Empire Ordinance Corp.

National Labor Relations Board - Board Decisions

Jul 8, 1942

42 N.L.R.B. 156 (N.L.R.B. 1942)

In the Matter of EMPIRE ORDNANCE CORPORATION, THE PENCOYD REALTY
CO, INC, ROXBORO STEEL COMPANY, MANAYUNK FORGING CORPORA
TION, SCIIUYLKILL MANUFACTURING COMPANY, WISSAHICKON TOOL
WORKS, INC and AMERICAN FEDERATION OF GUARDS & POLICE, AFFILI
ATED WITH A F OF L
Case No C4,211-Decided July 8, 1942
Jurisdiction ordnance manufacturumg industry
Settlement - stipulation providing for compliance with the Act
Remedial Orders entered on stipulation
Mr Geoffrey J Cunniff, for the Board
Wolf, Block, Schorr c6 Solis-Cohen, by Mr Samuel A Goldberg, for
the respondents
Mr James H McHale, Mr Kenneth D Matthews, and Mr Patrick
J Hogan, for the Federation
Mr Charles W Schneider, of counsel to the Board
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by American Federa-
tion of Guards & Police, affiliated with the American Federation of
Labor, herein called the Federation, the National Labor Relations
Board, herein called the Board, by the Regional Dnector for the
Fourth Region (Philadelphia, Pennsylvania), issued its complaint
dated May 14, 1942, against Empne Ordnance Corporation, The Pen-
coyd Realty Co, Inc, Roxboro Steel Company, Manayunk Forging
Corporation, Schuylkill Manufacturing Company, Wissahickon Tool
Works, Inc, herein collectively 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), (3), and (5) 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 notice of hearing, were duly served upon the
respondents, the Federation, and also upon Empne Guard Association,
42 N L R B, No 35
156
EMPIRE ORDNANCE CORPORATION 157
herein called the Association, a labor organization alleged in the com-
plaint to be dominated and supported by the respondents
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondents (1) from about December 1941 to the
date of issuance of the complaint urged and persuaded their em-
ployees not to become members of the Federation and to abandon their
membership therein, attempted to aster tarn which of its employees
were engaging in activities on behalf of the Federation, threatened
its employees with dire economic consequences if they retained mem-
bership in the Federation, dispai aged the Federation, and questioned
its employees concerning activities on behalf of the Federation;
(2) dominated and interfered with the formation and administration
of the Association, contributed financial and other support to it, and
permitted solicitation on company time and property for membership
in the Association; (3) terminated the employment of Fait Elkins
on of about December 29, 1941, because of Elkins' membership in and
activity on behalf of the Federation; (4) on and after January 28,
1942, refused to recognize the Federation as the exclusive bargaining
representative of its employees in an appropriate unit and refused
to bargain collectively with the Federation; and (5) 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 or about May 25, 1942, the respondents filed an answer to the
complaint denying that they had engaged in the unfair labor
practices
Pursuant to notice, a hearing was held on May 28 and 29, 1942,
at Philadelphia, Pennsylvania, before Frank A Mouritsen, the Trial
Examiner duly designated by the Chief Trial Examiner The Board, ,
the respondents, and the Federation were represented at and par-
ticipated in the hearing 1 At the hearing, the respondents, the Fed-
eration, and counsel for the Board entered into a stipulation dated
May 29, 1942, subject to the approval of the Board, in settlement of
_the case This stipulation provides as follows
STIPULATION
IWHEREAS a charge and amended charges were duly filed by
American Federation of Guards & Police, affiliated with the
American Federation of Labor, and the National Labor Relations
Boat d, by the Regional Director of the Fourth Region, issued
its complaint dated the 14th day of May, 1942
WHEREAS the complaint, accompanied by a notice of hearing,
was duly served upon Empire Ordnance Corporation, The Pen-
I The Association did not appear
158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
coyd Realty Co, Inc , Roxboro Steel Company, Manayunk Forg-
ing Corporation, Schuylkill Manufacturing Company, and Wis-
sahickon Tool Works, Inc, alleging that they had engaged in
unfair labor practices affecting commerce within the meaning
of Section 8, Subsections (1), (2), (3) and (5), and Section 2,
Subsections (6) and (7), of the National Labor Relations Act,
and said complaint also having been served upon Empire Guards
Association,
WHEREAS, pursuant to due notice, the hearing was formally
opened by Frank A Mouritsen, Trial Examiner duly designated
by the National Labor Relations Board, at Philadelphia, Penn-
sylvania, on May 28, 1942, at which time Empire Ordnance Cor-
