Scharff Koken Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 26, 1941

30 N.L.R.B. 584 (N.L.R.B. 1941)

In the Matter Of SCHARFF KOKEN 'MANUFACTURING COMPANY and
AMERICAN FEDERATION OF LABOR and SCHARFF-KoKEN EMPLOYEESr
REPRESENTATION ASSOCIATION, PARTY TO THE CONTRACYI
Case No. C-188.-Decided March 26, 1941
Jurisdiction : corrugated paper box manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. L. N. D. Wells, Jr.,.for the Board.
Mr. Joseph A. Lennon, for the respondent.
Mr. Fred Olds, for the A. F. of L.
Mr. Harry Bauer and Mr. Henry Christman, for the Association.
Mr. Norman M. Neel, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by the- American
Federation of Labor, herein called the A. F. of L., the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Fourteenth Region (St. Louis, Missouri), issued
its complaint dated February 4, 1941, against Scharff Koken Manu-
facturing Company, herein called the respondent, alleging that it had
engaged in and was engaging in unfair labor practices affecting com-
merce within the meaning of Section 8 (1) and (2) 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, the A. F. of L. and upon Scharff-
Koken Employees' Representation Association, herein called the
Association.
The complaint alleged in substance that the respondent had dom-
inated and interfered with the formation and administration of the
Association and contributed financial and other support to it and
interfered with, restrained, and coerced its employees in the exer-
cise of the rights guaranteed in Section 7 of the Act.
30 N. L. R. B., No. 87.
584
SCHARFF KOKEN MANUFACTURING COMPANY 585
On February 15, 1941, before any hearing was held, the respond-
ent, the A. F. of L., the Association, and counsel for the Board,
entered into a stipulation in settlement of the case. The stipula-
tion provides as follows:
It is hereby stipulated and agreed by and between Scharff,
Koken Manufacturing Company hereinafter sometimes called
respondent, the American Federation of Labor, hereinafter
sometimes called the union, Scharff-Koken Employees' Repre-
sentation Association, hereinafter sometimes called the associ-
ation, and L. N. D. Wells, Jr., Regional Attorney for the
Fourteenth Region of the National Labor Relations Board,
as follows :
I
Charges and amended charges were filed by the union with the
Regional Director for the Fourteenth Region of the National
1Labor,.Relations Board, alleging that respondent had violated
Section 8, subsections (1) and (2) of the National Labor Rela-
tions Act. Thereafter on February 4, 1941, the National Labor
Relations Board through the Regional Director for the Four-
teenth Region duly issued its Complaint and Notice of Hearing,
alleging that respondent had engaged in and was engaging in
unfair labor practices affecting commerce within the meaning
of Section 8, subsections (1) and (2) and Section 2, subsec-
tions (6) and (7) of the National Labor Relations Act, 49
Stat. 449. The amended charges and the Complaint, together
with the Notice of Hearing and copies of the Rules and Regu-
lations of the National Labor Relations Board-Series 2, as,
amended, were duly served upon the respondent, the union, and
the association on February 5, 1941. Neither the respondent nor
the association filed any. answer to the.Board's complaint; and
both the respondent and the association hereby waive the
right to file an answer. k
II
By the waiver of its right to file an answer, and by entering
into this stipulation, respondent does not admit that it has
in any way violated the National Labor Relations Act or any
of the provisions thereof.
III
The respondent, Scharff Koken Manufacturing Company, is
a Missouri corporation engaged at 7900 Michigan Avenue, St.
586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Louis City, Missouri, in the manufacture, sale, and distribution
of fibre and corrugated paper boxes.
