Cooper Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 28, 1942

42 N.L.R.B. 954 (N.L.R.B. 1942)

In the Matter of COOPER MAIQUFACTURING COMPANY and UNITED CON-
STRUCTION WORKERS ,ORGANIZING COMMITTEE, AFFILIATED WITH THE
C. I 0 and EMPLOYEES' ASSOCIATION No 1 OF MARSHALLTOWN, IOWA,
PARTY TO THE CONTRACT
Case No. C-2260 -Decided July 28, 1942
Jurisdiction : gasket manufacturing industry
Settlement • stipulation providing foi compliance NN ith the Act
Remedial Orders : entered on stipulation
Mr Harry Brownstein, for the Board
Mr Allyn R Cooper, of Marshalltown, Iowa, for the Company
Mr. Ben Henry, of Des Moines, Iowa, for the Union
Mr. John C Vavara, of Ferguson, Iowa, for the Employees' Asso-
ciation and Association No 1
Miss Melvern R Krelow, of counsel to the Board
DECISION
AND
ORDER
STATEMENT OF TIIE CASE
Upon charges and amended charges duly filed by United Construc-
tion Workers Organizing Committee, affiliated with the C I 0, herein
called the Union, the National Labor Relations Board, herein called
the Boai d, by the Regional Director for the Eighteenth Region (Min-
neapolis, Minnesota), issued its complaint dated June 17, 1942, and its
amended complaint dated June 23, 1942, against Cooper Manufactur-
ing Company, Marshalltown, Iowa, herein called the respondent, alleg-
ing that the respondent had engaged in and was engaging in unfair
labor practices affecting commerce , within the meaning 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 com-
plaint, accompanied by a notice of hearing, and copies of the amended
complaint were duly served upon the respondent, the Union, Em-
ployees' Association of Cooper Manufacturing Company, herein called
the Employees' Association, a labor organization alleged in the com-
plaint and amended complaint to have been dominated and supported
by the respondent, and Employees' Association No 1 of Marshalltown,
Iowa, herein called Association No 1, a labor organization alleged in
42 N L R B, No 180
954
COOPER MANUFACTURING COMPANY 935
the complaint and amended complaint to be the successor to the Em-
ployees' Association , and to be dominated and supported by the
respondent.
Concerning the unfair labor practices, the complaint , as amended,
alleged in substance that the respondent , through its officers, agents,
representatives and employees ( 1) on or about July 1, 1941 , at a time
when its employees engaged in concerted activity to gam an increase
in wages, questioned its employees as to the particular employees
responsible for initiating such concerted activities and threatened
said particular employees with disciplinary action for their activity
in this respect ; ( 2) on or about October 10, 1941, and thereafter, told
those employees that it would not pay union wages and that anyone
who belonged to the Union could not become oi remain an employee
of the respondent; (3) on or about January 5, 1942, kept under sur-
vveillance a union meeting for the purpose of determining who were
members of the Union in order to discourage membership therein;
(4) on or about January 5 , 1942, told its employees they should not
become members of the Union and should deal directly with the
respondent rather than through the Union; (5) on or about January
5, 1942, and thereafter , made statements and engaged in conversa-
tions and acts discouraging concerted activity by its employees and
discouraging membership in the Union, and encouraging membership
in the Employees' Association and Association No 1; (6) from about
January 6, 1942, to January 13, 1942, instigated, suggested, and
inaugurated the formation of the Employees' Association and there-
after contributed support to said Association; advised, urged, threat-
ened, and warned its employees to join the Employees' Association;
fostered , promoted, and encouraged the formation and growth thereof,
and dominated and interfered with the administiation of said Em-
ployees' Association; (7) on or about February 9, 1942, the date on
which the Employees ' Association was dissolved , instigated, sug-
gested, and inaugurated the foi mation of Association No. 1, and
thereafter contributed support to said Association No 1; advised,
urged, threatened , and warned its employees - to join Association No
1; fostered , promoted, and encouraged the formation and growth
thereof, and dominated and interfered with the administration of said
Association No. 1; (8) on or about February 20, 1942, entered into
an illegal collective bargaining contract with Association No. 1 as
bargaining agent for its employees; (9) discouraged membership in
the Union and encouraged membership in the Employees ' Associa-
tion and Association No. 1 by on or about January 6, 1942, discharg-
ing T . R Benson, Gertrude Melton, Helen Gill , Elizabeth Gill, Dean
Russie, and Ed Vanderah , and on or about January 8, 1942, Maurice
L., Forbes, and by refusing to reinstate said , employees' ,and ,each of
.them, until Febiuary 9, 1942, and by thereafter discriminating in
Z6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
