Scullin Steel Co.

National Labor Relations Board - Board Decisions

Dec 11, 1941

37 N.L.R.B. 473 (N.L.R.B. 1941)

In the Matter of SCULLIN STEEL COMPANY, A CORPORATION and STEEL
WORKERS ORGANIZING COMMITTEE, LOCAL No. 1062, AFFILIATED WITH
THE C. I. O. and SCULLIN STEEL COMPANY EMPLOYEES' MUTUAL AID
ASSOCIATION, PARTY TO THE CONTRACT
Case No. C--010-Decided December 11, 1941
Jurisdiction : steel products manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Jack G. Evans and Mr. Bertram Diamond, for the Board.
Carter d Small, by Mr. James E. Garstang, of St. Louis, Mo., for
the respondent.
Mr. Ray Hartlein and Mr. A. F. Kojetin.sky, of St. Louis, Mo., for
the Union.
Mr. Robert W. Hall, of St. Louis, Mo., for the Association.
Mr. Robert N. Cook, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon an amended charge 1 duly filed by Steel Workers Organizing
Committee, Local No. 1062, affiliated with the Congress of Industrial
Organizations, hereinafter called the 4Union, the National Labor Rela-
tions Board, herein called the Board, by the Regional Director for
the Fourteenth Region (St. Louis, Missouri), issued its complaint
dated October 24, 1941, and its amended complaint 2 dated November
3, 1941, against Scullin Steel Company, a Corporation, St. Louis, Mis-
souri, herein called the respondent, alleging that the respondent ,had
engaged in and was engaging in unfair labor practices affecting coin-,
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
1 The original charge was filed on July 16, 1941 ; the amended charge on October 24,
1941.
2 The complaint was amended at the hearing before the Trial Examiner with the consent
of all parties.
37 N. L. R. B, No. 78.
473
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474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
called the Act. Copies of the complaint accompanied by notice of
hearing-were duly served upon the respondent, the Union, and the
Scullin Steel, Company Employees' Mutual Aid Association, herein
called the Association, the labor organization allegedly' dominated by
the respondent.
Concerning the unfair ,labor practices, the amended complaint
alleged, in substance: (1) that during the year 1933 the respondent
initiated, formed, and sponsored a labor organization among its em-
ployees known as Scullin Employees' Association, and that on or about
September 19, 1937, the respondent dominated, contributed support to,
and interfered with the administration of this labor organization;
(2) that on or about September 19, 1937, the respondent initiated,
formed, and sponsored the Association, as a continuation and successor
to Scullin Employees' Association, and that thereafter the respondent
dominated, contributed support to, and interfered with the adminis-
tration of the Association; (3) that as a consequence of and a continu-
ation of a plan of interference with the rights of its employees as
guaranteed in Section 7 of the Act, the respondent has entered into a
contract with the Association; (4) that on or about August 1, 1940,
and thereafter, the respondent warned its employees not to join, form,
or assist any outside labor organization.
On October 27, 1941, the respondent filed .an answer to the com-
plaint in which it denied the allegations of -unfair labor practices and
alleged certain affirmative matters. On November 1, 1941, the Associ-
ation filed an answer to the complaint in which it denied all allegations
that it was formed, dominated, or supported by the respondent, and
alleged certain affirmative matters.
Pursuant to notice, a hearing was held on November 3 and 4, 1941,
at St. Louis, Missouri, before Horace A. Ruckel, the Trial Examiner
duly designated by the Chief Trial Examiner. The Board, the re-
spondent, the Union, and the Association were represented by counsel.
The complaint, the answer of respondent, and the answer of the
Association were amended with the consent of all parties. On No-
vember 15, 1941, the respondent, the Union, the Association, and the
attorneys for the Board entered into a stipulation in settlement of the
case. The stipulation provides as follows :
STIPULATION AND ACPEEMENT
It is hereby stipulated and agreed by 'and between counsel ' and
representatives for Scullin Steel Company, a corporation, here-
inafter called respondent; Steel Workers Organizing Committee,
Local No. 1062, affiliated with the C. I.' O.,'hereinafter called"the
charging union; Scullin Steel Company Employees' Mutual Aid
Association, hereinafter called the association ; and Jack G, Evans
SCULLIN STEEL COMPANY 475
and Bertram Diamond, attorneys, National Labor Relations
Board; as follows :
I
Upon charges, as amended, duly filed by the charging union,
through Joseph Dernoncourt, an accredited agent and represent-
ative of the charging union for that purpose, the National Labor
Relations Board, hereinafter called the Board; by 'Dorothea de
Schweinitz, a Regional Director for the Fourteenth Region (St.
Louis, Missouri) acting pursuant to authority granted in Section
,10 (b) of the National Labor Relations Act, 49 Stat., 449, herein-
after called the Act, and pursuant to -Article,II, Section 23 ,[sic]
and Article IV, Section 3 [sic] of the National Labor Relations
Board Rules and Regulations, Series 2, as amended, duly issued a
Complaint and Notice of Hearing thereon against respondent on
October 25, 1941. True and correct copies of Complaint and
Notice of Hearing, Amended Charge, and Board Rules and Reg-
ulations, Series 2, as. amended, were duly served upon all the
parties.
