Sa-Ga-Mor Metal Goods Corporation and Metalfield Incorporated

National Labor Relations Board - Board Decisions

May 8, 1939

12 N.L.R.B. 772 (N.L.R.B. 1939)

In the Matter of SA-GA-MOR METAL GOODS CORPORATION' and METAL-
FIELD INCORPORATED and MACHINE & INSTRUMENT LOCAL No. 1227
AFFILIATED WITH DISTRICT No. 4, UNITED ELECTRICAL, RADIO & MA-
CHINE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF IN-
DUSTRIAL ORGANIZATIONS
Case No. C-1239.-Decided May 8,1939
Metal Novelty Manufacturing Industry-Settlement : stipulation providing for
compliance with the Act-Order: entered on stipulation.
Mr. Christopher W. Hoey, for the Board.
Mr. Bernard F. Nathan, Mr. Sylvan H. Nathan, and Mr. Allan D.
Emil, of New York City, for the respondents.
Liebman, Robbins, Pressman & Leider, by Mr. Harold I. Cammer,
of New York City, and Mr. Frank Scheirer, of New York City, for
the Union.
Mr. Roscoe L. Barrow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Machine & In-
strument Local No. 1227, herein called the Union, the National Labor
Relations Board, herein called the Board, by Elinore M. Herrick, Re-
gional Director for the Second Region (New York City), issued its
complaint dated February 15, 1939, against Sa-Ga-Mor Metal Goods
Corporation and Metalfield Incorporated, herein called the respond-
ents, alleging that the respondents had engaged in and were engaging
in unfair labor practices 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
notices of hearing were duly served upon the respondents and the
Union.
1 The charge , complaint, and notice of hearing referred to this respondent as Sagamor
Metal Goods Inc., but it was later stipulated that the correct title is the title designated
above.
12 N. L. R. B., No. 84.
772
SA-GA-MOR METAL GOODS CORPORATION 773
Concerning the unfair labor practices, the complaint alleged, in
substance, that although the Union was the representative for col-
lective bargaining of a majority of the employees in a certain depart-
ment, an appropriate unit, the respondent Sa-Ga-Mor Metal Goods
Corporation refused to bargain with the Union, closed down the
department in which the members of the Union were employed, dis-
charged them, and advised them to apply for work with the respond-
ent Metalfield Incorporated; that Sa-Ga-Mor Metal Goods Corpora-
tion refused to reinstate these employees and in protest thereof the
production and maintenance employees of Sa-Ga-Mor Metal Goods
Corporation went on strike; that the Union attained a majority status
among all the production and maintenance workers, who, exclusive
of clerical and supervisory employees, constitute an appropriate unit,
but Sa-Ga-Mor Metal Goods Corporation refused to bargain with
the Union, closed its plant, and moved its place of business to another
State, thereby locking out its employees; that the employees have
applied to both respondents for reinstatement and were refused; and
that by these and other acts the respondents interfered with, re-
strained, and coerced their employees in the exercise of the rights
guaranteed by Section 7 of the Act.
On March 6,1938, the respondents filed their answers in which they
admitted the nature and scope of their business but denied the allega-
tions of unfair labor practices.
Pursuant to notices of postponements thereof duly served upon the
parties, a hearing was held on March 27, 29, 30, and 31, 1939, at New
York City, before William Seagle, the Trial Examiner duly desig-
nated by the Board. The Board, the Union, and the respondents
participated in the hearing and were represented by counsel. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing upon the issues was afforded all parties.
During the hearing the respondents and the Board entered into a
stipulation, dated March 28, 1939, covering the interstate-commerce
features of the business of both respondents. Also while the hearing
was in progress, the respondents, the Union, and counsel for the
Board entered into a stipulation, dated March 30, 1939, in settlement
of the case.
