Sequatchie Handle Works

National Labor Relations Board - Board Decisions

May 4, 1942

40 N.L.R.B. 1126 (N.L.R.B. 1942)

In the Matter Of - OLIVER P., LINK, D/B/A SEQUATCHIE HANDLE
WORKS and UNITED HANDLE WORKERS, LOCAL No. 907, C. I. O.
Case No. C-21610.-Decided May 4, 1942
Jurisdiction : too] handle manufacturing industry
Settlement : stipulation providing for compliance with the Act.
Remedial,Orders :' entered on stipulation
Mr. Dan M Byrd, Jr., and Mr. Aleceander E. Wilson, Jr., for the
Board.
Mr. A. A. Kelly, of South Pittsburg, Tenn., for the respondent.
Mr. Paul R. Christopher, of Knoxville, Tenn., for the Union.
Mr. George J. Hadjinoff, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Handle
Workers, Local No. 907, affiliated with the Congress of Industrial
Organizations, herein called the Union, the National Labor Rela-
tions Board, herein called the Board, by the Regional Director for
the Tenth Region (Atlanta, Georgia), issued its complaint dated
April 3, 1942, against Oliver P. Link, an individual, doing business
as Sequatchie Handle Works, Sequatchie, Marion County, T ennessee,
herein called the respondent, alleging that the respondent had en-
gaged in and was engaging in unfair labor practices affecting com-
merce 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 the accompany-
ing notice of hearing were duly served upon the respondent and the
Union.
Concerning the unfair labor practices, 'the complaint alleged in
substance (1) that the respondent demoted Walter Brewer and re-
fused to reinstate him to his former position because of his activities
in behalf of the Union; (2) that the respondent discharged Dick
Willis and refused to reinstate him because of his membership in the
40 N L . R. B., No. 191.
1126
SEQUAT'C'HIE' HANDLE WORKS 1127
Union; (3) that the respondent advised employees to- withdraw from
the Union, threatened to close down the plant, and made statements
derogatory to the Union's leaders, (4) that in consequence of the un-
fair labor practices set forth above the employees went on strike on
August 25, 1941, and continued to strike until September 23, 1941;
(5) that after the termination of the strike the respondent refused to
reinstate 15 employees because of their membership in the Union and
their concerted activities; (6,) that on or about September 9, 1941, and
thereafter the respondent refused to bargain collectively with the
Union; and (7) by the above and other specified acts the respondent
-has interfered with, restrained, and coerced his employees in the
exercise of the rights guaranteed in Section.7 of the Act.
The respondent filed no answer to the complaint.
On April 3, 1942, the.respondent, the Union, and representatives of
the Board entered into a stipulation, subject to approval by the Board,
for settlement 'of the case. The stipulation provides a s follows :
Amended charges having been filed by United Handle Workers
Local No. 907, C. I. 0., herein called the Union, with the Regional
Director of the National Labor Relations Board for the Tenth
Region (Atlanta, Georgia), alleging that Oliver P. Link d/b/a
Sequatchie Handle Works, Sequatchie, Tennessee; has engaged
in and is now engaging in unfair labor practices affecting com-
merce within the meaning of Section 8 (1), (3) and (5) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act (49Stat.
449), and the National Labor Relations Board by its Acting Re-
gional Director, having issued and served a Complaint stating
the'charge, service of which is hereby acknowledged by the parties,
and it being the desire of the parties to amicably settle all issues
raised , in this proceeding :
IT IS HEREBY STIPULATED AND AGREED by and among Oliver P.
Link, d/b/a Sequatchie Handle Works, herein called the respond-
ent, and United Handle Workers, Local No..907, C. I. 0., herein
called the Union, and Dan M. Byrd, Jr. and Alexander E. Wilson,,
Jr., Attorneys for the National Labor Relations Board, Tenth
Region, that : _
1. Upon Amended Charges duly filed by the Union, the National
Labor Relations Board, herein called the Board, by Oscar S.
Smith, Acting Regional Director for the Tenth Region, Atlanta,
Georgia, as Agent for the Board, acting pursuant to authority
granted in Section 10 (b) of the National Labor Relations Act,
herein called the Act and pursuant to National Labor Relations
Board's Rules and Regulations, Series 2,, as amended, issued a
Complaint and "Notice of Hearing on the third day of April 1942
against the respondent. .'
1128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Oliver P. Link is an individual doing business under the
trade name and style of Sequatchie Handle Works, having a
manufacturing establishment in the town of Sequatchie, County
I of Marion, State of Tennessee. Respondent is engaged in the
manufacture, production, sale and distribution of hickory striking
tool handles and allied products. Oliver P. Link also maintains
factories at Salem and DuBois, Indiana, Crossville, Tennessee and
Leitchfield, Kentucky.
