Cleveland Container Co.

National Labor Relations Board - Board Decisions

Jan 9, 1942

38 N.L.R.B. 103 (N.L.R.B. 1942)

In the Matter of CLEVELAND CONTAINER COMPANY and UNITED PAPER,
NOVELTY & Toy WORKERS INTERNATIONAL UNION (C. I. O.)
Case No. C-2032.-Decided January 9, 1942
Jurisdiction : container manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. Harry L. Lodish, of Cleveland, Ohio, for the Board.
Mr. W. F. Walker, of Cleveland, Ohio, for the respondent.
Mr. Robert Powell, of Cleveland, Ohio, for the Union.
Mr. Dexter Delony, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon an amended charge duly filed by the United Paper, Novelty
S Toy Workers International Union, affiliated with the C. I. 0., herein
called the Union, the National Labor Relations Board, herein called
the Board, by its Regional Director for the Eighth Region (Cleve-
land, Ohio) issued its complaint dated November 10, 1941, against
the Cleveland Container Company, Cleveland, Ohio, herein called the
respondent, alleging that the respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce within the mean-
ing of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
Copies of the complaint, accompanied by notice of hearing, were duly
served upon the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged in
substance : (1) that on various dates during and since July 1941, the
respondent discharged, locked out, or temporarily laid off 105 em-
ployees listed on appendix "A," attached hereto, because of their
membership in and activities on behalf of the Union; (2) that during
July 1941, the respondent, by its officers and agents, sponsored the
formation of the Mutual Benefit Association, herein called the Asso-
ciation, and since that time has dominated and interfered with the
38 N. L. R. B., No. 24.
103
104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
administration of the Association and has contributed financial or
other support to it; and (3) that by these and other specified acts, the
respondent interfered with, restrained, and coerced its employees in
the exercise of their rights guaranteed in Section 7 of the Act.
On November 10, 1941, prior to the scheduled hearing in the case,
the respondent, the Union, and an attorney for the Board, entered
into a stipulation, subject to the approval of the Board, in settlement
of the case. The stipulation provides as follows:
IT CIS HEREBY STIPULATED AND AGREED by and among Cleveland
Container Company (hereinafter called the Respondent), United
Paper, Novelty & Toy Workers International Union (C. I. 0.)
(hereinafter called the Union), and Harry L. Lodish, Regional
Attorney, Eighth Region, National Labor Relations Board, that:
I
Upon a charge duly filed by the Union, the National Labor
Relations Board (hereinafter called the Board) by the Regional
Director for the Eighth Region, acting pursuant to authority
granted ih Section 10 (b) of the National Labor Relations Act,
49 Stat. 449 (hereinafter called the Act), and pursuant to Article
II, Section 5 and Article IV, Section 1 of the National Labor
Relations Board Rules and Regulations, Series 2, as amended,
duly issued a Complaint and Notice of Hearing thereon on
November 10, 1941, against the Respondent.
II
The Respondent was incorporated under the laws of the State
of Ohio in 1923 and operates properties in the following cities :
Plymouth, Wisconsin; Chicago, Illinois; Detroit, Michigan;
Philadelphia, Pennsylvania; Milltown, New Jersey; New York,
New York; Long Island City, New York; and Cleveland, Ohio.
The Respondent also operates one wholly-owned subsidiary, Wil-
lard Paste & Glue Company, Brooklyn, New York.
The properties in Cleveland include No. 1 Plant at 10630 Berea
Road and No. 2 Plant at 6201 Barberton Avenue. Only the two
plants in Cleveland are involved in this proceeding.
No. 1 Plant purchases annually more than $100,000 worth of
raw materials, including chipboard, kraft paper, tin and glue.
More than 70-yo of such raw materials come to the plant from
points outside the State of Ohio. No. 1 Plant produces annually
more than $200,000 worth of various paper products. More than
50% of such products are shipped in interstate commerce to
points outside the State of Ohio.
