Lincoln Engineering Co.

National Labor Relations Board - Board Decisions

May 2, 1940

23 N.L.R.B. 511 (N.L.R.B. 1940)

In the Matter Of LINCOLN ENGINEERING COMPANY and LOCAL No. 691,
UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE
CONGRESS OF INDUSTRIAL ORGANIZATIONS and NATURAL BRIDGE
WORKERS BENEFIT ASSOCIATION, PARTY TO THE CONTRACT
Case No. C-1544.Decided May 2, 1940
Lubricating Equipment Manufacturing and Distributing Industry-Settlement:
stipulation providing for compliance with the Act, including disestablishment of
company-dominated union-Order : entered on stipulation.
Mr. Thurrlow Smoot, for the Board.
Mr. David F. Crossen, of St. Louis, Mo., for the respondent.
Mr. Delmond Garst, of St. Louis, Mo., for the Union.
Mr. Richard D. Hatton, Jr., of St. Louis, Mo., for the Association.
Mr. John Green, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
A charge and an amended charge having been duly filed by Local
No. 691, United Automobile Workers of America, affiliated with the
Congress of Industrial Organizations, herein called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Fourteenth Region (St. Louis, Missouri),
issued its complaint, dated March 20, 1940, alleging that Lincoln
Engineering Company, St. Louis, Missouri, herein called the re-
spondent, has engaged in 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. Copies of the complaint and of the
accompanying notice of hearing were duly served upon the respond-
ent, upon the Union, and upon Natural Bridge Workers Benefit
Association, herein called the Association.
With respect to the unfair labor practices, the complaint alleges,
in substance, that the respondent (1) on or about April'1937 insti-
gated, promoted, and assisted in the formation of a labor organiza-
23 N. L. R. B., No. 89.
511
512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lion among its employees known as the Employes Representation
Plan, hereinafter called the Plan, and dominated, controlled, and
interfered with the administration thereof,' and contributed financial
aid and other support thereto; (2) on or about October 11, 1939,
instigated, promoted, and assisted the formation of the Association,
and at all times thereafter has dominated, controlled, interfered
with, and contributed financial and other support to the administra-
tion of the Association, and entered into a contract with the Associa-
tion granting it sole bargaining rights for all its employees in the
St. Louis plant; and (3) that by the above-mentioned acts, by advis-
ing, warning, and urging its employees not to join the Union, and
by other acts, the respondent interfered with, restrained, and coerced
its employees in the exercise of the rights guaranteed in Section 7
of the Act.
On April 3,• 1940, the respondent filed its answer in which. it
denied "generally" every allegation in said complaint," 2 and on the
same day, before any hearing was held, the respondent, the Union,
the Association, and counsel for the Board entered into a stipulation,
subject to the Board's approval, in settlement of the case. This
stipulation provides as follows :
It is hereby stipulated by and between Lincoln Engineering
Company, hereinafter called the respondent, Local No. 691,
United Automobile Workers of America, affiliated with the
Congress of Industrial Organizations, by Delmond Garst, its
Regional Director, Natural Bridge Workers Benefit Association,
and Thurlow Smoot, attorney for the National Labor Relations
Board, that upon an Amended Charge duly filed by Local No.
691, United Automobile Workers of America, affiliated with the
Congress of Industrial Organizations, the National Labor Rela-
tions Board, hereinafter called the Board, by the Regional
Director for the Fourteenth Region, acting pursuant to authority
granted in Section 10 (b) of the National Labor Relations Act,
49 Stat. 449, hereinafter called the Act, and pursuant to Article
II, Section 5, and Article IV, Section 1 of the National Labor
Relations Board Rules and Regulations, Series 2, as amended,
duly issued a Complaint and Notice of Hearing on the 20th day
of March, 1940. The respondent thereafter filed its Answer
consisting of a general denial of all allegations in the said
Complaint.
'The allegations of the complaint with respect to the Plan , in effect, are that it is no
longer in existence.
