Hudson Iron & Metal Co.

National Labor Relations Board - Board Decisions

Jun 21, 1941

32 N.L.R.B. 969 (N.L.R.B. 1941)

In the Matter of HUDSON IRON & METAL COMPANY, ITS SUBSIDIARIES,
BAYONNE NIPPLE COMPANY AND HUDSON PIPE & SUPPLY Co. and
FEDERAL LABOR UNION, LOCAL #21088, A. F. or L.
Case No. C-1884.-Decided June 01, 1941
Jurisdiction : scrap iron selling industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. Richard J. Hickey, for the Board.
Denbe ct Denbe, by Mr. Harry B. Denbe, of Bayonne, N. J., for
the respondent.
Mr. Rocco Faliero, of Bayonne N. J., for the Union.
Mr. John Yutko and Mr. Bruno Jablonski, of Bayonne, N. J., for
the Association.
Mr. William 7'. Little, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Federal Labor
Union, Local #21088, 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 Second
Region (New York City), issued its complaint dated May 5, 1941,
against Hudson Iron & Metal Company, and its subsidiaries Bayonne
Nipple Company and Hudson Pipe & Supply Co., herein jointly
referred to as 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) and (2) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. Copies of the complaint and notice of hearing
were duly served. upon the respondents, the Union, and Hudson
Iron & Metal Company, its subsidiaries, Bayonne Nipple Company,
and Hudson Pipe & Supply Co. Employees Association of the 33rd
Street Plant, Bayonne, N. J., Inc., herein called the Association.
32 N. L. It. B., No. 154.
969
970 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Concerning the unfair labor practices the complaint alleged in
substance that : (1) The respondents dominated, contributed to the
support of, and interfered with the administration of the Associa-
tion,. and that (2) by that act and (a) by urging, persuading, and
warning their employees to refrain from aiding or becoming or
remaining members of the Union.; (b) by threatening them with dis-
charge or other reprisals; (c) by keeping under surveillance the
activities, meetings, and meeting places of the Union; and (d) by
entering into an agreement on October 22, 1940, with the. Association
recognizing it as the exclusive representative of the employees at the
Bayonne plant and requiring said employees to become and remain
members of the Association, although said Association was estab-
lished, maintained, and assisted by the respondents, the respondents
have interfered with, restrained, and coerced their employees in the
exercise of the rights guaranteed in Section 7 of the Act. In their
answer the respondents admitted the allegations concerning interstate
commerce, but denied that they had engaged in the unfair labor
practices alleged in the complaint.
Pursuant to notice duly served on the respondents, the Union,
and the Association, a hearing was held on May 15 and 16, 1941,
at Jersey City and Bayonne, New Jersey, before E. G. Smith, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Board and the respondents were represented by counsel, the Union
and the Association, by official representatives, and all parties par-
ticipated in the hearing. On May 16, 1941, during the course of the
hearing, the respondents, the Union, the Association, and counsel for
the Board entered into a stipulation and agreement in settlement
of the case subject to the approval of the Board.
The stipulation provides as follows :
STIPULATION
It is hereby stipulated and agreed by and among Hudson Iron
& Metal Company, Bayonne Nipple Company, and Hudson Pipe
& Supply Co., all located at 33rd Street Station, Central Railroad
of New Jersey, Bayonne, New Jersey, (hereinafter referred to
as "respondents"), Hudson Iron & Metal Company, its sub-
sidiaries, Bayonne Nipple Company and Hudson Pipe & Supply
Co. Employees Association of the 33rd Street Plant, Bayonne,
New Jersey, Inc., c/o John J. Pagano, 473 Broadway, Bayonne,
New Jersey (hereinafter referred to as the "Association"),. Fed-
eral. Labor Union, Local #21088, A. F. of L., 460 Broadway,
Bayone, New Jersey, (hereinafter referred to as the "Union"),
and Richard J. Hickey, attorney.. Second Region for the National
Labor Relations Board :
HUDSON IRON & METAL COMPANY 971
WHEREAS, the Union and the Association are and each of them
is a labor organization within the meaning of Section 2, sub-
division 5 of the National Labor Relations Act (hereinafter
referred to as the "Act") ;
WHEREAS, a second amended charge in the above-captioned
proceeding was duly filed by the Union with the National Labor
Relations Board (hereinafter referred to as the "Board"), on
May 3, 1941, and
WHEREAS, a complaint and notice of hearing in the above-
captioned proceeding were duly issued by the Regional Director
for the Second Region, acting pursuant to authority granted by
Section 10 (b) of the National Labor Relations Act, 49 Stat. 449,
and pursuant to Article II, Section 5, and Article IV, Section 1,
of the National Labor Relations Board Rules and Regulations,
Series 2, and
WHEREAS, the respondents have filed an answer to said com-
plaint denying the charges against them therein contained; and,
WHEREAS, the parties hereto expressly waive any right or
privilege which they may have to the holding of a hearing in
this proceeding, and
WHEREAS, the parties desire to adjust, settle, and dispose of
the matters in issue among themselves in accordance with the
provisions of this stipulation;
Now, THEREFORE, IT IS STIPULATED AND AGREED :
Each of the respondents is, and at all times since on or before
January 1, 1940, has been a corporation duly organized under and
existing by virtue of the laws of the State of New Jersey, having
its principal. office and place of business at 33rd Street Station,
Central Railroad of New Jersey, in the City of Bayonne, County
of Hudson, and State of New Jersey, and is now and has been
continuously engaged at said place of business, hereinafter re-
ferred to as "the Bayonne plant", in the purchase, sale and dis-
tribution of scrap iron, pipe, valves and fittings, second hand
machines, and related products.