CLEVELAND CONTAINER COMPANY 105
No. 2 Plant consists of three divisions : No-lap Abrasive Divi-
sion, Kraft Division, and Government Division. The raw mate-
rials used in the No-lap Abrasive Division amount to more than
$100,000 annually and all such materials come from points out-
side the State of Ohio. It produces a variety of abrasive prod-
ucts amounting to more than $100,000 in value annually, of which
more than 70% are shipped in interstate commerce to points
outside the State of Ohio. The Kraft Division uses annually
raw materials amounting to more than $50,000, all of which come
to the plant from points outside the State of Ohio. It produces
annually more than $100,000 worth of paper products, of which
more than 70% are sold in interstate commerce to points outside
the State of Ohio. The Government Division uses annually more
than $100,000 worth of chipboard, kraft paper, glue, asphalt,
paraffin and tin, of which more than 70% come to the plant from
points outside the State of Ohio. This division produces annually
more than $100,000 worth of fiber containers for shells and fuses.
Approximately 65% of these are shipped to the Ravenna Arsenal,
Ravenna, Ohio before being loaded and transported to other parts
of the United States. The remainder are presently being shipped
to Pennsylvania.
III
Respondent is engaged in commerce within the meaning of
Section 2 (6) of the Act.
IV
The Union and the Mutual Benefit Association are labor organ-
izations within the meaning of Section 2 (5) of the Act.
V
The Respondent has offered to persons listed on Appendix "A"
full reinstatement to their former positions, without prejudice
to their seniority and other rights and privileges and has made
whole the employees listed in Appendix "B" by payment to them
of the sums set forth opposite their names.
The Mutual Benefit Association has dissolved and ceased to
exist.
VI
All parties hereto expressly waive further pleadings, their right
to a hearing and to the making of Findings of Fact and Conclu-
sions of Law by the Board, as set forth in Section 10 (b) and (c)
of the Act.
106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VII
The Complaint, Notice of Hearing, and the Charge may be
filed with the Chief Trial Examiner of the National Labor Rela-
tions Board, together with this Stipulation, and shall constitute
the record in this case.
VIII
This Stipulation is subject to the approval of the National Labor
Relations Board, and, upon this Stipulation being approved by it,
the said Board may enter an Order to the following effect :
1. The Respondent, its officers, agents, successors and assigns
shall cease and desist from :
(a) Circulating or permitting the circulation of statements
calculated to influence its employees not to join or form labor
organizations of their own choice.
(b) In any manner dominating or interfering with the admin-
istration of Mutual Benefit Association, or dominating or inter-
fering with the formation or administration of any other labor
organization of Respondent's employees.
(c) Discouraging its employees from designating their own
representatives for the purposes of collective bargaining.
(d) Discouraging membership in United Paper, Novelty & Toy
Workers International Union (C. I. 0.) or in any other labor
organization of its employees by discharging or refusing to re-
instate any of its employees, or in any other manner discriminat-
ing in regard to their hire or tenure of employment, or any term
or condition of their employment.
(e) In any other manner interfering with, restraining or
coercing employees in the exercise of their right of 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 purposes of collective bar-
gaining or other mutual aid or protection, as guaranteed in
Section 7 of the National Labor Relations Act.
2. The Respondent, its officers, agents, successors or assigns
shall take the following affirmative action which will effectuate
the policies of the National Labor Relations Act.
(a) Inform all of its officers and agents, together with all others
employed in a supervisory capacity that they shall not in any
manner interfere with, restrain or coerce 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 purposes of collective bargaining or other mutual aid or
CLEVELAND CONTAINER- COMPANY 107
protection as guaranteed in Section 7 of the National Labor
Relations Act.
(b) Post immediately in conspicuous places at its plants Nos.
1 and 2 in Cleveland, Ohio, and maintain for a period of at
least sixty (60) consecutive days from the date of posting notices
to its employees, copy of which notice is attached hereto and
marked Appendix "C".
(c) Notify the Regional Director for the Eighth Region, in
writing, within ten (10) days from the date of this Order of
the steps the Respondent has taken to comply herewith.
IX
It is further stipulated and agreed that any appropriate Circuit
Court of Appeals in the United States may, upon application by
the Board, enter its decree enforcing the Order of the Board in
the form above set out. Respondent waives its rights to contest
the entry of any such decree and its rights to receive notice of the
filing of the application for the entry of such decree.
X
This Stipulation contains the entire agreement between the
parties, there being no agreement of any kind, verbal or other-
wise, which varies, alters or adds to this Stipulation.
XI
This Stipulation shall be of no force and effect unless and
until approved by the Board and if not approved by the Board
none of the statements recited hereinabove may be used as evidence
in any proceeding before the Board.
