Owensboro Sewer Pipe Co.

National Labor Relations Board - Board Decisions

Sep 5, 1942

43 N.L.R.B. 1014 (N.L.R.B. 1942)

In the Matter Of OWENSBORO SEWER PIPE'COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH
THEA. F. OF L.
Case No. C-3306.-Decided September 5, 194,0,
Jurisdiction : clay products manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Practice and Procedure: pursuant to stipulation, complaint dismissed insofar
as it alleged discrimination against named individuals.
Mr. Robert D. Malarney , for the Board.
Cary, Miller & Kirk , by Mr . A. D. Kirk and Mr. R. T. Sweeney,
of Owensboro , Ky., for the respondent.
Mr. McKinley Ralston , of Owensboro , Ky., for the Union.
Mr. Gilbert V. Rosenberg , of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon, charges and amended charges duly filed by International
Union, United Automobile Workers of America, affiliated with the
A. F. of L., herein called the Union, the National Labor Relations
Board, herein called the Board, by the Regional Director for the
Eleventh Region, (Indianapolis, Indiana), issued its complaint and
amended complaint dated July 30 and August 6, 1942, respectively,
against Owensboro Sewer Pipe Company, Owensboro, Kentucky,
herein called the respondent, alleging that the respondent had en-
gaged in and was engaging in unfair labor practices affecting com-
merce, 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, of the amended complaint,
and of notice of hearing thereon were duly, served upon the respondent
and the Union.
Concerning the unfair labor practices, the amended complaint al-
leged in substance: (1) that on specified dates during May, June, and
43 N L. R. B., No. 180. -
1014
OWENSBO'RO SEWER PIPE COMPANY' 1015
July 1942, the respondent discriminated in regard to the hire and
tenure of employment and/or the terms and conditions of employment
of seven of its employees because of their membership in and activity
on behalf of the Union; and (2) that, by the-foregoing acts and by
other specified acts and conduct, the respondent,interfered, with, re-
strained, and coerced its employees in the exercise of the rights guar-
anteed in Section 7 of the Act. On August 10, 1942, the respondent
filed an answer denying the unfair labor practices alleged in the
complaint. _
Pursuant to notice, a hearing was held on August 10, 11, and 14, 1942,
at O%^ensboro, Kentucky, before Thomas S. Wilson, the Trial Exam-
iner duly designated by the Chief Trial Examiner. The respondent
and the Board were represented at and participated in the hearing.
During the course of the hearing, on August 14, 1942, the respondent,
the Union, and counsel for the Board entered into a stipulation in
settlement of the case, subject to the approval of the Board. This
stipulation provides as follows :
Upon charges. duly filed by International Union, United Auto-
mobile Workers of America, affiliated with the A. F. of L., with
the Regional Director for the Eleventh Region of the National
Labor Relations Board, hereinafter referred to as the Board, at
Indianapolis, Indiana, alleging that the Owensboro Sewer Pipe
Company, hereinafter referred to as the Respondent, has en-
gaged in unfair labor practices within the meaning of Section
8 (1) and (3) of the National Labor 'Relations Act; the Board
through its Regional Director having issued and served a com-
plaint and amended complaint stating the charges , service of
which is hereby acknowledged by the parties ; and an answer
having been filed by the Respondent and a hearing begun before
Thomas Wilson, Trial Examiner duly designated by the Chief
Trial Examiner of the'National'Labor Relations Board, and re-
cessed at the request of the parties for the purpose of discussing
a possible settlement of the issues raised by the pleadings; and
it being the desire of the parties to conclude all proceedings before
the Board in this case,
IT IS HEREBY STIPULATED AND AGREED by and between the parties
hereto :
(1) That the Respondent is and has been since 1892 a corpo-
ration duly organized under and existing by virtue of the laws of
the State of Kentucky, having its principal office and place of
business in the City of Owensboro, County of Daviess, State of
Kentucky, in the manufacture, sale and distribution of sewer
pipe; flue lining, wall coping and other clay products.
