R. G. Le Tourneau, Inc.

National Labor Relations Board - Board Decisions

Feb 21, 1941

29 N.L.R.B. 994 (N.L.R.B. 1941)

In the Matter of R. G., LE ToURNEAU, INC. and INTERNATIONAL
BROTHERHOOD OF BOILER MAKERS, IRON SHIP BUILDERS, WELDERS
AND HELPERS OF AMERICA, LOCAL UNION No. 158 and LE TOURNEAU
EMPLOYEES UNION, PARTY TO THE CONTRACT
Case No. C-1805.-Decided February 21, 1941
Jurisdiction : grading equipment manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Stephen M. Reynolds, for the Board.
Mr. Clifton TV. Brannon, of Toccoa, Ga., and Miller, Elliott and
Westervelt, of Peoria, Ill., for the respondent.
Mr. Samuel L. Curry, of East Peoria, Ill., for the Union.
Mr. Carl Stone, of Peoria, Ill., for the L. E. U.
Miss Mary E. Perkins, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by the International
Brotherhood of Boiler Makers, Iron Ship Builders, Welders and
Helpers of America, Local Union No. 158, herein called the Union,
the National Labor Relations Board, herein called the Board, by
the Regional Director for the Thirteenth Region (Chicago, Illinois),
issued its complaint dated December 27, 1940, against R. G. Le
Tourneau, Inc., herein called the respondent, alleging that the re-
spondent had engaged in and was engaging in unfair labor practices
affecting commerce, within the meaning of Section 8 (1), (2), and
(3) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. Copies of the complaint with notice of hearing thereon
to be held January 16, 1941, were duly served upon the respondent,
the Union, and the Le Tourneau Employees Union, herein called the
L. E. U.
Concerning the unfair labor practices the complaint alleged in
substance that the respondent (1) dominated and interfered with
the formation, in April 1937, of the L. E. U., a labor organization
29 N. L. R. B., No. 141
994
R. G. LE TOURNEAU, INC. 995
among its employees , and subsequently interfered with its • admin-
istration and contributed financial and other support to it; (2) by
entering into an exclusive bargaining and closed shop contract with
the L . E. U., and by discharging , on specified dates , 30 of its em-
ployees and subsequently refusing to reemploy them, because they
had joined the Union and engaged in concerted activities with other
employees for the purpose of collective bargaining and other mutual
aid and protection, discouraged membership in the Union; and (3)
by the foregoing and other enumerated acts, interfered with, re-'
strained and coerced its employees in the exercise of rights guaran-
teed in Section 7 of the Act.
On January 6, 1941, the respondent filed its answer denying all
the material allegations as to unfair labor practices and moved to
continue the hearing for 30 days . On January 8, 1941 , the Re-
gional Director ordered that the hearing be continued until January
27, 1941. On January 22, 1941, the L. E. U. petitioned for leave
to intervene in the proceedings.
On January 24, 1941, the respondent, the Union, the L. E. U., and
an attorney for the Board entered into a stipulation in settlement
of the case subject to the approval of the Board. The stipulation
provides as follows : - '
IT IS HEREBY STIPULATED AND AGREED , By and between R. G.
Le Tourneau , Inc., hereinafter called the Respondent , Inter-
national Brotherhood of Boiler Makers, Iron Ship Builders,
Welders and Helpers of America, Local Union No. 158, here-
inafter called the Union , LeTourneau Employees Union, here-
inafter called the L . E. U., and Stephen M. Reynolds , Attorney,
National Labor Relations Board, that :
(1) Upon amended charges, duly filed by the Union through
Samuel L. Curry as accredited agent and representative of the
Union for this purpose , the National Labor Relations Board,
hereinafter called the Board, by G. L. Patterson, Regional Di-
rector for the Thirteenth , Region, acting pursuant to authority
granted in Section 10 (b) of the National Labor Relations Act,
49 Stat. 449, hereinafter called the Act, and , pursuant to Article
II, Section 5 and Article IV, Section 1 of the National Labor
Relations Board Rules and Regulations , Series 2, as amended,
duly issued a Complaint and Notice of Hearing thereon on
December 27, 1940, against Respondent. The Complaint and
Notice of Hearing thereon, the Second Amended Charge and a
copy of the National Labor Relations Board Rules and Regula-
tions, Series 2 as amended , were duly served upon ' Respondent,
the L. E. U., and the Union.
