3 N.L.R.B. 168 (N.L.R.B. 1937)

Caloric Gas Stove Works

National Labor Relations Board - Board DecisionsJul 31, 1937

3 N.L.R.B. 168 (N.L.R.B. 1937)

In the Matter of CALORIC GAS STOVE WORKS and TOPTON FOUNDRY COMPANY, INC. and INTERNATIONAL MOLDERS' UNION OF NORTH AMERICA, LOCAL 114 Case No. C-198.-Decided July 31, 1937 Stove Manufacturing Industry-Settlement: agreement to comply with Act- Order: entered on stipulation. Mr. Samuel G. Zack and Mr. Norman F. Edmunds for the Board. Mr. Isaac Ash, of Philadelphia, Pa., and Mr. Albert M. Roth, for the respondents. Mr. William Potter Davis, Jr., of Philadelphia, Pa., for Caloric Gas Stove Works Employees Beneficial Association and Topton Foundry Employees Union. Mr. Howard Lichtenstein, of counsel to the Board. DECISION STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Molders' Union of North America, Local 114, herein called the Union, the National Labor Relations Board, herein called the Board, by Stanley W. Root, Regional Director for the Fourth Region (Philadelphia, Pennsylvania), issued and duly served its complaint dated June 18, 1937, against Caloric Gas Stove Works, Philadelphia, Pennsylvania,' and Topton Foundry Company, Inc., Topton, Penn- sylvania, the respondents herein, alleging that the respondents, in the operation of their plant at Topton, Pennsylvania, had engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Section 8, subdivisions (1), (2), (3), and (5) and Section 2, subdivisions (6) and (7) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. In respect to the unfair labor practices, the complaint in substance alleged that the respondents, in 1936, sponsored the formation of the Caloric Gas Stove Works Employees Beneficial Association, and in February 1937, the Topton Foundry Employees Union, both labor organizations within the meaning of Section 2, subdivision (5) of the Act; that at all times thereafter, the respondents have dominated I The record shows that the respondents , Nathan Klein , Gustav Klein, Harry W. Klein, Meyer Klein, and Julius Klein are co-partners doing business under the firm name or style of Caloric Gas Stove Works ; they maintain their general offices in Philadelphia, Penn- sylvania , and own all the stock of the Topton Foundry Company, Inc. 168 DECISIONS AND ORDERS 169 and interfered with the administration of these organizations and have contributed financial and other support thereto; that on Janu- ary 15, 1937, the respondents discharged, and have at all times since that date refused to reinstate 216 of their employees for the reason that they joined and assisted the Union, and engaged in concerted activities with other employees in the plant of the respondents at Topton, for the purposes of collective bargaining and other mutual aid and protection; that the respondents have at all times refused to bargain collectively with the Union as the representative of their production employees in their plant at Topton, although the Union had been certified on December 11, 1936, as the exclusive representa- tive of such employees by Stanley W. Root, Regional Director for the Fourth Region of the Board. On June 26, 1937, the respondents filed their answer denying the allegations of unfair labor practices but admitting that they are engaged in interstate commerce and are within the jurisdiction of the Board. Pursuant to notice, Henry J. Kent, duly designated by the Board as Trial Examiner, conducted a hearing at Allentown, Pennsylvania, commencing on July 8, 1937, in which all of the parties appeared by counsel, including the Caloric Gas Stove Works Employees Beneficial Association and the Topton Foundry Employees Union, whose motion to intervene was granted by the Trial Examiner. On July 21, 1937, during the hearing, the following stipulations were agreed upon by the Board, the Caloric Gas Stove Works and Topton Foundry Company, Inc., and were offered in evidence and made a part of the record without objection: It is hereby stipulated by and between counsel for the respec- tive parties : 1. The National Labor Relations Board may make findings that the respondents have engaged in unfair labor practices as alleged in the complaint issued by the Board on June 18, 1937, in the above entitled matter. II. It is further stipulated that the Board may enter a cease and desist order in this case to the following effect; The respondent shall : 1. Cease and desist from in any manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organiza- tions, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the pur- poses