Niagara Searchlight Co.

National Labor Relations Board - Board Decisions

Jul 22, 1942

42 N.L.R.B. 701 (N.L.R.B. 1942)

In the Matter of NIAGARA SEARCHLIGHT COMPANY and UNITED ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 318
Case No C-224S -Decided July 02, 1942
Jurisdict ion: flashlight and lantern manufacturing industry
Settlement : stipulation providing for compliance with the Act
Remedial Orders: entei ed on stipulation
Mr Peter J. Crotty, for the Board
Mr Francis T Finudlay. of Niagara, Falls, N Y, for the re-
spondent
Mr Almond J Clough, of Buffalo, N Y, for the Union
Mr Bertram Diamond, of counsel to the Boai d
DECISION
AND
ORDER
STATEMENT OF THE CASE
On charges duly-filed by the United Electrical, Radio & Machine
Woi kei s of Amei ica, Local 318, herein called the Union, the Na-,
tonal Labor Relations Board, herein called the Board, by the Re-
gional Directoi for the Third Region (Buffalo, New York) issued'
its complaint on June 4, 1942, against Niagara Seaichlight Com-
pany, Buffalo, New York, heiein called the respondent, alleging that
the iespondent had engaged in and ii as engaging in unfair labor
practices affecting commeice, within the meaning of Section 8 (1) and
(3) and Section 2 (6) and (7) of the National Labor Relations Act,
49 Stat 449, heiem called the Act Copies of the complaint and
notices of hearing weie duly served upon the respondent and the
Union
Concerning the unfair labor pi actices, the complaint alleged, in
substance (1) that the iespondent, on or about April 13, 1942, ter-
minated the employment of Stanley Olewinski and Margaret Hape-
man, and theieafter refused to ieemploy them because of their
membeiship in the Union and because they engaged in other con-
ceited activities with respondent's employees for the purpose of col-
lective baigaining, or other mutual aid or protection, (2) respondent
inteifered with the rights guaranteed in Section 7 of the Act by the,
42N L R B, No 140
701
702 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
afore-mentioned acts, by expressing antagonistic and derogatory ie-
marks concerning the Union and another labor organization, by
threatening employees with discharge if they attended union meet-
ings, and by interrogating employees on their union membership
, The respondent thereafter filed its answer denying the commission
of the unfair labor practices alleged in the complaint.
On June 27 and June 30, 1942, the respondent, the Union, and the
counsel for the Board entered into a stipulation in settlement of the
case This stipulation provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and between Niagara
Searchlight Co Inc (hereinafter called the Respondent), United
Electrical, Radio & Machine Workers of America, Local 318
(hereinafter called the Union) and Peter J. Crotty, Regional
Attorney for the National Labor Relations Board, Third Region.
I
(1) Upon charges duly filed by the United Electrical, Radio &
Machine Workers of America, Local 318, Henry J- Winters,
Agent of the National Labor Relations Board acting pursuant
to authority granted in Section 10 (B) of the National Labor
Relations Act, approved July 5, 1935, and acting pursuant to
its Rules and Regulations-Series 2, as amended, Article IV,
Section 1, issued its Complaint and Notice of Hearing on the
4th day of June, 1942 against the Niagara Searchlight Co Inc,
respondent herein.
(2) The Charge, Complaint and Notice of Hearing thereon
were duly served upon the Respondent and upon the Union on
the 5th day of June, 1942 in accordance with said Rules and
Regulations-Series 2, as amended, Article IV, Section 1. The
Respondent served its Answer upon the National Labor Rela-
tions Board and upon the Union on or about June 13, 1942, The
above entitled matter came on for hearing before Trial Exam-
iner James Batten, duly designated by the National Labor Rela-
tions Board to act as Trial Examiner.
