Great States Manufacturing Company

National Labor Relations Board - Board Decisions

Jun 7, 1939

13 N.L.R.B. 115 (N.L.R.B. 1939)

In the Matter of A. E . SANDHAUS , DOING BUSINESS UNDER TIC TRADE
NAME OF GREAT STATES MANUFACTURING COMPANY and STEEL
WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE C. I. O.
Case No. C-1282.-Decided June 7, 1939
Vending Machine Industry-Settlement : stipulation providing for compliance
with Act, reinstatement of and payment of back wages to employees , and recog-
nition of union-Order: entered on stipulation.
Mr. Paul F. Broderick, for the Board.
Mr. A. E. Margolin and Mr. A. E. Sandh aus, of Kansas City, Mo.,
for the respondent.
Mr. Walter Love, of Kansas City, Mo., for the Union.
Mr. Richard A. Williams , of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges filed by Steel Workers Organiz-
ing Committee, affiliated with the Congress of Industrial Organiza-
tions, herein called the Union, the National Labor Relations Board,
herein called the Board , by the Acting Regional Director for the
Seventeenth Region (Kansas City , Missouri ), issued its complaint on
March 27, 1939 , against A. E. Sandhaus , doing business under the trade
name of Great States Manufacturing Company, herein called the re-
spondent , alleging that the respondent had engaged in and was engag-
ing in unfair labor practices 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. A copy of the complaint
and notice of hearing thereon were duly served upon the respondent
and the Union. The respondent did not file an answer to the
complaint.
Concerning the unfair labor practices , the complaint alleged, in
substance , that the respondent had terminated the employment of and
refused to reinstate , six named employees because they joined and
assisted the Union ; that although on and before November 6, 1937,
and at all times thereafter , the Union was the representative of a ma-
13 N. L. R. 13., No. 16. -
115
116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
jority of respondent's employees in an appropriate unit, the respondent
had refused to bargain collectively with it; and that the respondent,
by the afore-mentioned acts, and by making statements derogatory to
labor organizations, by threatening to close down his plant, and by
other acts, had interfered with, restrained, and coerced his employees
in the exercise of the rights guaranteed in Section 7 of the Act.
On April 14, 1939, the respondent, the Union, and the Acting Re-
gional Director for the Board entered into a stipulation in settlement
of the case.-
The April 14, 1939, stipulation, as corrected, provides as follows : 2
It is hereby stipulated and agreed by and between A. E. Sand-
haus, doing business under the trade name of Great States Manu-
facturing Company, hereinafter referred to as respondent, by
A. E. Sandhaus and Abraham E. Margolin, his attorney, the Steel
Workers Organizing Committee, affiliated with the Congress of
Industrial Organizations, hereinafter referred to as the Union,
and Paul F. Broderick, Acting Regional Director, National Labor
Relations Board, Seventeenth Region, as follows :
I
1. Upon charges duly filed by the Union, the National Labor
Relations Board, through Paul F. Broderick, Acting Regional
Director, Seventeenth Region, as agent of the National Labor
Relations Board acting pursuant to authority granted in Section
10 (b) of the National Labor Relations Act, approved July 5,
1935, and acting pursuant to its Rules and Regulations-Series
1, as amended-Article IV, Section 1, issued its complaint on the
twenty-seventh (27th) day of March, nineteen hundred thirty-
nine (1939), against A. E. Sandhaus, doing business under the
trade name of Great States Manufacturing Company, respondent
herein. A complaint was duly served upon all parties hereto on
the twenty-seventh (27th) day of March, nineteen hundred
thirty-nine (1939).