3. During a normal business year respondent purchases hickory
wood valued at approximately $10,000 to be processed at his Se-
quatchie, Tennessee plant. Upon the completion of certain pre=
liminary processing, 75°/0 of such hickory wood by value is trans-
ported to the Crossville, Tennessee plant for finishing and the
remaining 25% is transported to Salem, Indiana for finishing.
The value of such preliminary finished handles produced by the
Sequatchie, Tennessee plant is approximately $27,000. Upon
completion of the finishing process at Crossville, Tennessee and
Salem, Indiana, the respondent sells the finished hickory handles
throughout the United States, approximately 1% being sold
within the State of Tennessee. During a normal business year,
Oliver P. Link, at all his manufacturing plants produces finished
striking tool handles valued at approximately $600,000, 70% of
which is currently produced- for National Defense work. Trans-
portation of rough finished products by the respondent between
its Sequatchie, Tennessee plant and his '(sic) Salem, Indiana
and/or Crossville, Tennessee plants is by common motor carriers
and by the NC&St.L Railroad. All of the respondent's sales are
handled by general offices maintained by Oliver P. Link in Salem,
Indiana. , .
4. The aforesaid operations of respondent at his Sequatchie,
Tennessee, Salem, Indiana, and Crossville, Tennessee plants are
synchronized by planning, scheduling and coordination to main-
tain a flow of-hickory striking tool handles throughout the manu-
facturing establishments of Oliver P. Link and are essentially
connected with and dependent on purchases, sales, shipments and
productive and distributive operations outside the State of Ten-
nessee, and occur in the course of and affect commerce among the
several states of the United States.
5. Respondent is engaged in commerce within the meaning of
Section 2 (6) of the Act and its operations affect commerce"within
the meaning of Section 2 (7) of the Act.
6. United Handle Workers, Local No. 907, C. I. 0., is a labor
organization within the meaning of Section 2 (5) of the Act.
7. All production and maintenance employees of respondent at
his plant in Sequatchie, Tennessee, exclusive of clerical and super-
SEQUATCHIE HANDLE WORKS 1129
visory employees, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9, sub-
section (b) of the National Labor Relations Act, and ,such unit
insures to said employees of the respondent the full benefit of `their
right to self-organization and to collective bargaining and other-
wise effectuates the policies of the National Labor Relations Act.
8. Prior to and 'at all times since September 9, 1941, a majority
of the employees of the respondent in the appropriate unit de-
scribed above in paragraph 7, designated the Union as their rep-,
resentative for the purposes of collective bargaining, and pur-
suant to Section 9, subsection (a) of the National Labor Relations
Act, said Union.was on said date and at all times since that date
has been the exclusive representative of all the employees in, such
unit for the purpose of collective bargaining with respect to wages,
rates of pay, hours of employment, and other conditions of em-
ployment.
9. All parties hereto acknowledge service of the Complaint,
Notice of Hearing and Amended Charge, all above referred to,
and expressly waive further pleadings, hearings and other' pro-
cedure, and the making of findings of fact and the conclusions of
law by the Board.
10. This stipulation, together with the Complaint, Notice of
Hearing and Amended Charge may be filed with the Chief Trial
Examiner at Washington, D. C., and when so filed shall constitute
the record in this case.
11. On the basis of the record in this case thus made,and pur-
suant to Section 10 (c) of the Act, all parties hereto consent to
the entry of aft order by the Board in substantially the following
form : ,
Respondent, his agents, successors and assigns shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining or coercing
his 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 7collective bargaining, or
other mutual aid or protection, as guaranteed in Section 7 of the
National Labor Relations Act.
(b) Refusing to bargain collectively with -United Handle
Workers, Local- No. 907, C. I. 0., as exclusive representative of his
production and maintenance employees excluding foremen and
clerical employees.
(c) Discouraging membership in United Handle Workers,
Local No. 907, C. I. O. or any other labor organization of his
1130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees , by demoting , discharging or refusing to reinstate any
of his employees or in any other manner discriminating in regard
to their hire and tenure of employment or any other term or
condition of, their employment.
2. Take the following affirmative action to effectuate the pur-
poses of the Act :
(a) Offer to Walter Brewer his former position as grader or
inspector without prejudice to his seniority or other rights and
privileges and, if necessary , displace any employee who may have
succeeded to said Walter Brewer's former position;
(b) Offer to Dick Willis reinstatement to his former or to a
substantially equivalent position without prejudice to his seniority
or other rights or privileges;
(c) Upon request , bargain collectively with United Handle
Workers, Local No. 907 , C. I. 0., as the exclusive representative
of all production and maintenance employees , exclusive of super-
visory and clerical employees , at his Sequatchie , Tennessee plant
with respect to rates of pay, wages , hours of employment and other
conditions of employment.
