Monumental Iron & Metal Co.

National Labor Relations Board - Board Decisions

Jul 22, 1942

42 N.L.R.B. 729 (N.L.R.B. 1942)

In the Matter Of MONUMENTAL IRON & METAL COMPANY and CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No C-2145 -Decided July 20, 1940
Jurisdiction : scrap metal industry
Settlement : stipulation providing that the findings of fact made by the Trial
Examinei in his Inteimediate Report be adopted by the Board as its findings
of fact and providing for compliance with the Act
Remedial Orders : entered on stipulation
Mr Jacob Blum and Mr. Earle K. Shiwe, for the Board.
Mr John Bannon, Jr , of Baltimore , Md , for the respondent
Mr Frank J Bender, of Baltimoie, Md, for the Union
Mr. Robert R. Hendricks, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by the Congress of
Industrial Organizations, herein called the Union, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the Fifth Region, (Baltimore, Maryland), issued its complaint
dated February 18, 1942, against Monumental Iron & Metal Company,
Baltimore, Maryland, herein called the respondent, alleging that the
-respondent had engaged in and was engaging in unfair labor prac-
tices affecting commerce, within the meaning of Section 8 (1), (3),
and (5) 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 notice of hearing thereon were duly served upon the respondent
and the Union.
With respect to the unfair labor practices, the complaint alleged
in substance (1) that the respondent discharged Roger William Black-
well on or about June 21, 1941, and John Elder on or about August
23, 1941, and thereafter refused to reinstate them, because they had
assisted the Union and had engaged in concerted activities with other
employees for the purposes of collective bargaining and other mutual
aid and protection; (2) that, from on or about January 11, 1941, to
the date of the issuance of the complaint, the respondent urged and
42N L R B,No 14&
729
730 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
warned its employees to refrain from becoming or remaining members
of the Union, threatened its employees with reprisals if they became
,or remained members of the Union, urged those employees who were
dissatisfied to leave the plant or go on strike, stated that it did not
want anyone working for it who belonged to the Union, promised
salary increases if the employees would vote against the Union in an
election then scheduled to be conducted by the Board, and permitted
non-union employees the use of its premises for meetings at which the
Union and union membership were attacked; (3) that the respondent,
on or about January 13, 1941, and at all times thereafter, refused to
bargain collectively with the Union although it was the duly desig-
nated representative of all its employees in a unit appropriate for
collective bargaining; and (4) that the respondent, by the foregoing
acts, interfered with, restrained, and coerced its employees in the
exercise of the rights guaranteed in Section 7 of the Act.
In its answer, dated February 27, 1942, the respondent alleged that
Blackwell had been discharged because he was quarrelsome and pug-
na,ious; that Elder had been laid off because of lack of work; and
that the respondent had "refused to bargain with the C. I O. be-
cause they have never represented a majority of our men " C.
Pursuant to notice, a hearing was held on March 2, 3," and 4, 1942,
at Baltimore, Maryland, before Mortimer Riemer, the Trial Examiner,
duly designated by the Chief Trial Examiner The Board was rep-
resented by counsel, the respondent and the Union by officers, and
all participated in the hearing Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing upon the issues was afforded all parties
Thereafter, the Trial Examiner issued his Inteimediate Report,
copies of which were duly served on all the parties He found that
the respondent had engaged in unfair labor practices affecting com,
merce, within the meaning of Section 8 (1), (3), and (5) and Section
2 (6) and (7) of the Act, and recommended that the respondent
cease and desist therefrom and take certain affirmative action de-
signed to effectuate the policies of the Act On March 26, 1942, the
Board issued an order transferring the proceeding to the Board. On
July 1, 1942, the respondent, the Union, and counsel for the Board
entered into a' stipulation, subject to the Board's approval, in settle-
ment of the case The stipulation provides as follows
STIPULATION
The duly designated Trial Examiner for the National Labor
Relations Board (hereinafter called the Board) on March 26,
1942, having-issued his-Intermediate Report in the above-entitled
matter, and it being the desire of the parties to conclude all
proceedings before the Board in this case,
MONUMENTAL IRON & METAL COMPANY 731
IT IS HEREBY STIPULATED AND AGREED by and between the Monu-
mental Iron & Metal Company, the Congress of Industrial Or-
ganizations , Earle K Shawe; Regional Attorney, and Jacob
Blum, Attorney for the National Labor Relations Board, as
follows
1 That the findings of fact made by the Trial Examiner in
his Inteiniediate Report may be adopted by the Board as its
findings of fact
2 That the record shall consist of the pleadings, the tianscript
of testimony and exhibits, the Inteimediate Report, and this
Stipulation.