2 Compare Article II, Section 10, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended. - •
LINCOLN ENGINEERING COMPANY r51
I
The respondent is and has been since the 14th day of January,
1910, a corporation organized under and existing by virtue of
the laws of the State of Missouri, having its principal -office
and place of business in the City of St. Louis, State of Missouri,
and is now and has been engaged at its St. Louis plant in the
manufacture, production, sale and distribution of lubricating
equipment throughout the United States and foreign countries.
II
The respondent, while engaged as above described in its St.
Louis plant, in the course and 'conduct of its business, for the
period from September, 1939, through February, 1940, caused
fifty-four per cent of the total of the raw materials used in the
manufacture and production of lubricating equipment in its St.
Louis plant to be purchased and transported in interstate com-
merce from and through the states of the United States other
than the State of Missouri to the St. Louis plant in the State of
Missouri, and for the same period of time caused approximately
ninety-six per cent of the total of the lubricating equipment manu-
factured, produced and distributed by it at the St. Louis plant
to be sold and transported in interstate commerce from the St.
Louis plant in the State of Missouri to, into and through the states
of the United States other than the State of Missouri, all of the
aforesaid constituting a continuous flow of commerce among the
several states. The total purchases of raw materials by the re-
spondent for its St. Louis plant for the said period, of time
amounted to $211,758.51. The total sales of products manufac-
tured at its St. Louis plant during said period of time amounted
to $888,672.32.
III
The respondent is engaged in interstate commerce within the
meaning of the National Labor Relations Act.
IV
Local No. 691, United Automobile Workers of America, affili-
ated .with the Congress of Industrial Organizations, hereinafter
called the Union, and the Natural Bridge Workers Benefit Asso-
ciation, hereinafter called the Association, are labor organizations
within the meaning of Section.2 (5) of the Act. The Employes
Representation Plan was'a labor organization within the meaning
of Section 2 (5) of the Act.
514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V
The Complaint is herewith amended so that the words "Benefit"
and "Workers" in the caption of said Complaint are transposed,
and in line 3 of Paragraph 3 of said Complaint, the words "Bene-
fit" and "Workers" are transposed.
VI
The respondent and the Association executed a contract, dated
November 17, 1939.
VII
The respondent, the Union and the Association waive their
right to a hearing and to the making of Findings of Fact and
Conclusions of Law by the Board as set forth in Section 10 (b)
and (c) of the Act.
VIII
This Stipulation, together with the pleadings in the case, may
be filed with the Chief Trial Examiner of the National Labor
Relations Board at Washington, D. C., and when so filed shall
constitute the record in this case.
IX
Upon this Stipulation, an order may forthwith be entered by
the Board providing as follows :
1. The respondent, its agents, successors, and assigns, shall
cease and desist :
(a) Advising, urging and warning its employees not to become
or remain members of Local No. 691, United Automobile Workers
of America, affiliated with the Congress of Industrial Organiza-
tions, or any other labor organization of their own choosing;
(b) Dominating or interfering with the formation or adminis-
tration of the Employes Representation Plan, or any other labor
organization of its employees, or contributing financial or other
support to any such labor organization;
(c) Dominating or interfering with the administration of the
Natural Bridge Workers Benefit Association, or with the forma-
tion or administration of any other labor organization of its
employees, and from contributing financial or other support to
the Natural Bridge Workers Benefit Association or any other
labor organization of its employees;
LINCOLN ENGINEERING COMPANY 515
(d) Recognizing the Natural Bridge Workers Benefit Asso-
ciation as the representative of any of its employees for the pur-
pose of dealing with the respondent concerning grievances, labor
disputes, rates of pay, wages, hours of employment and other
conditions of employment;
(e) Enforcing or attempting to enforce the contract executed
by the respondent and the Natural Bridge Workers Benefit Asso-
ciation on November 17, 1939, or any other agreement, under-
standing or arrangement entered into with the Natural Bridge
Workers Benefit Association ;
(f) In any other manner interfering with, restraining, or co-
ercing its employees in the exercise of their rights to self-or-
ganization, 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 or other mutual aid or protection, as guaranteed in'
Section 7 of the Act.
