Metropolitan Wire Goods Corp.

National Labor Relations Board - Board Decisions

Dec 5, 1940

28 N.L.R.B. 339 (N.L.R.B. 1940)

In the Matter of METROPOLITAN WIRE GOODS CORPORATION and LOCAL
1225 OF THE UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF
AMERICA, CIO
Case No. C-1736.-Decided December 5,1940
Jurisdiction : wire products manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders :- entered on stipulation.
Mr. Richard J. Hickey, for the Board.
Mr. Maurice R.' Whitebook, of New York City, for-the Company.
Mr. Frank Scheirer, of New York City, for the Union.
Mr. Raymond J. Compton, of counsel'to the Board.
DECISION
AND
ORDER
STATEMENT OF TIIE CASE
Upon charges and amended charges duly filed by Local 1225 of
the United Electrical, Radio & Machine Workers of America, CIO,
herein called the Union, the National Labor 'Relations Board; herein
called the Board, by the Regional Director for the seconded egion
(New York City)-, issued its complaint, "dated - October^T15; 1940,
against Metropolitan Wire Goods Corporation, Brooklyn; Ne`v^ York,
herein called the respondent, alleging that the respondent had en-
gaged in and was engaging in unfair labor practices affecting-com-
merce 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. Copies of the complaint and notice of hearing 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) on or about January 4, 1940,
discharged and thereafter refused to reinstate Martin Weiss for the
reason that he joined and assisted the Union for the purpose of col-
lective bargaining and other mutal aid and protection; and (2) by
the afore-mentioned acts, by urging, persuading, and warning its
employees to refrain frgin either becoming or remaining members of
28 N L R. B, No. 57.
339
413597-42-vol 2S--23
340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Union, by threatening them with discharge or other reprisals if
they aided the Union or members thereof, by maintaining surveil-
lance over meetings of the Union, and, by other acts, interfered with,
restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act: On October 28, 1940, the re-
spondent filed an answer to the complaint, admitting the allegations
of the complaint as to the nature of its business, but denying that it
had committed the unfair labor practices alleged therein. On No-
vember 12, 1940, before any hearing was held, the respondent, the
Union, and counsel for the Board entered into a settlement stipu-
lation providing as follows :
STIPULATION
It is hereby stipulated and agreed by and between Metropoli-
tan Wire Goods Corporation, Local 1225 of the United Electrical,
'Radio' & Machine Workers of America, CIO, and Richard J.
Hickey, attorney, National Labor Relations Board, as follows :
1. Respondent Metropolitan Wire Goods Corporation is and
has been since 1929 a corporation duly organized under and
existing by virtue of the laws of the State of New York, having
its principal office and place of business at 70 Washington
Street, Brooklyn, in the County of Kings, City and State of
New York.
2. Respondent is engaged in the manufacture, sale and distri-
bution of wire baskets, general wire and steel ware and, related
products.
3. Respondent consents to the jurisdiction of the National
Labor Relations Board and concedes that it is engaged in inter-
state commerce within the meaning of the National Labor Rela-
tions Act, and for that purpose it supplies to the Board the fol-
lowing information upon which the Board can make findings
of fact : -
(a) The principal raw materials purchased by the respond-
ent are wire, steel, wood and rubber. During the six months
period prior to February 15, 1940, the respondent purchased
approximately 200 tons of such raw materials, 75 percent of
which was shipped from places outside the State of New York
to its plant located in New York, N. Y. During the same pe-
riod, the respondent shipped approximately 195 tons of fin-
ished products, 60 percent of which was shipped to places out-
side the State of New York. The respondent has registered
in the United States Patent Office the trademarks "Metro" and
"sari-Stack."
- METROPOLITAN WIRE GOODS CORPORATION 341
4. Local 1225 of the United Electrical , Radio & Machine
Workers of America, affiliated with the Congress of Industrial
Organizations , is a labor organization within the meaning of
the National Labor Relations Act. The respondent waives its
right to hearing and making of findings of fact and conclusions
of the Board.
5. Upon the basis of the facts stipulated in paragraphs num-
bered 1 to 4 above, the pleadings heretofore filed, this stipula-
tion, and by agreement of the parties hereto, the National Labor