The latter stipulation provides as follows :
In settlement of this case , SA-GA -MOR METAL GooDs, INC.,
METALFIELD INCORPORATED, on behalf of themselves and their
successors or assigns , LOCAL 1227, UNITED ELECTRICAL, RADIO &
MACHINE WORKERS OF AMERICA, C. I. 0., and the NATIONAL LABOR
RELATIONS BOARD, SECOND REGION, through its attorney, agree
as- follows :
I. The correct corporate titles of respondents are SA-GA-MOR
METAL GOODS CORPORATION and METALFIELD INCORPORATED.
774 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. The respondents consent to the jurisdiction of the National
Labor Relations Board and concede that they engage in inter-
state commerce within the meaning of the National Labor Rela-
tions Act, and for that purpose consent that the Board can make
findings of fact on the basis of a stipulation now in evidence in
this proceeding and marked "Board's Exhibit 3".
III. SA-GA-MoR METAL GOODS CORPORATION and METALFIELD
INCORPORATED will not:
(a) Interfere with, restrain or coerce their employees in the
exercise of the right to self-organization, to form, join, or assist
labor organizations, to bargain collectively through representa-
tives of their own choosing, and to engage in concerted activities,
for the purpose of collective bargaining or other mutual aid or
protection.
(b) Discourage membership in any labor organization of its
employees, by discharging or threatening to discharge, or refus-
ing to reinstate, any of its employees, or otherwise discriminating
in regard to hire and tenure of employment or any term or con-
dition of employment, or by threatening such discrimination.
IV. SA-GA-MOR METAL GOODS CORPORATION and METALFIELD
INCORPORATED will take the following affirmative action in order
to effectuate the policies of the National Labor Relations Act:
(a) Pay to the Regional Director for the Second Region of
the National Labor Relations Board the sum of Seven Thousand
($7,000) Dollars to be distributed by the said Regional Director
in such amounts and among such of the employees named in
the Complaint herein as may be consented to by Local 1227,
United Electrical, Radio & Machine Workers of America, C. I. 0.
Respondents shall have no liability for the distribution of said
Seven Thousand ($7,000) Dollars, and its liability with reference
to payment shall be fully discharged upon its payment to the
Regional Director of the full sum of Seven Thousand ($7,000)
Dollars, as hereinafter provided.
The said sum of Seven Thousand ($7,000) Dollars is to be
paid to the Regional Director for the Second Region of the
National Labor Relations Board in the following amounts and
on the following dates :
May 15, 1939------------------------------------- $750.00
June 15, 1939------------------------------------- 750.00
July 15, 1939------------------------------------- 750.00
August 15, 1939----------------------------------- 1,187.50
September 15, 1939-------------------------------- 1,187.50
October 15, 1939---------------------------------- 1,187.50
November 15, 1939-------------------------------- 1,187.50
SA-GA-MOR METAL GOODS CORPORATION 775
(b) Post notices in conspicuous places in the plant of Metal-
field Incorporated at Milltown, New Jersey, stating :
(1) Employees of this company have the right to self-organ-
ization, 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) That such notices shall remain posted for a period of at
least thirty (30) days from the date of posting.
V. An order based on the terms of this agreement may be
made by the National Labor Relations Board.
VI. It is understood that by consenting to the entry of the
foregoing order, the respondents do not admit that they have
been guilty of any of the unfair labor practices mentioned
therein.
VII. A consent decree embodying the substance of such order
of the National Labor Relations Board may be entered in the
Circuit Court of Appeals for the appropriate Circuit, upon ap-
plication by the Board without notice to any party.
VIII. This stipulation is submitted subject to the approval
of the National Labor Relations Board at Washington, D. C.
DATED : New York, March 30, 1939
On April 1, 1939, the Board issued its order approving the above
stipulation, making it a part of the record in the case, and trans-
ferring the proceeding to the Board for the purpose of entering a
decision and order by the Board pursuant to the provisions of the
stipulation.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Sa-Ga-Mor Metal Goods Corporation has its principal office in
New York City. Prior to July 15, 1938, it was engaged in manu-
facturing and selling metal vanity cases and novelties. Its plant
was located in Long Island City, New York. During the period
commencing June 1, 1937, and ending June 1, 1938, it purchased
raw materials costing over $200,000, of which approximately 80 per
cent were shipped to the Long Island City plant from points outside
of New York. During the same period it manufactured and sold
products which grossed over $600,000. Approximately 51 per cent
of these products were sold and shipped outside New York State.
