Marietta Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 18, 1942

42 N.L.R.B. 611 (N.L.R.B. 1942)

In the Matter Of MARIETTA MANUFACTURING COMPANY and UNITED
STEELWORKERS OF AMERICA LOCAL 23281
Case No. C-2217.-Decided July 18, 1942
Jurisdiction : shipbuilding industry
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation -
Mr Philip G Phillips and Mr Thomas E Shroyer, for the Board.
Mr J T Weissenburger and Mr. William H. Bard-in of Point
Pleasant, W Va , for the respondent
Mr William Mackey, by Mr Joseph La Morte, and Mr William
Edwards, Jr , of Charleston, W. Va., for the Union
Mr Bertram Diamond, of counsel to the Board
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Steel-
workers of America, Local 2328, herein called the Union, the Na-
tional Labor Relations Board, herein called the Board, by the Regional
Director for the Ninth Region (Cincinnati, Ohio), issued its com-
plaint, dated April 10, 1942, against Marietta Manufacturing Com-
pany, Point Pleasant, West Virginia; herein called the respondent,
alleging that the respondent had engaged 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 Rela-
tions Act, 49 Stat 449, herein called the Act Copies of the complaint,
accompanied by notices of heating thereon, were duly served upon the
respondent and the Union.
With respect to the unfair labor practices, the complaint alleged
in substance that the respondent (1) since about December 1, 1940,
engaged in a plan and continuous course of conduct which has inter-
fered with, restrained, and coerced its employees by (a) making
disparaging and discriminatory "remarks about the Union; (b) in-
I By stipulation, it was agreed to substitute the above name for Steel Workers Organiz-
Ing Committee, Local 2328, C I 0
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611
612
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DECISIONS OF NATIONAL LABOR RELATIONS BOARD
quiring of its employees concerning their union affiliation, (c) engag-
ing in surveillance of meetings of the Union, (d) employing spies
to keep it informed of the membership in and activities of the Union;
(e) attempting to induce members to resign from the Union by con-
ditioning their i eemployment upon such w ithdi awal , (f) stating to
its employees that the respondent would cease operating the plant if
the Union succeeded ii oiginizing the employees, (g) infoiming its
employees that the Union would involve them in stakes and violence,
while, without a union, their future would be secuie; (h) uiging,
persuading, and warning its employees to iefiain from becoming, or
remaining, membei s of the Union, (2) at specified times dui ring 1940
and 1941, discharged or laid off and refused to reinstate Richard
Fowler, R E Rothgeb, William Davis, H C Cooper, Reuben Gaskins,
Grover C Fowler, Charles Stephenson, Lewis Bass, Hoy Jones, Gilbert
Deweese, and H E Holcomb, because of then membei ship and activ-
ity in the Union, (3) on of about April 8, 1941, discharged and re-
fused to reinstate Ell Risei, because of his membership and activity
in the Union; (4) on or about April 14, 1941, discharged and refused
to reinstate Dallas Moss, Gus Spencer, Hayward Knotts, Harry
Stutlei, John Stutler, Louis Hurley, and Lonnie Rayburn, because
they engaged in a stake winch occurred as a consequence of the
aforementioned alleged unfair labor practices, (5) on or about Feb-
ruary 9, 1942, refused employment to Thornton Smith because of his
activities and membership in the Union
On April 23, 1942, the respondent filed its answer in which it ad-
mitted some of the allegations in the complaint, but denied that it
had engaged in any unfair labor practices
Pursuant to notice, a hearing was held at Gallipolis, Ohio, from
April 23 to April 26, 1942, before George Bokat, the Trial Examiner
duly designated by the Chief Trial Examiner The Board and the
respondent were represented by counsel and the Union by its repre-
sentatives, and all parties participated in the hearing Thereafter,
on June 5, 1942, Trial Examiner Bokat duly issued and caused to
,be served upon the parties his Intermediate Report.
