R. C. Can Company

National Labor Relations Board - Board Decisions

Apr 25, 1939

12 N.L.R.B. 447 (N.L.R.B. 1939)

In the Matter of R. C. CAN COMPANY and LOCAL UNION No. 1965,
STEEL WORKERS ORGANIZING COMMITTEE , AFFILIATED WITH THE
COMMITTEE FOR INDUSTRIAL ORGANIZATION
Case No. 0-611.-Decided April 25,1939
Fibre Container Manufacturing Industry-Settlement : stipulation providing
for compliance with Act, including reinstatement and back pay-Order: entered
on stipulation-Complaint : dismissed as to nine persons.
Mr. William J. Avrutis, for the Board.
Mr. A. E. Cullen, of St. Louis, Mo., for the respondent.
Mr. Ralph Shaw, of St. Louis, Mo., for the Union.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a charge and an amended charge filed by Local Union No.
1965, Steel Workers' Organizing Committee, affiliated with the Com-
mittee for Industrial Organization, herein called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director of the Fourteenth Region (St. Louis, Missouri),
issued its complaint dated May 5, 1938, against R. C. Can Company,
St. Louis, Missouri, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices affecting commerce within the meaning of Section 8 (1), (3),
and (5) and Section 2 (6) and (7) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. Copies of the complaint
and notice of hearing thereon were duly served upon the respondent
and the Union.
On May 9, 1938, the respondent filed with the Regional Director
a motion for an extension of time in which to file an answer to the
complaint and for a postponement of the hearing. On May 10,
1938, the Board, by the Regional Director, issued its amendment to
the complaint to allege the discriminatory discharge of six additional
employees and to correct a typographical error in the spelling of the
names of two employees as they appeared in the original complaint.
12 N. L. R. B., No. 53.
447
448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On May 11, 1938, the Regional Director duly issued and served upon
the parties a notice that the hearing was postponed to May 13, 1938.
On May 12, 1938, the Union filed a supplement to the second amended
charge.
Concerning the unfair labor practices the complaint, as amended,
alleged, in substance, that although the Union was the representative
of a majority of the respondent's employees in an appropriate unit,
the respondent refused to bargain collectively with it as the exclusive
representative of its employees; that the respondent terminated the
employment of and refused to reinstate 18 named employees, because
they joined and assisted the Union; that the respondent locked out
24 named employees; that the respondent, by the aforesaid acts and
by compelling a number of its employees to enter into individual
agreements with it concerning working conditions, by persuading
some of its employees to withdraw their membership from the Union
and form another labor organization, and by other acts, interfered
with, restrained, and coerced its employees in the exercise of their
rights guaranteed in Section 7 of the Act.
On May 12, 1938, the respondent, the Union, and the counsel for
the Board, entered into a stipulation in which, inter alia, the respond-
ent and the Union waived their rights to a hearing and agreed to
the entry of a consent order by the Board, upon its approval of the
stipulation. Thereafter the stipulation, complaint, notice of hearing
thereon, second amended charge, and National Labor Relations Board
Rules and Regulations-Series 1, as amended, and the supplement
to the second amended charge were filed with the Chief Trial Ex-
aminer of the Board at Washington, D. C., and thereby became part
of the record in the case.
The stipulation in the settlement of the case provides as follows :
It is hereby stipulated and agreed by and between the R. C.
Can Company, hereinafter called the Respondent, Local Union
No. 1965 Steel Workers' Organizing Committee, affiliated with
the Committee for Industrial Organization, hereinafter called
the Union, and William J. Avrutis, Attorney, National Labor
Relations Board, that:
I. The Respondent's business consists of the manufacture,
sale and distribution of fibre cans and tubes. The Respondent
was incorporated in Missouri in 1919, has its principal office and
place of business in St. Louis, Missouri, and owns and operates
plants-in Kansas City, Missouri, and in Rittman, Ohio.
The principal raw materials used by the respondent in its
business are sheet tin plate, paper stock, and glue. For the year
1937, the Respondent's total purchases of raw material amounted
to approximately $235,000.00. Of this total of raw materials,
R. C. CAN COMPANY 449
approximately 85% or more was shipped into the Respondent's
plants from states other than Missouri and Ohio.