their employment in that it refused to permit said employees and
each of them to work overtime, all because of their membership and
activity in the Union and because they engaged in concerted activities
with other employees for the purpose of collective bargaining and
other mutual aid and protection; (10) further discouraged member-
ship in the Union and encouraged membership in Association No 1
by again discharging, on or about February 26, 1942, Elizabeth Gill,
on or about February 28, 1942, Dean Russie, and on or about March
13, 1942, Ed Vanderah, and thereafter refusing to reinstate said em-
ployees, and each of them, because of their membership and activity
in the Union and because they engaged in concerted activities with
other 'employees for the purposes of collective bargaining and other
mutual aid and protection, and (11) by the foregoing acts interfered
with, restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act
On June 29, 1942, respondent filed an answer to the complaint and
to the amended complaint denying that the respondent had engaged
in the alleged unfair labor practices and setting forth certain affirma-
tive defenses I
Prior to a hearing, the respondent, the Union, the ' Employees'' Asso-
ciation, Association No 1, and counsel for the Board entered into a
stipulation dated July 7, 1942 in settlement of the case, subject to the
approval' of the Board This stipulation provides as follows-
It being the mutual desire of all parties hereto willingly and
amicably to adjust any differences that may have arisen among
them and to conclude all proceedings before the' National Labor
Relations Board in this matter.
IT IS HEREBY STIPULATED AND AGREED by and among the Cooper
Manufacturing Company, herein called the Company; United
Construction Workers Organizing Committee, affiliated with the
C I 0, herein called the Union; Employees' Association of
Cooper Mfg Co , herein called Employees' Association ; Employ-
ees' Association No 1 of Marshalltown, Iowa, herein called Asso-
ciation No 1; and -Harry Brownstein, attorney for the National
Labor Relations Board,
I
Upon charges and amended charges duly filed by the Union,
the National Labor Relations Board, hereinafter called the Board,
by its Regional Director for the Eighteenth Region, acting pur-
suant to authority granted in Section 10 (b) of the National
Labor Relations Act and Article IV, Section 1 of the National
Labor Relations Board Rules- and Regulations, Series 2, as
amended, duly issued its Complaint and Notice of Hearing on
June 17, 1942, and its Amended Complaint on June 23, 1942,
COOPER MANUFACTURING COMPANY 957
against respondent alleging that respondent had engaged, and
was engaging, in unfair labor practices affecting commerce within
the meaning of Section 8 (1), (2) and (3), and Section 2' (6)
and (7) of the Act
II
All parties hereto acknowledge due and timely- service of the
Complaint, Amended Complaint, Notice of Hearing, Order of
Continuance, and' Second Amended Charge and expressly waive
further pleadings, hearing, and the making of findings of fact
and conclusions of law by the Board.
III
Respondent is a corporation organized and existing by virtue
of the laws of the State of Iowa, having its principal office and
place of business at Marshalltown, Iowa, and is now engaged at
said place of business in the manufacture of gaskets, gasket mate-
rials and power lawnmowers.
Respondent, in the course and conduct of its business, causes,
and has continuously caused, a substantial part of its purchases
of raw materials and other goods consisting of steel, cork, paper
and gasoline engines to be purchased and transported in inter-
state commerce from, into, and through various and several States
of the United States other than Iowa to iespondent's place of
business in1owa.
During the year 1941 said purchases amounted in value to
approximately $200,000, approximately 90 per cent of which were
purchased and transported from sources outside of Iowa to respond-
ent's place of business within Iowa.
Respondent, in the course and conduct of its business, causes, and
has continuously caused a substantial part of its finished products,
consisting of gaskets, gasket materials and power lawnmowers to
be sold and transported in interstate commeice from its place of
business in Iowa to, through and into States of the United States
other than Iowa. During the year 1941, said sales of said finished
products amounted in value to approximately $400,000, approxi-
mately 90 per cent of which represented products sold and trans-
ported in interstate commerce from respondent's place of business
in Iowa to destinations outside of Iowa
IV
The Union and Association No 1 are labor organizations within
the meaning of Section 2 (5) of the Act Employees' Association
was a labor organization within the meaning of Section 2 (5) of the
Act. I
958 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V
The respondent asserts its denial that it has committed any
unfair labor practices as alleged in the Complaint or Amended
Complaint herein.