of collective bargaining or other mutual aid or protection, as guaranteed under Section 7 of this Act; 2. Cease and desist from threatening its employees with dis- charge if they engage in union activities and from carrying on 170 NATIONAL LABOR RELATIONS BOARD propaganda by the publication of newspaper advertisements, or otherwise against union activities in general and membership in the International Molders' Union of North America, affiliated with the American Federation of Labor in particular; from in any manner inducing and causing citizens, civic bodies or public officials and its supervisory and other employees to interfere with, restrain or coerce its employees in the exercise of the rights guaranteed in Section 7 of the Act; and from discouraging by any means membership in the International Molders' Union of North America or any other labor organization of its employees' choosing. 3. Cease and desist from in any manner dominating or inter- fering with the administration of the Caloric Gas Stove Works Employees Beneficial Association or the Topton Foundry Em- ployees Union or any other labor organization of its employees; from contributing financial aid or support to either of the said organizations; from recognizing or dealing in any manner with the Caloric Gas Stove Works Employees Beneficial Association or the Topton Foundry Employees Union or any group or com- mittee purporting to represent the said organizations; or from. forming or maintaining any groups or designating any individ- uals to act as the representatives of the employees for the pur- pose of collective bargaining respecting any of the terms or conditions of employment; 4. Cease and desist from refusing to bargain collectively with the International Molders' Union as the exclusive representative of all their employees except those engaged in supervisory or clerical capacities in respect to rates of pay, wages, hours of employment, and other conditions of employment. 5. Take the following affirmative action to effectuate the poli- cies and purposes of the National Labor Relations Act; (a) That the respondents will withdraw all recognition from the Caloric Gas Stove Works Employees Beneficial Association and the Topton Foundry Employees Union as the representa- tives of their employees or any of them for the purpose of deal- ing with the respondents concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment ; (b) That the respondents will post notices in conspicuous places about their plants or mills at Topton, Pa., stating that the Caloric Gas Stove Works Employees Beneficial Association and the Topton Foundry Employees Union are disestablished as the representatives of their employees or any of them for the purpose of collective bargaining and that the respondents will not extend any recognition to such organizations; the, said no- DECISIONS AND ORDERS 171 tices to remain posted for at least thirty (30) consecutive days from the date of posting; (c) That they will take every possible legal means to secure the surrender of the Charter of the Topton Foundry Employees Union and do everything in their power to secure its dissolution ; (d) That they will personally inform in writing the officers of the Topton Foundry Employees Union and the Caloric Gas Stove Works Employees Beneficial Association that the National Labor Relations Board has made a finding that these organiza- tions have been formed and administered in violation of the National Labor Relations Act and that they will not in any manner deal with or recognize such organizations; (e) That they will inform all of their officials and agents, including superintendents, foremen and other supervisory em- ployees that they shall not in any manner approach employees concerning, or discuss with the employees, the question of their labor affiliation or threaten employees in any manner because of their membership in any labor organization in general, or the International Molders' Union in particular; (f) That the National Labor Relations Board has made a finding that they will upon request, bargain collectively with the International Molders' Union of North America as the ex- clusive representative of all their employees at Topton except those engaged in supervisory or clerical capacities in respect to rates of pay, wages, hours of employment, and other conditions of employment; (g) That they shall offer to their 216 employees whose names appear on a list entitled "Appendix `A"' attached to the com- plaint above referred to, immediate, full and unconditional