2. It is hereby stipulated and agreed, subject to the approval
of the National Labor Relations Board, that :
(a) Respondent expressly waives its right to notice of hearing,
its right to file an answer, its right to a hearing in this matter
i On May 8, 1939 , the respondent , the Union , and the Acting Regional Director entered
into an additional stipulation as a result of which the words "Steel Workers Organizing
Committee , affiliated with the Congress of Industrial Organizations " were substituted
for the words "Steel Workers Organizing Committee , affiliated with the Congress for
Industrial Organization" wherever the latter words appeared in the stipulation executed
by the parties hereto on April 14, 1939 The stipulation is set forth here with the correc-
tions made by virtue of the additional stipulation of May 8, 1939, which is not set forth.
2 Due to the fact that it is identical with appendix A of the Board 's order herein,
Schedule A of the stipulation of April 14, 1939, as corrected, is not set forth.
A. E. SANDHAUS 117
before a Trial Examiner, and its right to offer evidence, and to
take testimony in a hearing in this matter;
(b) Respondent expressly waives the making of findings of
fact or conclusions of law by the National Labor Relations
Board ;
(c) Respondent expressly consents to the issuance by the
National Labor Relations Board of a decision and order based
upon this stipulation as hereinafter set out.
II
1\
It is stipulated and agreed that :
1. Respondent, A. E. Sandhaus, doing business under the trade
name of the Great States Manufacturing Company, has its prin-
cipal office in the City of Kansas City, Missouri, and -operates
and maintains a plant at 1605 East 39th Street in said city, and
is now and has continuously been engaged at its plant aforesaid
in the business of assembling and selling vending machines.
2. Respondent, in the course and conduct of its business, causes
and has continuously caused a substantial portion of the raw
materials used in the assembly of its machines, and a substantial
portion of the contents thereof, including peanuts, candy, con-
fections and trinkets, to be purchased and transported, from and
through states of the United States, other than the State of, Mis-
souri, to the Kansas. City plant of respondent, and • causes and
has continuously caused over seventy (70) percent of its prod-
ucts to be sold and transported in interstate commerce from the
Kansas City plant in the State of Missouri, into and through the
states of the United States other than the State of Missouri,
to customers in other states.
3. Respondent is engaged in interstate commerce within the
meaning of Section 2 (6) and (7) of the National Labor Rela-
tions Act.
III
It is stipulated and agreed that : ,
1. Steel Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations, is a labor organization
within the meaning of Section 2 (5) of the said Act.
2. All of the production employees, exclusive of foremen,
supervisory employees, clerks and office employees at respond-
ent's plant constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of said
Act.
3. On or before November 6, 1937, a majority of the employees
in said unit had designated the Steel Workers Organizing Com-
187930-39-vol 13-9
118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mittee, affiliated with the Congress of Industrial Organizations,
as their representative for the purposes of collective bargaining
with the respondent, such designation having been made by
becoming members of the Steel Workers Organizing Comittee,
affiliated with the Congress of Industrial Organizations. At all
times since November G, 1937, said union has been the representa-
tive for collective bargaining of a majority of the employees in
said unit and has been, by virtue of Section 9 (a) of said Act,
the exclusive representative of all employees of such unit for the
purposes of collective bargaining in respect to rates of pay,
wages, hours of employment and other conditions of employment.
IV
It is further stipulated and agreed by and between the respec-
tive parties hereto that the National Labor Relations Board may
forthwith enter an order in the above-entitled case to the follow-
ing effect : -
Respondent, A. E. Sandhaus, doing business under the trade
name of Great States Mainufacturing Company, its officers,
agents, successors and assigns, shall:
1. Cease and desist from the date thereof :
(a) From interfering in any manner with, restraining or co-
ercing its employees in the exercise of their rights to self-organ-
ization, to bargain collectively through representatives of their
own choosing, and to engage in concerted activities for the pur-
pose of collective bargaining and other mutual aid and protec-
tion as guaranteed in Section 7 of the National Labor Relations
Act;
(b) From discouraging membership in the Steel Workers
Organizing Committee, affiliated with the Congress of Indus-
trial Organizations, or any other labor organization of its em-
ployees, by discriminating against employees in regartxto the
hire or tenure of employment or any other terms or conditions of
employment, or by any other means ;
(c) From refusing to bargain collectively with the Steel
Workers Organizing Committee, affiliated with the Congress of
Industrial Organizations, as the exclusive representative of re-
spondent's production employees, exclusive of foremen, super-
visory employees, clerks and office employees at respondent's
plant, in respect to rates of pay, wages, hours of employment
and other conditions of employment.
