J. J. Stanton Transportation Co.

National Labor Relations Board - Board Decisions

Nov 18, 1940

28 N.L.R.B. 13 (N.L.R.B. 1940)

In the Matter Of WALTER UTZINGER, DOING BUSINESS AS J. J. STANTON
TRANSPORTATION COMPANY and INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS, STABLEMEN AND HELPERS OF AMERICA,
LOCAL No. 13.
Case No. C-1718.-Decided November 18, 1940
Jurisdiction : motor transportation industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Wilbur M. Alter, of Denver, Colo., for the respondent.
Mr. R. R. Keigley, of Denver, Colo., for the Union.
Miss Mary Metlay, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by International Brotherhood of Teamsters,
Chauffeurs, Stablemen and Helpers of America, Local No. 13, 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 Twenty-second Region (Denver, Colorado)
issued its complaint dated October 5, 1940, against Walter Utzinger,
doing business as J. J. Stanton Transportation Company,' herein
called the respondent. The complaint alleged that the respondent had
engaged in and was engaging in unf air labor practices affecting com-
merce, 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, together with notice of hear-
ing thereon were duly served uponthe respondent and the Union.
With respect to the unfair labor practices, the complaint alleged in
substance (1) that on or about May 12, 1940, the respondent refused
to hire Jim Duncan, Mahlon Saunders, Vern McLean, H. K. Wilson,
'On October 5, 1940, pursuant to an order consolidating the cases, a complaint based
upon two separate charges against J J Stanton, doing business as J.' J. Stanton
Transportation Company and Walter Utzinger, doing business as J J. Stanton Trans-
portation Company, was issued. On October 23, 1940, the Board ordered that the cases
be, and theyaiere,'severed
28 N. L R. R. No. 7.
13
14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and J. D. Garrett, because they joined and assisted the Union and
engaged in concerted activities with other employees for the purposes
of collective bargaining and other mutual aid and protection; (2) that
from May 19, 1940, down to and including the date of the filing of the
complaint, the respondent has urged , persuaded , and warned ' his em-
ployees to refrain from joining or retaining membership in the Union,
and from engaging in concerted activities with other employees for
the purposes of collective bargaining and other mutual aid and pro-
tection, and has threatened his employees with discharge if they joined
or assisted the Union ; and (3 ) that by the aforementioned acts and
conduct, the respondent has interfered with, restrained, and coerced
its employees in the exercise of the rights guaranteed in Section 7 of
the Act. -
On October 28, 1940, before any hearing was held, the respondent,
the Union , and the Regional Director entered into a stipulation in
settlement of the case . The stipulation provided as follows :
Charges having been filed with the Regional Director, Na-
tional Labor Relations Board, Twenty-Second Region, complaint
was issued and served on all parties wherein and whereby it was
alleged that the respondent engaged in unfair labor practices in
violation of Section 8, Sub-sections ( 1) and (3) of the National
Labor Relations Act (49 Stat. 449 ). All parties hereto ac-
knowledge service of the Complaint , Notice of Hearing, and
Charge.
It being the intention of the parties to dispose of the matters
which have arisen, it is hereby stipulated and agreed by and
among Walter Utzinger, doing business as J. J. Stanton Trans-
portation Company, by his attorney , Wilbur Alter ; International,
Brotherhood of Teamsters , Chauffeurs , Stablemen and Helpers of
America, Local No. 13 , by its business representative , R. R. Keig-
ley; and by Charles A. Graham, Regional Director , National
Labor Relations Board, Twenty - Second Region, as follows :
I
The respondent , Walter Utzinger , doing business as J. J. Stan-
ton Transportation Company, has since on or about May 19, 1940,
carried on the said business , with his principal office and place of
business in Craig, Moffat County, Colorado . The respondent is
engaged in the business of transferring , trucking , transporting,
and carrying for compensation goods, wares , merchandise, and
ore, of which the respondent transports in excess of 2,500 tons
during an average month . More than fifty per cent of such
goods, wares , merchandise, and ore are transported by the re-
spondent from points outside the State of Colorado to points
WALTER LJTZINGER 15
within the State of Colorado, and from points within the State
of" Colorado to points outside the State of Colorado. The re-
spondent admits for the purpose of this proceeding that it is,
engaged in interstate commerce within the meaning of Section
2, Sub-sections (6) and (7) of the National Labor Relations-Act.
II
All parties hereto waive all further and other procedure pro-
vided by, the National Labor Relations Act or the Rules and
Regulations of the National Labor Relations Board, including
the taking of testimony and the making of findings of fact and
conclusions of law.
III
This Stipulation, together with the Charge, Complaint, and
Notice of Hearing, may be introduced in evidence by -filing them
with the Chief Trial Examiner of the National Labor Relations
Board, Washington, D. C., and shall constitute the record in this
case.
IV
Respondent agrees to make whole Jim Duncan, Vern McLean,
H. K. Wilson, and J. D. Garrett by paying to each of them the
sum of Two Hundred and Twenty-five Dollars .($225.00) ; and to
make whole Mahlon Saunders by paying to him the sum of
Seventy-five Dollars ($75.00). It is understood and agreed that