In 1937 the value of the finished products manufactured by
the Respondent in all its plants amounted to $609,000.00. Of
this total, products of a value of $350,000.00 were manufactured
at the St. Louis plant of the Respondent. Of the total manu-
factured in Missouri in 1937, approximately 17% of the total
products manufactured at its St. Louis plant were shipped to
points outside the State of Missouri. Approximately 98% of
the shipments of raw materials into Respondent's St. Louis
plant are by rail, the balance being transported by truck. Ap-
proximately 50% of the shipments of Respondent's products
from its St. Louis plant are by rail and the balance being trans-
ported by boat and by truck. In 1937 the Respondent employed
in its St. Louis plant approximately 80 employees exclusive of
supervisory and clerical employees.
H. This Stipulation, the Complaint with Notice of Hearing,
Second Amended Charge, and National Labor Relations Board
Rules and Regulations attached, and Notice of Amendment to
Complaint, and Supplement to Second Amended Charge, all
issued in this matter, may be introduced as evidence by filing
them with the Chief Trial Examiner of the National Labor Re-
lations Board at Washington, D. C.
III. The Respondent, having been duly served with the Com-
plaint, Notice of Hearing, Second Amended Charge, Supplement
to Second Amended Charge and Notice of Amendment of Com-
plaint waives its right to hearing as set forth in Sections 10 (b)
and 10 (c) of the National Labor Relations Act.
IV. This Stipulation is subject to the approval of the National
Labor Relations Board.
V. In the event that this Stipulation shall be approved by the
National Labor Relations Board, an order may be entered forth-
with by the National Labor Relations Board, and by the appro-
priate Circuit Court of Appeals upon application without notice
to the Respondent, based hereon and providing as follows :
1. The Respondent will cease and desist :
(a) From interfering with, restraining or coercing its em-
ployees in any manner, directly or indirectly, in the exercise of
their rights to self-organization, to form, join or assist labor
organizations, to bargain collectively through representatives of
their own choosing and to engage in concerted activities for the
purposes of collective bargaining or other mutual aid or pro-
tection, as guaranteed in Section 7 of the National Labor
Relations Act;
450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) From discouraging in any manner, directly or indirectly,
membership in the union or in any other labor organization of
its employees;
(c) From discharging, threatening, either directly or in-
directly, or refusing to reinstate any of its employees for joining
the union, or any other labor organization of its employees;
(d) From discriminating, in any manner either directly or in-
directly, against any of its employees in regard to hire or tenure
of employment for joining the union, or any other labor organi-
zation of its employees;
(e) From dominating, sponsoring or interfering, either di-
rectly or indirectly, with the formation or administration of any
labor organization;
(f) From refusing to bargain collectively with the Union as
representative of its employees engaged in productive work
except foremen, assistant foremen, and persons receiving a salary,
so long as the Union shall continue to represent the majority of
its said employees;
(g) From entering into individual contracts with relation to
employment with any of its employees, members of the Union,
engaged in productive work, exclusive of foremen, assistant
foremen and persons receiving salaries.
