Great Western Optical Co.

National Labor Relations Board - Board Decisions

Mar 31, 1941

30 N.L.R.B. 853 (N.L.R.B. 1941)

In the Matter of GREAT WESTERN OPTICAL CO. and UNITED OPTICAL
WORKERS UNION, LOCAL 853, AFFILIATED WITH THE C. I. O.
Case No. C-1829.-Decided March 31, 1941
I Jurisdiction : optical equipment and supplies manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Charles F. McErlean , for the Board.
Mr. Edward Graff, of Chicago , Ill., for the respondent.
Mr. S. G. Lippman , of Chicago , Ill., for the Union.
Miss Charlotte Anschuetz , of counsel to the Board.
I DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon an amended charge duly filed by United Optical Workers
Union, Local 853; 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
Thirteenth Region (Chicago, Illinois), issued its complaint dated
January 28, 1941, and an amendment to the complaint dated February
11, 1941, against Great Western Optical Co., Chicago, Illinois, 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) 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, the amendment thereto, and notice of hearing
thereon were duly served upon the respondent and upon the Union.
With respect to the unfair labor practices, the complaint as amended
alleged in substance that : (1) on or about October 11, 1940, the re-
spondent discharged and thereafter refused to reinstate Edward
Chevlin for the reason that he joined and assisted the Union and en-
gaged in concerted activities for the purposes of collective bargaining
and other mutual aid and protection; and (2) that by the foregoing
acts, and by certain specified acts of urging, persuading, and warning
its employees against aiding, becoming; or remaining members of the
30 N. L R. B, No. 121.
I
•853
I
854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Union, by threatening said employees with discharge because of union
membership, by threatening to close the plant if its employees joined
the Union, and by other acts, the respondent interfered with, re-
strained, and coerced its employees in the exercise of the rights guar-
anteed in Section 7 of the Act. On February 15, 1941, the respondent
filed an answer to the amended complaint admitting the material
allegation of the complaint as to the nature of its business, but deny-
ing the allegations of unfair labor practices contained therein.
Prior to a hearing, the respondent, the Union, and counsel for the
Board entered into a stipulation and agreement dated February 19,
1941, in settlement of the case. This stipulation and agreement pro-
vides as follows :
STIPULATION AND AGREEMENT
IT IS HEREBY STIPULATED AND AGREED by and between Great West-
ern Optical Co., hereinafter called respondent, United Optical
Workers Union, Local 853, Affiliated with the C. I. O.; hereinafter
called the union, and Charles F. McErlean, Atttorney, National
Labor Relations Board, that :
I
Upon Charges and Amended Charges duly filed by the union,
through Earl Disselhorst, an accredited agent and representative
of the union for this purpose, the National Labor Relations Board,
hereinafter called the Board, by Isaiah S. Dorfman, Acting Re-
gional Director for the Thirteenth Region, acting pursuant.to
authority granted in Section 10 (b), of the National Labor Rela-
tions Act, 49 Stat. 449, hereinafter called the Act, and pursuant to
Article II, Section 5, and Article IV, Section 1, of the National
Labor Relations Board Rules and Regulations-Series 2, as
amended, duly issued its Complaint and Notice of Hearing thereon
on January 28, 1941, against respondent. 'The Complaint and
Notice of Hearing thereon, the Amended Charge, and a copy of
the National Labor Relations Board Rules and Regulations-
Series 2, as amended, were duly served upon respondent and the
union on January 29, 1941. On February 5, 1941, respondent filed
a Motion to extend the time within which to file-Answer to'the
Complaint and to postpone the hearing on the Complaint and
Answer to February 20, 1941. Thereafter Isaiah S. Dorfman,
Acting Regional Director, issued an Order, dated February 5,
1941, extending the'time for filing of Answer to February 15, 1941,
and continuing the hearing to February 20, 1941. Copies of said
Order were duly served upon respondent and the union on Febru-
ary 6, 1941. On February 11, 1941, the Acting.Regional Director
GREAT WESTERN OPTICAL COMPANY 855
for the Thirteenth Region, issued an Amendment Of Paragraph 7
Of The Complaint. Copies of said Amendment Of Paragraph 7
Of The Complaint were duly served upon respondent and the
union on February 11, 1941. On February 15, 1941, respondent
filed its Answer to the Complaint.