On December 17, 1941, the Board issued an order approving the
stipulation, making it a part of the record, and pursuant to Article
II, Section 36, of the National Labor Relations Board Rules and
Regulations-Series 2, as amended, transferred the proceeding to the
Board for the purpose of entry of a decision and order 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
I. THE BUSINESS OF THE RESPONDENT
Cleveland Container Company, an Ohio corporation, operates prop-
erties in the following cities: Plymouth, Wisconsin; Chicago, Illinois;
108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Detroit, Michigan; Philadelphia, Pennsylvania; Milltown, New Jer-
sey; New York, New York; Long Island City, New York; and Cleve-
land, Ohio. The properties in Cleveland include No. 1 Plant and No.
2 Plant. Only the two plants in Cleveland are involved in this
proceeding.
No. 1 Plant purchases annually more than $100,000 worth of raw
materials, including chipboard, kraft paper, tin and glue. More than
70 percent of such raw materials come to the plant from points outside
the State of Ohio. No. 1 Plant produces annually more than $200,000
worth of various paper products. More than 50 percent of such
products are shipped in interstate commerce to points outside the
State of Ohio.
No. 2 Plant consists of three divisions: No-lap Abrasive Division
Kraft Division, and Government Division. The raw materials used
in the No-lap Abrasive Division amount in value to more than $100,000
annually and all such materials come from points outside the State
of Ohio. It produces a variety of abrasive products amounting to
more than $100,000 in value annually, of which more than 70 percent
are shipped in interstate commerce to points outside the State of Ohio.
The Kraft Division uses annually raw materials amounting to more
than $50,000, all of which come to the plant from points outside the
State of Ohio. It produces annually more than $100,000 worth of
paper products, of which more than 70 percent are sold in interstate
commerce to points outside the State of Ohio. The Government Divi-
sion uses annually more than $100,000 worth of raw materials of which
more than 70 percent come to the plant from points outside the State
of Ohio. This division produces annually more than $100,000 worth
of fiber containers for shells and fuses. Approximately 65 percent
of these are shipped to the Ravenna Arsenal, Ravenna, Ohio, before
being loaded and transported to other parts of the United States.
The remainder are presently being shipped to Pennsylvania. As set
forth in the stipulation above, the respondent concedes that it is
engaged in interstate commerce within the meaning of the Act.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact and stipulation, and
the entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board hereby
orders that the Cleveland Container Company, its officers, agents,
successors , and assigns , shall:,
CLEIVELAND CONTAINER COMPANY 109
1. Cease and desist from :
(a) Circulating or permitting the circulating of statements calcu-
lated to influence its employees not to join or form labor organizations
of their own choibe.
(b) In any manner dominating or interfering with the administra-
tion of Mutual Benefit Association, or dominating or interfering with
the formation or administration of any other labor organization of
Respondent's employees.
(c) Discouraging its employees from designating their own repre-
sentatives for the purposes of collective bargaining.
(d) Discouraging membership in United Paper, Novelty & Toy
Workers International Union (C. 1. 0.) or in any other labor organiza-
tion of its employees by discharging or refusing to reinstate any of its
employees, or in any other manner discriminating in regard to their
hire or tenure of employment, or any term or condition of their
employment.
(e) In any other manner interfering with, restraining or coercing
employees in the exercise of their right of self-organization, to form,
join or assist labor organizations to bargain' collectively through repre-
sentatives of their own choosing and to engage in concerted activities
for the purposes of collective bargaining or other mutual aid or protec-
tion, as guaranteed in Section 7 of the National Labor Relations Act.
2. The Respondent, its officers, agents, successors or assigns shall take
the following affirmative action which will effectuate the policies of the
National Labor Relations Act.
(a) Inform all of its officers and agents, together with all others
employed in a supervisory capacity that they shall not in any manner
interfere with, restrain or coerce 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 purposes of collective bar-
gaining or other mutual aid or protection as guaranteed in Section 7
of the National Labor Relations Act.
(b) Post immediately in conspicuous places at its plants Nos. 1 and
2 in Cleveland,, Ohio, and maintain for a period of at least sixty (60)
consecutive days from the date of posting notices to its employees, copy
of which notice is attached hereto and marked Appendix "C".
(c) Notify the Regional Director for the Eighth Region, in writing,
within ten (10) days from the date of this Order of the steps the
Respondent has taken to comply herewith.