(d) Upon application offer to the following named employees
full and immediate reinstatement to their former or substantially
equivalent positions without, prejudice to their seniority and other
rights and privileges :
S. L. Burnett George Dixon
Walter Brewer . George Griffith
J. Luther Moody Lee Parvin
Gilbert Coppinger Arthur Barnett
Lawerence May B . P. Barnett
Ephie McClanahan Lloyd Coppinger
Estil Burnett Dick Will is
Charlie May . .
(e) Make whole the following named employees for any loss
of pay that they may have suffered by reason of the respondent's
discrimination in regard to their hire and tenure of employment
by payment to each of them the sum of thirty -three dollars and
thirty-three cents ($33.33)
S. L. Burnett George Dixon
Walter Brewer George Griffith
J. Luther Moody . Lee Parvin -
Gilbert Coppinger Arthur Barnett
Lawerence May B. P. Barnett
Ephie McClanahan .. - Lloyd Coppinger
Estil . Burnett Dick Willis -
Charlie May
SEQUATCHIE HANDLE WORKS. 1131
(f) Immediately post copies of the-notice attached hereto,' and
made a part hereof, marked Appendix A in conspicuous places,
'throughout his Sequatchie, Tennessee plant and- maintain such
notices for a period of sixty (60) consecutive days from the post--
ing of such notices.
(g) Notify the Regional Director for the Tenth Region within
ten (10) days from the effective date of the stipulation upon which
this Order is based what steps the respondent has taken to comply,
therewith. -
12. Upon application by the Board the United States Circuit
Court of Appeals for the Fifth Circuit or any appropriate Cir-
cuit Court of Appeals may enter its Decree "enforcing the Order
of the Board as set forth in paragraph 11 above and all parties
hereto expressly waive all rights and privileges to receive further
notice of filing of the application for the entry of such Decree or
to contest the entry of such Decree. •
13. This stipulation contains the entire agreement of the parties
and there is no verbal agreement of any kind which alters, varies
or adds to this stipulation. - •
14. This stipulation is subject to the approval of the National
Labor. Relations Board and shall become effective immediately
upon receipt of notice granting such approval by the Board.
'On April 18, 1942, the Board issued an order approving the above
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 the provisions of the said stipulation. - •
Upon the basis of the above. stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
I., THE BUSINESS OF THE RESPONDENT
The respondent, Oliver P. Link, is an individual doing business
under the trade name and style of Sequatchie -Handle Works,. in,
the town of Sequatchie, Marion County, Tennessee. Respondent is
engaged in the manufacture, production, sale, and distribution of
hickory striking tool handles and allied products. The. respondent
also maintains factories at Salem and DuBois, Indiana, Crossville;
Tennessee , and Leitchfield, Kentucky. During a normal business
year respondent purchases hickory, wood valued at,, approximately'
r
3 The Notice is attached to the Decision herein as Appendix A. ",Z
1132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
$10;000 to be processed at the plant at Sequatchie, Tennessee) Upon
completion of certain preliminary processing , 75 percent by value
of such hickory wood is transported to the plant at Crossville; Ten-
nessee, and the remaining 25 percent to the plant at Salem, Indiana,
for finishing . The value of the partially finished handles produced
by the plant - at Sequatchie , Tennessee , is approximately $27,000.
Upon completion of the finishing process at Crossville ,' Tennessee,
and Salem, Indiana, respondent sells the finished hickory handles
throughout the United States. During a normal business year Oliver
P. Link, at all his manufacturing plants produces finished striking
tool handles valued at approximately $600,000, 70 percent of which is
currently produced for National Defense work.
The respondent admits for the purpose of this proceeding that he
is engaged in commerce within the meaning of the Act.
We find that the operations of the respondent constitute a con-
tinuous flow of trade , traffic, and commerce among the several States.
'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 At, the National Labor Relations Board
hereby orders that:
'• The respondent , Oliver P . Link, doing business as Sequatchie
Handle Works, Sequatchie , Tennessee , his agents , successors, and
assigns - shall : -
1. Cease and desist from : -
-(a) In any manner interfering with, restraining or coercing his
employees in the exercise of their rights to self-organization , to form;
join-''or assist labor organizations , to bargain collectively through
representatives of their owii choosing , and to engage - in concerted
activities for the purpose of collective bargaining , or other mutual
aid or protection , as guaranteed 'in Section 7 of the Act;
(b) Refusing to bargain collectively with the United Handle
Workers, Local No. 907 , C. I. 0., as exclusive representative of his
production and maintenance employees excluding foremen and cleri-
cal employees ;
°'(c) Discouraging membership in United Handle Workers, Local
No. 907,C. I. O. or any other labor organization of his employees,
by demoting , discharging , or refusing to reinstate any of his em-
ployees or in any other manner discriminating in regard to their
hire and tenure of employment or any other term or condition of
their . employment.