rein- statement to their former positions without prejudice to any rights and privileges previously enjoyed by them; it being agreed that the said 216 employees shall be offered reemployment on or before August 2, 1937. III. It is further stipulated that upon compliance with the order of the Board as aforesaid within 30 days after date of stipulation and upon notification to the Board of compliance with the terms of the order, the International Molders' Union will withdraw the charge and amended charge which it filed against the respondents herein on February 19, 1937, and June 11, 1937, and will request the Board to dismiss the complaint herein. ORDER On the basis of the above stipulation, and pursuant to Section 10, subdivision (c) of the National Labor Relations Act, the National 172 NATIONAL LABOR RELATIONS BOARD Labor Relations Board hereby orders. that the respondents, Caloric Gas Stove Works and Topton Foundry Company, Inc., a corporation, their officers, agents, successors and assigns shall: 1. Cease and desist : (a) From in any manner interfering with, restraining, or coercing their 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 con- certed activities for the purposes of collective bargaining or other mutual aid or protection, as guaranteed under Section 7 of the Act; (b) From threatening their employees with discharge if they engage in union activities and from carrying on propaganda by the publication of newspaper advertisements, or otherwise against union activities in general and membership in the International Molders' Union of North America, affiliated with the American Federation of Labor in particular; from in any manner inducing and causing citi- zens, civic bodies, or public officials, and their supervisory and other employees to interfere with, restrain, or coerce their employees in the exercise of the rights guaranteed in Section 7 of the Act; and from discouraging by any means membership in the International Molders' Union of North America or any other labor organization of their employees' choosing; (c) From in any manner dominating or interfering with the ad- ministration of the Caloric Gas Stove Works Employees Beneficial Association or the Topton Foundry Employees Union or any other labor organization of their employees; from contributing financial aid or support to either of the said organizations; from recognizing or dealing in any manner with the Caloric Gas Stove Works Em- ployees Beneficial Association or the Topton Foundry Employees Union or any group or committee purporting to represent the said organizations ; or from forming or maintaining any groups or desig- nating any individuals to act as the representatives of the employees for the purpose of collective bargaining respecting any of the terms or conditions of employment; (d) From refusing to bargain collectively with the International Molders' Union as the exclusive representative of all their employees except those engaged in supervisory or clerical capacities in respect to rates of pay, wages, hours of employment, and other conditions of employment. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Withdraw all recognition from the Caloric Gas Stove Works Employees Beneficial Association and the Topton Foundry Em- ployees Union as the representative of their employees or any of them for the purpose of dealing with the respondents concerning DECISIONS AND ORDERS 173 grievances, labor disputes, wages, rates of pay, hours of employ- ment, or other conditions of employment; (b) Post notices in conspicuous places about their plants or mills at Topton, Pennsylvania, stating that the Caloric Gas Stove Works Employees Beneficial Association and the Topton Foundry Em- ployees Union are disestablished as the representatives of their employees or any of them for the purpose of collective bargaining and that the respondents will not extend any recognition to such or- ganizations ; the said notices to remain posted for at least thirty (30) consecutive days from the date of posting; (c) Take every possible legal means to secure the surrender of the Charter of the Topton Foundry Employees Union and do every- thing in their power to secure its dissolution; (d) Personally inform in writing the officers of the Topton Foundry Employees Union and the Caloric Gas Stove Works Employees Beneficial Association that the National Labor Relations Board has made a finding that these organizations have been formed and administered in violation of the National Labor Relations Act and that they will not in any manner deal