41 3 60 2-42-vol 20--64
996 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD
(2) This Stipulation and Agreement , together with the Sec-
ond Amended Charge, the National Labor Relations Board
' Rules and Regulations , Series 2, as amended, complaint and
Notice of Hearing, Affidavit of Service of Complaint and Notice
of Hearing , Answer of Respondent , Respondent 's Written Mo-
tion for Continuance , Order Granting Continuance and Affidavit
of Service of Order, shall constitute the entire record in this
case, and may be filed with the Chief Trial Examiner of the,
Board, Washington, D. C.
(3) All parties hereto waive their right to a hearing and to
the making of Findings of Fact and Conclusions of Law by the
Board herein, and to any other or further procedure before
said Board.
(4) Respondent is now and has been since on or before Janu-
ary 1 , 1937, a corporation organized under and existing by virtue
of the laws of the State of California , having its principal office
and place of business in the City of Peoria , Illinois . Respond-
ent operates plants in Peoria, Illinois, and Stockton , California,
where it is engaged in the manufacture , sale, and distribution of
heavy grading equipment , including angle dozers , buggies, bull-
dozers, cranes , tournapulls , rooters, scrapers , sheep's foot rollers,
and other heavy machinery products . The principal raw ma-
terials used by Respondent in the course and conduct of its
business and in the operation of its plant in Peoria , Illinois,
hereinafter called the "plant," which plant is alone involved
herein, consist of sheet steel , iron, copper , lumber, paint, glass
and other materials , quantities of which Respondent causes to
be purchased and transported in interstate commerce from and
through States of the United States other than the State
of Illinois, to the plant.
In the calendar year of 1940 the total value of raw materials
purchased by Respondent for the plant was approximately Two
Million Eight Hundred Thousand Dollars ($2,800,000 ), of which
Two Million Six Hundred Thousand Dollars ($2,600,000) rep-
resented purchases and shipments to 'the plant from points out-
side of the State of Illinois.
In the calendar year of 1940 Respondent did cause large.
quantities of finished products manufactured at the plant to be
sold and transported in interstate commerce from the plant to,
into , and through States of the United States other Than the
State of Illinois.
Of its total approximate sales of Nine Million , Seven Hundred
Thousand Dollars ($9,700,000 ) for the calendar year 1940, ap-
proximately Nine Million Four Hundred Seventy-four Thou-
R. G. LE TOURNEAU, INC. 997
sand Dollars ($9,474,000) represents sales and shipments
to points outside the State of Illinois and to foreign countries.
Respondent agrees that it is engaged in interstate commerce
within the meaning of Section 2 (6) and (7) of the Act.
(5) The Union and the L. E. U. are labor organizations within
the meaning of Section 2, Subdivision (5) of the Act.
(6) It is understood and agreed that in the event any of the
employees mentioned in Part 2 of the proposed order have been
drafted for service under the Selective Service Act, or shall be
so drafted between the date hereof and the offer of reinstatement
provided for in said order, the conditions of this Stipulation
and Agreement and said order shall be deemed to be complied
with, if the Company shall upon his request made within a
reasonable time, after discharge from such service offer to such
employee full reinstatement to his former or substantially equiv-
alent position without prejudice to his seniority and other rights
and privileges.
(7) Upon the basis of the pleadings in this matter and this
Stipulation and Agreement, if approved by the Board , an order
may forthwith be entered by the Board as follows :
R. G. Le Tourneau , Inc., its officers , agents, successors, and
assigns , shall:
1. Cease and desist from :
(a) Discouraging membership in the International Broth-
erhood of Boiler Makers, Iron Ship Builders, Welders and
Helpers of America, Local Union No. 158, or any other
labor organization of its employees , by discharging its em-
ployees or in any manner discriminating in regard to their
hire and tenure of employment or any term or condition of
employment;
(b) Dominating or interfering with the administration of
Le Tourneau Employees Union or the formation or admin-
istration of any other labor organization of its employees,
and from contributing support to Le Tourneau Employees
Union or any other labor organization of its employees;
(c) Recognizing Le Tourneau Employees Union as the
representative of any of its employees , for the purposes of
dealing with the Respondent concerning grievances, labor
disputes , rates of pay, wages , hours of employment and
other conditions of work;
(d) In any manner giving effect to its contract of March
30, 1938, with LeTourneau Employees Union, or to any
extension of, renewal , modification or supplement thereof,
or to any superseding contract which may now be in force;
DECISIONS OF NATIONAL LABOR RELATIONS -BOARD998
(e) In any other 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 representatives of their own
choosing, and to engage in concerted activities, for the pur-
pose of collective bargaining or other mutual aid or
protection.