2. Take the following affirmative action to effectuate the
policies of the National Labor Relations Act:
A. E. SANDHAUS 119
(a) Immediately pay to those employees listed on Schedule
A, attached hereto and made a part hereof, the sums of money
set out opposite their respective names, in full settlement of all
claims that employees so listed have as a result of their dis-
criminatory discharges from employment of respondent.
(b) Offer immediate and full reinstatement to those employees
listed on said Schedule A, without prejudice to their seniority
and other rights and privileges, to all positions in respondent's
plant which are now filled by employees hired since November
6, 1937, the date of the dismissal of employees listed on Schedule
A, and if, after the dismissal of said employees, there, are not
sufficient jobs for all of the employees listed on Schedule A, then
place the remainder of said employees on a preferential hiring
list to be the first recalled when the business of respondent war-
rants the hiring of additional employees,
(c) Upon request, bargain collectively with the Steel Work-
ers Organizing Committee, affiliated with the Congress of In-
dustrial Organizations, as the exclusive representative of respond-
ent's production employees, exclusive of foremen, supervisory
employees, clerks and office employees at respondent's plant, in
respect to rates of pay, wages, hours of employment and other
conditions of employment,
(d) Post immediately in conspicuous places in respondent's
plant and maintain for a period of at least sixty (60) consecu-
tive days, notices to its employees, stating that respondent will:
(1) Cease and desist, as aforesaid, and
(2) Take the affirmative action aforesaid,
(e) Notify the Acting Regional Director for the Seventeenth
Region within a period of ten (10) days after the entry of the
order what steps have been taken to comply with the said order.
V
It is further stipulated and agreed that this stipulation, to-
gether with the charge and the complaint and proof of service
thereof may be filed with the Chief Trial Examiner of the Board
in Washington, D. C.
VI
It is further stipulated and agreed that after the making of
said order and decision by the National Labor Relations Board,
said Board may.submit, without further notice to the parties
hereto, a consent decree to the appropriate Circuit Court of the
United States Circuit Court of Appeals, which decree shall pro-
vide for the affirmance and enforcement in full of each and every
provision contained in the order which it is hereinbefore pro-
120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vided that the National Labor Relations Board may make herein,
and the several parties hereto hereby consent to the entry of
said decree by said appropriate Circuit Court of Appeals.
VII
All stipulations herein made and the terms and provisions
thereof are made subject to the approval of the National Labor
Relations Board.
On May 15, 1939, the Board issued its order approving the stipu-
lations mentioned above, making them a part of the record, and
transferring the proceeding to the Board for purposes of entry of a
decision and order by the Board, pursuant to the terms of the
stipulations.
Upon the entire record in the case the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, A. E. Sandhaus, doing business under the trade
name of Great States Manufacturing Company, with his principal
office and place of business in Kansas City, Missouri, is engaged in
the business of assembling and selling vending machines. The raw
materials used by the respondent in his operations include peanuts,
candy, confections, and trinkets. A substantial portion of these raw
materials are purchased and transported from points outside the
State of Missouri. Over 70 per cent of the respondent's products
are sold and transported in interstate commerce to points outside
the State of Missouri. The respondent stipulated that he is en-
gaged in commerce within the meaning of Section 2 (6) and (7) of
the Act.
We find the above-described operations of the respondent consti-
tute a continuous flow of trade, traffic, and commerce among the
several States.
H. THE LABOR ORGANIZATION INVOLVED
Steel Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the respondent at his Kansas City,
Missouri, plant.
