Mt. Clemens Tool and Gear Works, Inc.

National Labor Relations Board - Board Decisions

Jun 6, 1942

41 N.L.R.B. 770 (N.L.R.B. 1942)

In the Matter of MT. CLEMENS TOOL AND GEAR WORKS, INC. and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRI=
CULTURAL IMPLEMENT WORKERS, CIO - -
'Case No. C-204.-Decided Jun e 6, 1942
Jurisdiction : automobile motor parts manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Jerome H. Brooks, for the Board.
Mr. Chester A. Cahn, of Detroit, Mich., for the respondent.
Maurice Sugar and Jack N. Tucker, by Harry H. Anbender, of
Detroit, Mich., for the Union.
Mr. Frederic B. Parkes, 92nd, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Union, United Automobile, Aircraft and Agricultural Implement
Workers, CIO, herein called the Union, the National Labor Rela-
tions Board, herein called the Board, by the Regional Director for
the Seventh Region (Detroit, Michigan), issued its complaint, dated
February 28, 1942, against Mt. Clemens Tool and Gear Works, Inc.,
Mt. Clemens, Michigan, 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. Copies of the complaint and the notice of hearing were duly
served upon the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged in
Fubstance that the respondent (1) by its officers, agents, and em-
ployees expressed hostility to the Union, questioned its employees in
regard to their favoring or opposing the organization of respondent's
employees by the Union, under the guise of increases in wages, paid
monies to its employees for the purpose of causing its employees to
refrain from union activities, and threatened to close its plant if
labor difficulties arose because of the Union's activity, (2) on or about
41 N. L. It. B., No. 145.
770
MT. CLEMENS TOOL AND GEAR WORKS,- INC. 7711
August 11, 1941, discriminatorily discharged, and`refused to reinstate
Calvin Bingle because he had joined- and assisted the Union, and (3),
by the foregoing acts interfered with, restrained, and coerced its
employees in the exercise of the rights guaranteed in Section 7 of
the Act.
Pursuant to notice, a hearing was begun on March 19, 1942, at Mt.
Clemens, Michigan, before Gustaf B. Erickson, the Trial Examiner
duly designated by the Chief Trial Examiner, and was concluded on
the same day, when the respondent, the Union, and counsel for the
Board entered into a stipulation in settlement of the case. The
stipulation provides as follows :
Upon the basis of the record as it stands at this point, -it is
hereby stipulated by and between the Mt. Clemens Tool and Gear
Works, Inc., hereinafter referred to as the Respondent, and
Jerome' H. Brooks, attorney for- the National Labor Relations
Board, the National Labor Relations Board being hereinafter
called the Board, that: (1) Calvin Bingle, named in the com-
plaint, does not desire reinstatement with the Respondent. (2)
Respondent waives further hearing in this matter, and waives
making and entry of Findings of Fact upon this matter by the
Board, and consents that the Board may forthwith enter an order '
in the following terms :
ORDER
Upon the basis of the entire record in this matter, upon the
basis of the aforementioned stipulation, and pursuant to Sec. 10
(c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that the Respondent , Mt. Clemens
Tool and Gear Works, Inc., and its officers, agents ,- successors
and assigns , shall: -
1. Cease and desist from :
(a) Discouraging membership in the International Union,
United Automobile , Aircraft , and Agricultural Implement Work-
ers of America (UAW-CIO) or any other labor organizations
of its employees by in any manner discriminating in regard to
hire or tenure of employment or any terms or conditions of
employment;
(b) In any other manner interfering with , restraining or coerc-
ing any of its employees in the exercise of their rights 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 mu-
tual aid or protection , as guaranteed in Sec. 7 of the National
Labor Relations Act.
O
772 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action : ,
(a) Make whole Calvin Bingle for any losses suffered by him
in connection with his discharge by the Respondent on August
11, 1941, by payment to him of the sum of Four Hundred Thirty-
two Dollars ($432.00).