2. Take the following affirmative action to effectuate the
policies of the Act :
(a) Offer to Fred Shuemaker immediate and full rein-
statement to his former, or substantially equivalent posi-
tion, without prejudice to his seniority, and other rights
and privileges, until March 14, 1941, and on March 14,
1941, offer the said Fred Shuemaker employment as a
welder, without prejudice to his seniority and other rights
and privileges;
(b) Offer to Harley Ulrich, Jesse Curry, Elbert Gregory,
Dellie Ray Gipson, Lawrence Schoch, W.,Bennett Marshall,
William F. Rose, Samuel E. Curry, Darrel C. Munton,
Nelson Kuykendall, Leo W. Brown, Jr., Herschel Smith,
Wayne Adams, Victor B. Hinderliter, Walter Curry, George
R. Kneer, Jr., William D. Burkett, Philip Abraham, Joe
Wys, Albert Abraham, Lloyd W. Munton, Dean Munton,
Louis J. Vallosio, Alben J. Boldry, Hubert Lowry, Ken-
neth Judson, Wilbert W. Garmann, Kenneth R. Starns,
and Bruce R. Fell, immediate and full reinstatement to
their former, or substantially equivalent positions, without
prejudice to their seniority and other rights and privileges;
(c) Make whole the employees named in Paragraph 2
(a) and 2 (b) of this Order by the payment to each of
them of the sum set opposite his name, as follows :
Name of employee :
FRED SHUEMAKER--------------------------------
HARLEY ULRICH--------------- -----------------
JESSE CURRY---------------------------------------
ELBERT GREGORY -----------------------------------
DELLIE RAY GIPSON--------------_-----------------
LAWRENCE SCHOCH---------------------------------
`V. BENNETT MARSHALL---------- ------------------
WILLIAM F. ROSE----------------------------------
SAMUEL E. CURRY---------------------------------
DARREL C MUNTON---------------------------------
NELSON KUYKENDALL ------------------------------
LEO W BROWN, Jr---------------------------------
EIERSCHEL SMITH -------------- ------------------
WAYNE ADAMS_____________________________________
Arlo u nt
$750.00
1,270.56
1,175 00
1,169.36
811. 94
1,220.87
1,090 28
617. 78
812. 85
291. 59
814. 36
1,372.95
1,258.57
858.50
R. G. LE TOURNEAU, INC . 999
VICTOR B. HINDERLITER------------------------------- $1,254.77
WALTER CURRY ------------------------------------ 461.10
GEORGE R. KNEER, Jr------------------------------- 894.98
WILLIAM D. BURKETT-------------------------------- 655.25
PHILIP ABRAHAM---------------------------------- 450.25
JOE WYS------------------------------------------ 1,010 77
ALBERT ABRAHAM ---------------------------------- 479.55
LLOYD W MUNTON--------------------------------- 927.38
DEAN MUNTON-------------------------------------- 973.30
Louis J. V_LLOSIO--------------------------------- 72:3.40
ALBEN J. BOLDRY----------------------------------- 9'51 11
KENNETH HUDSON--------------------------------- 752 22
WILBERT W. GARMANN----------------------------- 1,414 96
KENNETH R. STARNS------------------------------- 831 69
BRUCE R FELL------------------------------------ 687.61
HUBERT LOWRY----------------------------------- 944.66
(d) Withdraw and withhold from Le Tourneau. Em-
ployees Union, and any successor organization thereto, all
recognition as representative of any of its employees, for
the purposes of dealing with Respondent concerning griev-
ances, labor disputes, rates of pay, wages, hours of em-
ployment or other conditions of work, and completely dis-
establish Le Tourneau Employees Union as such repre-
sentatives;
(e) Post immediately in conspicuous places at its Peoria
plant, and maintain for a period of at least sixty (60) con-
secutive days from the date of posting, notices to its em-
ployees stating that :
(1) The Respondent will not engage in the conduct from
which it is ordered to cease and desist in Paragraphs 1 (a),
(b), (c), (d), and (e) of this Order;
(2) The Respondent will take the affirmative action set
forth in Paragraphs 2 (a), (b), (c), (d), and (e) of this
Order;
(f) File with the Regional Director for the Thirteenth
Region within ten (10) days from the entry of this Order, a
report in writing setting forth in detail the manner and
form in which it has complied with the provisions of this
Order.
