Carbola Chemical Co., Inc.

National Labor Relations Board - Board Decisions

Oct 30, 1937

3 N.L.R.B. 947 (N.L.R.B. 1937)

In the Matter of CARBOLA CHEMICAL COMPANY, INC. and TALC
WORKERS UNION No. 20821, AFFILIATED WITH THE AMERICAN FED-
ERATION OF LABOR
Case No. C-264-Decided October 30, 1937
Mining; Limestone Products Manufacturing ; Chemical Industry-Settlement:
agreement to comply with Act-Order : entered on stipulation.
Mr. Peter J. Crotty and Mr. Gerhard Van Arkel, for the Board.
Mr. Edward J. Welch, of New York City, for the respondent.
Mr. John J. Walsh, of Utica, N. Y., for the Union.
Mr. J. Mark Jacobson, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a charge and an amended charge duly filed upon behalf of
Talc Workers Union No. 20821, American Federation of Labor, herein
called the Union, by Michael Walsh, organizer for the American
Federation of Labor, the National Labor Relations Board, herein
called the Board, by its Regional Director for the Third Region
(Buffalo, New York), issued and duly served its complaint on Sep-
tember 27, 1937, against Carbola Chemical Company, Inc., Natural
Bridge, New York, the respondent herein, alleging that the respond-
ent had engaged in and was engaging in unfair labor practices af-
fecting commerce, within the meaning of Section 8 (1), (3), and (5),
and Section 2 (6) and (7) of the National Labor Relations Act, 49
Stat. 449, herein called the Act.
In respect to the unfair labor practices, the complaint in substance
alleged that the respondent discharged or laid off John Baker and
Harold V. Lobdell on or about July 16 and 20, 1937, respectively, and
refused to reinstate them, because of their membership and activity
in the Union; that since on or about July 13, 1937, the respondent has
urged, persuaded, and warned its employees to refrain from becom-
ing or remaining members of the Union; that the employees of the
respondent engaged in its mining, milling, and print shop constitute
,a unit appropriate for the purposes of collective bargaining; that on
or about July 13, 1937, a majority of such unit designated the Union
947
948 NATIONAL LABOR RELATIONS BOARD
as their representative for purposes of collective bargaining with the
respondent; that the respondent has at all times refused to bargain
collectively with the Union as the exclusive representative of all the
employees in said unit; and that the aforesaid acts of the respondent
constitute unfair labor practices affecting commerce within the mean-
ing of Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the
Act.
The respondent, in its answer filed in accordance with a stipulation
extending its time to answer until October 10, 1937, expressly ad-
mitted the allegations of the complaint relative to the business of the
respondent and to its "constituting a continuous flow of commerce
among the several States", but denied the essential allegations of
unfair labor practices. During the hearing the respondent stipulated
and admitted facts concerning its business, including among others
that about one-third of its raw material is received from points out-
side the State of New York, that about one-half its products are
shipped to points outside the State of New York, that substantially
all its raw materials and finished products are carried by railroad,
and that it maintains a direct rail-siding to its plant with the New
York Central Railroad.
Pursuant to notice, George Bokat, duly designated by the Board
as Trial Examiner, conducted hearings at Carthage, New York, on
October 14, 1937. On October 14, 1937, during the hearing, the
respondent signified its consent to the issuance of an order by the
Board, in the terms stated below, and this was agreed to by all
parties to the proceeding.
ORDER
On the basis of the above consent, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the respondent, Carbola Chemical Com-
pany, Inc., and its officers, agents, successors, and assigns, shall:
1. Cease and desist :
a. From interfering with, restraining, or coercing its employees
in the exercise of the rights guaranteed in Section 7 of the National
Labor Relations Act;
b. From discharging or threatening to discharge any employee
because of his membership in or affiliation with the Talc Workers
Union, Local 20821, or any other labor organization;
c. From refusing to bargain collectively upon request with the
Talc Workers Union, No. 20821, by its authorized representative,
concerning wages, hours, and working conditions of its production
and maintenance employees at Natural Bridge, New York, plant,
engaged in production work, except clerical and supervisory
employees.
DECISIONS AND ORDERS 949
2. Take the following affirmative action to effectuate the policies
and purposes of the National Labor Relations Act :
a. Offer to Harold B. Lobdell immediate reinstatement to his
former position, with all rights and privileges, including seniority
rights, previously enjoyed by him;
b. Pay to Harold B. Lobdell an amount equal to that which he
normally would have earned in the above named employment, minus
any amount earned by him in the meantime, it being agreed between
the parties that the said sum is equal to $50;
c. Place John Baker's name upon a preferential list for employ-
ment by the Company, said John Baker to be employed by the Com-
pany whenever a vacancy occurs or work is available in the depart-
ment in which he was formerly employed;
d. Post a notice in a conspicuous place in its plant, embodying the
terms of the cease and desist order above set out, said notice to remain
posted for a period of not less than thirty (30) days from the date
of an entry of an order by the Board in the above form;
e. Enter into negotiations in good faith with the Talc Workers
Union, Local No. 20821, by its duly authorized representative, as the
exclusive representative of its production and maintenance employees,
excluding the clerical and supervisory employees, looking toward the
making of an agreement covering the wages, hours, and working
conditions of its production and maintenance employees, excluding
supervisory and clerical employees, within ten days from the date of
the entry by the Board of this order;
f. Notify the Regional Director for the Third Region of the Na-
tional Labor Relations Board that the above order has been com-
plied with, within five days from the date of the compliance with
this order.
49446-38-vol. nt-61