Inland Rubber Corp.

National Labor Relations Board - Board Decisions

Jan 21, 1941

29 N.L.R.B. 98 (N.L.R.B. 1941)

In the Matter Of INLAND RUBBER CORPORATION and UNITED RUBBER
WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUS-
TRIAL ORGANIZATIONS
Case No. C-1725.-Decided January 21, 1941
Jurisdiction : tire and inner tube manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Ordered : entered on stipulation.
Mr. Charles F. McErlean for the Board.
Messrs. Henry J. and Charles Aaron, of Chicago, Ill., for the
respondent.
Mr. Floyd Robinson, of Chicago, Ill., for the United.
Mr. Raymond J. Compton, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by United Rubber Workers of America,
affiliated with the Congress of Industrial Organizations, herein called
the United, the National Labor Relations Board, herein called the
Board, by the Regional Director for the Thirteenth Region (Chicago,
Illinois), issued its complaint, dated October 24, 1940, against Inland
Rubber Corporation,, 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 Sec-
tion 8 (1) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. Copies of the complaint and notices of hearing were
duly served upon the respondent and the United.
With respect to the unfair labor practices, the complaint alleged
in substance that the respondent, (1) from May 1, 1940, to the date
thereof,- urged, persuaded, intimidated, and coerced its employees
to join Rubber Workers Union, Local 20911, affiliated with the Ameri-
can Federation of Labor, herein called Local 20911, and to refrain-,
from joining the United; (2) aided and assisted Local 20911 to or-
ganize its employees by permitting representatives of Local 20911 to,
29 N. L. R. B., No. 18. -
98
INLAND RUBBER CORPORATION 99
address its employees and to solicit applications for membership
among them in the plant during working hours, by informing its
employees that the plant would close if they did not join Local 20911,
by permitting Local 20911 the use of the bulletin board in the plant,
and by,denying similar privileges to representatives of the United;
and (3) by the aforesaid and other acts interfered with, restrained,
and coerced its employees in the exercise of the rights guaranteed in
Section 7 of the Act.
On November 9, 1940, before any hearing was held, the respondent,
the United, and counsel' for the Board entered into a stipulation in
settlement of the case.' This stipulation provides as follows:
I
Upon changes duly filed by the United, the National Labor
Relations Board, hereinafter called the Board, by G. L. Patter-
son, Regional Director for the Thirteenth Region, (Chicago,
Illinois), issued its Complaint and Notice of Hearing thereon,
dated October 24, 1940, against respondent, alleging that respond-
ent had engaged in and was engaging in unfair labor practices
within the meaning of Section 8, Sub-division (1) and Section
2, Sub-divisions (6) and (7) of the National Labor Relations
Act, 49 Stat. 449, hereinafter called the Act. True and accurate
copies of said Complaint, Notice of Hearing, Charge and Na-
tional Labor Relations Board Rules and Regulations-Series 2.
as amended, were duly served on respondent and the United
on October 25,1940.
II
1. Respondent is and has -been since April 30, 1937, a cor-
poration 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, and State of
Illinois. Respondent owns and operates a plant in the City of
Chicago, County of Cook and State of Illinois, hereinafter called,,
the plant, where it is now and at all times niuntioned in the
Complaint, has been engaged in the manufacture and sale of
tires and inner tubes for automobiles, trucks and buses.' Ap-
proximately 250 persons are employed by the respondent during
periods of normal business operations.
On January 4, 1941, the Rubber Workers Union, Local No 20911, affiliated with the
American Federation of Labor , notified the Regional Director that it had no objection to the
above-mentioned stipulation and settlement
4 1 300 2-4 2-%of 29--S
100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The respondent during the year 1939, purchased alid caused
to be shipped to, its plant in Chicago, Illinois, materials valued
at ;$1,371,435.00, as set, out below.
Material used 1939 Value Percent of Source of supplytotal
Crude Rubber,,,,,,,,,,,,,,,,,,, $744,338 00 54 3 East Indies- Far East
Reclaimed Rubber _______________ 16,896 00 12 New York
arious Pigments ----------------
abric (cotton)------------------
51,624 00
79,936 00
1 1
7,7
Carbon Black-Texas.
Sulphur-Texas.
Zinc Oxide-New Jersey
Clay-South Carolina
Stearic Acid-Illinois.
Pine Tar-Georgia.
Georgia
BeadW ire -----------=-------- 47:435 00 35 Michigan
Labels-- 2, 088 00 15 Chicago, Illinois.
Transfer Tins 309 00, .02 Ohio
Tire Paint_______________________ 144 00 01 Ohio
Paper---------------------------- 9,571 00 70 Chicago, Illinois.
Tire Flaps ----------------------- 19, 094 00 1 39 Pennsylvania.
$1,371,435 00 100
3.- The gross-value of respondent's sales and shipments during
the year 1939,, was approximately $2,000,000.00, of which sum
821/2%- were sold and shipped to customers located in States
other than the State of Illinois.
4. Respondent admits that it is engaged in interstate com-
merce, and that the above operations affect commerce within.the
meaning of Section 2, Sub-divisions (6) and (7) of the Act.
III
The United, and Rubber Workers Union, Local 20911, affiliated
with the American Federation of Labor, hereinafter called the
Local 20911, are labor organizations within the meaning of Sec-
tion 2, Sub-division (5) of the Act.
IV
The parties hereto waive their right to file answers, their right
.to a hearing in this matter and the making of Findings of, Fact
and Conclusions of Law by the Board, pursuant to provisions
of the Act, and all parties agree that the Charge, Complaint,
Notice of Hearing, National Labor Relations Board Rules and
Regulations-Series 2, as amended, Affidavit of,Service of afore-
mentioned documents, and this Amended Stipulation and Agree-
ment, may be introduced in the record of this proceeding by filing
same with the Chief Trial Examiner of the National Labor Re-
lations Board at Washington, WC.
INLAND RUBBER CORPORATION 101-
V.
IT. IS FURTHER STIPULATED AND AGREED by and between the
parties hereto that. upon the: entire record' in this, case, and this
Amended Stipulation and Agreement, if approved by the Board,