poration, The Pencoyd Realty Co, Inc, Roxboro Steel Company,
Manayunk Forging Corporation, Schuylkill Manufacturing
Company, Wissahickon Tool Works, Inc , the National Labor
Relations Board, and American Federation of Guards & Police,
affiliated with the American Federation of Labor, appeared by
counsel (Empire Guards Association did not appeal), and
WHEREAS, although Empire Ordnance Corporation, The Pen-
coyd Realty Co, Inc, Roxboro Steel Company, Manayunk Forg-
ing Corporation, Schuylkill . Manufacturing Company, and-
Wissahickon Tool Works, Inc, `deny that the unfair labor prac-
tices alleged in the complaint have been committed, they never-
thelessi now loin in this Stipulation, solely for the purposes
herein stated, to the end that this matter may be amicably set-
tled American Federation of Guards & Police, affiliated with
the American Federation of Labor, accepts the provisions here-
inafter set forth as full settlement of the matters alleged lit the
charge and amended charges heretofore filed by it,
Now, THEREFORE, on this 29th day of May, 1942, it is hereby
stipulated and agreed by and between Empire Ordnance Corpora-
tion, The Pencoyd Realty Co, Inc, Roxboro Steel Company,
Manayunk Forging Corporation, Schuylkill Manufacturing Com-
pany, Wissahickon Tool Works, Inc, hereinafter refeired to as
Respondents; American Federation of Guards & Police, affiliated
with the American Federation of Labor, hereinafter referred to as
the Union, and Geoffrey J Cunniff, attorney for the National
Labor Relations Board, that : -
I
1 Respondent Empire Ordnance Corporation is a Delaware
corporation duly licensed to do business in the Commonwealth
of Pennsylvania, with its principal place of business in Phila-
delphia, Pennsylvania, engaged in the manufacture and sale of
EMPIRE ORDNANCE CORPORATION -159
guns and other ordnance Its principal raw materials are steel
forgings For ,the past year its purchases were in excess of
$100,000, which principally came fiom Respondent Manayunk
Forging Corporation Its sales for the past year were in excess
of $100,000 , more than W per cent of which were, after final assem-
bly, shipped to points outside the Commonwealth of Pennsylvania
2 Respondent The Pencoyd Realty Co, Inc, is a Delaware
corporation duly licensed to do business in the Commonwealth
of Pennsylvania, with its principal place of business in Phila-
delphia, Pennsylvania, engaged in leasing the premises and ma-
chines to the other Respondents heiein, among others
3 Respondent Roxboio Steel Company is a Delawaie cor-
poration duly licensed to do business in the Commonwealth of
Pennsylvania , with its principal place of business in Philadelphia,
Pennsylvania , engaged in the manufacture and sale of steel- Its
principal raw materials are iron and other alloys going into the
manufacture of steel For the past year its purchases of said
raw materials were in excess of $100,000, over 50 per cent of- which
came fiom States of the United States other than the Common-
wealth of Pennsylvania Its sales for the past year were in
excess of $100,000, more than 50 per cent of which were, after
final fabiication , shipped to points outside the Commonwealth
of Pennsylvania '
4 Respondent Manayunk Foiging Coiporation is a Delaware
corporation duly licensed to do business in the Commonwealth of
Pennsylvania , with its piincipal place of business in Philadelphia,
Pennsylvania, engaged in the manufacture and sale of steel forg-
ings Its iaw materials are principally the steel purchased from
Respondent Roxboio Steel Company For the past year its pur-
chases of said raw materials were in excess of $100 ,000 Its sales
for thepast year were in excess of $100,000, over 50 per cent,of
which were , after final fabrication, shipped to points outside the
Commonwealth of Pennsylvania
5 Respondent Schuylkill Manufacturing Company is 'a Penn-
sylvania corporation , with its principal place of business in Mont-
gomery County , Pennsylvania , which, although presently idle, is
noimally engaged in the business of manufacturing and assem-
binig guns Its principal materials are the gun parts and products
obtained from Respondent Empire Ordnance Corporation For
the past year its purchases of said materials were in excess of
$10,000 Its sales for the past year were in excess of $10,000, more
than 50 per cent of which were shipped , when finally assembled
and fabricated, to points outside the Commonwealth of Penn-
sylvania
0
160
P
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
6 Respondent Wissahickon Tool `Works, Inc, is a Delaware
corporation duly licensed to do business in the Commonwealth of
Pennsylvania, with its principal place of business in Montgomery
County, Pennsylvania, engaged in the business of manufacturing
and selling recoil mechanisms to form parts of guns Its prin-
cipal iaw material is fabricated steel For the past year its pur-
