Klauer Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 15, 1939

17 N.L.R.B. 717 (N.L.R.B. 1939)

In the Matter of KLAUER MANUFACTURING Co. and LODGE 1238, IN-
TERNATIONAL ASSOCIATION OF MACHINISTS , A. F. OF L.
Case No. C-1260.Decided November 1., 1939
Sheet . Metal_ Products Manufacturing Industry-Settlemnent,:' stipulation pro-
viding;,for-.compliance with the Act-Order:, entered' on stipulation.
Mr. Lee Loevinger, for the Board.
Smith d O'Connor, by Mr. William A. Smith and Mr. Frank A.
O'Connor, of Dubuque, Iowa, for the respondent.
Mr. A. J. Toth, of counsel to the Board.
DECISION
AND
ORDER
STATEDIENT OF THE CASE
Upon charges and amended charges duly filed by Lodge 1238,
International Association of Machinists, A. F. of L., herein called
the Union, the National Labor Relations Board, herein called the
Board, by its Regional Director for the Eighteenth Region (Minne-
apolis, Minnesota), issued its complaint dated January 9,1939, against
Khmer Manufacturing Co., of Dubuque, Iowa, herein called the re-
spondent, alleging that the respondent had engaged in and was
engaging in unfair labor practices affecting commerce, 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.
A copy of the complaint and notice of hearing thereon was duly
served upon the respondent and the Union.
In respect to the unfair labor practices, the complaint alleged, in
substance, that the respondent, on specified dates, discharged 8 named
employees and, on or about September 23, 1938, shut down the cul-
vert department of its plant and laid off, discharged, or locked out
25 named employees ; that the respondent has refused and still re-
fuses, to reinstate the aforesaid employees because. they joined. and
assisted the Union and engaged in concerted activities for the pur-
poses of collective bargaining and other mutual aid and protection;
that the respondent advised, urged, threatened, and warned its em-
ployees ;to refrain from becoming or remaining members of the
17 N. L. R. B., No. 61.
717
718 DECISIONS OF NATEOtiAi, T AUOR RELATIONS DOARU
Union, attempted to spy upon the activities of its employees in
organizing for the purposes of collective bargaining and other mu-
tual aid and protection,,and by the above-mentioned and other acts,
interfered with, restrained, and coerced its employees in the exercise
of the rights guaranteed in Section 7 of the Act. On January 16,
•1939; the respondent filed its answer to the complaint in which it
admitted some of the specific averments in the complaint, including
those concerning the nature and scope of its business, but denied the
allegations of unfair labor practices.
Pursuant to not.ice,r a hearing was held at Dubuque. Iowa., on
February 2, 3, 4, 6, 7, and 8, 1939, before William P. Webb, the Trial
Examiner duly designated by the Board. The Board and the re-
spondent were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing upon the issues was afforded
all parties. On March 24, 1939, the respondent filed a brief with the
Trial Examiner in support of its case.
On April 18, 1939, the Trial Examiner filed his Intermediate Re-
port, copies of which were duly served upon all parties. He found
that the respondent had engaged in unfair labor practices affecting
commerce witlliit the meaning of Section 8 (1) and (3) and Section
2 (6) and (7) of the Act by discharging and refusing to employ
Frank Gruber, Edward Didesch and Clarence Barton. He recom-
mended that the respondent cease and desist from its unfair labor
practices and, affirmatively, reinstate the said three employees with
back pay and post appropriate notices. He further reconmieiided
that the allegations of the complaint be dismissed in regard to the
other employees named therein.
. Exceptions to the Intermediate Report and request for oral argu-
ment, were filed by the Union on April 27, 1939, and by the respondent
on May 4, 1939. On May 5, 1939, the Union filed additional excep-
tions to the Intermediate Report. Pursuant to leave granted by the
Board to all parties, the respondent filed a brief on August 1, 1939.
On October 7, 1939, counsel for the Board and counsel for the
respondent entered into a stipulation in settlement of the case. The
stipnlatiain provides as follows:
STIPULATION
It is hereby stipulated by and between counsel for Klauer
Manufacturing Company and counsel for the National Labor
Relations Board that :
I The hearing was postponed, upon the motion -of the • iespondent.. from ,Jantiary,23, 1939,
to February 2. 1939. flue' notice of the postponement was given both the respondent and
the Union.