3 That, without further and other procedure before the Board
to which the parties may be entitled under the National Labor
Relations Act, or the Rules and Regulations of the Board, the
Boaid may, upon the basis of the entire record in this case and
this Stipulation, make findings of fact and enter the following
Order
That the Respondent, Monumental Iron & Metal Company, its
agents, successors , and assigns
1 Shall cease and desist from
(a) Discouraging membership in the Congress of Industrial
'Organizations , or any other labor organization of its employees,
by discharging or in any other manner discriminating in regard
to their hire or tenure of employment or any term or condition
of employment;
(b) Refusing to bargain collectively with the Congress of
Industrial Organizations, as the exclusive representative of all
of its employees, exclusive of clerical employees , supervisors and
salesmen in respect to rates of pay, wages, hours of employment,
and other conditions of employment
(c) In any other manner 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 purposes of collective
bargaining 'and other' mutual aid or protection , as guaranteed
in Section 7 of the Act.
2 Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Offer to Roger William Blackwell and John ' Elder imme-
diate and full reinstatement to -their former or substantially
equivalent positions without prejudice to their seniority and
other rights and privileges,
732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Make whole Roger William Blackwell for any loss of pay
he may have suffered by reason of the respondent's discrimina-
tion, by payment to him of a sum equal to that which he would
normally have eained as wages from the date of the respondent's
discrimination to the date of the respondent's offer of ieinstate-
inent, less his net earnings during that period and make whole
John Elder foi any loss of pay he may have suffered by reason
of the iespondent's discrimination, by payment to him of a sum
equal to that which he would normally have earned as -wages
from August 23, 1941, the date of his discharge,'to September 4,
1941, and from Septembei 12, 1941, to the date of the respond-
ent's offer of reinstatement, less his net earnings during that
pei iod,
(c) Upon request, baigain collectively with the Congiess of
Industrial Organizations, as the exclusive representative of all
the employees of the respondent, exclusive of clerical employees,
supeivisors and salesmen, in respect to iates=of pay, wages, horns
of employment and other conditions of employment,
(cl) Post immediately in conspicuous places in its plant, 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 fiom which
it is i ecommended I that it cease and desist in pai agi apps 1 (a),
(b). and (c) of these recommendations, 3 (2), that the respond-
ent will take the affirmative action set forth in paragraphs 2 (a),
(b), and (c) of these recommendations, (3) that the iespond-
ent's employees are free to become of remain members of the
Congiess of Industrial Organizations, and that the respondent
will not discrinunate against any employee because of membei-
ship in or activity on behalf of that organization,
(e) Notify the Regional Director foi the Fifth Region in wilt-
ing within twenty (20) days from the date of the receipt of this
Inteimediate Repoit 3 what steps the iespondent has taken to
comply heiewith
4 That the execution of this Stipulation and entry of said order
shall conclude all proceedings before the Boaicl-in the above-
entitled case
5 That the entire agreement is contained within the tei ms of
this Stipulation and that there is no verbal agreement of any kind
which varies, alters or adds to this Stipulation
'This Hord appears to have been used , inadvertenti3 , in place of the ww old "ordered "
The words "these recommendations" appear to ha'e been used , inadvertently , instead
of the words "this Order "
3 An apparent typographical error It is clear that "Order ," instead of " Intermediate
Report" was intended
MONUMENTAL IRON & METAL COMPANY 733'
6 That this Stipulation is subject to the approval of the Board
and shall become effective immediately upon the granting of such
approval
On July 11, 1942, the Boai d issued an oI der appi oving the above
stipulation and making it a part of the record in the proceeding
On the basis of the above stipulation and the entire recoid in the
case, the Board makes the following
FINDINGS OF FACT
I
I THE BUSINESS OF THE RESPONDENT
The iespondent, Monumental Ii on & Metal Company, is a Maryland