chases of said materials were in excess of $100,000, over 50 per
cent of which came from States of the United States other than
the Commonwealth of Pennsylvania Its sales for the past year
were in excess of $100,000, the greater part of which were to Re-
spondent Empire Ordnance Corporation
7 For the purposes of this `proceeding the Respondents admit
that their operations affect commerce nnithin the meaning of Sec-
tion 2, Subsections (6) and (7) of the National Labor Relations
Act
8 On or about January 28, 1942, the employees hereinafter
described as constituting an appropriate bargaining unit, were
employees of the Respondent The Pencoyd Realty Co, Inc, and
at the present time are employees of Respondents Empire Oid-
nance Corporation and Wissahickon Tool Works, Inc, but may
in the future become employees of any of all of the Respondents
9 The employees heiernafter described as constituting an ap-
propriate bargaining unit are classified as guards and, although
presently employed by Respondents Empire Ordnance Corpora-
tion and Wissahickon Tool Works, Inc, are engaged in the pro-
tection of the plants and property of all of the Respondents, for
which service Respondents Manayunk Forging Corporation, Rox-
boro Steel Company, Schuylkill Manufacturing Company, and
The Pencoyd Realty Co, Inc, pay a fee to Respondents Empire
Ordnance Corporation and Wissahickon Tool Works, Inc
II
1 American Federation of Guards & Police, affiliated with the
Ameiican Federation of Labor, is a labor organization within
the meaning of Section 2, Subsection (5) of the National Labor
Relations Act
2 Empire Guards Association, an unaffiliated labor organiza-
tion, is a labor organization within the meaning of Section 2,
Subsection (5) of the National Labor Relations Act
III
This Stipulation, together with the Second Amended Charge,
Complaint, Notice of Hearing, and Affidavit as to Service of Com-
a
EMPIRE ORDNANCE CORPORATION 161
plaint 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 the said Boaid, at Washington,
D C
All the parties hei eto waive their right to a hearing, to the mak-
ing of findings of fact and conclusions of law by the National
Labor Relations Board herein, and to any other or further pro-
cedure before said Boaid, and agree that the Second Amended
Charge, Complaint, Notice of Heaimg, Affidavit as to Service
of said Complaint and Notice of Hearing, and this Stipulation,
shall constitute the entire record in this case and shall dispense
with the necessity for the hearing provided for in the said Com-
plaint and Notice of Heaiing This record shall be filed with
the National Labor Relations Board by transmitting the same
to the Chief Trial Examiner of the said Board at Washington,
D C
IV
All employees employed by Respondents Empire Ordnance
Corporation and Wissahickon Tool Works, Inc , as guards en-
gaged in plant protection, excluding the captain, lieutenants and
sergeants, constitute a unit appropriate for the purposes of col-
lective baigaining within the meaning of Section 9 (b) of the
National Labor Relations Act
V
On or about January 28, 1942, and at all times thereafter, the
majoiity of the employees in the unit set forth in paragraph IV,
above, designated the Union as their representative for the pur-
poses of collective bargaining, and since said date the Union has
been, and still is, the exclusive representative of all the employees
in said unit by virtue of Section 9 (a) of the National Labor
Relations Act
VI
Upon the entire record heieui, including this Stipulation, an
order may forthwith be entered by the National Labor Relations
Board, as follows
Respondents Empire Oidnance Corporation and Wissahickon
Tool Works, Inc., their officers, agents, successors and assigns,
shall
1 Cease and desist'
(a) From in any mannei dominating or interfering with the
administration of Empire Guaids Association, with the foimation
or administration of any other labor organization of their em-
472814-42-von 42-11
162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees, and from contributing aid or support to said oranza-
tion; from recognizing or dealing in any manner with Empire
Guards Association or any successor thereto or any group that
purports to represent said organization, with respect to wages,
hours, working conditions, or other conditions of employment;
and from forming or maintaining any groups of designating any
individuals to act as the representatives of then employees for
the purpose of collective bargaining respecting any of then terms
or conditions of employment,
(b) From in any manner inter fei ing ww ith, i esti airing of coei c-
ing their employees in the exeielse of their rights to self-oiganiza-
tion, 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 of protection a5 'guaranteed in
Section 7 of the National Labor Relations Act;
(c) Flom discouraging membeiship-in the American Federa-
