabert, Marvin Sommers, Tom Sura, LaVern Cator, Raymond Hakseth, C. V. Markey, Raymond Stevens, Otto Poppenfuhs, Peter Becker, and Vincent Holz- mer, or such of them as have not been offered reemployment pursuant to Paragraph 1 above, immediate employment in positions correspond- ing to positions formerly held by said persons at the plant of Christian A. Lund, doing business as C. A. Lund Company at Hastings, Minne- sota, in so far as such positions are available or can be made available by dismissing, if necessary, all persons hired for the first time since April 14, 1937; and placing all of said persons for whom positions are not available by dismissing employees hired for the first time since April 14, 1937, on a preferential list for a period of one year to be first offered employment as positions corresponding to positions for- merly held by said persons at the plant of Christian A. Lund, doing business as C. A. Lund Company at Hastings, Minnesota, become available; provided that (a) all persons regularly employed by North- land Ski Manufacturing Company shall be (except for those hired for the first time since April 14, 1937) recalled to work prior to the said offer of employment to the persons named in this paragraph; (b) neither acceptance nor rejection of employment at respondents' North- land Ski Manufacturing Company plant by the persons named in this paragraph shall preclude Christian A. Lund, doing business as C. A. Lund Company, from offering reinstatement to said persons, or each of them, at his Hastings, Minnesota, plant, pursuant to the method set forth in paragraph numbered 1. above; and (c) each person named in this paragraph shall have filed with the respondent Northland Ski Manufacturing Company within two weeks from the signing of the Stipulation hereinbefore set forth,his current post office address, and no offer of employment under the provisions of this order shall be deemed to be held open for more than fourteen (14) days after com- munication thereof to such employee by registered mail, addressed to such employee at the address so filed with the respondent Northland Ski Manufacturing Company.