National Pneumatic Company

National Labor Relations Board - Board Decisions

Jan 30, 1939

10 N.L.R.B. 1481 (N.L.R.B. 1939)

In the Matter of NATIONAL PNEUMATIC COMPANY and UNITED ,ELEC-
TRICAL , RADIO & MACHINE WORKERS OF AMERICA , C. I. O.
Case No. C-1109:-Decided January 30, 1939
. Pneumatic Machinery Manufacturing Industry-Settlement : stipulation pro-
viding for compliance with the Act-Ordev: entered on stipulation-Dasc? im-
ination: complaint dismissed as to one person.
Mr. R. H. Hickey, for the Board.
Mr. Orlando H. Dey, of Rahway, N. J., for the Respondent.
Isserm,an,' Isserman, Rot/ibard cC Kapellsohn, by Mr. Samuel L.
Rothbard, of Newark, N. J., for the United.
Mr. Harold W. Borden, of Elizabeth, N. J., for the Employees
Organization.
Mr. Langdon West, of counsel to the Board.
DECISION
- AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Elec-
trical, Radio & Machine Workers of America, affiliated with the
Committee for Industrial Organization, herein called the United, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Second Region (New York City), issued
its complaint dated October 27, 1938, against National Pneumatic
Company, Rahway, New Jersey, herein called the respondent, alleg-
ing that the respondent had engaged in and was engaging in unfair
labor practices affecting commerce within the meaning of Section
8 (1), (2), and (3) and Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. A copy of the
complaint accompanied by notice of hearing was duly served
upon the respondent and the United. Prior to the hearing, a copy
of the complaint was also personally served upon counsel for The
Employees' Organization of National Pneumatic Company of Rah-
way, New Jersey, herein called the Employees Organization. OR
November 7, 1938, the respondent filed its answer to the complaint in
which it admitted the allegations concerning its corporate struc-
10 N. L. R. B, No. 135.
1481
1482 NATIONAL LABOR RELATIONS BOARD
ture, but denied the allegations concerning the nature and scope of
its business and the allegations of unfair labor practices.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent dominated and interfered with the
formation and administration of the Employees Organization; that
the respondent terminated the employment of and refused to rein-
state certain named employees because they joined, and assisted the
United and engaged in other concerted activities for the purposes
of collective bargaining and other- mutual aid and protection; and
that the respondent, by the afore-mentioned activities, and by urging,
persuading, and warning its employees to refrain from becoming
or remaining members of the United and by threatening its employ-
ees with reprisals for joining or remaining members of the United,
and by other acts, interfered with, restrained, and coerced its em-
ployees in the exercise of the rights guaranteed in Section 7 of the
Act.
Pursuant to notice, a hearing was held on December 19, 20, and 21,
1938, at Newark, New Jersey, before James C. Paradise, the Trial
Examiner duly designated by the Board. The Board, the respond-
ent, the United, and the Employees Organization, participated in
the hearing and were represented by counsel. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing upon the issues was afforded all parties. During the
course of the hearing on December 19,1938, the Trial Examiner granted
the motion to intervene made by the Employees Organization.
During the course of the hearing on December 21, 1938, a stipula-
tion in settlement of the case, entered into by the respondent, the
Employees Organization, the United, and counsel for the Board, was
read into the record without objection. This stipulation provides as
follows :
Whereas, the National Labor Relations Board issued a com-
plaint on October 27, 1938, based upon charges made by the
United Electrical Radio & Machine Workers of America, CIO,
that the National Pneumatic Company, 970 New Brunswick
Avenue, Rahway, New Jersey, has engaged in and is engaging
in certain unfair labor practices affecting commerce, which prac-
tices are more particularly described in said complaint; and
Whereas, said National Pneumatic Company, hereinafter re-
ferred to as the respondent, has filed an answer to said complaint
denying the charges against it therein contained ; and
Whereas, the employees' organization of the National Pneu-
matic Company of Rahway, New Jersey, has petitioned for and
been granted leave to intervene as a party to these proceedings;
and
DECISIONS AND ORDERS 1483
Whereas, a hearing upon the pleadings has commenced , testi-
mony has been taken and evidence submitted and said proceedings
is now pending before James C. Paradise, an Examiner duly
appointed and authorized for that purpose; and
Whereas, the parties to said proceedings desire to adjust and
settle the matters in difference and in issue among, themselves in
accordance with the provisions of this stipulation. ,
Now, therefore , it is hereby stipulated and agreed as follows :
I
The testimony given by Parris R. Forman, and Frank Johnson
respecting the business operations of the respondent is made a
part hereof.
II
The complaint in so far as it relates to the discharge, of John
Schaefer shall be dismissed.
