Johnsons' Spring Co., Inc.

National Labor Relations Board - Board Decisions

Jul 8, 1940

25 N.L.R.B. 228 (N.L.R.B. 1940)

In the Matter of JOHNSONS' SPRING COMPAN Y, INC. and ANALGAD- ATED
ASSOCIATION OF IRON, STEEL & TIN WORKERS OF NORTH AMERICA,
AFFILIATED WITH THE C. I. O.
Case No. C-1618.-Decided July 8, 1940
Jurisdiction : mattress springs and upholstered ' furniture springs manufactur-
ing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Order : entered on stipulation.
Mr. John C. McRee, for the Board.
Mr. R. R. Kramer, of Knoxville, Tenn., and Mr. J. D. Hale, of
Jefferson City, Tenn., for the respondent.
Mr. 0. S. Baxter, of Chattanooga, Tenn., for the Union.
Miss Marcia Hertomark, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Amalgamated
Association of Iron, Steel & Tin Workers of North America, herein
called the Union, the National Labor Relations Board, herein called
the Board, by the Regional Director for the Tenth Region (Atlanta,
Georgia), issued its complaint, dated May 2, 1940, against Johnsons'
Spring Company, Inc.," Jefferson City, Tennessee, herein called the
respondent, alleging that the respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce Within the mean-
ing 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 and notices of hearing were duly served upon the
respondent and the Union.
Concerning the -unfair labor practices, the complaint alleged, in
substance, (1) that the respondent had, at various times since No-
vember 15, 1939, committed, authorized, instigated, and acquiesced in
the following acts and conduct: (a) assembling employees during
" Incorrectly designated in the complaint as Johnson Spring Company, Inc.
25 N. L . R. B., No. 24.
228
JOHNSONS' SPRING COMPANY 229
working hours and advising them that a union was not wanted or
necessary and that the C. I. O. would not be tolerated in Jefferson
City; (b) advising its employees to withdraw from the Union or to
refuse to become affiliated with it; (c) ordering O. S. Baxter, the
Union's rerresentative, to leave town and otherwise assailing him and
the Union; (d) aiding and abetting the abduction, beating, threats
of drowning and/or killing, other physical violence, and the unlawful
detention of and the unwarranted search and seizure of personal
property committed against the person of O. S. Baxter; (e) circu-
lating a petition designed to persuade its employees to withdraw from
or refuse to become members of the Union; and (2) that the re-
spondent, on or about November 27, 1939, discharged and/or laid off
Walter F. Marks and Lloyd Lee Walker and refused to reemploy
them for the reason that they joined and assisted the Union and
engaged in concerted activities with other employees for the pur-
poses of collective bargaining and other mutual aid and protection.
On May 15, 1940, the respondent filed an answer, denying the
commission of the unfair labor practices alleged in the complaint.
Pursuant to notice, a hearing was held on June 6, 7, and 10, 1940,
at Knoxville, Tennessee, before Henry J. Kent, the Trial Examiner
duly designated by the Board. The respondent, the Union, and the
Board were represented by counsel and participated in the hearing.
On June 10, 1940, the respondent, the Union, and counsel for the
Board entered into a stipulation in settlement of the case. This sitipu-
lation provides as follows :
Charges and amended charges having been filed with Charles
N. Feidelson, Regional Director, National Labor Relations
Board, Tenth 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) pursuant to notice a hearing was held at Knoxville,
Tennessee on June 6. 7 and 10, 1940, before Henry J. Kent, duly
authorized to act as Trial Examiner.
It being the intention of the parties to dispose of the matters
which have arisen, it is hereby stipulated and agreed by and
among Johnson's' Spring Company, Inc. (hereinafter called the
respondent) by its attorneys, R. R. Kramer and J. D. Hale;
the Amalgamated Association of Iron, Steel & Tin Workers
of North America, (hereinafter called the union) by its repre-
sentative, O. S. Baxter;' and by John, C. McRee, attorney for
the National Labor Relations Board, as follows :
283016-42-vol 25--16
230
I
Johnsons' Spring Company, Inc., is ' a corporation organized
and existing under the laws of the State of Tennessee, having
its principal office and place of business in Jefferson City, in
the County of Jefferson, State of Tennessee. It is engaged in
the manufacture, sale and distribution of mattress springs and
upholstered furniture springs. The principal raw materials
used by respondent are wire, hoop steel, burlap,, sisal padding
and lumber. The approximate value of the raw materials used
during the year 1939 is One Hundred and Twenty-five Thousand
Dollars ($125,000), 90 per cent of which was obtained from
states other than the State of Tennessee. During the same year
the plant's products were valued at approximately Two Hundred
and Twenty-five Thousand Dollars ($225,000), of which about
45 per cent was sold and shipped to states other than the State
of Tennessee. The average number of employees in respondent's'
plant was one hundred and five (105). Respondent admits for
the purpose of this proceeding that it is engaged in interstate
Rcommerce within the meaning of Section 2, sub-sections (6) and
(7) of said National Labor Relations Act.
II
The respondent, Johnsons' Spring Company, Inc., waives all
further and other procedure provided by the National Labor
Relations Act, or the Rules and Regulations of the National
Labor Relations Board, including the making of findings of
fact and conclusions of law.
III
Respondent agrees to make whole Walter F. Marks and Lloyd
Lee Walker by paying to them Two Hundred Eighty-one and
40/100 Dollars ($281.40) and Two Hundred Fifty-six and 20/100
Dollars ($256.20), respectively. It is understood and agreed
that the payment of these sums is in full satisfaction of any and
',all claims that said Walter F. Marks and Lloyd Lee Walker