(3) The Respondent is,and has been since May 7, 1923, a cor-
poration duly organized and existing under and by virtue of
the laws of the State of New York, and is now and has contin-
uously been for a long period of time engaged in the City of
Niagara Falls, New York in the manufacture of flashlights,
flashlight cases of many types, lanterns, and penlites During
the calendar year 1941 the Respondent used at its Niagara Falls,
New York plant raw materials to the approximate value of
$250,000 00 of which approximately 75% represents shipments
NIAGARA SEARCHLIGHT COMPANY 703
made to the Respondent's Niagara Falls, New York plant from
points outside the State of New York During the calendar
year 1941 the Respondent manufactured at its Niagara Falls,
New York plant finished products to the approximate value of
$675,000 00 of which approximately 60% was shipped to points
outside the State of New York For the purpose of this pro-
ceeding the Respondent admits that it is engaged in interstate
commerce within the meaning of Section 2 (6) of the National
Labor Relations Act and the Supreme Court decisions there-
under. '
(4) United Electrical, Radio & Machine Workers of America,
Local 318 and District 50, Chemical Division, United Mine Work-
ers CIO are labor organizations within the meaning of the
National Labor Relations Act
II
(1) The Record in this proceeding shall consist of the Charge,
Complaint, Notice of Hearing, Affidavit as to service of the
Notice of Hearing, Complaint and Charge, Certification made
by the aforesaid Henry J. Winters, the Respondent's Answer
and this Stipulation.
(2) The Respondent does not admit any of the allegations set
forth in the Complaint herein, but waives its right to hearing on
said 'Complaint and its right to the making or entering by the
National Labor Relations Board of Findings of Fact or Conclu-
sions of Law
(3) This Stipulation embraces and embodies the disposition of
any and all alleged unfair labor practices hereinbefore alleged or
which may be alleged hereinafter by the Union to have been com-
mitted by the Respondent up to and including the date of this
Stipulation.
III
The National Labor Relations Board may forthwith, without
other or further notice to the Respondent, make and enter an order
in the above entitled matter to the following effect :
Respondent, Niagara Searchlight Co Inc. shall
1 Cease and desist
(a) From in any manner interfering with,'restraining or coerc-
ing its employees in the exercise of their rights to self -organiza-
tion, to form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and to en-
gage in concerted activities for the purpose of collective bargain-
704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing or other mutual aid and piotection as guaianteed in Section 7
of the National Laboi Relations Act
(b) Fiom discouraging membership in United 'Electrical,
Radio & Machine Woikeis of America, Local 318, of in any other
labor organization of its employees by discharging, threatening,
or refusing to reinstate any of its employees for designating as
their agent, doming or assisting the United Electrical, Radio &
Machine Woikeis of America, Local '018, of any other labor organ-
izations of its employees, or for engaging in other conceited activi-
ties for the purpose of collective baigaining or othei mutual aid
and protection
(c) From in any manner discriminating against any of its em-
ployees in regard to hiring and tenure of employment, or terms
and conditions of employment of designating as their agent, join-
ing or assisting the United Electrical, Radio & Machine Workers
of America, Local 318, or any other laboi organization of its em-
ployees, or foi engaging in other concerted activities for the pur-
pose of collective baigaining or othei mutual aid and protection
2 Take the following affirmative action which will effectuate
the policies of the National Labor Relations Act
(a) Offer to Margaret Hapeman and Stanley Olewinski, upon
resumption of noimal pioduction, full reinstatement to their
former of substantially equivalent position without piejudice to
seniority iights or any other rights pieviously enjoyed by thein
(b) Pay immediately as back pay to Maigaiet Hapeman, the
sum of Seventy-five Dollars ($75 00) and to Stanley Olewinski,
the sum of Fifty Dollars ($50.00).
(c) Immediately post and keep visible for a peiiod of at least
thirty ( 30) days , in prominent places in Respondent 's Niagara
Falls plant a copy of this order , and immediately upon resump-
tion of pioduction post and keep visible for a peiiod of at least
thirty (30) days in prominent places in Respondent's Niagara
Falls plant a copy of this order.
(d) Notify the Regional Director for the Third Region, in
writing, within ten days from the date of this order of the steps
the Respondent has taken to comply herewith.
