Empire Ordinance Co.

National Labor Relations Board - Board Decisions

Mar 27, 1942

39 N.L.R.B. 1199 (N.L.R.B. 1942)

In the Matter of EMPIRE ORDNANCE COMPANY AND WEST PITTSTON
IRON WORKS, -INC. and STEEL WORKERS ORGANIZING COMMITTEE,
AFFILIATED WITH THE' C. I. O.
Case No. C-2134.-Decided, March 27, 1942
Jurisdiction : ordnance manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Jack Davis, for the Board.
Mr. Frank J. Flannery, of Pittston, Pa., and Mr. Allen Burleson,
of West Pittston, Pa., for the respondents.
Mr. Feeney Busarello, of Wilkes-Barre, Pa., for the Union.
Mr. Thomas•E: Davis, Mr. George V. Weber, Mr. Albert Riccetti,
Mr. Robert Havard, and Mr. Michael Hayko, of West Pittston, Pa.,
for the Independent.
Miss Grace McEldowney, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges 1 duly filed by Steel Workers
Organizing Committee, diiliated with the C. I. 0., herein called the
Union, the National Labor Relations Board, herein called the Board,
by the Regional Director for the Fourth Region (Philadelphia,
Pennsylvania),, issued its complaint dated February 11, 1942, against
Empire Ordnance Company, New York City, and West Pittston
Iron Works, Inc., West Pittston, Pennsylvania, herein called the
respondents, alleging that the respondents had engaged in and were
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, together with notice of hearing
thereon, were duly served upon the respondents and the Union, and
' The original charge was filed August 5, 1941 , the.amended charge on December 19, 1941.
39 N. L. R.' B., No. 223.
1199
448105-42-vol 39-77
1200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
upon Affiliated Crafts of West Pittston Iron Works, herein called
the Independent, a labor organization alleged in the complaint to
be dominated by the respondents.
With respect to the unfair labor practices, the complaint alleged
in substance that the respondents: (1) by certain specified acts of
their officers, supervisory employees, agents, and representatives,
during the period commencing in and about February 1941 and
continuing down to and including the date of the issuance of the
complaint, dominated and interfered with the formation and ad-
ministration of the Independent and contributed financial and other
support to it; (2) on or about April 14, 1941, April 26, 1941, May
9, 1941, July 11, 1941, and November 17, 1941, respectively, termi-
nated the employment of William F. Howell, Leonard Campbell,
Joseph G. Middleton, William A. Korsack, and D. Ward Evans,
and at all times thereafter refused to reinstate them to their posi-
tions, for the reason that the said employees assisted the Union and
engaged in concerted activities with other employees for the purpose
of collective bargaining and other mutual aid and protection; and
(3) by these and other enumerated acts, interfered with, restrained,
and coerced their employees in the exercise of the rights guaranteed
in Section 7 of the Act. '
On February 21, 1942, the respondent, West Pittston Iron Works,
Inc., filed with the Board a motion for a bill of particulars. Pur-
suant to an order issued February 26, 1942, by George Bokat, the
Trial Examiner duly designated by the Chief Trial Examiner, grant-
ing the motion in part and, denying it in part, the attorney for the
Board on February 27, 1942, filed a bill of particulars, furnishing
names and dates requested by the respondent.
Pursuant to notice, a hearing was held on March 2, 3, and 5, 1942,
at Wilkes-Barre, Pennsylvania, -before the above-named Trial Ex-
aminer. The Board, the respondents, the Union, and the Inde-
pendent were represented at and' participated in the hearing. All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing upon the
issues.
During the course of the hearing the respondents, the Union, the
Independent, and an attorney for the Board entered into a stipu-
lation in settlement of the case, subject to the approval of the 'Board.