Hudson Iron & Metal Company owns, and has continuously
owned, the capital stock of Bayonne Nipple Company, and Hud-
son Pipe & Supply Co.; supplies and has continuously supplied
all the capital of Bayonne Nipple Company, and Hudson Pipe &
Supply Co.; and supervises, directs, controls, and has con-
tinuously supervised, directed, and controlled the course and
conduct of the business of Bayonne Nipple Company, and Hud-
son Pipe & Supply Co., including their labor relations and labor
policies.
972 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Each of the respondents in the course and conduct of its busi-
ness as aforesaid, cause and has continuously caused, substantial
amounts of the aforesaid products, aggregating not less than
1,000,000 pounds in weight, annually purchased, sold and dis-
tributed by it, to be purchased, delivered, and transported in
interstate commerce to the Bayonne plant from and through the
states of the United States other than the State of New Jersey,
and causes and has continuously caused approximately 75 per
cent of such products sold and distributed as aforesaid, and
constituting a substantial amount of said products, to be trans-
ported in interstate commerce from said Bayonne plant to and
through states of the United States other than the State of New
Jersey. Respondents stipulate and agree that they, and each of
them, are engaged in interstate commerce within the meaning of
Section 2, subdivisions (6) and (7) of the National Labor
Relations Act.
Respondents and the Association waive all further or other
procedure provided by the National Labor Relations Act or the
Rules and Regulations of the Board, including the right to
making of findings of fact and conclusions of law.
Upon the basis of the second amended charge, the complaint,
the answer, the record of the hearing held on May 15, 1941, and
this stipulation, the Board may enter its Order in the above-
captioned case :
ORDER
Upon the basis of this stipulation and pursuant to Section
10 (c) of the Natioi al Labor Relations Apt, the National
Labor Relations Board hereby orders that the Hudson Iron &
Metal Company, Bayonne Nipple Company, and the Hudson
Pipe & Supply Co., their officers, agents, successors and assigns,
shall :
1. Cease and desist from
(a) Dominating or interfering with the formation or ad-
ministration of Hudson Iron & Metal Company, its subsid-
iaries, Bayonne Nipple Company, and Hudson Pipe & Supply
Co. Employees Association, of the 33rd Street Plant, Bayonne,
N. J., Inc., (hereinafter referred to as the Association), or with
the formation or administration of any other labor organiza-
tion of their employees, and from contributing financial or
other support to the Association or to any other labor or-
ganization of their employees;
(b) Giving effect to the agreement entered into with the
Association on or about October 22, 1940, or any modification
HUDSON IRON & METAL COMPANY 973
or extension thereof, or any other contract between the re-
spondents and the Association; I
(c) In any other manner interfering with, restraining, or
coercing their employees in the exercise of the right of the
employees 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 guaranteed in Section 7 of the Act;
(d) Discouraging membership in Federal Labor Union Local
21088, A. F. of L., or aiiy other labor organization of its
employees by discrimination in regard to hire or tenure of
employment or any terms or conditions of employment.
2. Take the following affirmative action which the Board
finds will effectuate the policies of the Act:
(a) Withdraw all recognition from the Association as the
representative of any of their employees for the purpose of
dealing with the respondents, concerning grievances; labor
disputes, wages, hours of employment or other conditions of
employment, and completely disestablish said Association as
such representative;
(b) Post immediately in a conspicuous place in their plant
• and maintain for a period of at least sixty (60) consecutive
days a copy of this Order.