On June 6, 1942, the respondent, the Union, and the Regional
Director for the Ninth Region entered into a stipulation in settle-
ment of the case. This stipulation provides as follows :
A Trial Examiner of the National Labor Relations Board,
hereinafter called the Board, having duly issued on June 5, 1942,
his intermediate Report in the above entitled matter, and it being
the desire of the parties hereto to dispose of the matters involved
by mutual agreement and the parties hereto having this day en-
tered into a Settlement Agreement disposing of the matters
arising under the Intermediate Report of the said Trial Examiner
MARIETTA MANUFACTURING COMPA\I 613
It is hereby stipulated and agreed by and between Steel Work-
ers Organizing Committee, Local 2328, C I O. herein called the
Union, Marietta Manufacturing Company herein called the re-
spondent and Philip G Phillips, Regional Director for the Ninth
Region of the Board, that
I The name of the Union whenever it appears in these pro-
ceedings shall be amended to read United Steelworkers of
America, Local 2328
II The respondent, a West Virginia corporation, is engaged
in the manufacture of boats for the United States Army at its
shipyard in Point Pleasant, West Virginia In the year 1941, it
manufactured boats for the United States Navy. During 1941,
raw materials purchased by the respondent, consisting princi-
pally of metal bars and shapes, exceeded $200,000 in value, 90
percent of which was purchased and shipped to it from points
outside the State of West Virginia During the same period, its
gross sales exceeded $1,000,000 in value and all of its finished
products were sold and shipped to points outside the State of
West Virginia The iespondent admits that it is engaged in
commerce within the meaning of the Act. At the time of the
hearing it employed approximately 1340 employees.
III United Steelworkers of America, Local 2328, affiliated
with the C I: 0 is a labor organization within the meaning of
Section 2 (5) of the National Labor Relations Act
IV The parties hereto agree to the Order set forth below and
waive all further hearings, procedure and rights to which they
may be entitled under the Act of (sic) Rules and Regulations
of the Board, including the making of findings of fact and con-
clusions of law by the Board
V. The respondent denies that it has violated any of the pro-
visions of the National Labor Relations Act, but, for the purpose
of settling and disposing of this matter in an amicable and expe-
ditious manner, it is stipulated and agreed an Order may be
entered by the Board as more specifically set forth below
VI Upon the formal papers in this matter the Inteimediate
Report of the Trial Examiner and upon this Stipulation the Board
may without further notice to the iespondent and with its consent,
which is hereby expressly granted, enter its Order in the following
form
ORDER
Upon the basis of the foregoing findings of fact and conclusions
of law, and pursuant to Section 10 (c) of the National Labor Rela-
tions Act, the National Labor- Relations Board hereby orders that
614 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the respondent Marietta Manufacturing Company, and its officers,
agents, successors and assigns
1. Shall not
(a) Discouiage membership in the United Steelworkers of
America, Local 2328 , or any other labor organization by discrimi-
nation in regard to hire or tenure of employment or conditions of
employment
(b) In any other, manner unlawfully interfere « ith, restrain,
or coerce its employees in the exercise of their rights to self organi-
zation, or to foim , join or assist , labor organizations , as guaranteed
in Section 7 of the National Labor Relations Act
2 Shall take the following affirmative action in order to effec-
tuate the policies of the Act
(a) Offer to C E Rotligeb , William Davis , Reuben Caskuis,
Grover Fowlei, Richard Fowlei , Henry Rolcomb, Gilbert Deweese,
Hoy Jones , Eli Riser, Dellas Moss, Gus Spencei , Haywaid Knotts,
Percy Stutler, John Stutler , Lewis Huiley immediate and full
reinstatement to their former or substantially equivalent positions,
without prejudice to the their seniority and other i ights and privi-
leges , dismissing , if necessary , all employees hired since their em-
ployment with respondent ceased to perform work for which they
were qualified;
(b) Make whole the employees named in the preceednig para-
graph together with Charles Stephenson and Lonnie Rayburn by
payment to them collectively the sum of thirteen thousand, five
hundred ($13,500 00 ) dollars The said sum shall be paid forth-
with to Philip G Phillips, Regional Director , who shall divide
it pi oportionally between the employees aforementioned actor ding
to the amount they normally would have earned as wages from
the date then employment with respondent ceased to the date of
this Older less their net earnings The decision of the Regional
Director as to the amount to be paid shall be final and binding
upon all parties or individuals named herein
(c) Immediately post in conspicuous places at its shipyard 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 refrain from in paragraph 1 (a) and (b)
of this Order;
2 That the respondent will take the affirmative action set
forth in paragraph 2 (a) and ( b) of this Order; and
3 That its employees are free to remain or become members
of the United Steelworkers of America or to remain or become
members of any other labor organization ; and that the respond-
MARIETTA MANUFACTURING COMPANY 615
ent will not discriminate against any employee or employees
because of such membership or activity in any labor
organization. -
(d) File with the Regional-Director for the Ninth Region from
ten days of this Order a report in writing setting forth in detail
in the manner and form in which the respondent has complied
with this Order
VII. It is further stipulated and agreed by and between the
parties hereto that after entering of the Order by the Board, as
provided in this Stipulation, the United States Circuit Court of
Appeals for the Fourth Circuit, may, upon application by the
Board and without notice to the respondent, enter its Decree
enforcing in full the said Order of the Board, and each of the
parties hereto hereby consents to the entry of such Decree and
hereby waives its right to contest the entry of any such Decree and
to receive notice of the filing of such application by the Board.