the payment of the above sums is in full satisfaction of any and
all claims that the said named individuals may have or had be-
cause of any matter growing out of the charges heretofore filed
or the complaint herein.
V
On the basis of the facts stipulated in paragraph I above, the
pleadings and the record described in paragraph III above, this
stipulation, and by agreement of the parties hereto, the National
Labor Relations Board-may enter its order in the following form
in the above-entitled case :
ORDER
The National Labor Relations Board hereby orders that Walter
Utzinger, doing business as J.• J. Stanton Transportation Com-
pany, his officers, agents, successors, and assigns will :
1. Refrain from :
(a) In any rhanner interfering with, restraining, or coercing
his employees in the exercise of their rights in self-organization
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to form, join or assist labor organizations , to bargain collectively
through representatives of their own 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
National Labor Relations Act;
(b) Discriminating against any employee because of his mem-
bership in or activities on behalf of the International Brother-
hood of Teamsters, Chauffeurs , Stablemen and Helpers of
America, Local No. 13;
(c) Discouraging membership in the International Brother-
hood of Teamsters , Chauffeurs, Stablemen and Helpers of Amer-
ica, Local No. 13, or any other labor organization of his
employees.
2. Take the following affirmative action to effectuate the poli-
cies -of the Act :
(a) Post notices in conspicuous places in his garage and place
of business in Craig, Colorado, for a period of sixty (60) con-
secutive days, stating that he will refrain in the manner afore-
mentioned ;
(b) Pay the stated sum of $225.00 each to Jim Duncan, Vern
McLean, H. K. Wilson, and J. D. Garrett, and the stated sum of
$75.00 to Mahlon Saunders ;
(c) Notify the Regional Director for the Twenty-Second Re-
gion in writing within ten days from the date of the approval
of this stipulation by the National Labor Relations Board as to
the steps the respondent has taken to comply with said order.
- VI
The respondent hereby consents to the entry by the United
States Circuit Court of Appeals for the appropriate circuit, upon
application of the Board, of a consent decree enforcing an order
of the Board in the form hereinabove set forth , and hereby waives
further notice of the application for such decree. The Board will,
as soon as conveniently possible , make application for said consent
decree.
VII
It-is understood and agreed that this stipulation embodies the
entire agreement between the parties and there is no verbal agree-
ment of any kind which varies, alters or adds to this stipulation.
VIII
It is understood and agreed further that this stipulation is sub-
ject to the approval of the National Labor Relations Board and
WALTER UTZINGER 17
shall become effective immediately upon receipt of notice granting
such approval.
On November 5, 1940, the Board issued its Order approving the
above stipulation , making it part of the record , 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
1. THE BUSINESS OF THE RESPONDENT
The respondent , having his principal office and place of business in
Craig, Moffat County , Colorado, is engaged in the business of trans-
ferring, trucking , transporting, and carrying for compensation , goods,
wares, merchandise , and ore. The respondent transports more than
2,500 tons of goods, wares , merchandise , and ore during an average
month, more than 50 percent of which are transported by the respond-
ent from points outside the State of Colorado , to points within the
State of Colorado, and from points within the State of Colorado to
points outside the State -of Colorado.
The respondent concedes for the purpose of the proceeding that it
is engaged in interstate commerce within the meaning of the Act.
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 and 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 Walter Utzinger , doing business as J. J . Stanton Transpor-
tation Company , his officers , agents, successors, and assigns will :
1. Refrain from :
(a) In any manner interfering with, restraining , or coercing his
employees in the exercise of their rights in self-organization to form,
join or assist labor organizations , to bargain collectively through rep-
resentatives of their own choosing and to engage in concerted activ-
ities for the purposes of collective bargaining or other mutual aid or
protection as guaranteed in Section 7 of the National Labor Relations
Act; -
(b) Discriminating against any employee because of his membership
in or activities on behalf of the International Brotherhood of, Team-
sters, Chauffeurs, Stablemen and Helpers of America , Local No. 13;
IS DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Discouraging membership in the International Brotherhood of
Teamsters, Chauffeurs, Stablemen and Helpers of America, Local No.
13, or any other labor organization of his employees.
2. Take the following affirmative action to effectuate the policies of
the Act :
(a) Post notices in conspicuous places in his garage and place of
business in Craig, Colorado, for a period of sixty (60) consecutive
days, stating that he will refrain in the manner aforementioned;
(b) Pay the stated sum of $225.00 each to Jim Duncan, Vern McLean,
H. K. Wilson, and J. D. Garrett, and the stated sum of $75.00 to
Mahlon Saunders;
(c) Notify the Regional Director for the Twenty-Second Region in
writing within ten days from the date of the approval of this stipula-
tion by the National Labor Relations Board ' as to the steps the re-
spondent has taken to comply with said order.