(8) After the entry of the Order by the Board, as provided in
this Stipulation and Agreement, the Circuit Court of Appeals
of the United States, for the Seventh Circuit, may, upon appli-
cation by the Board and without notice to Respondent, enter a
decree enforcing in full the said Order of the Board, and each
1000 DECISIONS OF- NATIONAL LABOR RELATIONS BOARD
of the parties hereto hereby consents to the entry of such decree
and hereby waives any and all requirements of notice of the
filing of such application by the Board.
(9) It is understood and agreed that the entire agreement by
and between the' parties hereto is contained within the terms of
this Stipulation and Agreement and Consent Order, and that
there is no verbal agreement of any, kind which varies, alters,
or adds to this Stipulation and Agreement.
On February. 6, 1941, the Board issued its order approving the
above stipulation, making it a part of the record in they case, and,
pursuant to Article II, Section 36, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, transferring the
proceeding to and continuing it before the Board for the purpose
of entry of a decision and order by the Board pursuant to the pro-
visions of the stipulation.
Upon the basis of the said stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
R. G. Le Tourneau, Inc., is, a corporation organized and existing
under the laws of the State of California, having its principal office
and place of business in the City of Peoria, Illinois.
The respondent operates plants.in Peoria, Illinois, and in Stockton,
California, where it is engaged in the manufacture, sale, and dis-
tribution of heavy grading equipment. During 1940 the respondent
purchased for use, in its operations at its Peoria plant raw materials
consisting of sheet steel, iron, copper, lumber, and other materials
valued at approximately $2,800,000. Of this amount about $2,600,000
represented materials purchased and shipped to the plant from
points outside the State of Illinois. During the same period the
respondent manufactured at its Peoria plant finished products which
were sold for approximately $9,700,000. Of this amount approxi-
mately $9,474,000 represented sales and shipments to points outside
the State of Illinois and to foreign countries.
We find that the above-described operations constituted a contin-
uous flow of trade, traffic, and commerce among the several States.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Boiler Makers, Iron Ship Builders,
Welders and Helpers of America, Local Union No. 158 and Le Tour-
neau Employees Union are labor organizations..
R. G. LE TOURNEAU , INC. 1001
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 respondent , R. G. Le Tourneau, Inc. , its offi-
cers, agents , successors or assigns , shall:
1. Cease and desist from :
(a) Discouraging membership , in the International Brotherhood
of Boiler Makers, Iron Ship Builders, Welders and Helpers of
America, Local Union No. 158, or any other labor organization of
its employees , by discharging its employees or in any manner dis-
criminating in regard to their hire and tenure of employment or any
term or condition of employment;
(b) Dominating or interfering with the administration of Le
Tourneau Employees Union or the formation or administration of
any labor organization of its employees , and from contributing sup-
port to Le Tourneau Employees Union or any other labor organiza-
tion of its employees;
(c) Recognizing Le Tourneau Employees Union as the representa-
tive of any of its employees , for the purposes of dealing with the
Respondent concerning grievances , labor disputes , rates of pay,
wages, hours of employment and other conditions of work;
(d) In any manner giving effect to its contract of March 30, 1938,
with Le Tourneau Employees Union, or to any extension of, renewal,
modification or supplement thereof , or to any superseding contract
which may now be in force;
(e) In any other 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 representatives of their own choosing , and to, engage in
concerted activities , for the purpose of collective bargaining or other
mutual aid or protection.