may have because of any matter set forth in the complaint in
this proceeding.-
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV
On the basis of the facts stipulated in paragraph I above,
-the pleadings heretofore filed, this stipulation, and by agree;
,rnent of the parties hereto. the National Labor Relations Board
JOHNSONS' SPRING COMPANY 231
may enter its order in the following form in the above entitled
case:
ORDER
The National Labor ]Relations Board hereby orders that
Johnsons' Spring Company, Inc., its officers, agents, successors
and assigns, shall :
1. Cease and desist from :
(a) Discouraging membership in Amalgamated Association
of Iron, Steel & Tin Workers of North America, affiliated with
the C. I. 0. or any other labor organization of its employees by
laying off, discharging, refusing to reinstate or in any other
manner discriminating in regard to the hire or tenure of em-
ployment of its employees because of membership or activity
in connection with any such labor organization;
(b) In any manner interfering with, restraining or coercing
its employees in the exert-.se of the rights of its employees to
self-organization, to form, join or assist labor organizations to
bargain collectively through representatives ,of their own choos-
ing 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 National Labor Relations Act.
2. Take the following affirmative action :
(a) Make whole Walter F. Marks and Lloyd Lee Walker for
the loss of pay they have suffered by being discharged by pay-
ment to them -of the sum of Two Hundred Eighty-one and 40/100
($281.40) Dollars and Two Hundred Fifty-six and 20/100
($256.20 ) Dollars, respectively;
(b) Post immediately in conspicuous places at its plant, and
maintain for a period of at least sixty ( 60) consecutive days
from the date of posting , notices to its employees stating :
(1) that the 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) that the respondent will take the
affirmative action , set forth in paragraphs 2 (a) and (b) of
this order ;
(c) Notify the Regional Director of the Tenth Region in
writing within ten (10) days from the date of this order of
the steps respondent has taken to comply herewith.
V
The respondent hereby consents to the entry by the United
States Circuit Court of Appeals for the appropriate circuit.
232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
upon application of the Board of a consent decree enforcing an
order of the Board in the form hereinabove 2 set forth, and
hereby waives further notice of the application for such decree.
VI
It is understood and agreed that this stipulation embodies
the entire agreement between the parties and there is no verbal
agreement of any kind which varies, alters or adds to this
stipulation.
VII
It is understood and agreed further that this stipulation is
subject to the approval of the National Labor Relations Board
and shall become effective immediately upon receipt of notice
.'ranting such approval.
On June 17, 1940, the Board issued its order approving the above
stipulation, making it a part of the record in the case, and trans-
ferring 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 above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Johnsons' Spring Company, Inc., a Tennessee corporation with its
principal office and place of business in Jefferson City, Tennessee, is
engaged in the manufacture, sale, and distribution of mattress springs
and upholstered furniture springs. The principal raw materials
used by the respondent are wire, hoop steel, burlap, sisal padding,
and lmber. The value of the raw materials used during 1939 was
approximately $125,000, 90 per cent of which was obtained from
States other than Tennessee. During the same year the respondent
sold products valued at approximately $225,000. About 45 per cent
of such products were sold and shipped to States other than the
State of Tennessee. The respondent employs an average of 105
persons.
The respondent admits that it is engaged in interstate commerce
within,the meaning of the Act.
2 The word "hereinafter" was used in the stipulation It was corrected by consent of
all parties.
JOHNSONS' SPRING COMPANY 233
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States.
ORDER
The National Labor Relations Board hereby orders that Johnsons'
Spring Company, Inc., its officers, agents, successors, and assigns,
shall :
1. Cease and desist from :
(a) Discouraging membership in Amalgamated Association of
Iron, Steel & Tin Workers of North America, affiliated with the
C. I. O. or any other labor organization of its employees by laying
off, discharging, refusing to reinstate, or in any other manner dis-
criminating in regard to the hire or tenure of employment of its
employees because of membership or activity in connection with any
such labor organization;
(b) In any manner interfering with, restraining, or coercing its
employees in the exercise of the rights of its employees to self-organi-
zation, to form, join, or assist labor organizations, to bargain col-
lectively 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
National Labor Relations Act.
2. Take the following affirmative action :
(a) Make whole Walter F. Marks and Lloyd Lee Walker for the
loss of pay they have suffered by being discharged by payment to
them of the sum of $281.40 and $256.20, respectively;
(b) Post immediately in conspicuous places at its plant, and main-
tain for a period of at least sixty (60) consecutive days from the date
of posting, notices to its employees stating: (1) that the 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) that the
respondent will take the affirmative action set forth in paragraphs
2 (a) and (b) of this Order;
(c) Notify the Regional Director of the Tenth Region in writing
within ten (10) days from the date of this Order of the steps
respondent has taken to comply herewith.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Decision and Order.