The respondent, in the course and conduct of its business
as aforesaid, now causes, and continuously has caused at all times
material hereto, a majority of the materials used in the manu-
facture, sale, and distribution of its aforementioned products to
be purchased and transported in interstate commerce from and
through states of the United States other than the state, of
Missouri to its aforementioned plant in St. Louis City, Mis-
souri ; and causes and continuously has caused at all times ma-
terial hereto a majority of the aforementioned products manu-
factured by it to be sold and transported in interstate commerce
from its said plant in St. Louis City, Missouri; to, into, and
through states of the United States other than the state of
Missouri. -
The respondent agrees and admits that it is engaged in inter-
state commerce within the meaning of Section 2, subsections (6)
and (7) of the National Labor Relations Act, and that it is,
therefore, subject to the jurisdiction of the National Labor Re-
lations Board.
All parties hereto expressly . agree that the National Labor
Relations Board may forthwith make jurisdictional findings
based upon the facts stipulated in this paragraph and that the
Board may find that the above-described operations of the re-
spondent constitute a continuous flow of trade, traffic, and com-
merce among the several states.
IV
All parties hereto agree that the amended charge, Complaint,
and Notice of Hearing referred to in Paragraph I above, and
this Stipulation shall constitute the entire record in this cause
and that said documents shall become the record herein by
filing with the -Chief Trial Examiner of the National Labor
Relations Board at Washington, D. C.
V
All parties hereto expressly waive the right to a hearing in
this matter and the making of findings of fact and conclusions
of law by the National Labor Relations Board, and expressly agree
and consent that the National Labor Relations Board may forth-
with enter an order providing as follows : -
"The respondent, Scharff Koken Manufacturing Company, its
officers, agents, successors, and assigns shall :
SCHARFF KOKEN MANUFACTURING COMPANY 587
1. Cease and desist from :
(a) Questioning its employees concerning their affiliation with
the American Federation of Labor and/or warning its em-
ployees to refrain from affiliating with said organization or to
'cease affiliation with said organization;
(b) Dominating or interfering with the administration of
Scharff Koken Mfg. Co. Employees' Representation Plan and
Scharff-Koken Employees' Representation Association, or the
formation, and administration of any other labor organization
'of its employees, and from contributing financial or other sup-
port to said association or to any other labor organization of its
employees ;
(c) Recognizing Scharff-Koken Employees' Representation
Association as the representative of any of its employees for
the purpose of dealing with the respondent concerning griev-
ances, labor disputes, wages, rates of pay, hours of employment,
or conditions of work;
(d) Giving effect to its contract of August 2, 1940, or any
other contract it may have entered into with Scharff-Koken
Employees' Representation 'Association in respect to rates of
pay, wages, hours of employment, or other conditions of work;
and
(e) In any other manner interfering with, restraining, or
coercing its employees in the exercise of their right to self-
organization, to form, join, or assist labor organizations, to bar-
gain collectively through representatives of their own choosing,
and' to engage in concerted activities for the purposes of col-
lective bargaining or other mutual aid or protection.
.2. Take the following affirmative action to effectuate the pol-
icies of the Act :
(a) Withdraw all recognition from Scharff-Koken Employ-
ees' Representation Association as' the representative of any
of its employees for the purpose of dealing with the respondent
concerning grievances, labor disputes, wages, rates of pay, hours
of employment, or conditions • of employment, and completely
disestablish Scharff-Koken Employees' Representation Associ-
ation as such representative;
(b) Immediately post and keep posted for a period of at
least 60 days from the date of posting in conspicuous places
throughout its St. Louis plant, notices to its employees stat-
ing (1) that the respondent will cease and desist in the manner
set forth in paragraphs I (a), (b), (c), (d), and (e) of this Order,
(2) that it will take the affirmative action set forth in para-
graph 2 (a) of this Order, and (3) that the contract of Au-
588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gust 2, 1940, or any extensions or renewals thereof with the
Scharff-Koken, Employees' Representation Association is void
and of no effect;
(c) Notify the Regional Director for the Fourteenth Re-
gion in writing within ten (10) days from the date of this
Order what steps respondent has taken to comply herewith.