VIII All stipulations herein made are subject to the approval
of the National Labor Relations Board, and should the National
Labor Relations Board fail to approve the terms and conditions
contained herein, this Stipulation and Agreement shall become
null and void and of no effect, and the proceedings in this matter
shall be in the same status as if no Stipulation had been entered
into
IX All terms agreed upon are contained within this Stipula-
tion an a Agreement and there is no verbal or other agreement
of any kind which varies, alters, or adds to this Stipulation and
Agreement
On July 9, 1942, the Board issued its order approving the above
stipulation and making it part of the record in the case.
Upon the above stipulation and the entire record in the case, the
Board makes the following:
FINDINGS OF FACT
I THE BUSINESS OF THE RESPONDENT
Marietta Manufacturing Company, a West Virginia corporation, is
engaged in the manufactuie of boats for the United States Army at
its shipyard at Point Pleasant, West Virginia. In the year 1941 it
manufactured boats for the United States Navy. During 1941 raw
materials purchased by the iespondent, consisting principally of metal
bars and shapes, exceeded $200,000 in value, 90 percent of which was
purchased and shipped to it from points outside the State of West
Virginia During the same period, its gross sales exceeded $1,000,000
in value and all of its finished products were sold and shipped to points
616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
outside the State of West Virginia The respondent admits that it
is engaged in commerce within the meaning of the Act At the time
of the hearing, it employed approximately 1,340 employees.
We find that the above -described open ations constitute a continuous
flow of tiade , traffic, and commerce among the several States
ORDER
Upon the basis of the above findings of fact, stipulation , and the
entire iecord in the case and puisuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that Marietta Manufactui ing Company , Point Pleasant, West
Virginia , its officers , agents, successors, and assigns •
1 Shall not
(a) Discourage membership in the United Steelworkeis of Amei ica,
Local 2328, or any other labor organization by discrimination in i egard
to hire or tenure of employment or conditions of employment;
(b) In any other manner unlawfully interfere with, restiain, or
coeice its employees in the exeicise of their rights to self-organization,
or to form , join, or assist labor organizations , as guaianteed in Section
7 of the National Labor Relations Act
2 Shall take the following afl'ii mative action in order to effectuate
the policies of the Act :
( a) Offer to C E Rothgeb ,2 William Davis, Reuben Caskins,3
Grover Fowler, Richard Fow]ei , Henry Rolcomb," Gilbert Deweese,
by Jones , Eli Riser, Dellas Moss,5 Gus Spencer , Hayward Knotts,
Perry Stutler, John Stutler , and Lewis Huiley immediate and full
reinstatement to their foimer or substantially equivalent positions,
without prejudice to their senioiity and other eights and piivileges,
dismissing, if necessary , all employees hired since their employment
with the respondent ceased to peifoim woik for which they were
qualified,
(b) Make whole the employees named in the preceding paragraph,
together with Charles Stephenson and Lonnie Rayburn, by payment
to them collectively the sum of $13,500 The said sum shall be paid
forthwith to Philip G Phillips, Regional Diiectoi , who shall divide
it proportionately between the employees afoie-mentioned according
to the amount they normally would have eained as wages from the
date their employment with respondent ceased to the date of this
Order, less their net eaimngs The decision of the Regional Director
as to the amount to be paid shall be final and binding upon all parties
or individuals named herein,
a Also referred to as R E Rotligeb
a Also referred to as Reuben Gaskets
4 Also referred to as H E Holcomb
5 Also referred to as Dallas Moss
MARIETTA MANUFACTURING COMPANY 617
(c) Immediately post in conspicuous places at its shipyard and
maintain for a period of at least sixty (60) consecutive days from
the date of posting, notices to its employees stating • (1) that respond-
ent will not engage in the conduct from which it is ordered to refrain
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; and (3) that its employees are free to-remain or become
members of the United Steelworkers of America or to remain or
become members of any other labor organization; and that the re-
spondent will not discriminate against any employee or employees
because of such membership or activity in any labor organization;
(d) File with the Regional Director for the Ninth Region within
ten (10) days of this Order a report in writing setting forth in detail
the manner and form in which the respondent has complied with
this Order.