tion of Guaids & Police, affiliated with the American Federation
of Labor, of any other labor organization of then employees, by
discri i natiig against employees in respect to hne'oi tenure of
employment or any condition of employment in any other manner
(d) Fiom refusing to bargain collectively with the Union, or
its representatives, as the exclusive representative of all'the' em-
ployees employed by Respondents Empire Oi. dnance Corporation
and Wissahickon Tool Works, Inc, as guards engaged in plant
protection, excluding the captain, lieutenants and sergeants
2 Take the following affirmative action in older to effectuate
the purposes of the Act
(a) Withdraw all iecognition from Empire Guards Associa-
tion as the representative of its employees or any of them for the
purpose of dealing with Respondents concerning grievances, labor
disputes, wages, hours of employment, of other conditions of em-
ployment, and disestablish said Empire Guards Association as the
representative of its employees; ,
(b) Inform in writing each and every one of the officers of the
Empire Guards Association that Respondents will not deal with
or recognize the said Empire Guards Association regarding any
matter connected with or relating to grievances, labor disputes,
wages; hours of employment or other conditions of employment ;
(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 American Federation of Guards & Police, affil-
iated with the American Federation of Labor, in particular;
EMPIRE ORDNANCE CORPORATION 163
(d) The sum of $165 shall be paid to Fait Elkins by Respondent
Empire Ordnance Coiporation of by Respondent Wissahickon
Tool Woiks, Inc, of by both divided in such piopoitions as the
two Respondents may agree, and because the said Fait Elkins
does not desire ieinstatement, no` reinstatement shall be requited,
(e) Upon request baigain collectively with the American Fed-
eiation of Guaids & Police, affiliated with the Ameiican Federa-
tion of Laboi, as the exclusive representative of all the employees
employed by Respondents Empire 'Ordnance Corporation and
Wissahickon Tool Woiks, Inc, as guards engaged in plant pio-
tection, excluding the captain, lieutenants and seigeants, with
respect to i ates of pay, hours of employment, and othei conditions
of employment,
(f) Post immediately in conspicuous places at their various
plants, and maintain for a period of sixty (60) consecutive days
from the date of posting, notices to their employees stating (1)
that the Respondents Empire Ordnance Corporation and Wissa-
hickon Tool Works, Inc, will not engage in the conduct fi om
which they are oideied to cease and desist in paragraph 1 (a), (b),
(c) and (d), (2) that the Respondents Empire Ordnance Corpo-
iation and Wissahickon Tool Woiks, Inc , will take the afflima-
tive action set foith in paragi aph 2 (a), (b), (c), and (e), and (3)
that the Respondents'- employees are free to become of i emaut
members of the Ameiican Federation of Guards & Police, affili-
ated with the Ametican Federation of Labor, or any other labor
oiganization, and Respondents Empire Ordnance Corporation
and Wissahickon Tool Woiks, Inc , will' not discriminate against
any employee because of membership or activity in that organi-
zation or any other such organization;
(g) Notify the Regional Director of the Fourth Region, in
writing, within ten (10) days of the oider of the National Labor
Relations Board, what steps have been taken to comply therewith
VII
Upon application by the National Labor Relations Board, with-
out further notice to the parties, the United States Circuit Court
of Appeals foi the Third Circuit, or any other appropriate Court
as provided for in Section 10 (c) of the National Labor Relations
Act, may enter a decree 'embodying substantially the above order
of the National Labor Relations Board, and the patties hereto
expressly waive then right to contest the entry,of such decree and
further expressly waive any right to receive notice of the filing
by the National Labor Relations Boaid of the application for
entry of such decree
164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VIII
If at any time subsequent to the execution of this Stipulation
Respondents The Pencoyd Realty Co, Inc, Schuylkill Manufac-
turing Company, Manayunk Forging Corporation, or Roxboro
Steel Company, parties heieto, become the employer of employees
as described in paragraph IV, above, then it is expressly stipulated
and agreed that the order and decree entered pursuant to this
Stipulation, with the exception of paragraph 2 (d) of the order
and that part of the decree based thereon, shall automatically
embrace and include said Respondent or Respondents
IX
The entire agreement between the parties is contained in this
Stipulation, and there is no verbal agreement of any kind which
varies, alters or adds to this Stipulation.