(c) Notify the Regional Director for the Second Region, in
writing, within ten (10) days from the date of this Order what
steps the respondents have taken to comply therewith.
Respondents, the Association, and.,the Union, and each of
them, hereby consent to the entry by the United States Circuit
Court of Appeals for the appropriate circuit, upon application
of the National Labor Relations Board, of a consent decree
enforcing the Order of the National Labor Relations -Board
substantially in the form hereinabove, set forth, and hereby
expressly waive further notice of the application for entry of
such decree and hereby expressly waive any right or privilege
to contest the entry of such decree,
The entire agreement between the parties is contained within
the terms of this stipulation,and there is no verbal agreement
of any kind which varies, alters or acids to the stipulation.
It is understood and agreed that this stipulation is subject to
the, approval of the National Labor Relations Board and shall
become effective immediately upoii the granting of such approval
and shall be null and void and not be used for any purpose upon
the denial of such approval.
974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On May 29, 1941, the Board issued its order approving the stipula-
tion, 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 and con-
tinuing it before the Board for the purpose of entry of a decision
and order by the Board, pursuant to the provisions of the said
stipulation.
Upon the basis of the above -mentioned stipulation and the entire
record in the case the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
Hudson Iron & Metal Company, Bayonne Nipple Company, and
Hudson Pipe & Supply Co., New Jersey corporations having their
principal office and place of business in the City of Bayonne, New
Jersey, are engaged in the purchase , sale, and distribution of scrap
iron, pipe , valves and fittings , second-hand machines, and related
products . Each of the respondents has continuously caused sub-
stantial amounts of the aforesaid products , aggregating not less than
a million pounds in weight , to be shipped to the respondents' plant
at Bayonne , New Jersey , from points outside the State of New Jersey
and has continuously caused approximately 75 per cent of the prod-
ucts sold and distributed as aforesaid to be transported from the
respondents ' plant at Bayonne , New Jersey , to points outside the
State of New Jersey.
Hudson Iron & Metal Company owns and has continually owned
the capital stock of Bayonne Nipple Company and Hudson Pipe &
Supply Co ., herein called the subsidiaries , and has continuously
supplied all the capital of the subsidiaries and supervises , directs,
and controls the course and conduct of the business of the subsidiaries
including their labor relations and labor policies.
The respondents stipulate that they are engaged in commerce
within the meaning of the Act.
We find that the above-described operations of the respondents
constitute a continuous flow of trade, traffic , and commerce among
the several States.
ORDER
Upon the basis of this stipulation and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the Hudson Iron & Metal Company,
HUDSON IRON & METAL COMPANY 975
Bayonne Nipple Company, and the Hudson Pipe & Supply Co., their
officers, agents, successors and assigns, shall:
1. Cease and desist from :
(a) Dominating or interfering with the formation or administra-
tion of Hudson Iron & Metal Company, its subsidiaries, Bayonne
Nipple Company, and Hudson Pipe & Supply Co., Employees As
sociation, of the 33rd Street Plant, Bayonne, N. J., Inc., (hereinafter
referred to as the Association), or with the formation or administra-
tion of any other labor organization of their employees, and from
contributing financial or other support to the Association or to any
other labor organization- of their employees;
(b) Giving effect-to the agreement entered into with the Associa-
tion on or about October 22, 1940, or any modification or extension
thereof, or any other contract between the respondents and the
Association;
(c) In any other manner interfering with, restraining, or coercing
their employees in the exercise of the right of the employees 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 bargain-
ing or other mutual aid or protection as guaranteed in Section 7
of the Act ;
(d) Discouraging membership in Federal Labor Union Local
21088, A. F. of L., or any other labor organization of its employees
by discrimination in regard to hire or tenure of employment or any
terms or conditions of employment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
(a) Withdraw all recognition from the Association as the represent-
ative of any of their employees for the purpose of dealing with the
respondents; concerning grievances, labor disputes, wages, hours of
employment or other conditions of employment, and completely
disestablish said Association as such representative;
(b) Post immediately in a conspicuous place in their plant and
maintain for a period of at least sixty (60) consecutive days a copy
of this Order;
(c) Notify the Regional Director for the Second Region, in writ-
ing, within ten (10) days from the date of this Order what steps
the respondents have taken to comply therewith.