KLAUER II:ANUT ACT'UR. NG CO. 719
1. Upon the pleadings, transcript, '.and Intermediate 'R'eport,
Ii auer Manufacturing Company consents to the entry by the
National Labor Relations Board of the following order :
ORDER
Upon the basis of this 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 respondent, Klauer Manufacturing Company and its
officers, agents, successors, aud' assigns shall
1. Cease and desist from :
(a) Discouraging membership in Lodge 1238, International
Association of Machinists, affiliated with the American Federa-
tion of Labor, or any other labor organization of its employees,
by discharging or refusing to reinstate any of its employees, or
in any other manner d-iscriihinating in re a:rd- to -their :hire or
tenure of employment, or any term or condition of their einpioy-
ment because of membership or activity in Lodge 1238, Inter-
national Association of Machinists, affiliated with the American
Federation of Labor, or any other labor organization of its
employees ;
(b) In any other mariner interfering with, restraining, or
coercing its employees in the exercise of the right to self-organi-
zation, 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 and other mutual aid or protection, as gnarauteed in
Section 7 of the National Labor Relations Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act:
(a) Offer to Clarence Barton, Edward Didescli and Frank
Gruber immediate and full reiiistateinent to their former or
substantially equivalent positions without prejudice to their
seniority and other rights and privileges;
(b) Make whole Clarence Barton, Edward Didesch and
Frank Gruber for any loss of pay they have suffered by reason
of their discharge on Marcli 4, 1938, by paying to each of them
the sum of money appearing opposite their respective names:
Clarence Barton------------------------------------- $200.00
Edward Didesch------------------------------------ $300.00
Frank Grube ''-------------------------------------- $250. 00
720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Place those employees whose names appear in Appendix
A 2 upon a preferential list and if and when respondent here-
after engages in the manufacture of culverts, offer them reem-
ployment in the order of their seniority before hiring any new
employees for, or transferring other employees into, the depart-
inent devoted to'the -manufacture' of culverts;
(d) Make whole those employees whose navies appear in
Appendix A for any loss of pay they have suffered by reason
of respondent having closed its Culvert Department, by paying
to each and every one of them the sum of $30.00;
(e) Post immediately, and keep posted for a period of at
least sixty (60) consecutive days from the date of posting,
notices in conspicuous places throughout its plant stating that
the respondent will cease and desist in the manner set forth in
1 (a) and (b) ;
(f) Notify the Regional Director for the Eighteenth Region
,(Minneapolis, Minnesota) in writing within ten (10) days from
the date of this order, what steps the respondent has taken to
comply herewith.
And it is further ordered that the complaint be, and it hereby
is, dismissed in so far as it alleges that within the meaning of
Section 8 (3) of the Act respondent discriminated in regard to
the hire and tenure of employment of Celia Meyers, Glenn
Trizulny, Joseph Guilford, Clarence LeGrand, and Charles
Parkins.
2. Respondent, Kla.uer Manufacturing Company, hereby con-
sents to the entry by the United .States Circuit Court of Appeals
for the appropriate circuit, upon application by the Board, of
a consent decree enforcing an order of the Board in the form
hereinabove set forth, and hereby waives further notice for the
,application of such decree.
3. The execution of this stipulation, plus its approval by the
National Labor Relations Board, shall conclude all matters aris-
ing in this case and the rights of all the parties.
4. It is understood and agreed that this stipulation is subject
to the approval of the National Labor Relations Board and
shall become effective immediately upon the granting of such
approval.
5. It is further understood and agreed that this stipulation
embodies the entire agreement between the parties and that
2 Appendix A referred to in the stipulation is not set forth hdre since it is Identical
with Appendix A attached to our Order.
KLAUER MANUFACTURING CO. 721
there is no verbal agreement of any kind which varies, alters, or
adds to this stipulation.
On November 1, 1939, the Board issued its order approving the
above stipulation and making it a .part of the record in the case.