On October 27, 1941 respondent filed an Answer to the Com-
plaint. On November 1, 1941 the association filed an Answer
to the Complaint. Pursuant to Notice of Heating, a hearing
,was conducted before Horace A. Ruckel, a Trial Examiner,
duly designated by the Board, in Room 516, U. -S. Court House
and Custom House, St. Louis, Missouri, on November 3 and 4,
1941. _
During the hearing an Amended Complaint was filed and served
upon all parties. The answers of respondent and the association
-were duly received as answers to the Amended Complaint. '
II
All the parties hereto expressly waive further hearing in this
matter, Intermediate Report of the Trial Examiner, right to
file exceptions and to argue orally before the Board, and the
making of findings of fact and conclusions of law by the Board.
III
Respondent is now and , has been since November 1937 a cor-
poration organized under , and existing by virtue of the laws
of the State of Missouri , with its principal office and place of
business at St. Louis, Missouri: Prior to November 1937, re-
spondentwas a Delaware corporation.
In the course and conduct '.of its business , respondent maintains
and operates a plaiit , at St: Louis, {Missouri and there engages
C-A
476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the manufacture , sale, and distribution of undertrucks for
railroad freight cars , open hearth steel castings , and shell cas-
ings. During the year 1941 up to November 1, respondent pur-
chased raw materials such as natural gas, pig iron , scrap iron,
ferro manganese, limestone, and alloys, among others, which cost
approximately $210,000 monthly . All of the pig iron, alloys used
in the production of steel, limestone , scrap iron, and natural gas
used in the operation of open -hearth furnaces , was transported
from points outside the State of Missouri to the plant . During
the same period , respondent produced and sold finished products
amounting to approximately $650,000 monthly, of which approxi-
mately 70 % represents shipments of such products from the plant
to points outside the State of Missouri.
Respondent is engaged in interstate commerce within the mean-
ing of the Act.
IV
The charging union and the association are labor organizations
within the meaning of Section 2 (5) of the Act.
V
All the parties hereto expressly agree that the record in this
matter shall . consist of the documents referred to in paragraph I
hereof and this stipulation and agreement . All the parties hereto
expressely agree to exclude from the record the transcript of
testimony and the exhibits referred to therein taken before the
Trial Examiner at the hearing above referred, to on November
3 and 4, 1941, - exceptir g the documents specifically made part of
the record hereof.
VI
All the parties hereto expressly agree and consent that the
National Labor Relations Board may forthwith enter an Order, as
r
follows : ` - "
-Respondent , ',Scullin Steel Company, its officers, agents, suc-
cessors , and assigns, shall:
1. Cease and desist from :
(a) Dominating or interfering in any manner with the
administration of Scullin Steel Company Employees' Mutual
Aid Association , or the formation or administration of any
other labor organization of its employees , or contributing
financial or other support to the Scullin Steel Company Em-
ployees' Mutual Aid Association or to any other labor
organization;
SCULLIN STEEL COMPANY 477
(b) Recognizing Scullin Steel Company Employees' Mutual
Aid Association as the representative of any of its employees
for the purpose of dealing with respondent concerning griev-
ances, labor disputes, wages, rates of pay, hours of employment,
or other conditions of employment;
(c) 'Giving effect to the contract entered into with Scullin
Steel Company Employees' Mutual Aid Association on Decem-
ber 19, 1938, or to any supplement, extension, or renewal
thereof;
(d) Permitting the use of its facilities for the promotion and
transaction of business of mutual aid, welfare, or insurance
societies or plans, in order to assist, encourage membership in,
or lend financial or other support to Scullin Steel Company
Employees', Mutual Aid Association or to any other labor
organization.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Withdraw all recognition from Scullin'Steel Company
Employees' Mutual Aid Association as the representative of
any of its employees for the purpose of dealing with respondent
concerning grievances, labor disputes, wages, rates of pay, hours
of employment, or other conditions of employment, acid com-
pletely disestablish said labor organization as such representa-
tive ;
(b) Notify Scullin Steel Company Employees' Mutual Aid
Association in writing that the contract with respondent is void
and of no effect, and that respondent's facilities shall not be used
for the promotion and transaction of business of mutual aid,
welfare, or insurance societies or plans in order to assist, encour-
age membership in, or lend financial or other support to Scullin
Steel Company Employees' Mutual Aid Association;
(c) Post immediately upon the entry of this Order by the
National Labor Relations Board and maintain for a period of at
least thirty (30) consecutive days from the date of posting, in
conspicuous places at respondent's: plant at St. Louis, Missouri,
notices stating :
(1) That respondent will not- engage in the conduct from
which it is ordered to cease and desist in 1 (a) to (d) inclusive
of this Order; ' -
(2) That respondent will take affirmative action set forth
in 2 (a), and (b), of this Order;
(3), That respondent's employees are free to become or re-
maiin members of Steel Workers Organizing Committee, Local
No. 1062, affiliated with the C. I. 0., or any other labor organ-
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478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ization of their own choosing and that respondent will not dis-
criminate against any employee because of 'membership in, or
activity on behalf of Steel Workers Organizing Committee,
Local No. 1062, affiliated with the C. I. 0., or any other labor
organization of their own choosing;
(d) Notify the Regional Director for the Fourteenth Region
of the National Labor Relations Board in writing within ten
(10) days of the date hereof of the steps respondent has taken to
comply herewith.
