Mosaic Tile Co.

National Labor Relations Board - Board Decisions

Feb 27, 1942

39 N.L.R.B. 272 (N.L.R.B. 1942)

'Iii,the Matter Of MOSAlc TILE COMPANY and UNTIED BRICK AND CLAY
WORKERS UNION OF AMERICA, LOCAL 560, AFFILIATED WITH THE
A. F. of L.
Case No. C-,8012.Decided February 1942
Jurisdiction : tile manufacturing industry.
Settlement : stipulation providing for compliance with the Act
Remedial Orders : entered on stipulation.
Messrs. Drexel A. Sprecher and Harold Weston, for the Board.
Frazier c6 Giffen, by Mr. F. F. Frazier and Mr. J. W. Giffen, of
Zanesville, Ohio, and Squire, Sanders, and Dempsey, by Mr. L. L.
Towell, of Cleveland, Ohio, for the respondent.
Mr. Charles S. Stinson, of Ashland, Ky., and Mr. H. R. Turney,
of South Canton, Ohio, for the Union. -
Mr. J. Benson Saks, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by United Brick and Clay Workers Union
of America, affiliated with the American Federation of Labor, herein
called the Union, the National Labor Relations Board, herein called
the Board, by the Regional Director for the Ninth Region (Cincin-
nati, Ohio), issued its complaint, dated May 3, 1941, against Mosaic
Tile Company, herein called the respondent, 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. Copies of the complaint, accompanied by
notice of hearing, were duly served upon the respondent and the
Union.
The complaint alleged in 'substance that the respondent at its
Zanesville, Ohio, plant (1) interfered with, restrained, and coerced
its employees in the exercise of the rights guaranteed in Section 7
of the Act by inter alia (a) making disparaging and derogatory,
39 N.• L R. 13 , No. 50.
272 -
MOSAIC TILE COMPANY 273
remarks to its employees about labor , organizations ' and about the
Union in particular , (b), stating that concerted activity by its em-
ployees and membership in the Union by its employees would result'
in loss of employment and other discriminatory treatment , (c) stating
to its employees that they would be preferred with respect to security
of employment and other conditions of employment if they did not
loin or assist the Union and if they did not engage in other con
certed activities related to self-organization , (d) stating to its em-
ployees and others that the respondent would cease or curtail the
operations of the Zanesville plant if the Union succeeded in organ-
izing the employees of the Zanesville plant, or if the Union won an
election conducted by the Board , in February , 1938 among the em-
ployees of the Zanesville plant, ( e) encouraging its employees to
engage in antiunion activity and to vote against the Union in the
election conducted by the Board in February 1938, and ( f) engaging
in surveillance of union meetings and other union activities ; ( 2) laid
off numerous employees on or about the dates specified and thereafter
failed and refused to reinstate them because they joined, and assisted
the Union and engaged in concerted activities for the purposes of col-
lective bargaining and other mutual aid and protection ; ( 3) laid off
numerous named employees on or about the dates appearing after
their respective names ,and thereafter failed and refused to reinstate
them until on or about the dates appearing after their respective
names because they joined and assisted the Union and engaged in
concerted activities for the purposes of collective bargaining and
other mutual aid and protection ; (4) discharged Harvey ]Eli] 1 on or
about February , 28, 1938, and thereafter failed and refused to rein-
state him for the purpose of discouraging membership , in the Union.
The respondent filed its answer to the complaint on May 13, 1941,
admitting that it was engaged in commerce at its Zanesville, Ohio,
plant within the meaning of Section , 2 (6) of the Act, but denying
that it had engaged in or was engaging in any of the unfair labor
practices alleged.
Thereafter , a hearing was held before a duly designated Trial
Examiner of the Board, and on November 17, 1941, the Trial Ex-
aaniner issued his Intermediate Report. On November 22, 1941, the
Board issued an order transferring , the case 'to the Board. On
December 31, 1941', the respondent and counsel for the Board entered
into a stipulation . The stipulation provides as follows:
STIPULATION
A Trial Examiner of tlie,National Labor Relations Board,
hereinafter called the Board having duly issued on November 17,
1941, his `Intermediate Report in the above entitled matter, and
274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
it being the desire of the. parties hereto to dispose of the matters
involved by mutual agreement and the parties hereto having this
day entered into a Settlement Agreement disposing of the
matters arising under the Intermediate Report of said Trial
Examiner,
It is hereby stipulated and agreed by and between the Mosaic
Tile Company, hereinafter called the respondent, and Philip G.
Phillips, Regional Director for the Ninth Region of the Board,
and Harold Weston and Drexel A. Sprecher, attorneys for the
Board, that :
T. The respondent is an Ohio Corporation engaged in the
manufacture and sale of floor and wall tile. The respondent
owns and operates plants at Zanesville, Ohio, and Matawan,
New Jersey, and maintains sales offices and warehouses in New
York City, Washington, D. C., Chicago, Illinois, St. Louis,
Missouri, and San Francisco and Los Angeles, California. This
proceeding involves only the respondent's operations at Zanes-
ville, Ohio, where it manufactures and sells floor and wall tile.