1016 DECISIONS (54F - NATIONAL LABOR RELATIONS BOARD
(2) 'That the principal raw material used by Respondent in
the' manufacture of its products is clay, all of which is obtained
from the State of Kentucky. The Respondent annually sells and
delivers throughout the United States finished goods consisting
.of sewer pipe , flue lining , wall coping and oilier clay products in
excess of $100,000 in value of which over 60 percent is sold and
delivered outside of the State of Kentucky . The Respondent con-
cedes that it is engaged in interstate commerce within the mean-
ing of Section 2, subdivisions (6) and (7) of £he Act.
(3) That 'the Intelnational Union, United Automobile Work-
ers of America, affiliated with the A. F. of L., is a labor organiza=
tion within the meaning of Section -2, subdivision (5) of the
Act. -
,(4) That the Board grant the motion made by counsel for the
Board at the hearing whereby it was moved that the complaint
be dismissed without prejudice in so far as it pertained to Lewis
B. Scott and John L. Webster.
(5)- That the entire record in this case shall consist of the
Charge, First Amended Charge, Second Amended Charge, Com-
plaint, Amended Complaint, Notice of Hearing and proof of
service, proof of service of Amended Complaint, Answer; Order
Designating Thomas Wilson as Trial Examiner , Transcript of
Proceedings at the Hearing, and this Stipulation.
. (6) That the parties waive the makings of findings of fact
and conclusions of law by the Board and any further hearing or
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 and agree that the 'Board may
enter the following Order : -
ORDER , ,
The National Labor Relations Board hereby orders that the
Owensboro Sewer Pipe Company, Owensboro, Kentucky, through
its officers , agents, successors and assigns shall:
(1) Not in any manner interfere with its employees in the exer-
cise of the right to self -organization or discourage membership
in the International Union, United Automobile Workers of
America, affiliated with the A. F. of L., by discrimination against
any of its employees in regard to hire or tenure of employment
or any term or condition of employment.
(2) Take the following affirmative action in order to effectuate
the policies of the Act :
a. Offer to the following named persons immediate' and 'full
reinstatement to the same positions which they held immediately
OWENSBORO - SEWER PIPE COMPANY 1017
prior to the dates set opposite their names without prejudice to
their seniority or other, rights and privileges
James R O'Bryan------------------------------- May 26,1942
J. P. Johnson---------------------------------- May 28,1942
Rodalph Ranburger----------------------------- June 19, 1642
Willie Alsup----------------------------------- July 18, 1942
Offer to Fred Crawford immediate and full reinstatement the
position held by him prior to July 16, 1942 without prejudice
to his seniority or other rights or privileges.
b. Make whole the said James O'Bryan, J. P. Johnson, Rodalph
Ranburger, and Willie Alsup for any and all losses of pay result-
ing from the termination of their employment, less net earnings
of said employees from the date of their discharges to the date
of the company's offer of reinstatement; and, make whole Fred
Crawford for any and all losses of pay resulting from his'transfer
on or about July 16, 1942 to a less desirable position.
c. Immediately _post' notices in the form attached hereto and
marked Exhibit "A" in conspicuous places throughout its plant
and maintain such notices fora period of sixty (60) consecutive
days.'
d. Notify the Regional Director for the Eleventh Region in
writing within a period of ten' days from the date of this Order
what steps the Respondent has taken to comply herewith.
(7) That the parties hereby consent to the entry by any appro-
priate United States Circuit Court of Appeals of a Decree enforc-
ing the Order of, the Board as shown set forth upon application
of the Board without further notice of said application.
(8) That the. entire agreement between all parties hereto is
contained within the terms of this Stipulation, aid 'there is no
verbal agreement of any kind which varies, alters, or adds to said
Stipulation in-any respect, and this Stipulation is subject to the
approval of the Board and shall become effective immediately
upon the granting of such approval.
On August 27; 1942, the Board issued an order approving the stipu-
lation, making it a part of the record, and, pursuant to Article IT,
Section 36, of National Labor Relations Board Rules, and ;Regula-
tions-Series 2, as amended, transferring the proceeding to the Board
for the purpose of entry of a Decision and Order pursuant to the
terms of the stipulation.