VI
This Stipulation for Settlement, together with the Second
Amended Charge; the Complaint; Notice of Hearing; proof of
service of the Complaint, .Second Amended Charge and Notice of
Hearing; the Amended Complaint and proof of service thereof;
Respondent's Motion for Extension of Time of Hearing, Order
of Continuance and proof of service thereof; and Respondent's
Answer to Complaint, Second Amended Charge and Amended
Complaint may be filed with the Chief Trial Examiner of the
National Labor Relations Boai €l at Washington, D C , and when
so filed, shall constitute the entire record in the case
VII
Upon the entire record as set forth in Par agi aph VI above, an
Order may be forthwith entered by the National Labor Relations
Board providing as follows
Cooper Manufacturing Company, its officers, agents, successors
and assigns shall •
1. Cease and desist from
(a) In any manner interfering with, restraining or coercing its
employees in the exercise of their rights to self -orgailization, to
form, loin or assist labor organizations, to bargain collectively
through representatives of their own choosing and to engage in
concerted activities for their mutual aid and protection as guaran-
teed in Section 7 of the National Labor Relations Act,
(b) Discouraging membership in the United Construction
Workers Organizing Committee, affiliated with the C I 0, or
any other labor organization of its employees by discriminating
with respect to their hire and tenure of employment, or terms or
conditions of employment;
(c) In any manner dominating or interfering with the admin-
istration of Employees' Association No 1 of Marshalltown, Iowa,
or the formation or administration of any other labor organiza-
tion of its employees, or contributing financial or other support
to Employees' Association No 1 of Marshalltown, Iowa, or to
any other labor organization of its employees;
(d) Giving effect to any oral or written contract or agreement
executed with Employees' Association No 1 of Marshalltown,
f
COOPER MANUFACTURING COMPANY 959
Iowa, as well as to any extension , renewal, modification or supple-
ment thereof, and any superseding contract with Employees' As-
sociation No 1 of Marshalltown , Iowa, which may now be in
effect
2 Take the following affirmative action to effectuate the poli-
cies of the National Labor Relations Act :
(a) Withdraw all recognition from Employees ' Association
No 1 of Marshalltown , Iowa, as representative of any of its em-
ployees for the purpose of dealing with respondent concerning
grievances, labor disputes, wages, rates of pay, hours of employ-
ment or other conditions of employment , and completely disestab-
lish Employees ' Association No 1 of Marshalltown , Iowa, as such
representative;
(b) Notify Employees ' Association No 1 of Marshalltown,
Iowa, in writing that its contr. act with it is void and of no effect,
(c) Make whole Ed Vanderah, Elizabeth Gill and Dean Russie,
by payment to each of them the sums of $239 23, $10134 and
$272 70 respectively , for any loss of pay each may have suffered
by reason of their discharges; '
(d) Post immediately upon entry of this Order by the Na-
tional Labor Relations Board and maintain for a period of at least
sixty (60) consecutive days from the date of posting in con-
spicuous places at respondent 's place of business, notices stating
(1) That respondent will not engage in conduct from which it
is ordered to cease and desist in Paragraph 1 (a) through (d),
inclusive , of this order ;
(2) That respondent will take the affirmative action set forth
in Paragraph 2 (a) through (c), inclusive, of this order; and
(3) That respondent's employees are free to remain members
of the United Construction Workers Organizing Committee,
affiliated with the C I 0, and that respondent will not dis-
criminate against any employee because of membership or activ-
ity in such organization
(e) Notify the Regional Director for the Eighteenth Region
within ten (10) days of the date of the entry of this order by the
National Labor Relations Board of the steps which respondent
has taken to comply herewith
VIII
° It is understood that on February 9, 1942, respondent reinstated
T R Benson, Gertrude Melton, Helen Gill, Ed Vanderah, Eliza-
beth Gill, Dean Russre and Maurice L Forbes, with certain pay-
ments to each of them because of then discharges in January
1942, further, that said Vanderah, Gill and Russie do not now
desire reinstatement , and wain e any right of reinstatement herein.
960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IX
The pai ties hereby consent to entry by any appropriate United
States Circuit Court of Appeals upon application by the Board
thereto of a decree enforcing the order of the Board in the terms
set forth above and waive their rights to contest the 6itry of
such decree, and fui they waive any and all i equirements of no-
tice of filing of such application by the Board, providing that a
copy of said decree shall be served upon the iespondent after
its entry.