X
This Stipulation is subject to the approval of the National
Labor Relations Board and shall become effective immediately
upon such approval.
On June 29, 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 and
Regulations-Series 2, as amended, ti ansferring the proceeding to the
Board for the purpose of,entry of a Decision and Order by the Board
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 RESPONDENTS
Empire Ordnance Corporation is a Delaware coiporation duly
licensed to do business in the Commonwealth of Pennsylvania, with
its principal place of business in Philadelphia, Pennsylvania, en-
gaged in the manufacture and sale of guns and other ordnance. Its
principal raw materials are steel forgings' For the past year its pur-
chases were in excess of $100,000, which principally came from the
respondent Manayunk Forging Corporation Its sales for the past
year were in excess of $100,000, more than 50 percent of which was,
after final assembly, shipped to points outside the Commonwealth
of Pennsylvania.
EMPIRE ORDNANCE CORPORATION 165
The Pencoyd Realty Co, Inc, is a Delaware corporation duly li-
censed to do business in the Commonwealth of Pennsylvania, with
its principal place of business in Philadelphia, Pennsylvania, engaged
in leasing the premises and machines to the other respondents herein,
among others
Roxboro Steel Company is a Delaware corporation duly licensed
to do business in the Commonwealth of Pennsylvania, with its prin-
cipal place of business in Philadelphia, Pennsylvania, engaged in
the manufacture and sale of steel Its principal raw materials are
iron and other alloys going into the manufacture of steel. For the
past year its purchases of said raw materials were in excess of $100,000,
oyer 50 percent of which came from States of the United States other
than the Commonwealth of Pennsylvania. Its sales for the past year
were in excess of $100,000, more than 50 percent of which was, after
final fabrication, shipped to points outside the Commonwealth of
Pennsylvania.
Manayunk Forging Corporation is a Delaware corporation duly
licensed to do business in the Commonwealth of Pennsylvania, with
its piincipal-place of business in Philadelphia, Pennsylvania, engaged
in the manufacture and sale of steel forgings Its raw materials aie
principally the steel purchased from the respondent Roxboro Steel
Company. For the past year its purchases of said raw materials were
in excess of'$100,000 Its sales for the past year were in excess of
$100,000, over 50 percent of which was, after final fabrication, shipped
to points outside the Commonwealth of Pennsylvania.