The stipulation provides as- follows :
STIPULATION
It is hereby stipulated and agreed by and between the Empire
Ordnance Company and The West Pittston Iron Works Inc.,
hereinafter referred to as Respondents ; Steel Workers Organ-
EMPIRE ORDNANCE CORPORATION 1201
izing Committee , affiliated with the Congress of Industrial Or-
ganizations , hereinafter referred to as the Union; Affiliated
Crafts of West Pittston Iron Works, hereinafter referred to as
the. Independent ; and Jack Davis , attorney for the National
Labor Relations Board, that :
1. On charges duly filed by the Union , the National Labor
Relations Board, by the Regional Director for the Fourth Re-
gion, acting pursuant to authority granted in Section 10 (b) of
the National Labor Relations Act, 49 Stat . 449, and its Rules
and Regulations , Series 2, as amended, Article IV, Section 1,
issued its Complaint on the 11th day of February , 1942, against
the Respondents herein. -
II. Respondent, Empire Ordnance Company, is and has been
since May 30, 1940 , a corporation organized and existing by
virtue of the laws of the Commonwealth of Pennsylvania. Re-
spondent , The West Pittston Iron Works Inc., is and has been
since December 17, 1940, a corporation organized and existing
by virtue of the laws of the State of Delaware , and is a wholly-
owned subsidiary of the Empire Ordnance Company. Respond-
ents own and operate a plant in the Township of West Pittston,
in the Commonwealth of Pennsylvania , and are now and have
been continuously engaged in their plant in the said Township of
West Pittston , Commonwealth of Pennsylvania , hereinafter
called their West Pittston plant, -in the processing and machin-
ing, sale and distribution , of steel plate and kindred products.
III. Respondents , in the course and conduct of their business
at their West Pittston plant, obtain and use, among other things,
steel plate and other kindred products in substantial quantities,
which are caused by Respondents to be shipped to their West
Pittston plant in the Commonwealth of Pennsylvania , from and
through States of the United States other than the Common-
wealth of Pennsylvania , thus causing same to be transported in
interstate commerce , and there this steel plate is machined by
Respondents as mentioned in paragraph II above.
IV. Respondents machine the products set forth in para-
graph II above at their West Pittston plant, and cause and have
continuously caused substantial quantities of said products to
be sold and transported in interstate commerce from their West
Pittston plant to, into and through , States of the United States
other than the Commonwealth of Pennsylvania , and foreign
countries.
V. Respondents are engaged in interstate commerce within
the meaning of the National Labor Relations Act and the de-
cisions of the United States Supreme Court therein.
1202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VI. This stipulation , together with the amended charge,
Complaint , Bill of Particulars and Notice of Hearing, may be
introduced as evidence by filing them with the Chief Trial
Examiner of the National Labor Relations Board, designated
by said Board, in Washington, D. C.
VII. The taking of testimony or the submission of further
evidence before a Trial Examiner in this matter , 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 herein, and the Board 's Order
as herein provided shall have the same force and effect as if
,made after a full hearing, presentation of evidence, and the
making of findings thereon.
VIII. The Union, Steel Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations, is a
labor organization within the meaning of Section 2 , subdivision
( 5) of the National Labor Relations Act.
IX. The Independent , Affiliated Crafts of West Pittston Iron
Works, is a labor organization within the meaning of Section 2,
subdivision (5) of the National Labor Relations Act.
X. Upon this stipulation , the amended charge, the Complaint,
the Bill of Particulars and the Notice of Hearing , an Order
may forthwith be entered by said Board , providing as follows :
Respondents , Empire Ordnance Company and The West
Pittston Iron Works Inc., and their officers, agents , successors
and assigns, shall
1. Cease and desist
(a) From in any manner dominating or interfering with the
administration of the Affiliated Crafts of West Pittston Iron
Works; with the formation or administration of any other labor
organization of their employees ; and from contributing aid or
support to said organizations ; from recognizing or dealing in
any manner with the Affiliated Crafts of West Pittston Iron
Works or any successor thereto, or any group that purports to
represent said organization; and from forming or maintaining
any, groups or designating any individuals to act as the repre-
sentatives of their employees for the purposes of collective
bargaining respecting any of the terms or conditions of
employment ;
(b) From in any manner interfering with, , restraining or co-
ercing their 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,choos-
ing, and to engage in concerted activities for the purpose of
EMPIRE' ORDNANCE CORPORATION 1203
collective bargaining or other mutual aid or protection, as
guaranteed in Section 7 of the National Labor Relations Act;
(c)'_From discouraging membership in the Steel Workers Or-
ganizing Committee, affiliated with the Congress of Industrial
Organizations, or any other labor organization of their em-
