Keystone Silver, Inc.

National Labor Relations Board - Board Decisions

Nov 17, 1941

36 N.L.R.B. 997 (N.L.R.B. 1941)

In the Matter of KEYSTONE SILVER, INC. and LOCAL 1225 OF THE UNITED
ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, C. I. O.
Case No. C-1970.-Decided November 17, 1941
Jurisdiction : metal products manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mrs. Elinore M. Herrick, for the Board..
Mr. Bernard F. Nathan, of New York City, for the respondent.
Mr. Nathan Lerner , of Brooklyn , N. Y., for the Union.
Miss Mary E. Perkins , of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local 1225 of the
United Electrical, Radio and Machine Workers of America, C. I. O.
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 September 9, 1941,
against Keystone Silver, Inc., New York City, herein called the re-
spondent, alleging that the respondent had engaged and was engaging
in 'unfair labor practices affecting commerce, within the meaning of
Section 8 (1) and (2) and Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. A copy of the com-
plaint together with notice of hearing thereon was duly served upon,
the respondent.
As to the unfair labor practices, the complaint alleged in substance
(1) that the respondent about January 1940 initiated and sponsored a
labor organization known as Keystone Silver Employees Association
for the purpose of dealing with its employees concerning grievances,
labor disputes, wages, rates of pay, hours of employment, or conditions
of work, and has continued to dominate the said Association, to con-
tribute to its support, and to interfere with its administration; and
(2) that by these acts, by urging,- persuading, and warning its ein-
36 N. L. R. B., No. 205.
. 997
998 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees to refrain from aiding, or becoming or remaining members of,
the Union , and by threatening to move its plant from the- present
location , and to discharge its employees if its employees joined the
Union, the respondent has interfered With, restrained , and coerced its
employees in the exercise of the ' rights guaranteed in Section 7 of the
Act..
On September 9, 1941, the respondent and the Regional Director
entered into a stipulation , subject to the approval of the Board, in
settlement of the case . The stipulation provides as follows:
AGREEMENT OF SETTLEMENT
Agreeineilt made this 9th day of September 1941, by and be-
tween Keystone Silver, Inc., (hereinafter called the Respondent),
and Elinore M. Herrick, Regional Director of the National Labor
Relations Board, Second Region.
A. WHEREAS a charge in the above captioned proceeding- was
filed with the National Labor Relations Board- (hereinafter called
the Board), on March 7, 1940 by Local 1225 of the United
Electrical, Radio & Machine Workers of America, C. I. 0., and
thereafter a first amended charge was filed on July 10, 1940, a
second amended charge on September 30, 1940, a third, amended
charge on December 2,.1940, and a fourth amended charge on
May 1, 1941, and
B. WHEREAS a complaint and notice of hearing based on the,
above-described fourth amended charge was duly issued by the
Board on the 9th day of Sept. 1941, and
C..WHEREAS the parties desire amicably to dispose of all issues
created by. said charges and said complaint and to eliminate the
necessity of further proceedings by and before the Board,
Now THEREFORE it is mutually agreed :
1. The Employer is engaged in commerce within the meaning
of Section 2, subdivisions 6 and 7 of the National Labor Relations
Act. .
2. The Employer is and has been at all times since March 1920
a corporation organized under and existing by virtue of the laws
of the State of New York, having its principal' office and place
of business at 460'West 34th Street, City, County and State of
New York, where it is engaged in the manufacture and sale of
plated ware, metal goods, novelties -and related products; the
principal raw materials used in the manufacture of the above de-
scribed finished products are brass, copper, steel and aluminum,
approximately ten thousand dollars ($10,000) worth of which, or
about 10 % of all raw materials used, were shipped to its plant
in the State of New York from points outside of that State, during
KEYSTONE SILVER, INC. 999
the last six months, a representative period in' the employer's
business; during the same period, approximately twenty-five
thousand dollars ($25,000) worth of finished products or about
50/0 of all its finished products were shipped by it from its plant
in the State of New York to points outside that State.
3. Local 1225 of the United Electrical, Radio & Machine Work-
ers of America, C. I. O.. is and Keystone Silver Employees Asso-
ciation was until February 15, 1940 a labor organization within
the meaning of Section, 2, subdivision 5 of the National Labor
Relations Act.
4. The affidavits of Lawrence Leventhal and Samuel Sigel, duly
sworn to the 22nd day of July, 1941, annexed hereto and made
part hereof, are accepted by the parties as true statements of fact,
insofar as such affidavits relate to the Keystone Silver Employees
Association, and it is stipulated that Keystone Silver Employees
Association is no longer in existence.
5. The Employer waives the right to file an answer in the above
captioned proceeding and the parties waive their rights to further
proceedings by and before the Board and the making of findings
of facts and conclusions of law by the Board.
6. The above described charges, the above described complaint.
and notice of hearing, this agreement and the affidavits described
above in paragraph 4 shall constitute the .entire record in this
proceeding which record shall be filed with the Chief Trial Exam-
iner of the Board.
7. The parties hereby agree to the issuance by the Board with-
out further notice or proceedings of an order substantially in the
following form, which order shall have the same force and effect
as if made after full hearing, presentation of evidence and the
making of findings of facts and conclusions of law thereon :
"The respondent, Keystone Silver, Inc., its officers, agents,
successors and assigns shall:
1. Refrain from :
(a) In any manner interfering with, restraining, or coerc-
ing its employees in the exercise of their rights to self-organi-
zation; to form, join, or assist labor organizations; to bargain
collectively through representatives of their own choosing; or
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) In any manner dominating or interfering with the ad-
ministration of Keystone Silver Employees Association or
