Cummins Engine Co.

National Labor Relations Board - Board Decisions

Apr 16, 1938

6 N.L.R.B. 642 (N.L.R.B. 1938)

In the Matter of CUMMINS ENGINE COMPANY and INTERNATIONAL
UNION UNITED AUTO WORKERS OF AMERICA, LOCAL 516
Case No. C-480-Decided April 16,19-38
Diesel Engine Manufacturing Industry-Settlement: agreement to comply
with Act-Order: entered on stipulation.
Mr. Lester M. Levin, for the Board.
Mr. James A. Ross, of Indianapolis, Ind., for the respondent.
Mr. Ralph Riddle, of Indianapolis, Ind., for the Union.
Mr. Donald P. Shinn, of Indianapolis, Incl., for the Association.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Charges and amended charges having been filed by International
Union, United Automobile Workers of America, Local 516,1 herein
called the Union, the National Labor Relations Board, herein called
the Board, by Robert H. Cowdrill, Regional Director for the Eleventh
Region (Indianapolis, Indiana), issued and duly served its complaint
and accompanying notice of hearing, dated February 23, 1938, against
Cummins Engine Company, Columbus, Indiana, herein called the
respondent, alleging 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.
An extension of time within which to answer having been granted,
the respondent filed an answer dated March 2, 1938, admitting the
allegations as to the nature and scope of its business but denying the
allegations of unfair labor practices. On March 14, 1938, the said
Regional Director issued his order permitting Cummins Employees'
Association, herein called the Association, to intervene.
IIn the pleadings and record of the case the Union was incorrectly designated Interna-
tional Union United Auto Workers of America , Local 516.
642
DECISIONS AND ORDERS 643
Pursuant to notice a hearing was held at Columbus, Indiana, on
March 17, 1938, before James L. Fort,2 the Trial Examiner duly
designated by the Board. The Board, the respondent, the Union,
and the Association were represented by counsel. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties.
On March 17, 1938, the Board and the respondent, respectively,
by counsel, entered into a stipulation concerning the nature of the
iespondent's business. This stipulation was admitted to the record
in the case without objection from any party to the proceeding. On
the same date the Board, the respondent, and the Union, respectively,
by counsel, entered into a stipulation concerning an order which the
Board, upon its approval, might enter in the case. Over the objection
of counsel for the Association this stipulation was admitted to the
record by the Trial Examiner. His ruling is hereby affirmed.3 The
bearing was then adjourned.
On March 23, 1938, pursuant to Article II, Section 37, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended, the Board issued an order transferring the proceeding to
the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The Cummins Engine Company is and has been, since its incor-
poration in the State of Indiana in 1919, a corporation engaged in
the manufacture of diesel engines, with its office and principal place
of business at Columbus, Indiana.
The raw materials used by the Company in its business are grey
iron castings, alloy steels, electrical apparatus, and steel forgings.
About 45 per cent of these purchases; amounting to approximately
$2,102,000 in a year of average business, are shipped to the respond-
ent's plant from points outside the State of Indiana. In the year
1937, the Company manufactured approximately 1,700 engines, valued
at $3,100,000. Eighty per cent of these finished products were shipped
to States other than the State of Indiana, and to foreign countries.
The shipments were made both by rail and truck carriers.
We find that the respondent's operations at the Columbus, Indiana,
plant constitute a continuous flow of trade, traffic, and commerce
among the several States and with foreign nations.
2 The official reporter throughout the record incorrectly referred to the Trial Examiner
as James L. Ford.
3 See National Labor Relations Board v. Pennsylvania Greyhound Lines, Inc., and
Gieyhound Management Company, 303 U 8 261 (1938).
r64 NATIONAL LABOR RELATIONS BOARD
IT. THE BASIS OF THE SETTLEMENT
The stipulation between the Board, the respondent, and the Union
provides as follows :
It is hereby stipulated by and between the Cummins Engine
Company, respondent herein, and the International Union
United Auto Workers of America, Local 516, and the National
Labor Relations Board (hereinafter called the Board) that upon
the record herein and upon this stipulation, if approved by the
Board, an order may be forthwith entered by said Board ' pro-
viding as follows :
1. Respondent, the Cummins Engine Company, will cease and
desist :
(a) From in any manner interfering with, restraining or co-
ercing its employees in the exercise of their rights to self-organi-
zation, 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, as guaranteed in
Section 7 of the National Labor Relations Act;
(b) Dominating or' interfering with the formation or admin-
istration of the, Cummins Employees' Association, or any other
labor organization, and shall cease and desist contributing finan-
cial or other support to said Cummins Employees' Association,
or any other labor organization, except that respondent may per-
mit employees to confer with it during working hours without
loss of pay or time;
(c) From, in any manner, recognizing the Cummins Em-
ployees' Association as the bargaining agency of its employees,
or from continuing in any contractual relationship with the
Cummins Employees' Association ;
(d) From discouraging membership in the International
Union United Auto Workers of America, Local 516, or in any
other labor organization of its employees : by discharging, thxeat-
ening, or refusing to reinstate any of its employees for joining
the International Union United Auto Workers of America, Local
516, or any other labor organization of its employees;
(e) From, in any manner, discriminating against any of its
employees in regard to the hire and tenure of employment or
any term or conditions of employment for joining the Interna-
tional Union United. Auto Workers of America, Local 516, or
any other labor organization of its employees.
DECISIONS AND ORDERS 645
2. Respondent , the Cummins Engine Company , will take the