corpoiation engaged in buying, prepainig, and selling scrap iron and
othei metals Its piincipal office and place of business is located in
Baltimore, Maryland Duting the year 1940, the iespondent handled
scrap iron and other metals valued at approximately $386,000, all of
which were obtained from within the State of Maryland During that
same year, metals valued at approximately $155,374 were shipped by
the iespondent to points without the State of Maryland Duting the
year 1941, the respondent handled materials valued at between $300,000
and $350,000 Appi oximately 50 per cent of the metal sold during that
year was transported to points without the State of Maryland The
respondent's machinery and equipment, which represent half of its
total investment, were obtained from "different locations throughout
the country "
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States
II THE ORGANIZATION INVOLVED
Congress of Industrial Organizations is a labor organization admit-
ting to membership employees of the respondent
ORDER
Upon the basis of the above findings of fact, the stipulation, and the,
entire i ecord in the case, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby,
order s that Monumental Jr on & Metal Company, Baltimore, Maryland,
its agents, successors, and assigns, shall :
1 Cease and desist from.
(a) Discouraging membership in the Congress of Industrial Organ-
izations, or in any other labor organization of its employees, by dis-
charging its employees or in any other manner discriminating in regard
734 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
to their hire or tenure of employment on any term or condition of
employment;
(b) Refusing to bargain collectively with the Congress of Industrial
Organizations, as the exclusive representative of all of its employees,
exclusive of clerical employees, supervisors, and salesmen, in respect
to rates of pay, wages, hours of employment, and other conditions of
employment;
(c) In any other manner interfering with, restraining, or coercing
its employees in the exeicise of the right to self-organization, to form,
loin, or assist labor organizations, to bargain collectively through rep-
resentatives of their own choosing, and to engage in concerted activi-
ties for the purposes of collective bargaining and other mutual aid or
protection, as guaranteed in Section 7 of the National Laboi Rela-
tions Act
2 Take the following affiimative action which the Board finds hill
effectuate the policies of the Act
-(a) Offer to Roger William Blackwell and John Elder immediate
and full reinstatement to their former or substantially equivalent posi-
tions without prejudice to their seniority and other rights and privi-
leges,
(b) Make whole Roger William Blackwell for any loss of pay he may
have suffered by reason of the respondent's discrimination, by pay-
ment to him of a sum equal to that which he would normally have
earned as wages from the date of the respondent's discrimination to
the date of the respondent's offer of reinstatement, less his net earn-
ings during that period; and make whole John Elder for any loss of
pay he may have suffered by reason of the respondent's discrimination,
by payment to him of a sum equal to that which he would normally
have earned as wages from August 23, 1941, the date of his discharge,
to September 4, 1941, and from September 12, 1941, to the date of the
respondent's offer of reinstatement, less his net earnings during said
periods;
.(c) Upon request, bargain collectively with the Congress of Indus-,
trial Organizations, as the exclusive representative of all the em-
ployees of the respondent, exclusive of clerical employees, supervisors,
and salesmen, in respect to rates of pay, wages, hours of employment,
and other conditions of employment;
(d) Post immediately in conspicuous places in its plant, and main-
tain 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 cease and
desist in paragraphs 1 (a), (b), and (c) of this Order; (2) that the
respondent will take the affirmative action set forth in paragraphs
MONUMENTAL IRON,& METAL COMPANY 735
2 (a), (b), and (c) of this Order; and (3) that the respondent's em-
ployees are free to become or remain members of the Congress of
Industrial Organizations, and that the respondent will not discrimi-
nate against any employee because of his membership in or activity
on behalf of that organization; '
(e) Notify the Regional Director for the Fifth Region in writing
within twenty (20) days from the date of this Order what steps the
respondent has taken to comply herewith -