III
Charles Schalestock and Francis Everett Ladd having indi-
cated their desire not to be re-instated to their former positions
in respondent's plant, they shall not be re-instated to said posi-
tions, and the relationship of employer and employee between
said persons and the respondent shall be deemed terminated.
IV
The parties hereto consent to the entry of a cease and desist
order by the National Labor Relations Board in this proceeding
in substantially the following terms, and of a consent decree by
the appropriate United States Circuit Court of Appeals, as here-
inafter provided, and the parties hereby waiving the right to
continuation of the hearing herein and to the making of findings
of fact and conclusions of law in this proceeding by the National
Labor Relations Board. Said order shall provide that the
respondent shall:
1. Cease and desist from in any manner interfering with, re-
straining, or coercing its employees in the exercise of their rights
to self-organization, to form, join or assist labor organizations
to bargain collectively through a representative of their own
choosing and to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection, as guar-
anteed in Section 7 of the National Labor Relations Board Act.
2. Cease and desist from urging, persuading and warning its
employees to refrain from becoming or remaining members of
1484 NATIONAL LABOR RELATIONS' BOARD
the United Electrical Radio & Machine Workers of America
(CIO) or any other labor organization of their own choosing,
and from threatening said employees with, discharge or other
reprisals if they become or remain members thereof.
3. Cease-and desist from discouraging, membership in United
Electrical Radio & Machine Workers of America (CIO) or any
other labor organization of its employees' choosing by discrimi-
nating in regard to hire and tenure of employment or any term
or condition of employment.
4. Cease and desist from dominating or interfering with the
administration of the employees' organization of the National
Pneumatic Company of Rahway, New Jersey, or with the forma-
tion or administration of any other labor organization of its
employees, and from contributing support to the employees'
organization of the National Pneumatic Company of Rahway,
New Jersey or any other labor organization of its employees.
5. Cease and desist from giving effect to the contract executed
by and between the respondent and the employees' organization
of the National Pneumatic Company of Rahway, New Jersey,
dated March 28, 1938, or to any part thereof ; provided, however,
that this provision shall not be construed as requiring any change
in existing rates of pay, hours of employment or working condi-
tions now prevailing in respondent's plant.
6. Take the following affirmative action to effectuate the policies
and purposes of the National Labor Relations Act.
(a) Withdraw all recognition from the employees' organiza-
tion of the National Pneumatic Company of Rahway, New Jersey
as the representatives of any' of its employees for the purpose of
dealing with respondent concerning grievances, labor disputes,
wages, rates of pay, hours of employment, or other conditions of
employment, and completely disestablish the employees' organiza-
tion of the National Pneumatic Company of Rahway, New Jersey
as such representative.
(b) Pay the sum of $700.00 to Charles Schalestock and the
further sum ' of $500.00 to Francis Everett Ladd, in full settle-
ment of all claims by them for back pay arising out of the
employment in this or otherwise,` proceeding; said payment to
be made at the office of the Regional Director for the Second
Region within forty-eight hours after receipt by the respondent
of notice in writing from said Regional Director that this settle-
ment has been approved by the National Labor Relations Board.
No further payments shall be due or payable by the respondents
for back pay or otherwise to the employees named or referred to
in the complaint.
DECISIONS AND ORDERS 1485
(c) Post immediately notices to its employees in conspicuous
places within its plant at Rahway, New Jersey, stating (1) that
the respondent will cease and desist in the manner aforesaid;
(2) that the respondent will withdraw all recognition from the
employees' organization of the National Pneumatic Company of
Rahway,-New Jersey,as,the,representative of any of its employees
for the purpose of dealing with the respondent concerning griev-
ances, labor disputes, wages, rates of pay, hours of employment,
or other conditions of employment, and that said organization
is completely disestablished as such representative; and (3) that
the contract executed by and between the respondent and the
employees' organization of the National Pneumatic Company of
Rahway, New Jersey, is null and void and will no longer be given
effect, and maintain such notices for a period of at least thirty
days from the date of posting.
(d) Notify the Regional Director for the Second Region in
writing within ten days from the date of the order as to the
steps the respondent has taken to comply therewith.
The complaint in so far as it -relates to the discharge of John
Schaefer shall be dismissed.
V
This stipulation shall go into effect upon its approval by the
National Labor Relations Board at Washington, D. C. If not
approved by the Board this stipulation and each part thereof
shall be null and void and of no effect and as if it had never
been made.
Nothing herein contained shall be construed as an admission
by the respondent or the intervenor of the truth of any of the
allegations contained in the complaint.
VI
The parties hereto consent to the entry by the proper Circuit
Court of Appeals of a decree giving effect to the purposes of this
stipulation and to the order which the National Labor Relations
Board may enter thereon, but limited substantially to the terms
of this stipulation. The form of said decree shall be submitted
to the attorneys for the respective parties hereto at least five
days prior to the presentation of said decree to said Circuit
Court.