III. THE APPROPRIATE UNIT
We find that all of the production employees, exclusive of foremen,
supervisory employees, clerks, and office employees, at the respondent's
A. E. SANDHAUS 121
Missouri plant, constitute a unit appropriate for the purpose of col-
lective bargaining and that such unit insures to the employees the
full benefit of their right to self-organization and collective bar-
gaining and otherwise effectuates the policies of the Act.
IV. REPRESENTATION OP A MAJORITY WITHIN THE APPROPRIATE UNIT
We find that on or before November 6,,1937, and at all times there-
after, a majority of the respondent's employees in an appropriate
unit designated the union as their representative for the purposes
of collective bargaining; and that at all times thereafter, the Union
was the representative for the purposes of collective bargaining of
a majority of the respondent's employees in an appropriate unit. By
virtue of Section 9 (a) of the Act, therefore, it was the exclusive
representative of all the respondent's employees in the said unit for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
ORDER
Upon the basis of the above findings of fact, stipulations, and the
entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, A. E. Sandhaus, doing business
under the trade name of Great States Manufacturing Company, his
officers, agents, successors and assigns shall:
1. Cease and desist from :
(a) Interfering in any manner with, restraining or coercing his
employees in the exercise of their rights to self-organization, to bar-
gain collectively through representatives of their own choosing, and
to engage in concerted activities for the purpose of collective bar-
gaining and other mutual aid and protection as guaranteed in Sec-
tion 7 of the National Labor Relations Act;
(b) Discouraging membership in the Steel Workers Organizing
Committee, affiliated with the Congress of Industrial Organizations,
or any other labor organization of his employees, by discriminating
against employees in regard to the hire or tenure of employment or
any other terms or conditions of employment, or by any other means;
(c) Refusing to bargain collectively with the Steel Workers Organ-
izing Committee, affiliated with the Congress of Industrial Organiza-
tions, as the exclusive representative of respondent's production
employees, exclusive of foremen, supervisory employees, clerks and
office employees at respondent's plant, in respect to rates of pay,
wages, hours of employment and other conditions of employment.
122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act:
(a) Immediately pay to those employees listed on Appendix A
attached hereto and made a part hereof, the sums of money set out
opposite their respective names, in full settlement of all claims that
employees so listed have as a result of their discriminatory discharges
from employment of respondent;
(b) Offer immediate and full reinstatement to those employees
listed on said Appendix A, without prejudice to their seniority and
other rights and privileges, to all positions in respondent's plant
which are now filled by employees hired since November 6, 1937, the
date of the dismissal of employees listed on Appendix A, and if,
after the dismissal of said employees, there are not sufficient jobs for
all of the-employees listed on Appendix A, then place the remainder
of said employees on a preferential hiring list to be the first recalled
when the business of respondent warrants the hiring of additional
employees ;
(c) Upon request, bargain collectively with the Steel Workers
Organizing Committee, affiliated with the Congress of Industrial
Organizations, as the exclusive representative of respondent's pro-
duction employees, exclusive of foremen, supervisory employees;
clerks and office employees at respondent's plant, in respect to rated
of pay, wages, hours of employment and other conditions of
employment ;
(d) Post immediately -in conspicuous places in respondent's plant
and maintain for a period of at least sixty (60) consecutive days,
notices to its employees, stating that respondent will: (1) cease and
desist, as aforesaid, and (2) take the affirmative action aforesaid;
(e) Notify the Acting Regional Director for the Seventeenth
Region within a period of ten (10) days after the entry of this
Order what steps have been taken to comply herewith.
APPENDIX A
George Frey------------------------------------------------ $50
Joseph Frey------------------------------------------------ 50
Robert Hobbs ----------------------------------------------- 50
Bud Rule--------------------------------------------------- 50
Edward L. Scott2------------------------------------------- 50
Bernice Vaughn--------------------------------------------- 50
1 Referred to as "Bob" Hobbs in the amended charge
2 Referred to as "E L" Scott in the amended charge
$300
MR. WILLIAM -M. LEIsERsoN took no part in the consideration of the
above Decision and Order.