2. The Respondent will take the following affirmative action
to effectuate the policies of the National Labor Relations Act :
(a) Offer to the following named persons, in order of seniority,
immediate and full reinstatement to their former positions with-
out prejudice to any rights and privileges previously enjoyed or
accruing to them; except that Respondent shall place upon a
preferred list for re-employment in order of seniority such of the
following persons as have heretofore held positions which are
now vacant by reason of decreased or suspended production :
Aurelia Toth
Marie Doll
Flora Howard
Anna Tobin
Francis Newman
John Kuczinski
Ben Brezinski
Tom Bushardt
Josephine Flowers
Claudine Mandrell
Hazel Emons
Mavis Chilton
Lyman Tucker
(b) Pay immediately and to the following named persons,
personally, the amounts hereinbelow set forth, as back pay :
William Sanders------------------------------------ $60.00
Aurelia Toth--------------------------------------- 30.00
Andrew Rodgers------------------------------------ 65.00
Marie Doll----------------------------------------- 65.00
R. C. CAN COMPANY 451
Flora Howard--------------------------------------- $45.00
Anna Tobin ---------------------------------------- 25 00
Francis Newman ------- ---------------------------- 30.00
John Kuczinski------------------------------------- 100.00
Ben Brezinski-------------------------------------- 100.00
Tom Bushardt-------------------------------------- 100.00
Josephine Flowers---------------------------------- 35.00
Tyman Albert-------------------------------------- 24.00
Frank Szeptowsky---------------------------------- 10.00
Claudine Mandrell---------------------------------- 10.00
John Chilton---------------------------------------- 10.00
Hazel Emons--------------------------------------- 9.00
Mavis Chilton -------------------------------------- 10.00
Lyman Tucker ------------------------------------- 9.00
Columbus Hastings --------------------------------- 18.00
(c) Bargain collectively with the Union as the exclusive repre-
sentative of its employees engaged in productive work except
foremen , assistant foremen, and persons receiving salaries, so long
as the Union shall continue to represent the majority of its said
employees, with respect to rates of pay, wages, hours and other
conditions of employment, and, if an understanding is reached
on any such said matters, embody said understanding in a written
agreement for a definite term to be agreed upon, if requested to
do so by said Union ;
(d) Immediately post and keep visible in a prominent place
in each department of the Respondent's plant in the City
of St. Louis, Missouri , for a period of thirty (30) days, a
Notice stating that the Respondent will cease and desist as
provided in Paragraph 1 (a) and through (g) hereof, and
will take the affirmative action provided in Paragraph 2, (a)
through (d) hereof. Also immediately send by mail copies
of said notice enclosed in a sealed and duly postpaid
wrapper, directed to each of the Respondent's employees asso-
ciated with its plant at St. Louis, Missouri, and engaged in pro-
ductive work, except foremen, assistant foremen, and persons
receiving salaries , at their last known place of address, who shall
not be engaged in work for the Respondent upon the date of this
Stipulation.
On May 20, 1938, pursuant to Article II, Section 37, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
the case was transferred to the Board. On June 1, 1938, the Board
duly revoked the above-mentioned order for the reason that it erro-
neously stated that a hearing had been held in the case. On the same
date the Board issued its order approving the said stipulation and
transferring the proceeding to the Board for the purpose of entry
of a decision and order by the Board pursuant to the said
stipulation.
169134-39-vol. 12-30
452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Since the stipulation made no provision for the disposition of the
cases of Lillie McClard, Viola Ellebracht, Oma Shore, G. A. Ross,
Fred Zibell, Kate Mandrell, Leslie Miller, Clara Sadler, and Delbert
Mandrell, the complaint, in so far as it relates to them, will be
dismissed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent is a Missouri corporation engaged in the man-
ufacture, sale, and distribution of 'fibre cans and tubes, with its prin-
cipal office and place of business in St. Louis, Missouri. It also owns
and operates plants in Kansas City, Missouri, and in Rittman, Ohio.
The principal raw materials used by the respondent in its business
are sheet-tin plate, paper stock, and glue. For the year 1937, the
respondent's total purchases of raw materials amounted to approx-
imately $235,000, of which about 85 per cent were shipped to the
respondent's plants from States other than Missouri and Ohio.
During the same year the respondent manufactured at its St. Louis
plant finished products valued at $350,000, of which about 17 per
cent were shipped to points outside the State of Missouri.
