Garden City Plating & Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 24, 1942

41 N.L.R.B. 1211 (N.L.R.B. 1942)

In the Matter of GARDEN CITY PLATING, & MANUFACTURING COMPANY
and CASTING DIVISION, INTERNATIONAL , UNION, MINE, MILL &
SMELTER WORKERS ,, C. I. O.
Case No. C-2291.-Decided June 24,1942
Jurisdiction : hardware and ordnance manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Robert T. Drake and Mr. David, Karasick, for the Board.
Messrs. Jacobson, Merrick, Nierman d Silbert, by Mr. David "Silbert
and Mr. Robert Shapiro, of Chicago,. Ill., for the respondent.
Mr. Herman Clott, of Chicago, Ill.,, for the Union.
Mr. Edward T. Havey, of Chicago, Ill., for Garcy.
Mr. Fred A. Dewey,, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges, and amended charges, duly, filed by Casting Division,
International Union, Mine,, Mill &, Smelter Workers, C. I. 0., herein
called "the Union,, the National Labor Relations Board, herein called
the Board, by the Regional Director for the Thirteenth Region,
(Chicago,, Illinois), issued its, complaint dated May, 13, 1942, against
Garden, City, Plating & Manufacturing Company, Chicago, Illinois,
herein called the respondent, alleging that, the respondent had en-
gaged in and was engaging in unfair labor practices affecting com-
merce 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 were duly served
upon the, Union,, the respondent, and Garcy Employees Association.
Concerning the unfair labor practices, the complaint alleged in sub-
stance that the respondent: (1) from 1939 to October 15, 1941, domi-
nated and interfered with a labor organization of its employees
known as the Grievance Committee and contributed financial and
other support to it; (2) about October 15,,1941, instigated the forma-
tion of a labor organization among its employees known as Garcy
41 N. L. R. B., No 221.
1211
1212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Employees Association, herein called Garcy, and thereafter to the
date of the complaint advised and warned its employees to join Garcy,
permitted representatives of Garcy to solicit memberships on company
time and property, collected dues for Garcy by means of a check-off,
entered into an illegal collective bargaining agreement with Garcy,
and dominated and interfered with the administration of Garcy and
,contributed financial and other support to it; (3) on or about October
14, 1941, discharged employee Donald Peterson and thereafter failed
and refused to reinstate him, and on or about November 4, 1941,
discharged employee Carl Mastny and thereafter refused to rein-
state him because said employees were members of the Union and
engaged in union activities; (4) from September 1941, to the date of
the complaint, questioned its employees concerning their union affili-
ations, urged and warned them against joining and retaining mem-
bership in the Union, and offered wage increases to union members
on condition that they cease their union activities; and (5) by the
foregoing acts, interfered with, restrained, and coerced its employees
in the exercise of rights guaranteed in Section 7 of the Act.
A hearing was begun on May 25, 1942, at Chicago, Illinois, before
Josef L. Hektoen, the Trial Examiner duly designated by the Chief
Trial Examiner. On May 29, 1942, at the conclusion of the Board's
case, the hearing was closed, subject to approval by the Board of a
stipulation entered into between the respondent, the Union, Garcy2
and counsel .for the Board. The stipulation provides as follows : ,
IT IS HEREBY STIPULATED AND AGREED by and between Garden
City Plating & "Manufacturing Company, hereinafter called the
Respondent; Casting Division, International Union, Mine, Mill
& Smelter `Yorkers, C. I. 0., hereinafter called the Union; Garcy
Employees Association, hereinafter called Garcy; and I. S. Dorf-
man, Regional Attorney, and Robert T. Drake and David
Karasick, Attorneys for the Thirteenth Region of the National
Labor Relations Board, that :
I
Upon charges and amended charges duly filed by the Union,
the National Labor Relations Board, hereinafter called the Board,
by the -Regional Director for the Thirteenth Region, issued its
Complaint dated May 13, 1942 against the Respondent, alleging
that the Respondent did engage in and is 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, hereinafter called the Act. The
Complaint, accompanied by Notice of Hearing, was served- upon
GARDEN CITY PLATING & MANUFACTURING COMPANY 1213
the Respondent, the Union and Garcy. A hearing was held
from May 25, 1942 to May 29, 1942, both inclusive, at Chicago,
Illinois, before Josef L. Hektoen, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The Board, the Respondent
and- Garcy were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. On May 29, 1942, at the con-
clusion`of"the Board's case, the hearing was closed, subject to
approval by the Board of this Stipulation and Agreement.
II
• The Respondent, an Illinois corporation, is engaged in the
business of manufacturing and selling hardware, -ornamental
metal work, lighting reflectors, show cases and store fixtures.
The main plant and a branch plant of the Respondent are
located in Chicago, Illinois. During the years 1941 and 1942 up to
the present time, the Respondent has also been engaged in the
manufacture and sale of bomb fuse caps, shells for armament pro-
duction and other products and materials connected with the War
Program. During the year 1941, the Respondent purchased raw
materials valued at $532,642.00, more than one-half of which
was shipped to the Respondent's plants from points outside the
State of Illinois. During the 'year 1941, the Respondent sold
finished products valued at $1,559,429.00, more than one-half of
which was shipped to points outside the State of Illinois.
