Curtiss-Wright Corp.

National Labor Relations Board - Board Decisions

Jun 2, 1942

41 N.L.R.B. 608 (N.L.R.B. 1942)

In the Matter of CURTISS-WRIGI-IT CORPORATION and INTERNATIONAL
ASSOCIATION OF MACHINISTS, AIRCRAFT LODGE 703, A. F. OF L.
In the Matter of CURTISS-WRIGHT CORPORATION and JAMES R. KEHOE
Cases Nos. C-2200 and C-2201, respectively.-Decided ' June 2, 1942
Jurisdiction : airplane propeller manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. W. T. Little and Mr. Martin I. Rose, for the Board.
Spence, Windels, Walser, Hotchkiss c6 Angell, by Mr. Andre Maxi- "
mov and Mr. Eric Nightingale, of New York City, for the respondent.
Mr. Jerome Y. Sturm, of New York City, for the Union.
Mr. Donald G. Collester, of Clifton, N. J., for Propeller-Craft.
1llr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by International Association of Machin-
ists, Aircraft Lodge 703, A. F. of L., herein called the Union, and by
James R. Kehoe, the National Labor Relations Board, herein called
the Board, by the Regional Director for the Second Region (New
York City), issued its complaint, dated April 13, 1941, against Cur-
tiss-Wright Corporation, New York City, herein called the respond=
ent, 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.
Copies of the complaint, accompanied by notice of hearing, were
duly served upon respondent, the Union, and upon The Propeller-
Craft, Inc., herein called Propeller-Craft, a labor organization alleged
in the complaint to be dominated by the respondent.
With respect to the unfair labor practices, the complaint alleged
in substance that the respondent (1) did in or about June 1938,
initiate, form, and sponsor Propeller-Craft at its Clifton and Cald-
well, New Jersey, plants, and since that time to date has assisted,
41 N. L. R B., No. 120.
608
CURTISS-WRIGHT CORPORATION 609;
dominated, contributed to the support of, and interfered with the
administration- of Propeller, Craft; (2) since that date to date has
vilified, discouraged, and expressed disapproval of the Union; has
interrogated employees concerning their membership in the.Union;
has urged, persuaded and warned its employees to refrain from assist-
ing or becoming members of the Union; has threatened its employees
with, discharge or other reprisals if they assisted or became or re-
mained members of the Union, and has taken such reprisals;, has
discriminated and threatened to discriminate against employees with
respect to deferment and classification under the Selective Service and
Training Act of 1940, as amended, because they aided or became mem-
bers of, or sympathized with the Union and its activities; has urged,
persuaded, threatened or warned its employees to assist, become mem-
bers of, or remain members of Propeller-Craft; and has kept under
surveillance union members and their activities for the purposes of
self-organization; (3) has refused and continues to refuse to employ
John Laiza at its propeller division plant at Indianapolis, Indiana,
because he joined or assisted the Union or engaged in other concerted
activities for the purposes of collective bargaining or other mutual
aid or protection, while employed by respondent at its Clifton and
Caldwell plants; (4) in or about August 1941 discriminated against
Frank Babcock and James R. Kehoe, and continues to discriminate
against them with respect to their deferment and classification under
the Selective Service and Training Act of 1940, as amended, because
they assisted or joined the Union or engaged in other concerted
activities for the purposes of collective bargaining or other mutual
aid or protection or because they refused to aid respondent in destroy-
ing the Union and its concerted activities; (5) on or about-March 4,
1942, discharged Frank Babcock while employed at its Caldwell
plant, and has refused and continues to refuse to reinstate him be-
cause he joined or assisted the Union or engaged in other concerted
activities for the purposes of collective bargaining or other mutual
aid or-protection, and (6) by the foregoing acts interfered with, re-
strained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act. The respondent -filed its answer
to the complaint on April 22, 1942, admitting than it was engaged
in -commerce at its Clifton and Caldwell, New Jersey, plants within
the meaning of the Act, but denying that it had engaged in-or was
engaging in -any of the unfair labor practices alleged. On May 1,
1942, Propeller-Craft filed a petition to intervene and its answer to
the complaint, denying each and every allegation contained in the
charges. -
Thereafter, a hearing was held, before a duly designated Trial
Examiner of the Board. On May, 18, 1942, Propeller-Craft,- stating
403892-42-vol. 41-39
610 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that its members had voted to dissolve it, withdrew from the proceed-
ing. - On the same day the respondent, the Union, and counsel for
the Board entered into a- stipulation. The stipulation provides as
follows
r
WHEREAS upon charges and amended charges filed by Interna-
tional Association of Machinists, Aircraft Lodge 703, A. F. L.,
in Case No. II-C-3985 and charges filed by James R. Kehoe in
Case No. II-C-4433, which cases were consolidated by direction
of the National Labor Relations Board, hereinafter called the
Board, dated March 28, 1942, the Board, acting pursuant to
authority' in 'Section 10 (b) of the National Labor Relations Act,
49 Stat. 449, by the Regional Director for the Second Region as
agent for the Board designated by the Board's Rules and Reg-
ulations-Series 2, Article IV, Section 1, as amended, issued its
complaint on April 13, 1942 against Curtiss-Wright Corporation,
hereinafter called the Respondent, and '
WHEREAS a copy of said complaint, amended charges and
charges, notice of hearing and a copy of said Order of Consoli-
dation were duly served upon the Respondent, International Asso-
ciation of Machinists, Aircraft Lodge 703, A. F. L. and The
Propeller Craft Inc., and
WHEREAS Respondent, By Spence, Windels, Walser, Hotchkiss
& Angell, Esqs., its attorneys, duly filed its answer, verified April
21, 1942 and The Propeller Craft Inc., by Donald G. Collester,
Esq., its attorney, duly filed its petition for leave to intervene,
verified April 30, 1942 and its answer, verified May 1, 1942, and
WHEREAS as appears from the transcript of the hearings of this
proceeding mentioned in paragraph 5 below, The Propeller Craft
Inc., with knowledge of the fact that the parties hereto intend to
enter into this stipulation, has withdrawn its appearance, answer
,and petition for intervention and will not contest this proceeding.