VII
The parties to this stipulation are the respondents, the em-
ployees' organization of the National Pneumatic Company of
1486 NATIONAL LABOR RELATIONS BOARD
Rahway, New Jersey, the United Electrical Radio and Machine
Workers of America (CIO), Francis Everett Ladd and Charles
Schalestock, and counsel for the National Labor Relations Board.
On January 4, 1939, the Board issued its order approving the
above stipulation and transferring the proceeding to-the Board for
the purpose of entry of a decision and order by' the Board.
Upon the entire record in the case, the Board makes the fol-
lowing :
FINDINGS OF FACT -
1. THE BUSINESS OF THE RESPONDENT
The respondent, a West Virginia corporation, has its principal
office and place of business at Rahway, New Jersey. It is engaged
principally in the manufacture, sale, and distribution of elevator door
equipment, up and down flashlight signals, . electric dummy waiters,
windshield wipers, and pneumatic devices for doors on vehicles. It
also produces ammunition, bombs, small cannon, wire drawing ma-
chinery, and pulverizing machinery.
The raw materials used by the company are steel, cast ' iron, wire,
brass, rubber, and lumber. During the fiscal year ended May 1,
1938, the respondent purchased raw materials amounting in value to
$1,008,421.05, about 25 per cent of which were received from outside
the State of New Jersey. During the same period , the respondent's
sales amounted to $1,779,160, of which about 80 per cent were shipped
from the respondent's plant to points outside the State of New
Jersey.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, 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 National Pneumatic Company, Rahway, New
Jersey, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of their rights to self-organization, to form,
join, or assist labor organizations, to bargain collectively through a
representative 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 National Labor
Relations Act;
DECISIONS AND ORDERS 1487
- (b) Urging, persuading, and warning its employees to refrain
from becoming or remaining members of the United Electrical, Radio
& Machine Workers of America (CIO) or any other labor organiza-
tion of their own choosing, and from threatening said employees with
discharge or other reprisals if they become or remain members
thereof;
(c) Discouraging membership in United Electrical, Radio & Ma-
chine Workers of America (CIO) or any other labor organization
of its employees' choosing by discriminating in regard to hire and
tenure of employment or any term or condition of employment;
(d) Dominating or interfering with the administration of The
Employees' Organization of the National Pneumatic Company of
Rahway, New Jersey, or with the formation or administration of
any other labor organization of its employees, and from contribut-
ing support to The Employees' Organization of the National Pneu-
matic Company of Rahway, New Jersey, or any other labor organ-
ization of its employees;
(e) Giving effect to the contract executed by and between the
respondent and The Employees' Organization of the National Pneu-
matic Company of Rahway, New Jersey, dated March 28, 1938, or to
any part thereof; provided, however, that this provision shall not
be construed as requiring any change in existing rates of pay, hours
of employment, or working conditions now prevailing in the respond-
ent's plant.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act:
(a) Withdraw all recognition from The Employees' Organization
of the National Pneumatic Company of Rahway, New Jersey, as
the representatives of any of its employees for the purpose of dealing
with the respondent concerning grievances, labor disputes, wages,
rates of pay, hours of employment, or other conditions of employ-
ment, and completely disestablish The Employees' Organization of
the National Pneumatic Company of Rahway, New Jersey, as such
representative:
(b) Pay the sum of $700 to Charles Schalestock and the further
stun of $500 to Francis Everett Ladd, in full settlement of all claims
by them for back pay arising out of the employment in this or
otherwise, proceeding; said payment to be made at the office of the
Regional Director for the Second Region within 48 hours after re-
ceipt by the respondent of notice in writing from the said Regional
Director that this settlement has been approved by the National
Labor Relations Board. No further payments shall be due or pay-
able by the respondent for back pay or otherwise to the employees
named or referred to in the complaint;
1488 NATIONAL LA13OR RELATIONS BOARD
(c) Post immediately notices to its employees in conspicuous places
within its plant at Rahway, New Jersey, stating (1) that the re-
spondent will cease and desist in the manner aforesaid; (2) that
the respondent will withdraw all recognition from The Employees'
Organization of the National Pneumatic Company of Rahway, New
Jersey, as the representative of any of its employees for the pur-
pose of dealing with the respondent concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment, or other conditions
of employment, and that said organization is completely disestab-
lished as such representative; and (3) that the contract executed
by and between the respondent and The Employees' Organization of
the National Pneumatic Company of Rahway, New Jersey, is null and
void and will no longer be given effect, and maintain such notices
for a period of at least sixty (60) days from the date of posting;
(d) Notify the Regional Director for the Second Regicn in writing
within 10 days from the date of the order as to the steps the re-
spondent has taken to comply therewith.
AND IT IS FURTHER ORDERED that the complaint, in so far as it
relates to the discharge of John Schaefer, be, and it hereby is,
dismissed.