Schuylkill Manufacturing Company is a Pennsylvania corporation,
with its principal place of business in Montgomery County, Penn-
sylvania, which, although presently idle, is normally engaged in the
business of manufacturing and assembling guns Its principal ma-
teiials are the gun parts and products obtained from the respondent
Empire Ordnance Corporation For the past year its purchases of
said mateiials were in excess of $10,000 Its sales for the past year
were in excess of $10,000, more than 50 percent of which was shipped,
when finally assembled and fabiicated, to points outside the Com-
monwealth of Pennsylvania
Wissahickon Tool Works, Inc , is a Delaware corporation duly li-
censed to do business in the Commonwealth of Pennsylvania, with
its principal place of business in Montgomery County, Pennsylvania,
engaged in the business of manufacturing and selling recoil mecha-
nisms to form paits of guns Its principal raw material is fabricated
steel For the past year its purchases of said materials weie in excess
of $100,000, over 50 percent of which came from States of the United
States other than the Commonwealth of Pennsylvania Its sales for
166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the past year were in excess of $100,000, the greater part of which were
to the respondent Empue Ordinance Corporation
The respondents admit for the purposes of this proceeding that their
operations affect commerce within the meaning of Section 2 (6) and
(7) of the Act
We find that the above-described operations of the respondents,
jointly-and severally, 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
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 Corporation, Phila-
delphia, Pennsylvania, and Wissahickon Tool Works, Inc, Mont-
gomery County,, Pennsylvania, their officers, agents, successors, and
assigns shall
1 Cease and -desist
(a) From in any manner dominating or interfering with the ad-
ministration of Empue Guards Association, with the formation or ad-
ministration of any other labor organization of their employees, and
from contributing aid of support to said organization; from recogniz-
ing or dealing in any manner with Empire Guards Association or any
successor thereto or any group that purports to represent said organi-
zation, with respect to wages, hours, working conditions, or other
conditions of employment, and from forming of maintaining any
groups or designating any individuals to act as the i epi esentatives of
their employees for the purpose of collective bargaining respecting
any of their terms or conditions of employment;
(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 baigain collectively
through representatives of their own choosing, and to engage in con-
certed activities for the purposes 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 American Federation
of Guards & Police, affiliated with the American Federation of
Labor, or any other labor organization of their employees, by dis-
criminating against employees in respect to hire or tenure of employ-
ment or any condition of employment in any other manner;
(d) From refusing to bargain collectively with the Union, or its
representatives, as the exclusive representative of all the employees
EMPIRE ORDNANCE CORPORATION 167
,employed by Respondents Empire Oidnance Corporation and Wis-
sahickon Tool Woiks, Inc, as guards engaged in plant protection,
excluding the captain , lieutenants and sergeants.
2. Take the following affirmative action in order to effectuate the
puiposes of the Act:
(a) Withdraw all recognition from Empire Guards Association
as the representative of its employees or any of them for the purpose
of dealing with Respondents concerning grievances, labor disputes,
wages , hours of employment , or other conditions of employment, and
disestablish said Empire Guards Association as the representative of
its employees,
(b) Inform in writing each and every one of the officers of the
Empire Guards Association that Respondents will not deal with or
recognize the said Empire Guards Association regarding any matter
connected with or relating to grievances, labor disputes, wages, hours
of employment of other conditions of employment;
(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' American Federation of Guards & Police, affiliated
with the American Federation of Libor, in particular ,
(d) The sum of $165 shall be paid to Fait Elkins by Respondent
Empire Oidnance Corporation or by Respondent Wissahickon-Tool
Works, Inc, or by both divided in such proportions as the two Re-
spondents may agree, and because the said Fait Elkins does not desire
i ern statement, no i enistatement shall be required,
(e) Upon request bargain collectively with the American Federa-
tion of Guards & Police, affiliated with the American Federation of
Labor, as the exclusive representative of all the employees employed
by Respondents Empne Oi dnance Corporation and Wissahickon
Tool Woi ks, Inc , as guards engaged in plant pi otection, excluding
the captain, lieutenants and sergeants, with respect to rates of pay,
hours of employment, and other conditions of employment,
(f) Post immediately in conspicuous places at their various plants,
and maintain for a pei iocl of sixty (60) consecutive days from the
date of posting, notices to their employees stating (1) that the
Respondents Empire Ordnance Corporation and Wissahickon Tool
Works, Inc, will not engage in the conduct from which they are
ordered to cease and desist in paragraph 1 (a), (b), (c) and (d), (2)
that the Respondents Empne Ordnance Corporation and Wissa-
hickon Tool Works, Inc, will take the affirmative action set forth
in paragraph 2 (a), (b), (c), and (e), and (3) that the Respond-
ents' employees are free to become or remain members of the Ameri-
168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
can Federation of Guards & Police, affiliated with the American
Federation of Labor, or any other labor organization, and Respond-
ents Empire Ordnance Corporation and Wissahickon Tool Works,
Inc , will not discriminate against any employee because of member-
ship or activity in that organization or any other such organization;
(g) Notify the Regional Director of the Fourth Region, in wilting,
within ten (10) days of the order of the National Labor Relations'
Board, what steps have been taken to comply therewith