_(b) Immediately post in conspicuous places in and about its
plant in Mt. Clemens, Michigan, and maintain for a period of
sixty (60) consecutive days from the date of posting, notices to
its employees, stating (1) that it will not engage in the conduct
from which it is ordered to cease and desist in paragraphs 1 (a)
and 1 (b) above; and (2) that the same will remain posted for
sixty (60) consecutive days.
(c) Notify the Regional Director for the Seventh Region in
writing within ten (10)- days from the date of this Order what
steps the Respondent has taken to comply herewith.
-3. The Respondent consents to the entry by any appropriate
United States Circuit Court of Appeals of a decree for the en-
forcement of the above stipulated Order of the Board, and waives
notice of application therefor by the`•Board.
4. The entire agreement of the parties is contained within
the terms of this stipulation, and there is no verbal agreement
which varies, alters, or adds to this stipulation.
5. This stipulation is subject to the approval of the Board,'
and shall not become effective until such approval is granted.
On May 27, 1942, the Board issued its order approving the stipu-
lation, making it part of the record, and, pursuant to Article II,
Section 36, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, transferring the proceedings to the
Board for the purpose of entry of a decision and order pursuant to
the provisions of said stipulation.
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
Mt. Clemens Tool and Gear Works, Inc., a Michigan corporation,
is engaged in the manufacture of parts for automobile vehicle motors
at its plant in Mt. Clemens, Michigan. Between January 1, 1941,
and January 1, 1942, the respondent purchased raw materials and
merchandise valued at $18,990.90, all of which was shipped to it from
points outside the State of Michigan. During the same period the
respondent sold products valued at $102,228.16, approximately all of
which was sold to the Ford Motor Company, Dearborn, Michigan.
MT. CLEMENS TOOL AND GEAR WORKS, INC. 773
These -products were used in motor vehicles manufactured by the
Ford Motor Company, many of which vehicles were shipped to points
outside the State of Michigan. The, respondent admits, and we find,
that it- is engaged in commerce within the meaning of Section 2 (6)
and (7) of the Act. -
ORDER
Upon the basis of the above findings of fact , the aforementioned
stipulation , and the entire record in this matter, and pursuant to
Section 10 ( c) of the National Labor Relations Act, the National
Labor Relations Board hereby orders that the respondent, Mt.
Clemens Tool and Gear Works, Inc., and its officers , agents, successors
and assigns , shall: -
1. Cease and' desist from :
(a) Discouraging membership in the International Union, United
Automobile , Aircraft and Agricultural Implement Workers of
America (UAW-CIO) of any other labor organizations of its em-
ployees by in any manner discriminating in regard to hire or tenure
of employment or any terms or conditions of employment;
(b) In any other manner interfering with,'restraining or coercing
any of its employees in the exercise of their rights to form, join, or
assist labor organizations , to bargain- collectively through repre-
sentatives of their own choosing , and to engage in concerted activi-
ties for the purpose of collective bargaining or other mutual aid or
protection , as guaranteed in Section 7 of the National Labor Rela-
tions Act.
2. Take the following affirmative action :
(a) Make whole Calvin Bingle for any losses suffered by him in con-
nection with his discharge by the respondent on August 11 , 1941, by
payment to him of the sum of Four Hundred Thirty -two Dollars
($432.00).
(b) Immediately post in conspicuous places in and about its plant
in Mt. Clemens , Michigan, and maintain for a period of sixty (60)
consecutive days from the date of posting, notices to its employees
stating (1) that it will not engage in the conduct from which it is
ordered to cease and desist in paragraphs 1 (a) and 1 (b) above;
and (2 ) that the same will remain posted for sixty ( 60) consecutive
days.
(c) Notify the Regional Director for the Seventh Region in writ,
big within ten (10 ) days from the date of this Order what steps the
Respondent has taken to comply herewith.