Ever-Tite Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 12, 1941

32 N.L.R.B. 619 (N.L.R.B. 1941)

In the Matter of EVER-TITE MANUFACTURING Co. and METAL POLISH-
ERS, BUFFERS, PLATERS AND HELPERS INTERNATIONAL UNION, LOCAL
49, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. C-2874.Decided Jime 12, 1941
Jurisdiction : metal products manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Henry W. Lehmann, for the Board.
Smith, Swift c Maloney, by Mr. Richard B. Swift, of Davenport,
Iowa, for the Respondent.
Mr. Wm. Kaufman, of Cincinnati, Ohio, for the Union.
Mr. Norman M. Neel, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Metal Polishers,
Buffers, Platers and Helpers International Union, Local 49, affiliated
with the American Federation of Labor, herein called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Eighteenth Region (Minneapolis, Minne-
sota) issued its complaint dated March 28, 1941, against Ever-Tite
Manufacturing Co., Davenport, Iowa, 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), (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 complaint accompanied by notice of hearing were duly served
upon the respondent and upon the Union, and a hearing upon the
allegations set forth in the complaint was scheduled to begin on April
10, 1941, at Davenport, Iowa. On April 4, 1941, the respondent filed
a motion with the Regional Director requesting that the date of hear-
ing and date for filing an answer be continued indefinitely. On April
4, 1941, an order was issued by the Regional Director continuing the
32 N. L. R. B., No. 113.
619
620 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
date of hearing indefinitely and extending indefinitely the time in
which answer might be filed.
Concerning the unfair labor practices the complaint alleged in
substance (1) that the Union is and at all times since December 1,
1940, has been the exclusive representative of the employees of the
Company in a unit appropriate for the purposes of collective bar-
gaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment; (2) that the respondent on or about
December 21 and 27, 1940, and at all times since December 21, 1940,
has refused to bargain collectively with the Union as the representa-
tive of said employees and has refused to recognize, bargain with,
or treat with the Union or its representatives for the purposes of col-
lective bargaining; (3) that the respondent laid off or discharged, and
refused to reinstate certain of its employees for the reason that said
employees joined and assisted the Union and engaged in concerted
activities with other employees for the purposes of collective bargain-
ing and other mutual aid and protection; and (4) that the respondent
has advised, urged, threatened, and warned its employees to refrain
from becoming or remaining members of the Union or assisting
the Union, and by the making of derogatory comments concerning
the Union and other labor organizations, manifested its disapproval
of and opposition to the self-organization of its employees.
On May 6, 1941, the respondent, the Union, and counsel for the
Board entered into a stipulation. The stipulation provides as
follows : - -
STIPULATION
IT IS HEREBY STIPULATED AND AGREED by and between Ever-Tito
Manufacturing Co., a 'corporation, hereinafter called the Re-
spondent, by its attorneys, Smith, Swift and Maloney; Metal
Polishers, Buffers, Platers and Helpers International Union,
Local 49, affiliated with the American Federation of Labor,
hereinafter called the Union, by its International Representa-
tive, William Kaufman; and Henry W. Lehmann, Attorney
for the National Labor Relations Board, that:
1. Upon charges and amended charges duly filed by William
Kaufman, International Representative, on behalf of the Union,
the National Labor Relations Board, hereinafter called the
Board, by the Regional Director of the Eighteenth Region,
issued its Complaint dated March 28, 1941, against the Respond-
ent, stating the charges and alleging that the -Respondent had
engaged in and was engaging in unfair labor practices affecting
commerce within the meaning of Section 8, subdivisions (1), (3),
and (5) and Section 2, subdivisions (6) and (7) of the National
EVER-TITE MANUFACTURING CIO. 621
Labor Relations Act, 49 Stat. 449. On March 29, 1941, the said
Complaint, accompanied by Notice of Hearing, was duly served
on the Respondent and on the Union; and a hearing upon the
allegations set forth in said Complaint was scheduled by the
Notice of Hearing to begin on April 10, 1941, at Davenport,
Iowa. On April 4, 1941, the Respondent, by its attorney, filed
a motion with the Regional Director for the Eighteenth Region,
requesting that the date of hearing be continued indefinitely and
that the date for filing an answer be continued indefinitely. On
April 4, 1941, an order was issued by the said Regional Director,
continuing the date of hearing indefinitely and extending the
time within which an answer might be filed indefinitely.