2. The respondent, its agents, successors, and assigns, shall take
the following affirmative action :
(a) Withdraw all recognition from the Natural Bridge Workers
Benefit Association as the representative of any of its employees
for the purposes of dealing with the respondent concerning griev-
ances, labor disputes, rates of pay, wages, hours of employment
or other conditions of employment, and completely disestablish
the Natural Bridge Workers Benefit Association as such repre-
sentative.
(b) Immediately post notices in the form attached hereto as
Appendix "A", in conspicuous places in the St. Louis plant, and
maintain such notices for a period of sixty (60) consecutive days.3
(c) Notify the Regional Director for the Fourteenth Region
in writing, within ten (10) days from the date of this Order what
steps the respondent has taken to comply herewith.
The respondent, the Union and the Association hereby consent
to the entry by any appropriate Circuit Court of Appeals of the
United States, upon application by the Board, of a decree en-
forcing the Order of the Board. The respondent, the Union and
the Association expressly waive any right or privilege to contest
the entry of any such decree and their right to receive notice of
the filing of an application for entry of such decree.
Neither the execution of this Stipulation nor the Order of the
Board, nor the Order of the United States Circuit Court of
8 Appendix A to the stipulation is identical with Appendix A to the Decision and Order
(see infra) herein.
''55' 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Appeals shall be -considered an admission that the respondent
Lincoln Engineering Company has violated the National Labor
Relations Act.
It is agreed between the parties hereto that this ,Stipulation
is subject to the approval of the Board and will become -effective
inmediately,upon .being approved by the Board.
The Union agrees for it and its members that nothing which
may have-occurred prior to the signing of this stipulation shall be
the basis of any charge or be used to support any charge against
the respondent for violation of the Act.
The Association at its regular monthly meeting on April 2,1940,
by resolution duly made, seconded and adopted, was dissolved.
It is further agreed and stipulated between the parties hereto
that the entire agreement between the parties hereto is contained
within the terms of this Stipulation, and there is no verbal agree-
ment of any kind which changes, alters, or adds to this
Stipulation.
On April 19, 1940, the Board issued its order approving the fore-
going stipulation and making it a part of the record in the case, and,
in accordance with Article II, Section 36, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, transfer-
ring the case 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 above stipulation and the entire record in
the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF TFIE RESPONDENT
Lincoln Engineering Company, a Missouri corporation having its
principal office and place of business in St. Louis, Missouri, is en-
gaged at its St. Louis plant in the manufacture, production, sale, and
distribution of lubricating equipment throughout the United States
and foreign countries.
From September 1939 through February 1940 the respondent caused
to be purchased and transported from and through States other than
the State of Missouri 54 per cent *of the raw materials used in the
manufacture and production of lubricating equipment in its St. Louis
plant, the total value of such purchases amounting to $211,758.51.
During the same period the respondent caused to be sold and trans-
ported to, into, and through' States other than the State of Missouri
approximately 96 per cent of the lubricating equipment manufactured,
LINCOLN ENGINEERING COMPANY 517
produced, and distributed by it at the St. Louis .plant, the total value
of such sales amounting to $888,672.32.
We find that the respondent is engaged in trade, traffic, and com-
merce among the several States, and that the activities of the respond-
ent alleged in the complaint, occurring in connection with the opera-
tions,of the respondent described above, have a close, intimate, 'and
substantial relation to trade, traffic, and commerce among the several
States, and tend to lead to labor disputes burdening and obstructing
commerce and the free,flow of commerce.
II. THE ORGANIZATIONS INVOLVED
Local No. 691, United Automobile Workers of America, affiliated
with the Congress of Industrial Organizations, and the Natural
Bridge Workers Benefit Association are labor organizations within
the meaning of Section 2 (5) of the Act. The Employes Representa-
tion Plan was a labor organization within the meaning of Section 2 (5)
of the Act.