Respondent agrees that it is engaged in interstate commerce
within the meaning of the Act. -
III
The Union , the Grievance Committee, and Garcy are labor
organizations within the meaning of Section 2 (5) of the Act.
IV
The parties hereto expressly waive'the right to further hearing
herein and to making of Findings of Fact and Conclusions of
Law- in this proceeding by the Board. The Complaint,' Notice
of Hearing, the Fourth Amended Charge, affidavit as to Service
of Complaint and Notice of Hearing, Answer 'of Respondent,
Answer of Garcy, Order Designating Trial Examiner, and this
Stipulation and Agreement shall constitute the record in the case.
1214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V
On the basis of the record as above described, including this
Stipulation and Agreement, if 'approved by the Board, an Order
may forthwith be entered by the Board providing as follows :
The Respondent, Garden City Plating & Manufacturing
Company and its officers, agents, successors and assigns, shall :
1. Cease and desist from :
(a) Dominating or interfering with the formation or ad-
ministration of Garcy Employees Association, or with. the
Grievance Committee, or with the formation or administration
of any' other labor organization of its employees, and from
contributing support to the Garcy Employees Association, or
the Grievance Committee, or any other labor organization of
its employees;
(b) Recognizing Garcy Employees Association and the
Grievance Committee, or either of them, as the representative
of any of its employees for the purpose of dealing with the
Respondent concerning grievances, labor disputes, rates 'of pay,
wages, hours of employment, or other conditions of employ-
ment;
(c) Giving effect to -its contract of December 4, 1941 with
Garcy Employees Association, or to any extension, renewal,
modification, or supplement thereof, or to any superseding
contract which may now be in force, without prejudice to the
'assertion by the employees of any legal rights acquired under
such contract; provided that nothing in this Order shall be
considered as a requirement on the part of the Respondent to
vary those wages, hours, seniority, and other -such substantive
features of its relations with the employees themselves, if any,
which the respondent may have established in performance of
the contract as extended, renewed, modified, supplemented or
superseded ;
(d) Discouraging membership in Casting Division, Inter-
national Union, Mine, Mill & Smelter Workers, C. I. 0., or any
other labor organization of its employees, by discharging its
employees or in any other manner discriminating in regard to
their hire and tenure of employment or any term or condition
of employment because of their membership in or activity in'
connection with any such labor organization;
,(e) In any other 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
GARDEN CITY PLATING & MANUFACTURING COMPANY 1215
choosing, and to engage in concerted activities for the purposes
of collective bargaining or other mutual aid or protection, as
guaranteed in Section 7 of the Act.
2. Take the following action to effectuate the policies of the
Act :
(a) Withdraw all recognition from Garcy Employees Asso-
ciation and from the Grievance Committee as the represent-
atives of any of its employees for the purpose of dealing with
the Respondent concerning grievances, labor disputes, wages,
rates of pay, hours of employment, or conditions of work, and
completely disestablish Garcy Employees Association and the
Grievance Committee, and each of them, as such represent-
atives ;
(b) Offer ,to Donald Peterson immediate and full reinstate-
ment to his former or to a substantially equivalent position
without prejudice to his seniority and other rights and
privileges ;
(c) Make whole Donald Peterson and Carl Mastny! for any
loss of pay they have suffered by reason of their discharges on
or about October 4, 1941 and November 6, 1941, respectively,
by payment to them of sums of money equal to the amount
which they would normally have earned as wages during the
period between the date of their discharge and May 29, 1942,
less their net earnings during such periods;
(d) Post immediately in conspicuous places throughout its
plant at 1430 South Talman Avenue, Chicago, Illinois and at
its branch plant at 4234 North Lincoln Avenue, Chicago, Illi-
nois, and maintain for a period of not less than sixty (60)
consecutive days from date of posting notices to its employees
stating that the Respondent will not engage in the conduct
from which it is ordered to cease and desist in paragraphs (a),
(b), (c), (d), and (e) of this Order;
(e) Notify the Regional Director of the Thirteenth Region
in writing within ten (10) days from the date of the Board's
Order of the steps the Respondent has taken to comply here-
with.
VI
If it appears to the Board that its Order, as provided in this
Stipulation and Agreement, has been or is being violated, it may,
without hearing and without notice to the Respondent, or Garcy,
or the Grievance Committee, apply to the United States Circuit
Court of Appeals for the Seventh Circuit for the entry of a de--
cree^ enforcing in full the said Order of the Board, and each of
1216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD -
the parties hereto hereby consents to the entry of such decree
and hereby waives any and all requirements of notice for filing
of such application by the Board.
VII
It is understood and agreed that Carl Mastny has obtained
other regular and substantially equivalent employment and does
not desire reinstatement.