110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A
Jacqueline Fazio
Betty Smith
Elma Wischmeier
Ann Anthony
Ruth Pfarr
Jean Fraschetti
Richard Dieckhoner
Michael Savana
Clifford J. Ruzza
Albert Janowitz
Wm. W. Rice
Lillian Ronczka
Stella Ronczka
Frank Ammer
Albert Butler
Steve Caban
Jan Calfee
Leroy Calvert
Lester Cook
Carl Bohly
Sam Gouge
William Gray
Charlie Moore
Henry Norris
Nick Paglia
Dee Samples
Festus Talley
William Talley
William Horsfall
Hubert Jenkins
Richard Kelly
William Vasko
Joseph Storer
Helen Alexsovitch
Stella Aniuk
Ellen Bloom
Catherine Borrelli
Anna Bouchines
Celia Bednar
Leonora Bernadine
Mary Brasdovich
Victoria Buzinski
Zola Buckner
Carroll Campbell
Therese Cvelbar
Margaret Dare
Ann Dolence
Arline Dommin
Catherine Dooley
Philomena Duns
Anna Chilcott
Katherine Davidson
Anna Dienes
Thelma Elliott
Pearl Elto
Mary English
Catherine Folmer
Anna Franz
Mary Gladys
Mary Galehouse
Mary Gallucci
Hazel Oestreich
Mary Pacevicz
Darleen Peters
Wanda Peters
Julia Rashi
Harriett Romano
Mary Rankin
Alma Schlegel
Ann Skerli
Nettie Slisz
May Steppenbacker
Bessie Steputis
Olive Storch
Helen Thompson
Virginia Turner
Arlouine Tagliaferro
Katherine Uhler
Irene Hale
Marian Hawkins
Cecelia Hlavaty
Ouida Harrison
Dorothy Hoag
Mary Jacobs
CLEVELAND CONTAINER COMPANY 111
Margaret Jeric
Elsie Kennelly
Markaret Koepf
Mildred Kassel
Margaret Katona
Helen Kreysler
Katherine Kelly
Mabel Kilbane
Margaret Lorence
Doris McDermot
Isabell Mamm
Arlene Matowitz
Mary Merholz
Ritz Merholz
Helen Miranda
Clara Vajda
Ann Wheaton
Anna Wodisz
Louella Zeller
Celia Zurowski
Kyle Scott
APPENDIX B
Lillian Ronczka____________________________ $110.16
Stella Ronczka______________________________ 110.16
Richard Dieckhoner_________________________ 153.00
APPENDIX C
NOTICE TO EMPLOYEES
Pursuant to a stipulation made and entered into by and among
Cleveland Container Company, United Paper, Novelty & Toy Work-
ers International Union (C. I. 0.), and the Eighth Regional Office
of the National Labor Relations Board, providing for the entry of
an order by the Board and a decree by an appropriate Circuit Court
of Appeals, the Company hereby notifies you that:
1. The Company guarantees to each of its employees the rights
set forth in the National Labor Relations Act as follows:
"Section 7. Employees 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 bar-
gaining or other mutual aid or protection."
2. The Company will not interfere with, restrain, or coerce
employees in the exercise of these rights. Its officers and agents
will not make speeches or in any other manner attempt to per-
suade employees not to exercise these rights.
3. The Company will not dominate or interfere with the for-
mation or administration of any labor organization or contribute
financial or other support to it. You are hereby advised that
the Mutual Benefit Association has ceased to function as a labor
organization, and the Company will not inspire the formation
of any successor organization.
112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The Company will not discharge or in any manner dis-
criminate against employees because of membership in or activi-
ties in behalf of any labor organization.
5. The Company will bargain collectively with employees, sub-
ject to provisions of Section 9 of the National Labor Relations
Act. The Company will cooperate in the holding of an election
to be conducted by the National Labor Relations Board to deter-
mine which organization, if any, the employees desire to repre-
sent them for purposes of collective bargaining. The Company
will bargain in good faith with any labor organization which as
a result of the election may be certified by the Board.
6. Superintendents, foremen and other supervisory employees
are hereby instructed that the policy of the company is as stated
above and they are not to say anything or do anything which
would give any employee any impression to the contrary.
7. All employees of the Company are hereby instructed that
this notice is not to be removed, defaced, or hidden by other
objects in any manner, and that this notice is to remain posted
for a period of sixty (60) consecutive days from this date.
CLEVELAND CONTAINER COMPANY,
By
Dated this - day of January, 1942.