X
The payments made and to be made by respondent are received
by the employees herein named in full settlement of any and
all claims they, and each of them, may have, or claim to have,
.against respondent
XI
This stipulation and agreement is subject to the approval of
the Board and shall become effective immediately upon the grant;
uzg of such approval
XII
The entice agreement is contained within the terms of this stip-
ulation, and theie is no verbal agreement which varies or alters
the terms of this stipulation
On July 16, 1942, the Board issued its Order approving the above
stipulation making it a part of the iecord in the case, and pursuant
to Article II, Section 36 of National Labor Relations Boaid Rules
and Regulations, Series 2, as amended, transferring the proceeding
to the Board for the purpose of entry of a decision and order by the
Board puisuant to the provisions of the stipulation
Upon the basis of the above stipulation and the entire record in the
,case, the Boai d makes the following :
FINDINGS OF FACT
} I THE BUSINESS OF THE RESPONDENT
`Cooper Manufacturing Company is an Iowa corporation having its
principal office and place of business in, Marshalltown, Iowa, where it
is engaged in the manufacture of gaskets, gasket materials, and power
lawnmowers During 1941, the respondent purchased iaw materials
valued at approximately $200,000, of which approximately 90 percent
-was shipped from points outside the State of Iowa Dining the same
-period, respondent manufactured and sold products valued at approxi-
COOPER MANUFACTURING COMPANY 961
mately $400,000, of which appioximately 90 percent was shipped to
points outside the State of Iowa.
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, the stipulation, and the
entiie record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board here-
by ordeis that Cooper Manufactiuuig Company, its officers, agents,
successors and assigns, shall
1 Cease and desist fiom
(a) In any manner interfering with, restiaunng or coercing its eni.-
ployees in the exeicise of their rights to self-organization, to form,
join of assist labor organizations, to bargain collectively thiough repre-
sentatives of their own choosing and to engage in conceited activities
for their mutual aid and protection as guaranteed in Section 7 of the
National Labor Relations Act,
(b) Discouraging membership in the United Construction Workers
Organizing Committee, affiliated with the C I 0 or any other labor
oiganization of its employees by disciiminatuig with respect to their
hue and tenui e of employment, or tei ms or conditions of employment ;
(c) In any manner dominating or interfering with the administra-
tion of Employees' Association No. 1 of Marshalltown, Iowa, or the
foimation or admi nisti ation of any other labor oiganization of its em-
ployees, of contributing financial of other support to Employees' Asso-
ciation No 1 of Marshalltown, Iowa, or to any other labor oiganiza-
tion of its employees,
(d) Giving effect to any oral or written contract or agieement exe-
cuted with Employees' Association No 1 of Maishalltown, Iowa, as
well as to any extension, renewal, modification or supplement thereof,
and any superseding contract with Employees' Association No 1 of
Maishalltown, Iowa, which may now be in effect
2 Take the following affirmative action to effectuate the policies of
the National Laboi Relations Act
(a) Withdraw all iecogmtion fiom Employees' Association No 1
of Maishalltown, Iowa, as representative of any of its employees for
the purpose of dealing with respondent concerning grievances, labor
disputes, wages, i ates of pay, hours of employment or other conditions
of employment, and completely disestablish Emplo3 ees' Association
No 1 of Maishalltown, Iowa, as such reps esentative ,
(b) Notify Employees' Association No 1 of Maishalltown, Iowa, in
Zvi sting that its conti act with it is void and of no effect ;
(c) • Make whole Ed Vanderah, Elizabeth Gill and Dean Russie, by
payment to each of them the sums of $239 23, $10134 and,$272 70 re-
472814-42-N of 42--G1
962 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
spectively, for any loss of pay each may have suffered by reason of their
discharges,
(d) Post immediately upon entry of this Order by the National
Labor Relations Board and maintain for a period of at least sixty (60)
consecutive days from the date of posting in conspicuous places at
respondent's place of business, notices stating
(1) That respondent will not engage in conduct from which it is
ordered to cease and desist in Paragraph 1 (a) through (cl), inclusive,
of this order;
(2) That respondent will take the affirmative action set forth in
Paragraph 2 (a) through (c), inclusive, of this order; and
(3) That respondent's employees are free to remain members of the
United Construction Workers Organizing Committee, affiliated with
the C I. 0, and that respondent will not discriminate against any
employee because of membership or activity in such organization.
(e) Notify the Regional Director for the Eighteenth Region within
ten (10) days of the date of the entry of this order by the National
Labor Relations Board of the steps ihich respondent has taken to
comply herewith. %
MR GERARD D . REILLY took no palt in the consideration of the above
Decision and Order.