II
1. Respondent is now and has been since on or before September
1, 1938, a corporation organized under and existing by virtue of
the laws of the State of Illinois, having its principal office and
place of business in the City of Chicago, County of Cook, State of
Illinois, hereinafter called the plant, where it now is and at all
times'since'September 1, 1938, has been engaged in the business of
the design, manufacture, sale and distribution of optical equip-
ment and supplies.
2. Respondent in the course and conduct of its business and in
the manufacture of its products purchases lenses, blanks, frames,
temples, nose pieces, rims, screws, emery, rouge and miscellaneous
parts, supplies and accessories. For the six months ending June
30, 1940, the approximate value of such materials purchased by
,respondent was $31,508.76. Respondent caused' approximately
50 per cent of said materials in terms of value, to be purchased
and transported in interstate commerce from and through States
of the United States other than the State of Illinois, to the plant
in the State of Illinois.
3. The principal products of respondent are eye glasses, specta-
cles, sun glasses and other optical products. For the six months
ending June 30, 1940, the value of respondent's sales of its products
was, $43,894.63. Approximately 50 per cent of said products, in
terms of value, were sold and shipped by respondent in interstate
commerce from the plant in the State of Illinois, to, into and
through States of the United States other than the State of Illinois.
4. Respondent admits that it is engaged in interstate commerce
within the meaning of 'Section 2, Subsections (6) and (7) of the
'Act.
III
The union is a labor organization within the meaning of Section
2, Subsection -(5) of the Act.
IV
The parties hereto waive the right to a hearing in this matter
and the making of the findings of facts and conclusions of law by
the Board, pursuant to provisions of the Act, and all parties agree
856 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the Charge, Amended Charge, Complaint, Notice of Hearing,
National Labor Relations Board Rules and Regulations-Series
2, as amended , Affidavit of Service of Complaint, Notice of Hear-
ing and National Labor Relations Board Rules and Regulations-
Series 2, as amended, Motion of respondent for extension of time
to file Answer and to postpone the hearing, Order of the Acting
Regional Director extending time to file Answer and postponing
hearing, Affidavit of Service of aforementioned Order, Amend-
ment Of Paragraph 7 Of The Complaint, Affidavit of Service of
Amendment Of Paragraph 7 Of The Complaint, respondent's An-
swer to Complaint, and this Stipulation and Agreement, shall
constitute the entire record in this case and may be introduced
in the record of this case by filing the same with the Chief Trial
Examiner of the Board, Washington, D. C.
Respondent denies it committed any of the unfair labor prac-
tices alleged in the Complaint, or any other unfair labor practices.
V
IT IS FURTHER STIPULATED AND AGREED by and between the parties
hereto that upon the entire record in this case and this Stipulation
and Agreement, if approved by the Board, an Order may forth-
with be entered by the Board as follows :
Respondent, Great Western Optical Co., its officers, agents,
successors and assigns,.shall:
1. Cease and desist from :
(a) Discriminating in regard to hire or tenure of employ-
ment or any term or condition of employment to discourage
membership in United Optical Workers Union, Local 853, Affili-
ated with the C. I. 0., or any other labor organization, as'pro-
vided in Section 8, Subsection (3) of the National Labor Rela-
tions Act;
(b) In any other manner interfering with, restraining or
coercing its employees in the exercise of their right to self=
organization, to form, join or assist labor organizations, to bar-
gain 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 provided in
Section 8, Subsection (1) of the National Labor Relations Act.
2. Take the following affirmative action to effectuate the
policies of the Act :
(a) Offer Edward Chevlin, immediate and full reinstatement
to his former, or substantially equivalent position, without
prejudice to his seniority and other rights and privileges;
GREAT WESTERN OPTICAL COMPANY 8,57 '
, (b) Make whole Edward Chevlin for any loss of pay that
he has suffered by reason of his discharge by respondent on
October 11, 1940, by paying to him the sum of $373.00 in full
settlement.