Upon the basis of the above stipulation and the entire record in
the case, the Board, makes the following :
' Exhibit "A" is set forth below as Appendix "A" to this Decision and Order.
1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FIN DINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Owensboro Sewer Pipe. Company; a Kentucky corporation, is en-
gaged at a plant'in Owensboro, Kentucky, in the manufacture, sale,
and distribution of sewer pipe, flue lining, wall coping, and other
clay products. Clay is the principal raw material used by the re-
spondent, all of which is obtained within the State of Kentucky. The
respondent annually sells finished products valued at more than
'$100,000, of which more than 60 percent are sold and delivered out-
side the State of Kentucky. The respondent concedes that it is
engaged in commerce, within the meaning of the Act.
We find that ,the above-described operations of the respondent con-
stitute a continuous flow of trade, traffic, and commerce among the
several States.
ORDER
Upon the basis of the above findings of fact, the 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 Owensboro Sewer Pipe Company, Owensboro,
Kentucky, through its officers, agents, "successors, and assigns, shall:
1. Not in any manner interfere with its employees in the exercise
.of the right to self-organization or discourage membership in the
International Union, United Automobile Workers of America, affil-
iated with the A. F. of L., by discrimination against any of its
employees in regard ,to hire or tenure of employment or any term or
condition of employment.
2. Take the following, affirmative action in order to effectuate the
policies of the Act :
a. Offer to the following named persons, immediate and full rein-
statement to the same positions which they held immediately prior to
the dates set opposite their names without prejudice to their seniority
or other rights and privileges
James R O'Bryan----------------------------------May 26, 1942
J P. Johnson--------------------------------------- May 28, 1942
Rodalph Itanburger----------------------------
-
---- June 19, 1942
Willie Alsup--------------------------------------- July 18, 1942
Offer to Fred Crawford immediate and full reinstatement the
position' held by him prior to July 16, 1942 without prejudice to his
seniority, or other rights or privileges.
b.. Make whole the said James O'Bryan, J. P. Johnson, Rodalph
Ranburge'r, and Willie Alsup for any and all losses of pay resulting
from the termination of their employment , less net earnings of said
OWENSBORO SEWER PIPE ' COMPANY 1019
employees from the_ date of their discharges to the date of the com-
pany's offer of reinstatement ; and, make whole Fred Crawford for
any and all losses of pay resulting from his transfer on or about July
16, 1942 to a less desirable position.
6 I C. Immediately post notices in the form attached hereto and marked
Appendix "A" in conspicuous places throughout its plant and main-
tain - such notices for a period of sixty ( 60) consecutive days.
d. Notify the Regional Director for the Eleventh Region in writing
within a period of ten days from the date of this Order what steps
the Respondent has taken to comply herewith.
AND IT IS HEREBY FURTHER ORDERED that the complaint insofar as
it alleges discrimination by the respondent against Lewis B. Scott and
John L. Webster be, and it hereby is, dismissed without prejudice.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Order.
APPENDIX "A"
The employees of the Owensboro Sewer Pipe Company are hereby
notified that :
1. The Owensboro Sewer Pipe Company recognizes the right of its
'employees to self-organization, to form, join, or assist labor organiza-
tions, to bai gain collectively through representatives of their own
choosing, and to engage in concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection, as guaranteed
in Section 7 of the National Labor Relations Act.
2. The Owensboro Sewer Pipe Company does not, in any manner,
interfere with, restrain or coerce its employees in the exercise of the
above rights.
3. The Owensboro Sewer Pipe Company does not discourage mem-
bership in any labor organization, whether the International Union;
United Automobile Workers of America, affiliated with the A. F. of L.,
or any other labor organization of its employees by discharging or
threatening to discharge or in any manner discriminate against any
of its employees for joining or assisting such labor organization.
Owensboro Sewer Pipe Company recognizes the right. of its employees
to join or to refuse to join any labor organization.
This Notice will remain posted on all bulletin boards of the Owens-
boro Sewer Pipe Company's plant for a period of at least sixty (60)
consecutive days from date of posting.
OWENSBORO SEWER PIPE COMPANY,
By : S/E. G. MEISENHEIDTER,
President.,
Dated: --------------------