The respondent manufactures approximately 15 per cent of
the national production in its field. For the 6-month period
ending June 30, 1940, the respondent sold manufactured prod-
ucts valued at approximately $876,000. Approximately 75
per cent of the products manufactured by the respondent at its
Zanesville plant is transported from the Zanesville plant to
points outside the State of Ohio. The respondent admits that
it is engaged in interstate commerce within the meaning of
the Act.
II. The United Brick and Clay Workers of America, Local
560, affiliated with the American Federation of Labor, is a
labor organization within the meaning of Section 2, Sub-
division 5, of the National Labor Relations Act.
III. 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 or Rules and Regulations of
the Board, including the making of findings of fact and con-
clusions of law by the Board.
IV. The respondent denies that it has violated any of the pro-
visions of the National Labor Relations Act, but, for the pur-
pose of settling and disposing of this matter in an, amicable and
expeditious manner, it is stipulated and agreed an Order may
be entered by the Board as more specifically set forth below.
V. Upon the Record in the above entitled matter, including
the pleadings, formal papers, transcript of testimony, exhibits.
Intermediate. Report of the Trial Examiner, and upon this
Stipulation, the Board may without further notice to the re-
MOSAIC TILE COMPANY 275
spondent 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 conclu-
sions of law, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that the respondent Mosaic Tile Company, and its officers,
agents, successors and assigns :
1. Shall not :
(a) Discourage membership in the United Brick and Clay
Workers of America, Local 560, or any other labor organization
by discrimination in regard to hire or tenure of employment' or.
conditions of employment;
(b) In any other manner unlawfully interfere with, restrain, or
coerce its employees in the exercise of their rights as guaranteed
in Section 7 of the National Labor Relations Act.
2. Shall take the, following affirmative action in order to
effectuate the policies of the Act: ;
(a) Offer to the employees listed in Appendix A immediate
and full reinstatement to their former or substantially equiva-
lent positions without prejudice to their seniority or other
rights and privileges and, if such offer is accepted within ten
days after receipt thereof, reinstate said employees in accord-
ance with the aforementioned offer.
(b) Offer to Harvey Hill immediate and full reinstatement to
the position or substantially equivalent position that he occupied
immediately prior to his promotion to foreman, without prej-
udice to his seniority or other rights and privileges;
(c) Make whole the employees listed in Appendices A and B
by payment to them collectively of the lump sum of $22,000, the
same to be divided and paid out by the respondent in such
amounts as may be determined and directed by the Regional
Director, whose decision shall be binding and final, and which
said sum shall be the total amount which respondent shall be
required to pay by reason of the complaint as amended and all
matters involved in same.
(d) Immediately post and maintain for a period of at least
sixty (60) consecutive days from the date of posting, notices
in conspicuous places throughout its Zanesville plant, stating
that the respondent will not engage in the conduct prohibited
in paragraph 1 (a) and (b) of this Order;
276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
' (e) ' Notify the • Regional Director for the Ninth Region of
the Board in writing; within ten (10) days of this Order, what
steps the respondent has taken to comply herewith.
It is further ordered that the complaint as amended be and
it hereby is now dismissed insofar as it alleges that the respond-
ent discriminated against Opal Caw by refusing reinstatement,
discriminated against Harry Sebach by refusing him reinstate-
ment, discriminated against Leo DeLong, Elmer Dunmead, Mor-
ris Martindale and Ambrose Wisecarver by discharging them,
and insofar as it alleges that the respondent committed any
other unfair labor practice not mentioned in this order.
VI. 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 Sixth 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.
VII. 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 en-
tered into.
VIII. All terms agreed upon are contained within this Stipu-
lation and Agreement and there is no verbal 'or other agreement
of any kind which varies, alters, or adds. to this Stipulation and
Agreement.
Lewis Caw
Leo DeLong
Elmer Dunmead
Frank Kehl
Harold Reed' Mitchell
Ambrose Wisecarver
Edith Fattier
Ella Jadwin
Josephine Stroud
Alfred Arnold
APPENDIX A
Dorothy Thomas (Adams)
Gene Cosgrave
Clinton Cohen
Otto Dick
Emmitt Diltz .