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Offer to Fred Shuemaker immediate and full reinstatement to
his former , or substantially equivalent position , without prejudice to
his seniority , and other rights and privileges , until March 14, 1941,
and on March 14, 1941, offer the said Fred Shuemaker employment
as a welder , without prejudice to his seniority and other rights and
privileges;
(b) Offer to Harley Ulrich, Jesse Curry , Elbert Gregory, Dellie
Ray Gipson, Lawrence Schoch, W. Bennett Marshall, William F.
Rose, Samuel E. Curry, Darrel C. Munton, Nelson Kuykendall, Leo
1002 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
W. Brown, Jr., Herschel Smith, Wayne Adams, Victor B. Hinder-
liter, Walter Curry, George R. Kneer, Jr., William D. Burkett,
Philip Abraham, Joe Wys, Albert Abraham, Lloyd W. Munton, Dean
Murton, Louis J. Vallosio, Alben J. Boldry, Hubert Lowry, Ken-
neth Judson, Wilbert W. Garmann, Kenneth R. Starns, and Bruce
R. Fell, immediate and full reinstatement to their former, or sub-
stantially equivalent positions, without prejudice to their seniority
and other rights and privileges;
(c) Make whole the employees named in Paragraph 2 (a) and
2 (b) of this Order by the payment to each of them of the sum
set opposite his name, as follows :
Name of employee : Amount
FRED SHUEMAKER --------------------------------- $750.00
HARLEY ULRICH----- ------------------------------------ 1,270.56
JESSE CURRY-------------------------------------------- 1,175.0'0
ELBERT GREGORY ---------------------------------------- 1,169.36
DELLIE RAY GIPSON------------------------------------- 811.94
LAWRENCE SCHOCH-------------------------------------- 1,220.87
W. BENNETT MARSHALL---------------------------------- 1,090.28
WILLIAM F. ROSE--------------------------------------- 617.78
SAMUEL E CURRY--------------------------------------- 812.85
DARREL 'C. MUNTON----- -------------------------------- 291. 59
NELSON KUYKENDALL -------_..j------------------------ 814. 36
LEO W. BROWN, Jr-------------------------------------- 1,372.95
HERSCHEL SMITH --------------------------------------- 1,258. 57 ,
WAYNE ADAMS------------------------------------------ 858 50
VICTOR B. HINDERLITER---------------------------------- 1,254.77
WALTER CURRY ----------------------------------------- 461.10
GEORGE ' R KNEER, Jr------------------------------------ 894.98
WILLIAM D BURKETT------------------------------------ 655.25
PHILIP ABRAHAM--------------------------------------- 450.25
JOE WYs----------------------------------------------- 1,010.77
ALBERT ABRAHAM --------------------------------------- 479.55
LLOYD W.,MUNTON-------------------------------------- 927.38
DEAN MUNTON------------------------------------------ 973.30
Louis J. VALLOSIO-------------------------------------- 723.40
ALBEN J. BOLDRY---------------------------------------- 951.11
KENNETH HUDSON-------------------------------------- 752.22
WILBERT W. GARMANN---------------------------------- 1,414.96
KENNETH R . STARNS------------------------------------ 831.69
BRUCE R. FELL----------------------------------------- 687.61
HUBERT LOWRY----------------------------------------- 944.66
(d) Withdraw and withhold from Le Tourneau Employees Union,
and any successor organization thereto, all recognition as representa-
tive of any of its employees, for the purposes of dealing with Re-
spondent concerning grievances, labor disputes, rates of pay, wages,
hours of employment or other conditions of work, and completely
disestablish Le Tourneau Employees Union as such representative;
R. G. LE TOURNEAU, INC. 1003
(e) Post immediately in conspicuous places at its Peoria plant,
and maintain for a period- of at least sixty (60) consecutive days
from the date of posting, notices to its employees stating that :
(1) The Respondent will not engage in the conduct from which it
is ordered to cease and desist in Paragraphs 1 (a), (b), (c), (d), and
(e) of this Order;
(2) The Respondent will take the affirmative action set forth in
Paragraphs 2 (a), (b), (c), (d), and (e) of this Order;
(f) File with the Regional Director for the Thirteenth Region
within ten (10) days from the entry of this Order, a report in writ-
ing setting forth in detail the manner and form in which it has
complied with the provisions of this Order.