following affirmative action to effectuate the policies of the
'National Labor Relations Act:
(a) Withdraw recognition from and disestablish as an agency
of collective bargaining the Cummins Employees' Association;
inform in writing the officers of -the Cummins Employees' Asso-
ciation that it will not , in any manner , deal with or recognize
such organization and will withdraw from any contractual rela-
tionship with said organization;
(b) Offer to David Hodler, Carl Small, Harry Jordan, Ervin
Blythe, Leonard Chandler immediate and full reinstatement to
their former positions without prejudice to any rights and priv-
ileges previously enjoyed by them;
(c) Pay the stated sum of $200.00 to Carl Small ; $175.00 to
Harry Jordan ; $175 .00 to David Hodler ; $100 .00 to Leonard
Chandler ; and , $100.00, to Ervin Blythe, which stated amounts
approximate the loss of pay suffered by said individuals, and
each of them , by reason of their discharge;
(d) Make whole to : Ray Armstrong, Ervin Blythe, Leonard
Chandler, Wilbur Clark , Lloyd Grow, Forrest Harris, Grover
Hern, Chester Hodler, Jack Hogan, John King, Paul Laurie,
William McComas , Jack Morris, Paul Parisho, William Pul-
liam, Frank Sullivan , Edward West, Thomas West, and Walter
Williams for any loss of pay they suffered by reason of the
lay-off in the months of June and July 1937 , by payment to them
of a sum of money equal to that which they would normally
have earned from the date of their lay -off to the date of their
reinstatement , computed at their regular rate of pay per week;
(e) Pay the stated sum of $50.00 to Jack Hogan, John King
and Wilbur Clark, in addition to the sums received by the said
individuals , and each of them, by virtue of their lay -off during
the months of June and July 1937;
(f) Offer employment to Walter Williams, in accordance with
his seniority rights;
(g) Put Raymond Armstrong and Grover Snider on a prefer-
ence list to be employed before 'any new employees in the de-
partments in which they were formerly employed;
(h) Post and keep visible in conspicuous places about its
plant in the City of Columbus , State of Indiana, for a period of
thirty, (30) days after receipt, a copy of the order to be entered
by the National Labor Relations Board to be made herein.
646 NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the above stipulations and upon the entire record
in the case, and pursuant to Section 10 (c) of the National Labor
Relations Act, the National Labor Relations Board hereby orders
that the respondent, Cummins Engine Company, Columbus, Indiana,
and its officers, agents, successors, and assigns, shall :
1. Cease and desist :
(a) From in any manner interfering with, restraining or coercing
its 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 purpose of collective bargaining or other
mutual aid or protection, as guaranteed in Section 7 of the National
Labor Relations Act;
(b) From dominating or interfering with the formation or admin-
istration of the Cummins Employees' Association, or any other labor
organization, and from contributing financial or other support to
said Cummins Employees' Association or any other labor organiza-
tion, except that the respondent may permit employees to confer
with it during working hours without loss of pay or time ;
(c) From in any manner recognizing the Cummins Employees'
Association as the bargaining agency of its employees, or from con-
tinuing in any contractual relationship with the Cummins Employees'
Association;
(d) From discouraging membership in the International Union,
United Automobile Workers of America, Local 516, or in any other
labor organization of its employees by discharging, threatening, or
refusing to reinstate any of its employees for joining the Interna.
tional Union, United Automobile Workers of America, Local 516,
or any other labor organization of its employees;
(e) From in any manner discriminating against any of its em-
ployees in regard to the hire and tenure of employment or any
term or conditions of employment for joining the International
Union, United Automobile Workers of America, Local 516, or any
other labor organization of its employees.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Withdraw recognition from and disestablish as an agency of
collective bargaining the Cummins Employees' Association; inform
in writing the officers of the Cummins Employees' Association that
it will not, in any manner, deal with or recognize such organization
and will withdraw from any contractual relationship with said
organization;
DECISIONS AND ORDERS 647
(b) Offer to David Hodler, Carl Small, Harry Jordan, Ervin
Blythe, Leonard Chandler immediate and full reinstatement to their
former positions without prejudice to any rights and privileges
previously enjoyed by them ;
(c) Pay the stated sum of $200.00 to Carl Small ; $175.00 to Harry
Jordan; $175.00 to David Hodler; $100.00 to Leonard Chandler;
and, $100.00, to Ervin Blythe, which stated amounts approximate the
loss of pay suffered by said individuals, and each of them, by reason of
their discharge;
(d) Make whole Ray Armstrong, Ervin Blythe, Leonard Chandler,
Wilbur Clark, Lloyd Grow, Forrest Harris, Grover Hern, Chester
Hodler, Jack Hogan, John King, Paul Laurie, William McComas,
Jack Morris, Paul Parisho, William Pulliam, Frank Sullivan, Edward
West, Thomas West, and Walter Williams for any loss of pay they
suffered by reason of the lay-off in the months of June and July 1937,
by payment to them of a sum of money equal to that which they would
normally have earned from the date of their lay-off to the date of
their reinstatement, computed at their regular rate of pay per week;
(e) Pay the stated sum of $50.00 to Jack Hogan, John King and
Wilbur Clark, in addition to the sums received by the said individuals,
and each of them, by virtue of their lay-off during the months of
June and July 1937;
(f) Offer employment to Walter Williams, in accordance with his
seniority rights;
(g) Put Raymond Armstrong and Grover Snider on a preferential
list to be employed before any new employees in the departments in
which they were formerly employed;
. (h) Post and keep visible in conspicuous places about its plant in
the City of Columbus, State of Indiana, for a period of thirty (30)
days after receipt, a copy of the order made herein.
80618-38-voL VI-42