with or recognize such organ- izations ; (e) Inform all of their officials and agents, including superin- tendents, foremen, and other supervisory employees that they shall not in any manner approach employees concerning, or discuss 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 International Molders' Union in particular; (f) Upon request, bargain collectively with the International Molders' Union of North America as the exclusive representative of all their employees at Topton except those engaged in supervisory or clerical capacities in respect to rates of pay, wages, hours of employment, and other conditions of employment; (g) Offer to their 216 employees whose names appear on a list entitled "Appendix `A"', attached hereto and made a part of this order, immediate, full, and unconditional reinstatement to their former positions without prejudice to any rights and privileges pre- viously enjoyed by them; it being agreed that the said 216 em- ployees shall be offered reemployment on or before August 2, 1937. CHAIRMAN MADDEN took no part in the consideration of, the above Decision. APPENDIX "A" Allender, Robert Bauer , Clarence Behm , Irvin Bauer, David Boyer , Tillman Bechtel , William Bauer, Woodrow Bidlow , Arthur 174 NATIONAL LABOR RELATIONS BOARD APPENDIX "A"-Continued Bauman, Ernest Christman, Milton Cunnis, Albert Delong, Howard Delong, Charles Delong, Walter Doll, Ernest Gaby, Daniel Geist, Norman Holland, George Hilbert, Charles Boyer, Ralph Geist, Clarence D. Hilbert, Fred G. Heffner, Percy Helbert, Ernest Keiser, Paul J. Greenawald, Stanely Keiser, Howard Keller, Ernest Kenney, James Lehman, Abe Ahn, Irwin Behm, William Berstler, Milton Blank, Harold Boyer, David Burkert, Luther Bailey, John Bailey, Warren Carl, Harry R. Conrad, Ernest Dankle, Glenroy Deisher, Edna Delong, Alvin Delong, Jacob Geist, Elwood Greenawald, Willard Geist, Raymond Hilbert, Victor Heiter, Evelyn Delong, George Hilbert, John Hertzog, George Hilbert, Jared Keiser, Paul W. Keiser, Edwin Kerchner, Edwin Keiser, Katherine Keller, Harry Kunkle, George Miller, Curtis Moser, Charles Muth, Joseph Miller, Sylvester Miller, William R. Oswald, Claude O'Brein, Paul Roth, Paul Reinert, Harvey S. Reichert, Ernest Miller, Arthur Tworkoski, John Sheetz, Daniel Shoemaker, Robert Smith, John M. Westwood, Henry Shaner, Harvey Bachman, Calvin J. Werst, Arthur Warmuth, Arthur Lackner, Alfred Fisher, Charles Weidner, Elwood Reppert, Paul H. Werst, Raymond P. Raunzahn, George Blank, Morris Boyer, Paul Mengel, Wm. Mathew, Ervin Price, John Moyer, Paul Merkle, Percy H. Merkle, Harvey Nester, Russel Oswald, Raymond D. Reinert, Isiaiah Reinert, John Reppert, Harry Stump, Calvin Siegfried, Elda Rader, Raymond Rauenzahn, William P. Frederick, Lester Stofflet, George Schmalient, Frank Greenawald, Herman Seip, Paul Werst, William O. Geist, Harry W. Lackner , Bernard Fisher, Reynold Kratzer, Norman H. DECISIONS AND ORDERS APPENDIX "A"-Continued Vergey, Raymond Heffner, Clarence Reese, William Steffy, Ralph Heffner, Webster Derr, Leon Schleicha, Paul Weller, Emanuel Werst, Thomas Selfeis, Jennings Reinert, John R. Warmuth, Lawson Hoffman, Harvey Walbert, Clarence Shaner, Charles R. Schuler, James Delong, Raymond Delong, Daniel Miller, John J. Muthard, Henry Rothermel, George Stevens, Clifford Koch, Warren Heiter, Charles Brinzenhoff, Harold Heiser, Clifford Reinert, Fred Ahn, Byron Oswald, Henry Sechler, Harold Angstadt, Morris Delong, Elwood Szilli, Frank, Jr. Bachman, Ralph Alecander, Benjamin Bleiler, Thomas Christman, Ralph Delong, Francis Hertzog, John R. Heiser, Paul Hoanzel, Frank Moll, Ernest Kern, Sherwood Wack, William H. Long, John W. Kocher, Floyd Heffner, Paul Breinsinger, Nathan Hertzog, John Carl, Merlin Miller, Frank Heffner, Fred Conrad, Charles Hass, Wayne Croninger, George Bauer, Charles Nest, Rufus Moyer, Howard Rhode, Russell Wagner, James Wehr, Charles Bauman, Ralph Lantz, Paul Reifinger, Joseph Breisinger, Eugene Bohn, James Druckenmiller, Ralph Dry, Walter Eck, Earl Geist, Herbert A. Gambler, Russel Hilbert, Freemond Hertzog, Herbert Hilbert, Earl Kercher, Elmer Miller, Walter Moyer, Robert Oswald, Elmer Reichard, Wm., Jr. Reinert, Elmer Stoudt, John R. Schade, Edwin Sheemaker, Charles Snyder, Clarence Schauer, Howard Weller, Frank Fritz, Joseph Geist, Milton Henry, Boyd Hilbert, Earl F. Hilbert, George Hilbert, Lester Latschaw, Milton Miller, Harry Miller, Herbert Pilgert, Ralph Reifinger, Lloyd Reichard, Wm., Sr. Showalter, Roy Stump, Ira Smith, Walter Stettler, Samuel Trumbauer, Arthur Reichart, Adam 175