VIII
Although the Respondent denies that the unfair labor prac-
tices alleged in the Complaint have been committed , it never-
theless now joins in this Stipulation and Agreement solely for
the purposes herein stated , to the end that this matter may be
amicably settled.
IX
This Stipulation and Agreement is subject to and shall become
effective upon approval by the Board.
X
There is no oral understanding or agreement which varies from
or adds to this Stipulation and Agreement.
On June 12, 1942, the Board issued an order approving the above
stipulation, making it a part of the record, and pursuant to Article II,
Section 36, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, transferring the proceeding to the Board
for the purpose of entering a Decision and Order pursuant to the
provisions of the stipulation.
On the basis of the above stipulation and upon the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Garden City Plating & Manufacturing Company is an Illinois cor-
poration with its main plant and a branch plant located in Chicago,
Illinois. It is engaged in the business of manufacturing and selling
hardware, ornamental- metal work, lighting reflectors, show cases and
store fixtures. Since 1941, the respondent has also engaged in the man-
ufacture and sale of bomb fuse-caps,- shells for armament production,
and other war materials. During the year 1941, the respondent pur-
GARDEN-- CITY PLATING & MANUFACTURING COMPANY 1217
chased:'raw'niateiials valued at $532,642, of which more than- one-half
was shipped to the respondent 's plants from points outside the State
of -Illinois., Dur--ing - the sane period, the respondent- "sold finished
products ' valued at-$1 ,559,429; of which more than one-half - was shipped
to points outside the State of, Illinois. The respondent , admits that
it is engaged in commerce within the meaning of the'Act.
We find that, the' above -described operatio'ns' of the respondent con-
stitute a continuous flow of trade , traffic, and conunerce 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 respondent ;. Garden City` Plating &•
Manufacturing Coriipany , and its officers , agents; successors, and'-
assigns shall
1. Cease and desist from
(a) Dominating or interfering with the formation or administra-
tion of Garcy Eiployees Association, or with the•Grievance Commit-
tee, or with the formation or administration of any other .labor organ-
ization of its employees , and from contributing support to the Garcy
Employees Association , or the Grievance Committee , or any other
labor organization of its employees;
(b) Recognizing Garcy Employees Association and the Grievance
Committee , or either of them, as the representative of any of its
employees for 'the purpose of dealing with the Respondent concerning
grievances , labor disputes , rates of pay , wages, hour s of employment,
or other conditions of employment;'
(c) Giving effect to its contract of Deceniber 4, 1941 with Garcy
Employees Association , or to airy extension, renewal , modification, or'
supplement thereof; or to any superseding contract which may now
be in force, without prejudice to the assertion by the employees of
any legal rights acquired'-under such contract; provided that nothing
in this • Oide'r shall be considered as a requirement on the ' part of the
Respondent to vary those wages, hours, seniority, and` other such sub-
stantive features of its relations with the employees themselves, if
any, which the respondent may have established in performance of
the contract as extended , renewed, modified , supplemented or super-
seded;
(d) Discouraging membership yin Casting Division , International
Union, Mine , Mill & Smelter Workers , C. I. 0., or any other labor
organization of its employees , by discharging its employees or in any
other manner discriminating in regard to their hire and tenure _of
employment or any term or condition of employment because of-their
463892-42-vol. 41-77
1218 -DECISIONS- OF NATIONAL LABOR RELATIONS, BOARD
membership in-or activity in connection with any such labor organ-
ization';,
(e) ,In any other 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 con-
certed activities for the purposes of collective bargaining or other
mutual aid or protection, as guaranteed in Section 7 of the Act.
2. Take the following action to effectuate the policies of the Act :
(a) Withdraw all recognition from-Garcy Employees Association
and from the Grievance Committee as the representatives of any of
its employees for the purpose of dealing with the Respondent con-
cerning grievance, labor disputes, wages, rates of pay, hours of
employment, or conditions of work, and completely disestablish
Garcy' Employees Association and the Grievance Committee, and
each of them, as such representatives;
(b) Offer to Donald Peterson immediate and full reinstatement
to his former or to a substantially equivalent position without preju-
dice to his seniority and other rights and privileges;
(c) Make whole Donald Peterson and Carl Mastny for any loss of
pay they have suffered by reason of their discharges on or about
October 4, 1941 and November 6, 1941, respectively, by payment to
them of sums of money equal to the amount which they would
normally have earned as wages during the period between the date
of their discharge and May 29, 1942, less their net earnings during
such periods;
(d) Post immediately in conspicuous places throughout its plant
at 1430 South Talman Avenue, Chicago, Illinois and at its branch
plant at 4234 North Lincoln Avenue, Chicago, Illinois, and maintain
for a period of not less than sixty, (60) consecutive days from date of
posting notices to its employees stating that the Respondent will not
engage in the conduct from which it is ordered to cease and desist
in paragraphs, (a), (b), (c), (d), and (e) of this Order;
(e) Notify the' Regional Director of the Thirteenth Region in
writing within ten (10), days from the'date of the Board's Order of
the steps the Respondent has taken to comply herewith.