And it is further ordered that the Complaint, in so far as it
relates to interference, restraint, and coercion be, and it is hereby,
dismissed.
VII
All the parties hereto agree and consent to the entry by the
United States Circuit Court of Appeals for the Eighth Circuit of
a decree enforcing the Order of the Board set forth in paragraph
VI hereof, and expressly waive further notice of the application
for, and the entry of such decree.
VIII
All terms and conditions of this stipulation and agreement are
subject to the approval of,the National Labor Relations Board.
All terms and conditions agreed upon are contained within this
stipulation and agreement , and there is no verbal agreement of any
kind which varies , alters, or adds to this stipulation and
agreement.
On November 19,4941, the Board issued its Order approving the"
stipulation, making it a part of the record, and pursuant to Article
II, Section 36, of National Labor Relations Board Rules and' Regu-
lations-Series 2, as amended , transferred the proceedings to the
Board for the purpose of entry of a Decision and Order pursuant to
provisions of said stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
Scullin Steel Company is a Missouri corporation having its prin-
cipal office and place of business at St. Louis, Missouri. It is en-
gaged in the manufacture, sale, and distribution of undertrucks for
railroad freight cars, open-hearth steel castings, and shell casings.
SCULLIN STEEL COMPANY 479
From January 1 to November 1, 1941, the respondent used raw mate-
rials costing approximately $210,000 monthly. All the pig iron,
alloys used in the production of steel, limestone, scrap iron, and
natural gas used in the operation of open-hearth furnaces were trans-
ported to the plant from points outside-the State of Missouri. Dur-
ing the same period the respondent sold each month finished prod-
ucts valued at approximately $650,000, of which 70 per cent was
shipped-from the plant to points outside the State of Missouri.
The respondent admits that it is engaged in interstate commerce
within the meaning of Section 2 (6) and (7) of the Act.
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
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 Scullin Steel Company, its officers, agents, succes-
sors, and assigns, shall:
1, Cease and desist from :
a. Dominating or_interfering in any manner with the administra-
tion of Scullin Steel Company Employees' Mutual Aid Association, or
the formation or administration of any other labor organization of
its employees, or contributing financial or other support to the Scullin
Steel Company Employees' Mutual Aid Association or to any other
labor organization;
b. Recognizing- Scullin Steel Company Employees' Mutual Aid
Association as the representative of any of its employees for the
purpose of dealing with respondent concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment, or other conditions
of employment;
c. Giving effect to the contract entered into with Scullin Steel
Company Employees' Mutual Aid Association on December 19, 1938,
or to any supplement, extension, or renewal thereof :
d. Permitting the use of its facilities for the promotion and trans-
action of business of mutual aid, welfare, or insurance societies or
plans, in order to assist, encourage membership in, or lend financial
or other support to Scullin Steel Company Employees' Mutual Aid
Association or to any other labor organization.
2. Take the following affirmative action to effectuate the policies -
of the National Labor Relations Act :
a. Withdraw all recognition from Scullin Steel Company Em-
ployees' Mutual Aid Association as the representative of any of its
employees for the purpose of dealing with respondent concerning
480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
grievances, labor disputes, wages, rates of pay, hours of employment,
or other conditions of employment, and completely disestablish said
labor organization as such representative;
b. Notify Scullin Steel Company Employees' Mutual Aid Associa-
tion in writing that the contract with respondent is void and of no
effect, and that respondent's facilities shall not be used for the pro-
motion and transaction of business of mutual aid, welfare, or insur-
ance societies or plans in order to assist, encourage membership in,
or lend financial or other support to Scullin Steel Company' Em-
ployees' Mutual Aid Association;
c. Post immediately upon the entry of this Order by the National
Labor Relations Board and maintain for a period of at least thirty
(30) consecutive days from the date of posting, in conspicuous places
at respondent's plant at St. Louis, Missouri, notices stating :
(1) That respondent will not engage in the conduct from which
it is ordered to cease and desist in 1(a) to (d) inclusive of this Order;
(2) That respondent will take the affirmative. action set forth in
2(a) and (b) of this Order;
(3) That respondent's employees are free to become or remain
members of Steel Workers Organizing Committee, Local No. 1062,
affiliated with the C. I. 0., or any other labor organization of their
own choosing and that respondent will not discriminate against any
employee because of membership in or activity on behalf of Steel
Workers Organizing Committee, Local No. 1062, affiliated with the
C. I. 0., or any other labor organization of their own choosing;
d. Notify the Regional Director for the Fourteenth Region of the
National Labor Relations Board in writing within ten (10) clays of
the date hereof of the steps respondent has taken to comply herewith.
And it is further ordered that the Complaint, in so far as it relates
to interference, restraint, and coercion be, and it is hereby, dismissed.