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, an Iowa corporation, with its office and plant
in Dubuque, Iowa, is engaged in the manufacture, sale, and dis-
tribution of snow ploughs, hardware specialties, railway-car heaters,
and sheet-metal products such as troughs, roofing, ventilators, ceil-
ings, shingles, and skylights. The principal raw materials used by
the,respondent .are sheet-metal. , tin, copper, steel, axles, bolts, and
nuts, rivets, lumber, and nails, of which 90 per cent are shipped
to the respondent's plant from States other than the State of Iowa.
The respondent sells and delivers approximately 60 per cent of its
finished products to States outside of the State of Iowa and to for-
eign countries. In the year 1938 the respondent's gross sales
amounted to $2,122,755.72.
We find that the operations of the respondent' described above
constitute a continuous flow of trade, traffic, and commerce among
the several States and with foreign countries.
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
National Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, Klauer Manufacturing Co., of
Dubuque, Iowa, and its officers, agents, successors, and assigns shall:
1. Cease and desist from :
(a) Discouraging membership in Lodge 1238, International Asso-
ciation of Machinists, affiliated with the American Federation of
Labor, or any other labor organization of its employees, by dis-
charging or refusing to reinstate any of its employees, or in any
other manner discriminating in regard to their hire or tenure of
employment, or any term or condition of their employment because
of membership or activity in Lodge 1238, International Association
of Machinists; affiliated with the American Federation of Labor, or
any other labor organization of its employees;
722 DECISIONS OF -NATIONAL LABOR RI?LA'TIONS BOAU1)
(b) In any other nl'iihfer interfering-with, restraining , or coerc-
ing its employees in the exercise of the right 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 and
other mutual aid or protection , as guaranteed in Section of the
National Labor Relations Act.
2. Take the following . affirmative action which the Boarcl finds
will effectuate the policies of the Act:
(a) Offer to Clarence Barton , Edward Didesch, and Frank
Gruber immediate and full reinstatement to their former or sub-
stantially equivalent positions without prejudice to their seniority
and other rights and privileges;
(b) Make whole Clarence Barton, Edward Didesch and Frank
Gruber for any loss of pay they have suffered by reason of their
discharge on March 4, 1938 , by paying to each of them the shin of
money appearing opposite their respective names:
Clarence Bnrton ---------------------------------------- $200.00
Edward Didesch ---------------------------------------- $300.00
Frank Grnber ------------------------------------------- $250.00
(c) Place those employees whose names appear in Appendix A
upon a preferential list and if and when respondent hereafter en-
gages in the manufacture of culverts, offer them reemployment in
the order of their seniority before hiring any new employees for, or
transferring other employees into, the department devoted to the
manufacture of culverts:
(d) Make whole those employees whose names appear in Appendix
A for any loss of pay they have suffered by reason of respondent
having closed its Culvert Department, by paying to each and every
one of them, the sun of $30.00;
(e) Post immediately, and keep posted for a period of at least
sixty (60) consecutive days from the date of posting, notices in
conspicuous places throughout its plant stating that the respondent
will cease and desist in the manner set forth In 1 (a) and (b)
(f) Notify the Regional Director for the Eighteenth Region (Min-
neapolis, Minnesota) in writing within ten (10) clays from the date
of this Order, what steps the respondent has taken to comply
herewith.
AND IT-IS.FURTIIER ORDERED that the complaint be, and it hereby is,
dismissed in so far as it alleges that within the meaning of Section
8 (3) of the Act respondent discriminated in regard to the hire and
tenure of employment of Celia Meyers. Glenn Triznhiy, Joseph Guil-
ford, Clarence LeGrand, and Charles Parkins.
KLA1JF:1', 1\{A,A UFACTUR[NG
APPENDIX A
Co. 723
Frank. Ari,hofer John Lindecker Arnold Sand
Jacob Bertgens John Lutgen Andrew Schmid
Harry Bieger Herbert Meyer Charles Smith
Frank Carter Harry O'Halloran Robert Smith
Bert Drees Raymond Pitz Nick Stoffel
Henry Foht Charles Pratt Theo Tropt
George Husch Ray Purnhage Herman Weis
Archie Hoppman Henry Rave
Jason Leason Val Roth
t