with the formation or administration of any other labor or-
ganization of its employees or contributing financial or other
1000 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
support to the Keystone Silver Employees Association or
any other labor organization of its employees.
2. Take the following affirmative action to effectuate the pol-
icies of the National Labor Relations Act :
(a) Withdraw all recognition from Keystone Silver Em-
ployees Association as the representative of any of its em-
ployees, for the purpose of 'dealing with the respondent
concerning' grievances, labor disputes, wages, rates of pay,
hours of employment or conditions of employment, and com-
pletely" disestablish Keystone Silver Employees Association.
(b) Immediately post copies of the following notice in con-
spicuous places throughout its New York plant and maintain
such notices for a period of at least sixty (60) consecutive
days from the date of the posting of said notices :
`NOTICE TO OUR EMPLOYEES
Keystone Silver, Inc., states :
1. It will not in any manner interfere with, restrain or co-
erce its employees in the exercise of their right to self-
organization , to bargain collectively through representatives
of their own choosing , or to engage in concerted activities for
the purpose of collective bargaining or other mutual aid or
protection.
2. It will not dominate or interfere with the administration
of Keystone Silver Employees Association or with the forma-
tion or administration of any other labor organization, and
will not contribute financial or other support to the Keystone
Silver Employees Association or any other organization of its
employees.'
(c) Notify the Regional Director of the National Labor
Relations Board for the Second Region within 10 days after
the receipt of a copy of this order what action the respondent
has taken to comply therewith.
8. The Respondent hereby consents to the entry by an appro-
priate ,Circuit Court of Appeals, upon application by the Board
and without notice to the Respondent , of an enforcement decree
embodying substantia ' ly the terms of the Boards order set forth
above in paragraph T.
9. The entire agreement between the parties is contained
within the terms of this instrument and there is no understanding
of any kind which varies, alters , or adds to this agreement.
10. This agreement shall go into effect as soon as it has re-
ceived the approval of the Board but shall be of no effect if
such approval is not granted. . ,
KEYSTONE SILVER, INC. 1001
11. By waiving its right to file an answer to the complaint,
and by having entered into this stipulation, the respondent does
not admit that it has been guilty of any unfair labor practices
mentioned herein or that it has in any way violated the National
Labor Relations Act or any of the provisions thereof.
On September 22, 1941, the Board issued its order approving the
above stipulation, 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, transferring the, pro-
ceeding to and continuing it before the Board for the purpose of
entry of a Decision and Order by the Board, pursuant to the provi-
sions of the stipulation.
Upon the basis of - the foregoing stipulation and the entire record
in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Keystone Silver, Inc. is a corporation organized and existing under
the laws of the State. of New York, having its principal office and
place of business at 460 West 34th Street, New. York City, where it
is engaged in the manufacture and sale of plated ware, metal goods,
novelties, and related products.
During the 6 months preceding September 1, 1941, a representative
period in the respondent's business, the respondent purchased raw
materials consisting of brass, copper, steel, and aluminum, of which
about 10 per cent, or approximately $10,000 worth, were shipped to
its plant in New York City from points outside the State of New York.
During the same period about 50 per cent of the products manufac-
tured by the respondent at its New York City plant were shipped
by the respondent to points outside the State of New York. The
products so shipped were valued at approximately $25,000.
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 the
entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, Keystone Silver,- Inc., its officers,
agents, successors, and assigns shall :
1. Refrain from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of their rights to self organization, to form,
1002 DECISIONS OF NATIONAL LABOR' RELATIONS BOARD
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, or to engage in concerted, activi-
ties for the purposes of collective bargaining or other mutual aid or
protection, as guaranteed in Section 7 of the National Labor Rela-
tions Act;
(b) In any manner dominating or interfering with the administra-
tion of Keystone Silver Employees Association or with the forma-
tion or administration of any other labor organization of its em-
ployees, or contributing financial or other support to the Keystone
Silver Employees Association or any other. labor organization of its
employees.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Withdraw all recognition from Keystone Silver Employees
Association as the representative of any of its employees for the pur-
pose of dealing with the respondent concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment, or conditions of em-
ployment, and completely disestablish Keystone Silver Employees
Association;
(b) Immediately post copies of the following notice in conspicu-
ous places throughout its New York plant and maintains such notices
for a period of at least sixty (60) consecutive days from the date of
the posting of said notices :
"NOTICE TO OUR EMPLOYEES
Keystone Silver, Inc., states :
1. It will not in any manner interfere with, restrain, or coerce
its employees in the exercise of their right to self-organization,
to bargain collectively through representatives of their own
choosing, or to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
2. It will not dominate or interfere with the • administration
of Keystone Silver Employees Association or with the formation
or administration of any other labor organization, and will not
contribute financial or other support to the Keysone Silver Em-
ployees Association or any other labor organization of its
employees."
(c) Notify the Regional Director of the National Labor Relations
Board for the Second Region within 10 days after the receipt of a
copy of this order what action the respondent has taken to comply
therewith.