an Order may forthwith be entered by the Board and a Decree
enforcing the same by the United States Circuit Court of Ap-
peals for the Seventh Circuit, the parties hereto expressly waiving
further notice of application therefor, providing as follows :
Respondent, Inland Rubber Corporation, its officers, agents,
successors and assigns, shall:
1. Cease and desist from :
(a) Urging, persuading, intimidating, or coercing its em-
ployees to join or not to join Rubber Workers Union, Local
20911, Affiliated with the American Federation of Labor, and
not to join United Rubber Workers of America, Affiliated with
the Congress of Industrial Organizations, or to join or not to
-join any labor organization of its employees;
(b) In any other manner interfering with, restraining, or
coercing its employees in the exercise of their right to self-
organization, to form,,join, and 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.
2. Take the following affirmative action in order to effectuate
the policies of the Act :
(a) Immediately post :notices, as set out in Appendix A
attached hereto and made a part hereof, to respohdent's em-
ployees in conspicuous places throughout its plant, located
in Chicago, Illinois, and maintain such notices for a period
of at least sixty (60) consecutive days from the date of posting;
(b) 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.
All terms agreed, upon are contained within this Amended
Stipulation' and Agreement,, and there is no, verbal agreement of
any kind which varies, alters or adds to this Amended Stipula-
tion and Agreement.
This Amended Stipulation and Agreement is subject to the
approval of the National Labor Relations Board.
102 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD
APPENDIX A
Inland Rubber Corporation, its officers, agents, successors, and
assigns,•hereby notifies its employees that:
1. IT WILL NOT :
(a) Urge, persuade, intimidate, or coerce its employees to
join or not to join Rubber Workers Union, Local 20911, Affili-
ated with the American Federation of Labor, and not to join
United Rubber Workers of America, Affiliated with the Con-
gress of Industrial Organizations, or to join or not to join
any labor organization of its employees;
(b) In any other manner interfere with, restrain, or coerce
its employees in the exercise of their right to self-organization,
to form, join, or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and to
engage in concerted activity for the purposes of, collective bar-
gaining, or other mutual aid or protection, as guaranteed in
Section 7 of the National Labor Relations Act.
2..The employees have the right to join any labor organiza-
tion of their own choosing.
On November-13, 1940, the Board issued its Order approving the
above stipulation making it a part of the record in the case, and
transferring the proceeding to the Board for. the purpose of entry
of a decision and order by the Board pursuant to the provisions of
the stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent is an Illinois corporation having its principal
office and.place of business at Chicago, Illinois, where it is engaged
in the manufacture and sale of tires and inner tubes for automobiles,
trucks, and buses. The principal raw materials used by the respond-
ent are crude and reclaimed, rubber, various pigments, cotton fabric,
bead wire, labels, transfer tins, tire paint, paper, and tire flaps. In
1939 the respondent used $1,371,435 worth of such raw materials, over
90 per cent of which were shipped from points outside the State of
Illinois. • During, the same year the respondent sold finished products
valued at approximately ' $2,000,000,, of. which- 821/2' per -cent .were
shipped to States other than the State of Illinois.
INLAND RUBBER( ' CORPORATION-- 103
The' respondent stipulated, and we-find,-that the above-described
-operations constitute a continuous flow of trade, traffic, and 'com-
`merce among the several States, within the meaning of the Act.
ORDERI
.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 , Inland Rubber Corpora-
tion , Chicago, Illinois, and its officers , agents , successors , and assigns,
shall:
1. Cease and desist from :
(a) Urging, persuading , intimidating , or coercing its employees'
to join or not to join Rubber Workers Union , Local 20911 , affiliated
with the American Federation of Labor, and ' not, to join United Rub-
ber Workers of America, affiliated with the Congress of Industrial
Organizations , or to join or not to join any labor organization of its
employees;
(b) In any other manner interfering with, restraining , or coercing
its employees in the exercise of their right ' to self-organization, to
form, join , and assist labor organizations , to bargain collectively
through representatives of their own choosing, and to engage in con-
certed activities , for the purpose of collective bargaining or other
mutual aid or protection , as guaranteed in Section T of the Act.
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Immediately post notices , as set out in Appendix A hereof, to
respondent 's employees in conspicuous places throughout its plant,
located in Chicago, Illinois, and maintain such notices for a period
of at least sixty ( 60) consecutive days from the date of 'posting;
(b) 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.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of the
above Decision and Order.
APPENDIX A
Inland Rubber Corporation , its officers , agents , successors and
assigns, hereby notifies its employees that:
1. IT WILL NOT :
(a) Urge, persuade , intimidate , or coerce its employees to join or
not to join Rubber Workers Union, Local 20911, affiliated with the
104 DECISIONS OF NATIONAL: LABOR"RELATIONS BOARD
American Federation of Labor, and not to join United Rubber Work-
ers of America, affiliated with the Congress of Industrial Organiza-
tions, or to join or not to join any labor,organization of its employees;
(b) In any other manner interfere with, restrain, or coerce its em-
ployees in the exercise of their right to self-organization, to form,
join, or assist labor organizations, to bargain collectively through rep-
resentatives of their own choosing, and to engage in concerted
activity for the purposes of collective bargaining, or other mutual aid
or protection, as guaranteed in Section 7 of the National Labor
Relations Act.
2. The employees have the right to join any labor organization of
their own choosing.