2. Take the following affirmative action to effectuate the purposes'
of the Act : - - - • A
SEQUATCHIE HANDLE WORKS 1133
(a) .Offer,'to-Walter Brewer his former position as grader- or in-
spector without prejudice to his seniority or other `rights and privi.-
leges and, if necessary, 'displace any employee who may have,
succeeded to said Walter Brewer's former position;
(b) Offer to Dick Willis reinstatement to his former or to a sub-
stantially equivalent position without prejudice to his seniority 'or
other rights or privileges;-
(c) Upon request, bargain collectively with United Handle Work-
ers, Local No. 907, C. I. 0., as the exclusive representative of all pro-
duction and maintenance employees, exclusive of supervisory and
clerical employees, at his Sequatchie, Tennessee plant with respect
to rates of pay, wages, hours of employment and other conditions of
employment; -
(d) Upon application offer to the following named employees full`
and immediate reinstatement to their former or substantially equiv '
alent positions without prejudice to their seniority and other rights`
and privileges :
S. L. Burnett George Dixon
Walter Brewer George Griffith,
J. Luther Moody Lee Parvin
Gilbert Coppinger Arthur Barnett
Lawerence May B. P. Barnett
Ephie McClanahan Lloyd Coppinger - , '
Estil Burnett • Dick Willis
Charlie May
(e) Make whole the following named employees for any loss of
pay that they may have suffered by reason of the respondent's dis-
crimination in regard to their hire and tenure of employment by
payment to each of them the sum of thirty-three' dollars and- thirty-,
three cents ($33.33)
S. L. Burnett • George Dixon
'Walter Brewer George Griffith
J. Luther Moody Lee Parvin, - •
Gilbert Coppinger, Arthur Barnett • '
Lawerence May - B. P. Barnett -
Ephie McClanahan Lloyd Coppinger •
Estil Burnett Dick Willis- -
Charlie May ,
(f) Immediately post copies of the notice attached hereto, an`f
made a part hereof, marked Appendix A in conspicuous. places'
throughout his Sequatchie; Tennessee plant and maintain' such
notices for a period of sixty (60) consecutive days from the posting
of such notices;
1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
- (g)' Notify the Regional Director for the Tenth Region in writ-
ing within ten (10 ) days from the date of this Order what steps
the respondent has taken to comply herewith.
APPENDIX A
NOTICE TO EMPLOYEES
1
Sequatchie Handle Works recognizes fully the rights of employees
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 protection as guaranteed in
Section, 7 of the National Labor Relations Act.
2
The employees of Sequatchie Handle Works are free to become or
remain members of United Handle Workers, Local No. 907, C. I. 0.
or any other labor organization , and Sequatchie 'Handle Works will
not discriminate against any employee because of such membership
or activity • in United Handle Workers , Local No. 907 , C. I..0., or
any other labor organization.
Sequatchie Handle Works further states that :
• It will reinstate Walter Brewer to his former position as grader
or inspector without prejudice to his seniority or other rights and
privileges and, if necessary , displace any employee who may have
succeeded to Walter' Brewer's position;
It will offer to Dick Willis reinstatement to his former or to a
substantially equivalent position without prejudice to his "seniority
or other rights or privileges;
It will , upon request, bargain collectively with United Handle
Workers, Local No. 907 , C. I. 0., as the exclusive representative of all
production and maintenance employees , exclusive of supervisory and
clerical employees , at the Sequatchie , Tennessee plant with respect
to rates of pay, wages , hours of employment and other conditions of
employment. .
It will , upon application , offer to the following immediate and
full 'reinstatement to their former or substantially equivalent posi-
SEQUATCHIE HANDLE WORKS
tions without prejudice to their
privileges :
S. L. Burnett
Walter Brewer
J. Luther Moody
Gilbert Coppinger
Lawerence May
Ephie McClanahan
Estil Burnett
Charlie May
1135
seniority and other rights and ,
George Dixon
George Griffith
_Lee Parvin
Arthur Barnett
B. P. Barnett
Lloyd Coppinger '
Dick Willis'
1
It will make whole the following named employees for any loss
of'pay that they may have suffered by reason of the respondent's dis-
crimination in'regard to their hire and tenure of employment -by
payment to each of them a sum
three cents ($33.33),
.of thirty-three dollars and 'thirty-
S. L. Burnett George Dixon
Walter Brewer 'George Griffith
J. Luther Moody Lee Parvin
Gilbert Coppinger Arthur Barnett
Lawerence May B. P. Barnett
Ephie McClanahan Lloyd Coppinger
Estil Burnett Dick Willis
Charlie May .
Dated this the day -of 1942.
SEQUATCHIE HANDLE WORKS,
By OLIVER P. LINK, Owner.