WHEREAS Respondent does not admit that it has violated any
of the provisions of the National Labor Relations Act, and
WHEREAS Respondent will reinstate James R. Kehoe to his
former position in accordance with the provisions of the Selective
Service and Training Act of 1940, and
WHEREAS Respondent has offered employment to John Laiza
at its plant at Indianapolis, Indiana, and
WHEREAS Respondent is now devoting all its production facil-
ities to the manufacture of war materials, and
WHEREAS in the interests of the war effort the parties desire to
dispose amicably the pending controversies,
IT IS HEREBY STIPULATED AND AGREED by and between Ciirtiss-
Wright Corporation,' International Association of Machinists,
CURTISS-WRIGHT CORPORATION 611
Aircraft Lodge 703, A. F. L. (hereinafter called the Union) and
Martin I. Rose, Attorney, National Labor Relations Board, that
1. Respondent is and has been since 1929 a corporation duly
organized under and existing by virtue of the laws of the State
of Delaware, having its principal offices in New York, New York,
and has since 1938 had plants at Clifton and Caldwell, New
Jersey, respectively, and is now and has been engaged at said
plants in the manufacture, sale and distribution of airplane pro-
pellers and related products. During the six months period
preceding January 1, 1942 the Respondent purchased and used
at the Clifton and Caldwell plants raw materials valued in excess
of $500,000.00, more than 90 per cent of which materials were
shipped to Clifton and Caldwell from points outside the State
of New Jersey. During the same period Respondent's gross sales
of products manufactured at the Clifton and Caldwell plants
amounted to more than $3,000,000.00, over 90 per cent of which
products were shipped by Respondent to points outside the State
of New Jersey.
2. Respondent concedes that it is engaged in interstate com-
merce within the meaning of the National Labor Relations Act.
3. International Association of Machinists, Aircraft Lodge 703,
A. F. L. and The Propeller Craft Inc., are each labor organiza-
tions within the meaning of the National Labor Relations Act.
4. The taking of testimony or evidence in this proceeding and
the making of findings of fact and conclusions by the Board,
pursuant to the provisions of the National Labor Relations Act,
are hereby expressly waived by the parties hereto.
5. This stipulation together with the transcript of the hearings
held herein on May 11, 1942, May 14, 1942 and May 18, 1942, and
the exhibits introduced thereat before Frank Mouritsen, the Trial
Examiner duly designated to act as Trial Examiner in this pro-
ceeding, shall constitute the record in this proceeding.
6. Upon this stipulation, if approved by the National Labor
Relations Board, and upon the record as provided for herein,
an Order may forthwith be entered by the Board providing as
follows :
The Respondent, Curtiss-Wright Corporation, and its officers,
agents, successors and assigns shall:
1. Cease and desist from :
(a) Dominating or interfering with the administration of
The Propeller Craft Inc., or from contributing financial or
other support to The Propeller Craft Inc. ;
612 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD
•(b) Recognizing The Propeller Craft Inc. as the exclusive
bargaining representative of its employees for the purposes of
collective bargaining;
(c) Giving effect to its C'ontrac't of February 24, 1942 with
The Propeller Craft Inc., or any of the revisions thereof, or
to any other extension, renewal, revision, modification or sup-
plement thereof, or to any superseding contract which .may
now be in force;
(d) In any other manner in connection with the above matter
interfering with, restraining or coercing its employees in the
exercise of the right to self-organization, to form, join or assist
labor organizations, to bargain collectively through represent-
atives of their own choosing and to engage in concerted activ-
ities for the purpose of collective bargaining or other mutual
aid and protection, as guaranteed in Section 7 of the Act.