. IV
(1) The Respondent further stipulates and consents to the
entry by the United Stat s Circuit Court of Appeals for the 2nd
Circuit, without fur=ther notice of the application therefor, of a
Decree for the enforcement of the order of the ,National Labor
Relations Board provided' for-in this Stipulation and waives its
i fight to contest any application by the National Labor Relations
Board for the entry of such a Decree
i
NIAGARA SEARCHLIGHT, COMPANY 705
V
(1) The entire agreement is contained within the terms of this
Stipulation and there is no verbal agreement of any kind which
varies, alters or adds to this Stipulation
VI
(1) It is further , stipulated and agreed that the Respondent's
• Niagara Falls, New York plant is now in the process of shutting
down production by reason of the service upon it of Notice L 71
of the War Production Board forbidding the use of materials in
the manufacture of searchlights for domestic use
VII
(1) All stipulations herein made and the terms and provisions
thereof are made subject to the approval of the National Labor
'Relations Board
On July 7, 1942, the Boaid issued its order approving the above
stipulation, making it part of the record in the case, and ti ansferring
the proceedings to the Board for the purpose of entry of a decision and
order by the Board, pursuant to the piovisions of the stipulation
Upon the above stipulation and the entire iecord in the case, the
Board makes the following
FINDINGS OF FACT
I THE BUSINESS OF THE RESPONDENT
Niagara Searchlight Company is, and has been since May 7, 1923,-
a corporation duly organized and existing under and by virtue of the
laws of the State of New York, and is now and has continuously been
for a long period of time engaged in the City of Niagara Falls, New
York , in the manufacture of flashlights , flashlight cases of many types,
lanterns , and penlites Duiing the calendar year 1941 the iespondent,
used at its Niagara Falls, New Yoik, plant iaw mateiials to the
approximate value of $250,000 of which approximately 75 percent
represents shipments made to the respondent's Niagara Falls, New
York, plant from points outside the State of New York During the
calendar year 1941 the respondent manufactured at its Niagara Falls,
New York, plant finished products to the approximate y alue of $675,000
of which approximately 60 percent was shipped to points outside the
State of New York
The respondent admits for the purpose, of this proceeding that it is
engaged in commerce within the meaning of the Act
We find that the above -described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
472814-42-vol 42-45
706 DECISIONS _0F NATIONAL LABOR RELATIONS BOARD
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 Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that the Niagara Searchlight Co, Inc , Niagal a Falls,
New York, shall :
1 Cease and desist.
(a) From in any manner interfering with, restraining , or coercing
its employees in the exercise of their rights to self-organization, to
form, loin, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in con-
certed activities for the purpose of collective bargaining or other
mutual aid and protection as guaranteed in Section 7 of the National
Labor Relations Act,
(b) From -discouraging membership in United Electrical, Radio &
Machine Workers of Ameiica, Local 318, or in any other labor organi-
zation of its employees by discharging, threatening, or refusing to
reinstate any of its employees for designating as their agent, joining,
or assisting the United Electrical, Radio & Machine Workers of Amer-
ica, Local 318, or any other labor organizations of its employees, or
for engaging in other concerted activities for the purpose of collective
bargaining or other mutual aid and protection;
(c) From in any manner discriminating against any of its em-
ployees in regard to hne and tenure of employment, or terms and con-
ditions of employment, for designating as their agent, joining or as-
sisting the United Electrical, Radio & Machine Workers of America,
Local 318, or any other labor organization' of its employees,, or for
engaging in other concerted activities for the purpose of collective
bargaining or other mutual aid and protection
2 Take the following affirmative action which will effectuate the
policies of the National Labor Relations Act :
(a) Offer to Margaret Hapeman and Stanley Olewinski, upon re-
sumption of normal production, full reinstatement to their former or
substantially equivalent positions without prejudice to seniority rights
or any other rights previously enjoyed by them;
(b) Pay immediately as back pay to Margaret Hapeman, the sum
of $75 and to Stanley Olewinski, the sum of $50,
(c) Immediately post and keep visible for a period of at least thirty
(30) days, in prominent places in respondent's Niagara Falls plant a-
copy of this Order; and immediately upon resumption of production
post and keep visible for a period of at least thirty (30) days in promi-
nent places in respondent 's Niagara Falls plant a copy of this Order.
(d) Notify the Regional Director for the Third Region, in writing,
within ten (10) days from the date of this Order of the steps the re-
spondent has taken to comply herewith