2. Without admitting that any of the unfair labor practices
alleged in the Complaint have been committed, the Respondent
now joins in this Stipulation and agreement to the end that this
matter may bea amicably settled.
3. All of the parties hereto waive the right to a hearing, to
the taking of testimony or the submission of evidence, to the
making of findings of fact or conclusions of law by the National
Labor Relations Board, and to any other or further proceedings,
preliminary to the issuance of an order herein, under the National
Labor Relations Act or the Rules and Regulations of the
National Labor Relations Board.
4. The Amended Charge, the Complaint and Notice of Hear-
ing, the other pleadings and documents referred to in paragraph
1 above, and this Stipulation shall constitute the entire record
in this proceeding. Said documents shall, be entered in and made
a part, of the record herein by filing with the Chief Trial Ex-
aminer of the National Labor Relations Board at Washington,
D. C.
5. The Respondent is, and has been at all times since Novem-
ber 25, 1939, a corporation organized under and existing by virtue
of the laws of the State of Iowa.. The principal office and-place
of business of the Respondent is located at Davenport, Iowa.
The Respondent has no parent, subsidiary, or affiliated corpora-
tions. The Respondent at its place of business in Davenport,
Iowa, is engaged principally in the manufacturing, processing,
'sale and distribution of automobile grill guards, metal castings
and metal parts. In the operation of its place of business at
Davenport, Iowa, the Respondent purchases sheet metal, castings,
metals, emery, and other materials. During the calendar year
1940, the Respondent's total purchases in connection with its
business at Davenport, Iowa, amounted to approximately
$25,000.00, of which approximately 95 per cent was purchased out-
622 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
side of the State of Iowa, and shipped to the Respondent's plant
in Davenport, Iowa, from outside the State of Iowa. During
the calendar year 1940, the Respondent's annual sales amounted
to approximately $60,000.00, of which approximately 95 per cent
was sold and shipped to purchasers outside the State of Iowa.
For this proceeding only, the Respondent stipulates to the
above facts and admits that the operations of the Respondent
occur in commerce, within the meaning of Section 2 (6) and (7)
of the Act.,
6. The Union, affiliated with the American Federation of Labor,
is a labor organization within the meaning of Section 2 (5) of
the Act. The ' Union admits to membership employees of the
Respondent.
7. All of the metal polishers, buffers, platers, and helpers
employed by the Respondent at its place of business in Davenport,
Iowa, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
The Union on December 20, 1940, and at all times thereafter, has
been the representative for the purposes of collective bargaining
of a majority of the employees within the said unit, and, there-
fore, was on December 20, 1940, and at all times thereafter has
been, the exclusive representative of all employees in said unit,
for the purposes of collective bargaining: within the meaning
of Section 9 (a) of the Act.
. 8. All of the parties hereto expressly consent and agree that
upon the Stipulation and the record herein, and without further
notice or proceedings herein, the National Labor Relations Board
may enter an order providing as follows :
(1) The Respondent, Ever-Tite Manufacturing Co., its
officers, agents, successors and assigns, shall not :
(a) Discourage membership in the Metal Polishers, Buffers,
Platers and Helpers International Union, Local 49, or any
other labor organization by discharging, laying off, or refusing
to reinstate any of its employees, or in any other manner dis-
criminate in regard to hire and tenure of employment, or any
term or condition of employment because of membership in such
organization; ' '
(b) 'Refuse to bargain collectively, with Metal Polishers,
Buffers, Platers, and Helpers International Union, Local 49,
affiliated with the American Federation of Labor, as the exclu-
sive 'representative of the metal polishers, buffers, platers and
helpers employed by the Respondent at its place of business in
Davenport, Iowa, in respect to rates of pay, wages, hours of
employment, and other' conditions of employment;
EVER-T'IT'E MANUFACTURING CO. 623
(c) In any other manner interfere with, restrain, or coerce
its employees in the exercise of the right to self-organization,
to form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, or to en-
gage 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.