2. Take the following,affirmative action : -
(a)' Withdraw and withhold all recognition from The Pro-
peller Craft Inc. as the exclusive representative of its em-
ployees for the purpose of dealing with the Respondent
concerning grievances, labor disputes, wages, rates of pay,
hours of employment and other conditions of employment, and
completely disestablish The Propeller Craft Inc. as such
representative;
(b) Immediately post in conspicuous places throughout its
plants at Clifton and Caldwell, New Jersey, and maintain for
a period of at least sixty (60) consecutive days from the date
of posting, notices to its employees stating: (1) that the Re-
spondent will not engage in the conduct from which it is
ordered to cease and desist in Paragraphs 1 (a), (b), (c) and
(d), and; (2) that it will take the affirmative action set forth
in Paragraph 2 (a) of this Order;
(c) Notify the Regional Director for the Second Region,
in writing, within ten (10) days from the date of this Order
what steps the Respondent has taken to comply herewith.
7. It is further stipulated and agreed by and between the par-
ties hereto that any Circuit Court of Appeals of the United States
may,'upon application of the Board, enter an enforcement decree
in appropriate form embodying substantially the terms-of the
Board's Order, above set forth. All parties hereby waive their
right to contest the entry of any such decree and their right to
receive notice of the filing of an application for the entry of such
decree.
CURTISS-WRIGHT CORPORATION 613
8. The union withdraws Paragraph 5 and withdraws without
prejudice Paragraphs 6 and 7 of its amended charge and the
Board withdraws Paragraphs 6, 7, 8, 10, and so much of Para-
graph 13 of its complaint as alleges violation of Section 8, sub-
division:3 of the Act, such withdrawal being without prejudice
insofar as it concerns the allegations of Paragraphs 6 and 7 of
said amended charge.
9. This entire stipulation is subject to the approval of the
National Labor Relations Board and shall be null and void in
the event the Board does not approve thereof.
10. The entire agreement is contained within the terms of this
stipulation and there is no verbal agreement which various , alters
or adds to this stipulation.
On May 26, 1942 , the Board issued its order approving the stipula-
tion and making it a part of the record herein.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
Curtiss-Wright Corporation is a Delaware corporation maintaining
its principal offices in New York City. The respondent - has since
`1938 and 1940 , respectively , operated plants at Clifton and Caldwell,
New Jersey , where it is engaged in the manufacture , sale, and dis-
tribution of airplane propellers and related products . - This proceed-
ing involves only the respondent's operations at these two plants.
-During the 6 months period preceding January 1, 1942, the re-
spondent purchased and used at the Clifton and Caldwell plants raw
materials valued in excess of $500,000, more than 90 percent of which
was shipped to the plants from outside the State of New Jersey.
'During the same period , the respondent 's gross , sales of products
manufactured at the two plants amounted to more than '$3,000,000,
over 90 percent of which was shipped outside the State of New
Jersey. The respondent admits, and we find, that it is engaged in
commerce within the meaning of the Act.
ORDER
Upon the basis of the foregoing findings of fact, and pursuant to
Section 10 (c) of the National Labor Relations Act, the National
Labor Relations Board hereby orders that the respondent, Curtiss-
Wright Corporation, and its officers, agents, successors, and assigns
shall
1. Cease and desist from : -
(a) Dominating or interfering with the administration of The
Propeller Craft Inc., or from contributing financial or other support
to The Propeller Craft Inc. ;
614 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Recognizing The Propeller Craft Inc. as the exclusive bargain-
ing representative of its employees for the purposes of collective
bargaining;
(c) Giving effect to its contract of February 24, 1942 with The; Pro-
,peller Craft Inc., or any of the revisions thereof, or to - any other
extension, renewal, revision, modification or supplement- thereof, or
to any superseding contract which may now.be in force;
.(d) In any other manner in connection with the above matter
interfering with, restraining or coercing its employees in the exercise
of the right to self-organization, to form, join,or assist labor organi-
zations, to bargain collectively through representatives of their own
choosing and to engage in concerted activities for the purpose of col-
lective bargaining or other mutual aid and protection, as guaranteed
in Section 7 of the Act.
2. Take the following affirmative action :
;(a) Withdraw and withhold all recognition from The Propeller
Craft Inc. as the exclusive representative of its employees for the
purpose of dealing with the Respondent concerning grievances, labor
disputes, wages, rates of pay, hours- of employment and other con-
ditions of employment, and completely disestablish The Propeller
,Craft Inc. as such representative;
(b)- Immediately post in conspicuous places throughout its plants
at. Clifton and Caldwell, New Jersey, and maintain for a period of
at least-sixty (60) consecutive days from the date of posting, notices
to its employees stating : (1) that the Respondent will not engage in
the conduct from which it is ordered to cease.arid desist in Paragraphs
.1 (a), (b), (c) and (d), and; (2) that it will take the affirmative
,action set forth in Paragraph 2 (a) of this Order;
(c) Notify the Regional Director- for the Second Region, in writ-
ing, within ten'(10) days from the date of this Order what steps the
Respondent has taken to comply herewith.