ORDER
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, Lincoln Engineering Com-
pany, St. Louis, Missouri, its officers, agents, successors, and assigns,
shall :
1. Cease and desist from :
(a) Advising, urging, and warning its employees not to become or
remain members of Local No. 691, United Automobile Workers of
America, affiliated with the Congress of Industrial Organizations,
or any other labor organization of their own choosing;
(b) Dominating or interfering with the formation or administra-
tion of the Employes Representation Plan, or any other labor organi-
zation of its employees, or contributing financial or other support to
any such labor organization;
(c) Dominating or interfering with the administration of the Nat-
ural Bridge Workers Benefit Association, or with the formation or
administration of any other labor organization of its employees, and
from contributing financial or other support to the Natural Bridge
Workers Benefit Association or any other labor organization of its
employees;
(d) Recognizing the Natural Bridge Workers Benefit Association
as the representative of any of its employees for the purpose of deal-
ing with the respondent concerning grievances, llibor disputes, rates
283034-41-vol 23-34
518 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of pay, wages, hours of employment, and other conditions of
employment;
(e) Enforcing or attempting to enforce the contract executed by
the respondent and the Natural Bridge Workers Benefit Association
on November 17, 1939, or any other agreement, understanding, or,
arrangement entered into with the Natural Bridge Workers Benefit
Association ;
(f) In any other manner interfering with, restraining, or coercing
its employees in the exercise of their rights to self-organization, to
form, join, or 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 7 of the Act.
2. Take the following affirmative action :
(a) Withdraw all recognition from the Natural Bridge Workers
Benefit Association as the representative of any of its employees for
the purposes of dealing with the respondent concerning grievances,
labor disputes, rates of pay, wages, hours of employment, or other
conditions of employment, and completely disestablish the Natural
Bridge Workers Benefit Association as such representative;
(b) Immediately post notices in the form attached hereto as Ap-
pendix A, in conspicuous places in the St. Louis plant, and maintain
such notices for a period of sixty (60) consecutive days;
(c) Notify the Regional Director for the Fourteenth Region in
writing, within ten (10) days from the date of this Order what steps
the respondent has taken to comply herewith.
APPENDIX A
NOTICE
In conformity with an order to be entered by the National Labor
Relations Board, based upon a Stipulation, which did not constitute
an admission that the National Labor Relations Act has been vio-
lated, the Lincoln Engineering Company will cease and desist :
(a) Advising, ,urging and warning its employees not to become or
remain members of Local No. 691, United Automobile Workers of
America, affiliated with the Congress of Industrial Organizations,
or any other labor organization of their own choosing;
(b) Dominating or interfering with the formation or administra-
tion of the Employes Representation Plan, or any other labor organ-
ization of its employees, or contributing financial or other support
to any such labor organization;
(c) Dominating or interfering with the administration of the
Natural Bridge Workers Benefit Association, or with the formation
LINCOLN ENGINEERING COMPANY 519
or administration of any other labor organization of its employees,
and from contributing financial or other support to the Natural
Bridge Workers Benefit Association or any other labor organization
of its employees;
(d) Recognizing the Natural Bridge Workers Benefit Association
as the representative of any of its employees for the purpose of
dealing with the respondent concerning grievances, labor disputes,
rates of pay, wages, hours of employment and other conditions of
employment ;
(e) Enforcing or attempting to enforce the contract executed by
the respondent and the Natural Bridge Workers Benefit Association
on November 17, 1939, or any other agreement, understanding or
arrangement entered into with the Natural Bridge Workers Benefit
Association;
(f) In any other manner interfering with, restraining, or coercing
its employees in the exercise of their rights 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 or other
mutual aid or protection, as guaranteed in Section 7 of the Act.
The Lincoln Engineering Company will take the following affirm-
ative action :
(a) Withdraw all recognition from the Natural Bridge Workers
Benefit Association as the representative of any of its employees for
the purposes of dealing with the respondent concerning grievances,
labor disputes, rates of pay, wages, hours of employment or other
conditions of employment, and completely disestablish the Natural
Bridge Workers Benefit Association as such representative.
(b) Terminate, cancel, and not give effect to all contracts, agree-
ments, understandings and arrangements entered into between the
company and the Natural Bridge Workers Benefit Association, in-
cluding the contract dated November 17, 1939.
(c) Post this notice in conspicuous places in the company's St.
Louis plant for a period of sixty (60) consecutive days.