ployees, or encourdging membership in the Affiliated Crafts of
West Pittston Iron Works or any other labor organization of
their employees; by discriminating against employees in regard
to hire or tenure of employment or any condition of employment,
or in any other manner;
2. Take the following affirmative action in order to effectuate
the 'purposes of the Act :
(a) Withdraw all recognition from the Affiliated Crafts of
West Pittston Iron Works as the representative of their em-
ployees, or any of them, for the purpose of dealing with Re-
spondents concerning grievances, labor disputes, wages, rates of
pay, hours of employment, or other conditions of employment,
and disestablish said Affiliated Crafts of West Pittston Works
as the representative of their employees ;
(b) -Inform in writing each and every one of the officers of
the Affiliated Crafts of West Pittston Iron Works that the Re-
spondents will not in any manner deal with or recognize the
said labor organization;
(c) Inform all of their officers, agents, foremen, and other
supervisory employees, that they shall not threaten employees
in any manner because of their membership in any labor organi-
zation in general, or the Steel Workers Organizing' Committee,
affiliated with the Congress of Industrial Organizations, in
particular ;
(d) Immediately offer reinstatement, in writing, by registered
mail to Leonard Campbell and Joseph Middleton, and if said
offer of reinstatement is accepted, immediately reinstate said
employees to their former or substantially equivalent positions{
at the prevailing rate of pay of employees doing a; similar kind
of work at their West Pittston plant, without loss of seniority
and without prejudice to any rights or privileges previously
enjoyed by them ;
(e) Make whole each of the employees named in Appendix
"A," attached hereto and made a part hereof, for the loss of
earnings suffered by them and each of them, by payment to`
each of them, respectively, the sum set forth opposite each of
their names on said Appendix "A ;"
(f) Post immediately in conspicuous places in their West
Pittston plant, and maintain posted for a period of at least
1204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sixty (60) consecutive days from the date of posting, notices to
their employees, stating: (1) that the Respondents will not
engage in the conduct from which they are ordered to cease and
desist in paragraphs 1 (a), (b), and (c) of this Order; (2) that
Respondents will take the affirmative action set forth in para-
graphs 2 (a), (b), (c), (d), and (e) of this Order; and (3) that
the Respondents' employees are free to become or remain members
of the Steel Workers Organizing Committee, affiliated with the,
Congress of Industrial Organizations, or any other labor organi-
zation, and that Respondents will not discriminate against any
employee or employees because of membership in or activity in
behalf of that organization or any other such organization;
(g) Notify the Regional Director for the Fourth Region, in
writing, within ten (10) days of the date of the Order of the
National Labor Relations Board, what steps have been taken
to comply therewith.
XI. It is further stipulated and agreed that Respondents will
offer, within five (5) days after the approval of this stipulation
by the National Labor Relations Board, reinstatement to Leonard
Campbell, and Joseph Middleton and if said offer is accepted,
immediately reinstate them as provided in paragraph 2 (d) of
the Order hereinabove.
XIII. It is stipulated and agreed that the appropriate United
States Circuit Court of Appeals may, upon application of the
National Labor Relations Board, enter a decree substantially in
the form of the Order of the Board, Respondents hereby expressly
waiving their right to contest the entry of such decree in the
appropriate United States Circuit Court of Appeals, and further
expressly waiving their right to receive notice of the filing of
an application by the National Labor Relations Board for the
entry of such a decree.
XIIIa. This agreement represents in effect an amicable ad-
justment of differences without any admission of guilt by the
respondents of any of the charges in the Complaint.
XIV. This stipulation contains the entire agreement of the par-
ties, and there is no verbal agreement of any kind which varies,
alters, or modifies this stipulation.
XV. This stipulation is subject to the approval of the National
Labor Relations Board.
- On March 12, 1942, the Board issued its order approving the above
stipulation, making it a part of the record in the case, and, pursuant
to Article II, Section 36, of National Labor Relations Board Rules
Attached to this stipulation was Appendix A, referred to therein , which is set forth
below as part of our Order.
EMPIRE ORDNANCE CORPORATION 1205
and Regulations-Series 2, as amended, transferring the proceeding
to and continuing it before the Board for the purpose of the entry
of a Decision and Order by the Board, .pursuant to, the provisions of
the stipulation.
Upon the basis of the said stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
Empire Ordnance Company, a Pennsylvania corporation, and its
wholly owned subsidiary, West Pittston Iron Works, Inc., a Dela-
ware corporation, are engaged at their plant in West Pittston, Penn-
sylvania, the only plant involved in this proceeding, in the processing,
machining, sale, and distribution of steel plate and kindred products.