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 and stipulation and
upon 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 R. C. Can Company, St. Louis, Missouri,
shall :
1. Cease and desist from :
(a) Interfering with, restraining, or coercing its employees in any
manner, directly or indirectly, in the exercise of their rights to self-
organization, to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing and to
engage in concerted activities for the purposes of collective bargain-
ing or other mutual aid or protection, as guaranteed in Section 7
of the National Labor Relations Act;
(b) Discouraging in any manner, directly or indirectly, mem-
bership in the Union or in any other labor organization of its
employees ;
R. C. CAN COMPANY 453
(c) Discharging, threatening, either directly or indirectly, or re-
fusing to reinstate any of its employees for joining the Union, or
any other labor organization of its employees;
(d) Discriminating, in any manner either directly or indirectly,
against any of its employees in regard to hire or tenure of employ-
ment for joining the Union, or any other labor organization of its
employees;
(e) Dominating, sponsoring , or interfering , either directly or in-
directly , with the formation or administration of any labor or-
ganization ;
(f) Refusing to bargain collectively with the Union as repre-
sentative of its employees engaged in productive work except fore-
men, assistant foremen, and persons receiving a salary, so long as
the Union shall continue to represent the majority of its said
employees;
(g) Entering into individual contracts with relation to employ-
ment with any of its employees , members of the Union engaged in
productive work, exclusive of foremen , assistant foremen, and per-
sons receiving salaries.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Offer to the following named persons , in order of seniority,
immediate and full reinstatement to their former positions without
prejudice to any rights and privileges previously enjoyed or accru-
ing to them ; except that the respondent shall place upon a preferred
list for reemployment in order of seniority such of the following
persons as have heretofore held positions which are now vacant by
reason of decreased or suspended production :
Aurelia Toth
Marie Doll
Flora Howard
Anna Tobin
Francis Newman
John Kuczinski
Ben Brezinski
Tom Bushardt
Josephine Flowers
Claudine Mandrell
Hazel Emons
Mavis Chilton
Lyman Tucker
(b) Pay immediately and to the following named persons, per-
sonally, the amounts hereinbelow set forth, as back pay :
William Sanders ---------------------------------------- $60.00
Aurelia Toth-------------------------------------------- 30.00
Andrew Rodgers ---- ------------------------------------ 65.00
Marie Doll---------------------------------------------- 65.00
Flora Howard ------------------- ---------------------- 45.00
Anna Tobin--------------------------------------------- 25.00
Francis Newman---------------------------------------- 30.00
John Kuezinski----------------------------------------- 100.00
454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Ben Brezinski------------------------------------------- $100.00
Tom Bushardt ------------------------------------------ 100.00
Josephine Flowers--------------------------------------- 35.00
Tyman Albert------------------------------------------- 24.00
Frank Szeptowsky -------------------------------------- 10.00
Claudine Mandrell--------------------------------------- 10.00
John Chilton-------------------------------------------- 10.00
Hazel Emons-------------------------------------------- 9.00
Mavis Chilton------------------------------------------- 10.00
Lyman Tucker ------------------------------------------ 9.00
Columbus Hastings--------------------------------------- 13 00
(c) Bargain collectively with the Union as the exclusive repre-
sentative of its employees engaged in productive work except fore-
men, assistant foremen, and persons receiving salaries, so long as
the Union shall continue to represent the majority of its said em-
ployees, with respect to rates of pay, wages, hours, and other condi-
tions of employment, and, if an understanding is reached on any
such said matters, embody said understanding in a written agree-
ment for a definite term, to be agreed upon, if requested to do so by
the Union;
(d) Immediately post and keep visible in a prominent place in
each department of the respondent's plant in the city of St. Louis,
Missouri, for a period of thirty (30) days, a notice stating that the
respondent will cease and desist as provided in paragraphs 1 (a)
through (g) hereof, and will take the affirmative action provided in
paragraphs 2 (a) through (d) hereof. Also, immediately send by
mail copies of said notice enclosed in a sealed and duly postpaid
wrapper, directed to each of the respondent's employees associated
with its plant at St. Louis, Missouri, and engaged in productive
work, except foremen, assistant foremen, and persons receiving sal-
aries, at their last known place of address who were not engaged
in work for the respondent May 12, 1938.
AND IT Is FURTHER ORDERED that the complaint, in so far as it per-
tains to the cases of Lillie McClard, Viola Ellebracht, Oma Shore,
G. A. Ross, Fred Zibell, Kate Mandrell, Leslie Miller, Clara Sadler,
and Delbert Mandrell, be, and it hereby is, dismissed.