(c) Immediately post notices to its employees, in conspicuous
places throughout its plant in the City of Chicago, and maintain
said notices for a period of at least sixty (60) consecutive days
from the date of posting, stating that :
(1) Respondent will not engage in the conduct from which
it is ordered to cease and desist in paragraphs 1 (a) and (b)
of this Order;
(2) Respondent will take the affirmative action set forth in
paragraphs 2 (a), (b) and (c) of this Order;
(d) Notify the Regional Director for the Thirteenth Region,
in writing, within ten (10) days from the date of the Board's
Order what steps respondent has taken to comply with the
Order.
VI
IT IS FURTHER STIPULATED AND AGREED by and between the parties
hereto that after the entry of the Order by the Board, as provided
in this Stipulation and Agreement, the United States Circuit Court
of Appeals for the Seventh Circuit may, upon application by the
Board and without notice to respondent, enter its Decree enforcing
in full the said Order of the Board, and each of the parties hereto
hereby consents to the entry of such Decree and hereby waives its
right to contest the entry of any such Decree and to receive notice
of the filing of such application by the Board.
VII
All terms agreed upon are contained within this Stipulation
and Agreement and there is no -verbal agreement of any kind
which varies, alters or adds to this Stipulation and Agreement.
This Stipulation and Agreement is subject to the approval of
the Board.
On February 27, 1941, the Board issued an order approving the
above stipulation and agreement, 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, trans-
ferring the proceeding to the Board for the purpose of entry of a de-
cision and order by the Board pursuant to the provisions of the said
stipulation and agreement.
858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the above stipulation and agreement and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Great Western Optical Co., an Illinois corporation with its princi-
pal office and place of business in Chicago, Illinois, is engaged in the
designing, manufacturing, sale, and distribution of optical equipment
and supplies. The principal materials used in the conduct of the re-
spondent's business and in the manufacture of its products are lenses,
'blanks, frames, temples, nose pieces, rims, screws, emery, rouge, and
miscellaneous parts. For the 6 months ending June 30, 1940, the
value of such 'materials was $31,508.76, of which in terms of value,
approximately 50 per cent were purchased and shipped to the plant
from points- outside the State of Illinois. During the same period,
the value of the respondent's sales of its products, which consisted
principally of eye glasses, spectacles, and sun glasses, was $43,894.63,
and approximately 50 per cent thereof, in terms of value, were shipped
to points outside the State of Illinois. The respondent admits that it
is engaged in interstate commerce within the meaning of Section 2
(6) and (7) of the Act. ' 1%
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 agree-
ment, and the entire record in the case, and pursuant to Section 10,
(c) of the National Labor Relations Act, the National Labor. Rela-
tions Board hereby, orders that the respondent, Great Western Optical
Co., Chicago, Illinois, its officers, agents, successors, and assigns, shall :
1. Cease and desist from:
(a) Discriminating in regard to hire or tenure of employment or
any term or condition of employment to discourage 'membership in
United Optical Workers Union, Local 853, Affiliated with the C. I. 0.,
or,any other labor organization, as provided in Section 8, Subsection
(3) of the National Labor Relations Act; -
(b) In any other manner interfering with, restraining or coercing
its employees in the exercise of their right 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 provided in Section 8, Subsection (1) of the
National Labor Relations Act.
GREAT WESTERN OPTICAL COMPANY ,859
2.' Take the following affirmative action to effectuate the policies of
the Act :
(a) Offer Edward Chevlin, immediate and full reinstatement to
his former, or substantially equivalent position, without prejudice
to his seniority and other rights and privileges ;
(b) Make whole Edward Ghevlin for any loss of pay that he has
suffered by reason of his discharge by respondent on October 11,
1940, by paying to him the sum of $373.00 in full settlement.
(c) Immediately post notices to its employees, ih conspicuous
places throughout its plant in,the City of Chicago, and maintain
said notices for a period of at least sixty (60) consecutive days from
the date of posting, stating that :
(1) Respondent will not engage in the conduct from which it is
ordered to cease and desist in paragraphs 1 (a) and (b) of this
Order;
(2) Respondent will take the affirmative action set forth in para-
graphs 2 (a), (b) and (c) of this Order;
(d) Notify the Regional Director for the Thirteenth Region, in
writing, within ten (10) days from the date of the Board's Order
what steps respondent has taken to comply with the Order.