Relations Board may enter its Order in the following form in
the above entitled case:
ORDER
On the basis of this stipulation and pursuant to Section 10
(c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that respondent, its officers,
agents, successors and assigns, shall:
1. Cease and desist from :
(a) In any manner discouraging membership in Local 1225
of the United Electrical, Radio & Machine Workers of Amer-
ica, CIO, or any other labor organization of its employees, or
discriminating in regard to hire and tenure of employment,
or any term or condition of employment;
(b) In any other manner interfering with, restraining or
coercing 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 or other mutual aid or protection, as
guaranteed in Section 7 (b) of the Act.
.2. Take the following affirmative action in order to effec-
tuate the policies of the Act:
(a) Pay to Martin Weiss the sum of one hundred and
seventy-five ($175) Dollars for any loss of pay which he may
have suffered by reason of his discharge;
(b) Immediately post notices in conspicuous places through-
out its plant and maintain such notices for a period of sixty
(60) consecutive days, stating that the respondent will not
engage in the practices ordered to cease and desist;
(c) Notify the Regional Director for the Second Region in
writing within twenty (20) days, what steps respondent has
taken to comply with the terms of this Order.
6. The respondent hereby consents to the entry by the United
States Circuit Court of Appeals, for the appropriate Circuit,
342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
upon application by the Board, of a consent Decree enforcing
the Order of the Board in substantially the same form as here-
inabove set forth, and hereby waives further notice of the
application for such Decree.
7. It is understood and agreed that the entire agreement is
contained within the terms of this stipulation and said consent
Order and that there is no verbal agreement of any kind which
varies, alters or adds to this stipulation.
8. It is further 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.
On November 26, 1940, the Board issued its Order approving the
above stipulation, making it part of the record, and transferring 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 basis of the- above stipulation and the entire record in
the case, the Board makes the following : '
FINDINGS OF FACT
r
I. THE BUSINESS OF THE RESPONDENT
The respondent is a New York corporation engaged in the manu-
facture, sale, and distribution of wire baskets, general wire and steel
ware, and related products. It maintains its principal office and
place of business in Brooklyn, New York. The principal raw
materials used by the respondent are wire, steel, wood, and rubber.
During the 6-month period prior to February 15, 1940, the respondent
purchased approximately 200 tons of such raw materials, 75 per cent
of which were shipped from points outside the State of New York.
During the same period, the respondent shipped approximately 195
tons of finished products, 60 per cent of which were shipped to
points outside the,State of New York.
The respondent stipulated, and we find, that the above described
operations constitute a continuous flow of trade, traffic, and commerce
among the several States, within the meaning 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, Metropolitan Wire Goods
Corporation, Brooklyn, New York, its officers, agents, successors and
assigns, shall:
METROPOLITAN WIRE GOODS CORPORATION 343
i 1. Cease and desist from : - I
(a) In any manner discouraging membership in Local 1225 of the
United Electrical, Radio & Machine Workers of America, CIO, or
any other labor organization of its employees, or discriminating in
regard to hire and tenure of employment, or any term or condition
of employment;
(b) In any other manner interfering with, restraining or coercing
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 or other mutual
aid or protection, as guaranteed in Section 7 of the Act.
2. Take the following affirmative action in order to effectuate the
policies of the Act :
(a) Pay to Martin Weiss the sum of one hundred and seventy-five
($175) Dollars for any loss of pay which he may have suffered by
reason of his discharge;
(b) Immediately post notices in conspicuous places throughout_
its plant and maintain such notices for a period of sixty (60) con-
secutive days, stating that the respondent will not engage in the
practices ordered to cease and desist;
(c) Notify the Regional Director for the Second Region in writing
within twenty (20) days, what steps respondent has taken to comply
with the terms of this Order.