VI
The parties hereto consent to the entry'by any United States
-Circuit Court of Appeals of an enforcement order embodying the
terms of the Board's Order agreed to above, and all parties
hereby waive further notice of the application for and , the
entry of such court order.
VII
All stipulations herein made are subject to the approval of the
National Labor Relations Board, and should the National Labor.
Relations Board fail to approve the terms and conditions con-
tained herein, this stipulation shall be entirely void and of no
effect, "and the proceedings in this matter shall be in the status
as if no stipulation had been entered into.
VIII
The entire agreement of the parties hereto is contained within
this stipulation, and there is no other agreement, verbal or
written, which in any way varies 'or -alters the agreement con-
tained herein. ,
On February 24, 1941, the Board issued its order approving the
above stipulation, making it a part of the record in the case, and
transferring the proceeding to the Board for the purpose of entry
of a decision and order by' the Board pursuant to its provisions of
the stipulation.
Upon the basis of the above stipulation and the. entire record in
the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Scharff Koken Manufacturing Company is, a Missouri corpora-
tion engaged in the manufacture, sale, and distribution of fibre and
corrugated paper boxes at St. Louis, Missouri. The respondent
causes a majority of the material used in the manufacture, sale, and
SCHARFF KOKEN MANUFACTURING COMPANY 589
distribution of its products to be purchased and transported in
interstate commerce from and,through States of the United States
other than the State of Missouri to its plant at St. Louis, Missouri.
It ships a majority of its products to points outside the State of
Missouri. The respondent admits that it is engaged. in interstate
commerce within the meaning of the Act.
We find that the operations above described constitute a con-
tinuous flow of trade, traffic, and commerce among the several
Mates.
H. THE ORGANIZATIONS INVOLVED
The American Federation of Labor and Scharff-Koken Employees'
Representation Association are labor organizations within the mean-
ing of Section 2 (5) of the Act. ,
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 the respondent Scharff Koken Manufacturing
Company, its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Questioning its employees concerning their affiliation with the
American Federation of Labor and/or warning its employees to
refrain from affiliating with said organization or to cease affiliation
with said organization;
(b) Dominating ror.,interferixig with the administration of Scharff
Koken Mfg. Co. Employees' Representation Plan and Scharff-Koken
Employees' Representation Association, or the formation and ad-
ministration of any other labor organization of its employees, and
from contributing financial or other support to said association or to
any other labor organization of its employees;
(c) Recognizing Scharff Koken Employees' Representation Asso-
ciation as the, representative of any of its employees for the pur-
pose of dealing with the respondent concerning grievances, labor dis-
putes, wages, rates, of pay, hours, of employment, or conditions of
work;
(d) Giving effect to its contract of August 2, 1940, or, any other
contract it may have entered into with Scharff-Koken Employees'
Representation Association in respect to rates of pay, wages, hours
of employment, or other conditions of work; and
(e) In any other manner interfering with, restraining, or coerc-
ing its employees in the exercise of their right to self-organization,
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 protection.
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Withdraw all -recognition from Scharff-Koken Employees'
Representation Association as the representative of any of its em-
ployees for the purpose of dealing with the respondent concerning
grievances, labor disputes, wages, rates of pay, hours of employment,
or conditions of employment, and completely disestablish Scharff-
Koken Employees' Representation Association as such representative;
(b) Immediately post and keep posted for a period of at least
60 days from the date of posting in conspicuous places throughout
its St. Louis plant, notices to its employees stating (1) that the
respondent will cease and desist in the manner set forth in para-
graphs 1 (a), (b), (c), (d), and (e) of this Order, (2) that it
will take the affirmative action set forth in paragraph 2 (a) of this
Order, and (3) that the contract of August 2, 1940, or any exten-
sions or renewals thereof with the Scharff-Koken Employees' Rep-
resentation Association is void and of no effect;
(c) Notify the Regional Director for the Fourteenth Region in
writing within ten (10) days from the date of this Order what
steps respondent has taken to comply herewith.