(2) The Respondent, Ever-Tite Manufacturing Co., its officers,
agents, successors or assigns, shall take the following affirmative
action to effectuate the policies of the Act :
(a) Upon request, bargain collectively with Metal Polishers,
Buffers, Platers and Helpers International Union, Local 49,
affiliated with the American Federation of Labor, as the ex-
clusive bargaining agent of the metal polishers, buffers, platers
and helpers employed by the Respondent at its place of business
in Davenport, Iowa, in respect to rates of pay, wages, hours of
employment, and other conditions of employment;
(b) Make whole Lee Kennedy for any loss of wages which he
may have suffered by reason of his discharge on or about Octo-
ber 24, 1940, by the payment to him of the sum of Seventy-five
Dollars ($75.00) ; George Varner for any loss which he may
have suffered by reason of his discharge on or about December
18, 1940, by the payment to him of the sum of Ten Dollars
($10.00) ; and Jack May for any loss which he may have suffered
by reason of his discharge on or about December 18, 1940, by
the payment to him of the sum of Forty Dollars (40.00) ;
(c) Post immediately in conspicuous places throughout its
plant in Davenport, Iowa, and maintain for a period of at least
sixty (60) consecutive days from the date of posting, notices
to its employees, stating that the Respondent will conform to
requirements as ordered in paragraphs 1 (a) to 1 (c) of this
order, both inclusive, and that the Respondent will take the
affirmative action set forth in paragraph 2 (a) of this order;
and that Respondent's employees are free to become or remain
members of Metal Polishers, Buffers, Platers and Helpers Inter-
national Union, Local 49, and that the Respondent will not in
any way interfere with or discriminate against any employee
because of membership or lawful activity in that organization;
(d) Notify the Regional Director for the Eighteenth Region
in writing within ten (10) days from the date of this order,
what steps the Respondent has taken to comply herewith, and
further notify the Regional Director for the Eighteenth Region
in writing, when the Respondent has completed the affirmative
624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
action provided for herein , and what further steps Respondent
has taken to comply herewith.
9. All of the parties hereto expressly consent'and agree that,
upon application of the National Labor Relations Board, the
appropriate United States Circuit Court of Appeals shall enter
a decree enforcing the order hereinabove agreed to, in the forms
and terms hereinabove set forth , and hereby expressly waive any
right to contest the entry of said decree or to receive further notice
of the application for or entry of said decree , provided that a
copy of said decree shall be served upon the Respondent after its
entry.
10. This Stipulation , and all agreements made herein , are sub-
ject to the approval of the National Labor Relations Board, and
this Stipulation shall become effective immediately upon notice
to the parties of the granting of such approval . Should the Na-
tional Labor Relations Board fail to approve this Stipulation
within fourteen (14) days from the date of signing thereof, this
Stipulation shall be null and void, and of no effect.
11. This Stipulation constitutes the entire agreement between
the parties hereto, and no verbal agreement of any kind has been
made, which alters, detracts from, or adds to this Stipulation.
On May 15, 1941, the Board issued an order approving the above
stipulation , making it a part of the record in the case and transferring
the proceedings to the Board for the purpose of entry of the Decision
and Order pursuant to the provisions of the stipulation.