Sa-Ga-Mor Metal Goods Corporation is presently engaged in pur-
776 DECISIONS OF NATIONAL LABOR RELATIONS $0ARD
chasing raw materials for the use of Metalfield Incorporated and sell-
ing the finished products manufactured therefrom by Metalfield In-
corporated. During the period from September 1, 1938, to March 1,
1939, Sa-Ga-Mor Metal Goods Corporation purchased raw materials
costing over $50,000 for delivery to Metalfield Incorporated at Mill-
town, New Jersey, and 70 per cent of the raw materials so delivered
were shipped from points outside New Jersey. During the same
period Sa-Ga-Mor Metal Goods Corporation has sold goods manu-
factured by Metalfield Incorporated of a value exceeding $225,000,
of which 85 per cent were shipped from the Milltown plant to points
outside New Jersey.
Metalfield Incorporated has its principal office in New York City
and its factory at Milltown, New Jersey. Prior to August 1, 1938,
it was engaged in manufacturing and selling a novelty article bearing
the trade name "The Weekender" and in manufacturing and selling
a special shelf. Since August 1, 1938, it has continued the above
operations and has manufactured the articles sold by Sa-Ga-Mor
Metal Goods Corporation. The latter operation constitutes 95 per
cent of its business. During the period from June 1, 1937, to June 1,
1938, it received over $10,000 from the sale of the novelty and shelf.
During this period the factory was in Long Island City, New York.
Approximately 65 per cent of the finished products were shipped to
points outside New York State. The raw materials were purchased
by Sa-Ga-Mor Metal Goods Corporation.
We find that the operations of both respondents described above
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 en-
tire record in the case, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that the respondents, Sa-Ga-Mor Metal Goods Corporation,
New York City, and Metalfield Incorporated, New York City :
1. Shall not :
(a) Interfere with, restrain, or coerce their employees in the exer-
cise of the right 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;
(b) Discourage membership in any labor organization of its em-
ployees, by discharging or threatening to discharge, or refusing to re-
instate, any of its employees, or otherwise discriminating in regard
SA-GA-MOR METAL GOODS CORPORATION 777
to hire and tenure of employment, or any term or condition of em-
ployment, or by threatening such discrimination.
2. Shall take the following affirmative action in order to effectuate
the policies of the Act:
(a) Pay to the Regional Director for the Second Region of the
National Labor Relations Board the sum of $7,000 to be distributed
by the said Regional Director in such amounts and among such of the
employees named in the complaint herein as may be consented to by
Local 1227, United Electrical, Radio & Machine Workers of America,
C. I. 0. Respondents shall have no liability for the distribution of
said $7,000, and its liability with reference to payment shall be fully
discharged upon its payment to the Regional Director of the full
sum of $7,000 as hereinafter provided.
The said sum of $7,000 is to be paid to the Regional Director for
the Second Region of the National Labor Relations Board in the
following amounts and on the following dates :
May 15, 1939------------------------------------------ $750.00
June 15, 1939----------------------------------------- 750.00
July 15, 1939------------------------------------------ 750.00
August 15, 1939---------------------------------------- 1,187.50
September 15, 1939------------- ----------------------- 1,187.50
October 15 , 1939-------------------------------------- 1,187.50
November 15, 1939------------------------------------ 1,187.50
(b) Post notices in conspicuous places in the plant of Metalfield
Incorporated at Milltown, New Jersey, stating :
(1) Employees of this company have the right to self-organization,
to form, join , 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 or protection.
(2) That such notices shall remain posted for a period of at least
thirty (30) days from the date of posting.