In the course of this business they obtain and use substantial quan-
tities of steel plate and other products which are shipped to the plant
from and through States other than the Commonwealth of Pennsyl-
vania. Substantial quantities of the finished products of the plant
are sold and transported to and through other States and foreign
countries.
The respondents admit that they are engaged in interstate com-
merce 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, stipulation, and 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 respondents, Empire Ordnance Company and
West Pittston Iron Works, Inc., and their officers, agents, successors,
and assigns, shall:
1. Cease and desist
(a) From in any manner dominating or interfering with the
administration of the Affiliated Crafts of West Pittston Iron Works;
with the formation or administration of any other labor organization
of their employees; and from contributing aid or support to said
organizations; from recognizing or dealing, in any manner with the
Affiliated Crafts of West Pittston Iron Works or any successor
thereto, or any group that purports to represent said organization;
and from forming or maintaining any groups or designating any
individuals to at as the representatives of their employees for the
purposes of collective bargaining respecting any of the terms or
conditions of employment;
1206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) From in any manner interfering with, restraining or coercing
their 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;
(c) From discouraging membership in the Steel Workers Organ-
izing Committee , affiliated with the Congress of Industrial Or-
ganizations , or any other labor organization of their employees, or
encouraging membership in the Affiliated Crafts of West Pittston
Iron Works or any other labor organization of their employees; by
discriminating against employees in regard to hire or tenure of
employment , or any condition of employment , or in any other
manner;
2. Take the following affirmative action in order to effectuate the
purposes of the Act :
(a) Withdraw all recognition from the Affiliated Crafts of West
Pittston Iron Works as the representative of their employees, or any
of them, for the purpose of dealing with Respondents concerning
grievances , labor disputes , wages, rates of pay, hours of-employment,
or other conditions of employment , and disestablish said Affiliated
Crafts of West Pittston Iron Works as the representative of their
employees ;
(b) Inform - in writing each and every one -of the officers of the
Affiliated Crafts of West Pittston Iron Works that the Respondents
will not in any manner deal with or recognize the said labor organ-
ization ;
(c) Inform all of their officers , agents, foremen , and other super-
visory employees , that they shall not. threaten employees in any
manner because of their membership in any labor organization in
general, or the Steel Workers Organizing Committee, affiliated with
the Congress of Industrial Organizations, in particular;
(d) Immediately offer reinstatement, in writing , by registered mail
to Leonard Campbell and Joseph Middleton , and if said offer of re-
instatement is accepted, immediately reinstate said employees to their
former or substantially equivalent positions at the prevailing rate of
pay of employees doing a similar kind of work at their West Pittston
plant, without loss of seniority 'and without prejudice to any rights
or privileges previously enjoyed by them;
(e) Make whole each of the employees named in Appendix "A,"
attached hereto and made a part hereof, for the loss of earnings suf-
fered by them and each of them, by payment to each of . them, re-
spectively , the sum set forth opposite each of their names on said
Appendix "A";
EMPIRE ORDNANCE CORPORATION 1207
(f) Post immediately in conspicuous places in their West Pittston
plant, and maintain posted for a period of at least sixty (60) consecu-
tive days from the date of posting, notices to their employees stating:
(1) that the respondents will not engage in the conduct from which
they are, ordered to cease and desist in paragraphs .1 (a), (b) and
(c) of this Order; (2) that Respondents will take the affirmative action
set forth in paragraphs 2 (a), (b), (c), (d) and (e) of this Order; and
(3) that the Respondents' employees are free to become or remain
members of the Steel Workers Organizing Committee, affiliated with
the Congress of Industrial Organizations, or any other labor organ-
ization, and that Respondents will not discriminate against any em-
ployee or employees because of membership in or activity in behalf
of that organization or any other such organization;
(g) Notify the Regional Director for the Fourth Region, in writing,
within ten (10) days of the date of the Order of the National Labor
Relations Board, what-steps have been taken to comply therewith.
APPENDIX A
WILLIAM HowELL--------------------------- $800. 00
LEONARD CAMPBELL-------------------------- $300:00
D. WARD EVANS_____________________________ $100.00
JOSEPH G. MIDDLETON------------------------ $400.00
WILLIAM A. KORSACK------------------------- $100.00