Upon the above stipulation and the entire record in the case, the
:Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Ever-Tite Manufacturing Co., is an Iowa corporation , having its
principal office and place of business in Davenport , Iowa, engaged
principally in the manufacture , processing , sale, and distribution of
automobile grill guards , metal castings and metal parts. In the opera-
tion of its business , it purchases sheet metal , castings , metals, emery,
and other materials . During the calendar year 1940 its' total pur-
chases of materials amounted to approximately $25,000 in value, of
which approximately 95 per cent were purchased outside the State of
Iowa. During the calendar year 1940 , the respondent 's sales of prod-
ucts amounted to approximately $60,000 in value. Approximately 95
per cent of its products were sold and shipped to purchasers outside
the State of Iowa. The respondent concedes that it 'is engaged in
E'VEIR-PITE MANUFACTURING CO. 625
interstate commerce within the meaning of the Act for the purposes
of this proceeding.
We find that the above -described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
II. THE ORGANIZATION INVOLVED
Metal Polishers, Buffers, Platers and Helpers International Union,
Local 49, affiliated with the American Federation of Labor, is a labor
organization within the meaning of Section 2 ( 5) of the National
Labor Relations Act.
ORDER
Upon the basis of the above findings of fact, the above 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 respondent, Ever-Tite Manufacturing
Co., Davenport, Iowa, its officers , agents, successors and assigns :
(1) Shall not:
(a) Discourage membership in the Metal Polishers , Buffers, Plat-
ers and Helpers International Union, Local 49, or any other labor
organization by discharging, laying off, or refusing to reinstate any
of its employees, or in any other manner discriminate in regard to
hire and tenure of employment, or any term or condition of employ-
ment because of membership in such organization;
(b) Refuse to bargain collectively with Metal Polishers , Buffers,
Platers, and Helpers International Union, Local 49, affiliated with
the American Federation of Labor, as the exclusive representative
of the metal polishers , buffers, platers , and helpers employed by the
respondent at its place of business in Davenport, Iowa, in respect
to rates of pay, wages, hours of employment, and other conditions
of employment;
(c) In any other manner interfere with, restrain , or coerce its
employees in the exercise of the right to self-organization , to form,
join or assist Tabor organizations , to bargain collectively through
representatives of their own choosing, or 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.
(2) Shall take the following affirmative action in order to effectuate
the policies of the Act :
(a) Upon request, bargain collectively with Metal Polishers, Buf-
fers, Platers and Helpers International Union, Local 49, affiliated
with the American Federation of Labor, as the exclusive bargaining
626 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
agent of the metal polishers , buffers, platers and helpers employed
by the respondent at its place of business in Davenport , Iowa, in
respect to rates of pay, wages, hours of employment , and other
conditions of employment;
(b) Make whole Lee Kennedy for any loss of wages which he may
have suffered by reason of his discharge on or about October 24,
1940, by the payment to him of the sum of Seventy -five Dollars
($75.00) ; George Varner for any loss which he may have suffered by
reason of his discharge on or about December 18 , 1940, by the pay-
ment to him of the sum of Ten Dollars ($10.00 ) ; and Jack May for
any loss which he may have suffered by reason of his discharge on
or about December 18, 1940, by the payment to him of the sum of
Forty Dollars ($40.00) ;
• (c) Post immediately in conspicuous places throughout its plant
in Davenport , Iowa, and maintain for a period of at least sixty (60)
consecutive days from the date of posting, notices to its employees,
stating that the respondent will conform to requirements as ordered
in paragraphs 1 (a) to 1 ( c) of this order , both inclusive , and that
the respondent will take the affirmative action set forth in paragraph
2 :(a) of , this order ; and that, respondent 's employees are free to
become or remain members of Metal Polishers , Buffers, Platers and
Helpers International Union, Local 49, and that the respondent will
not in anyway interfere with or discriminate against , any employee
because of membership -or lawful activity- in that organization;
(d) Notify the Regional Director for the Eighteenth Region in
writing within ten (10 ) days , from the date of-this order, what steps
the respondent has taken to comply herewith ; and further notify the
Regional . Director for the Eighteenth Region in writing, when the
respondent has completed the affirmative action provided for herein,
and what further steps respondent has taken to comply herewith.