Paul Martin Drumm
Herbert Lasure
Ira Smythe
Robert Bennett
John Getts
I
MOSAIC TILE COMPANY 277
APPENDIX B
Elmer Dunmead
Harvey Hill
Morris Martindale
Thomas L. Roberts
Hannah Harchnan
Idella Hill
Louise Swingle
Guy Hensler
Edison E. Riemenschneider
Elizabeth Wisecarver
Paul Darst
Grayson Bell
Glenn Howell
Ruth Gheen
Paul Near
Willis McClurg
William Holzschuher
Theodore Clark
Charles E. Shubert
Jambes Henry Hooper
Charles B. Johnson
Bertha Moore
Rudolph Bradley
Roy Atkinson
Harold Cohagen
Clair Johnson
Louis Weidig
Ronald Barnes
Ernest Wells
Eva Orange
Dawson Ross
On February 5, 1942, the Board issued its' order approving the
stipulation and making it a part of the record herein.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAw
Mosaic Tile Company is an'Ohio corporation engaged in the manu-
facture and sale of floor and .wall tile. The respondent owns and
operates plants in several States and maintains sales offices and.'Ware-
houses in various cities . This proceeding involves only the respond-
ent's operations at Zanesville , Ohio, where it manufactures and, sells
floor and wall tile. The respondent manufactures approximately
15 percent of the national production in it 's field. For a 6-month
period ending June 30 , 1940, the respondent sold manufactured prod-
ucts valued at approximately $876,000. Approximately 75 percent
of the products 'manufactured by the respondent at its Zanesville
plant are transported . from the ' Zanesville plant to points outside the
State of Ohio. The respondent admits, and we find, that it is engaged
in commerce within the meaning of the Act.
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
278,, -DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the respondent Mosaic Tile Company, and its officers, agents, suc-
cessors and assigns :
1. Shall not :
(a) Discourage membership in the United Brick and Clay Workers
of America, Local 560, or any other labor organization by discrimina-
tion in regard to hire or tenure of employment or conditions of
employment;'
(b) in any other manner unlawfully interfere with, restrain, or
coerce its employees in the exercise of their rights as guaranteed in
Section 7 of the National .Labor Relations Act.
2. Shall take the following affirmative action in order to effectuate
the policies of the Act :
(a) Offer to the employees listed in Appendix A immediate and
full reinstatement to their former or substantially equivalent posi-
tions without prejudice to their seniority. or other rights and priv-
ileges and, if such offer is accepted within 10 days after receipt
thereof, reinstate said employees in accordance with the aforemen-
tioned offer;
(b) Offer to Harvey Hill immediate and full reinstatement to the
position or substantially equivalent position that he occupied im-
mediately prior to his promotion to foreman, without prejudice to
his seniority or other rights and privileges;
(c) Make whole the employees listed in Appendices A and B by
payment to them collectively of the lump sum of $22,000, the same
to be divided and paid out by the respondent in such amounts as
may be determined and directed by the Regional Director, whose
decision shall be binding and final, and which said ,sum shall be the
total amount which respondent shall be required to pay by reason
of the complaint as amended and all matters involved in same;
(d) Immediately, post and maintain for a period of at least sixty
(60) consecutive days from the date of posting, notices in con-
spicuous places throughout its Zanesville plant, stating that the
.respondent will not engage in the conduct prohibited in paragraphs
1 (a) and (b) of this Order;
(e) Notify the Regional Director for the Ninth Region of the
Board in writing, within ten (10) days of this Order, what steps
the respondent has taken to comply herewith.
IT IS FURTHER ORDERED that the complaint as amended be and it
hereby is now dismissed insofar as it alleges that the respondent
discriminated against Opal Caw by refusing reinstatement, discrim-
inated against Harry Sebach by refusing him reinstatement, dis-
criminated against Leo DeLong, Elmer Dunmead, Morris Martin-
dale and Ambrose Wisecarver by discharging them, and insofar as
it alleges that the respondent committed any other unfair labor
practice not mentioned in this Order.
MOSAIC TILE COMPANY 279
APPENDIX A
Lewis Caw
Leo DeLong
Elmer Dunmead
Frank Kehl
Harold Reed Mitchell
Ambrose Wisecarver
Edith Fattier
Ella Jadwin
Josephine Stroud
Alfred Arnold
Dorothy Thomas (Adams)
Gene Cosgrave
Clinton Cohen
Otto Dick
Emmitt Diltz
Paul Martin Drumm
Herbert Lasure
Ira Smythe
Robert Bennett
John Getts
APPENDIX B
Elmer Dunmead
Harvey Hill
Morris Martindale
Thomas L. Roberts
Hannah Hardman
Idella Hill
Louise Swingle
Guy Hensler
Edison E. Riemenschneider
Elizabeth Wisecarver
Paul Darst
Grayson Bell
Glenn ,Howell
Ruth Gheen
Paul Near
Willis McClurg
William Holzschuher
'Theodore Clark
Charles E. Shubert
James Henry Hooper
Charles B. Johnson
Bertha Moore
Rudolph Bradley
Roy Atkinson
Harold Cohagen
Clair Johnson
Louis Weidig
Ronald Barnes
Ernest Wells
Eva Orange
Dawson Ross
r'