Sheffer Corp.

National Labor Relations Board - Board Decisions

Oct 27, 1967

167 N.L.R.B. 1082 (N.L.R.B. 1967)

1082 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Sheffer Corporation and District Lodge No. 34 of
the International Association of Machinists,
AFL-CIO. Case 9-CA-3739
October 27, 1967
DECISION AND ORDER
By MEMBERS BROWN , JENKINS, AND ZAGORIA
Upon a charge duly filed on November 2, 1965,
by District Lodge No. 34 of the International As-
sociation of Machinists, AFL-CIO, hereinafter
called the Union, the General Counsel of the Na-
tional Labor Relations Board by the Regional
Director for Region 9, issued a complaint and
notice of hearing on December 17, 1965, alleging
that Sheffer Corporation, hereinafter called
Respondent, had engaged in and was engaging in
unfair labor practices affecting commerce within
the meaning of Sections 8(a)(1) and (3) and 2(6) and
(7) of the National Labor Relations Act, as
amended. Copies of the charge, complaint, and
notice of hearing, were duly served upon the
Respondent.
The complaint alleged, in substance, that on
May 7, 1965, the Respondent discontinued its en-
tire second-shift operation and discharged and
refused to reinstate 23 named employees to their
former positions because of their sympathy for,
membership in, and activities on behalf of District
Lodge No. 34 of the International Association of
Machinists, AFL-CIO, in violation of Section
8(a)(1) and (3) of the National Labor Relations Act.
Respondent's answer generally denied all of the
substantive allegations of the complaint.
On April 20, 1966, the Board issued a Decision
and Order in Case 9-CA-3602,' finding the
Respondent in violation of Section 8(a)(1) and (3)
of the Act and requiring it to cease and desist from
the 8(a)(1) violations and to reinstate four named
employees which backpay. On September 7, 1966,
a hearing in the instant case was held before Trial
Examiner William W. Kapell, at which the parties
agreed to a stipulation proposed by the General
Counsel, which in substance provides that the
charge embodies the same parties and the identical
factual situation and evidence as in Case 9-CA-
3602, save for the addition of 21 additional em-
ployees to the list of 4 employees therein alleged as
having been discriminatorily discharged; that the
final determination by a court of competent jurisdic-
tion in the aforesaid case is dispositive of the issues
in the instant case; and that the instant case be
transferred and forwarded to the Board for disposi-
tion without being passed upon by the Trial Exam-
iner. On September 27, 1966, pursuant to the afore-
said stipulation of the parties, the Board issued an
Order transferring and continuing the instant case
before the Board. On July 26, 1967, the United
States Court of Appeals for the Sixth Circuit
granted enforcement of the Board's Order in Case
9-CA-3602.2
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
The Board has considered the entire stipulated
record and the Decision of the United States Court
of Appeals for the Sixth Circuit in Case
9-CA-3602, and makes the following findings and
conclusions:
FACTS
1. THE BUSINESS OF THE RESPONDENT
The Respondent, an Ohio corporation, is engaged
in the manufacture of hydraulic cylinder units at its
plant located in Lockland, Ohio. During the past 12
months, which is a representative period, the
Respondent had a direct outflow of products in in-
terstate commerce valued in excess of $50,000
which were sold and shipped directly from its
Lockland, Ohio, plant to points outside the State of
Ohio. The Respondent's answer admits and we find
that the Respondent is engaged in commerce,
within the meaning of the Act, and that it will effec-
tuate the policies of the Act to assert jurisdiction
herein.
11. THE LABOR ORGANIZATION INVOLVED
District Lodge No. 34 of the International As-
sociation of Machinists , AFL-CIO, is a labor or-
ganization within the meaning of Section 2(5) of the
Act.
III. THE UNFAIR LABOR PRACTICES
In view of the stipulation of the parties, we
hereby incorporate into the instant record the entire
record, the Board's Decision and Order, and the
Decision of the Court of Appeals for the Sixth Cir-
cuit, in Case 9-CA-3602. We therefore find, in ac-
cord with the stipulation of the parties, that the
Respondent discriminatorily discharged the 21
employees3 listed in Appendix "A" attached to this
Decision, in violation of Section 8(a)(3) and (1) of
the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES
UPON COMMERCE
The activities of the Respondent set forth in sec-
tion III, above, occurring in connection with the
Sheffer Corporation, 158 NLRB 148
ShefferCorp v N L R B, 380 F 2d 1007 (C A 6)
' Two employees alleged as discriminatees in the complaint were, upon
a motion by the General Counsel, deleted
167 NLRB No. 158
SHEFFER CORP
Respondent's business operations described in sec-
tion 1, above, have a close, intimate, and substantial
relationship to trade, traffic, and commerce among
the several States and tend to lead to labor disputes
burdening and obstructing commerce and the free
flow thereof.
THE REMEDY
Having found that the Respondent has com-
mitted certain unfair labor practices, we shall order
it to cease and desist from such conduct and to take
certain affirmative action designed to dissipate its
effect. Accordingly, the Respondent shall be or-
dered to reinstate the 21 employees listed in Appen-
dix "A," attached to this Decision, to their former
or equivalent positions, and to make them whole for
any loss of earnings they may have suffered
because of the illegal discrimination against them in
their employment. Backpay shall be computed in
accordance with the formulas and methods
prescribed by the Board in F. W. Woolworth Com-
pany, 90 NLRB 289, and the assessment of 6-per-
cent interest per annum shall be computed in the
manner prescribed by the Board in Isis Plumbing &
Heating Co., 138 NLRB 716. In view of the nature
of the unfair labor practices, the commission of
similar and other unfair labor practices reasonably
may be anticipated. The Respondent will therefore
be further ordered to cease and desist from in any
manner infringing upon the rights guaranteed to its
employees by Section 7 of the Act.
CONCLUSIONS OF LAW
1. The Respondent is an employer within the
meaning of Section 2(2) of the Act.
2. The Union is a labor organization within the
meaning of Section 2(5) of the Act.
3. By discharging the 21 employees listed in Ap-
pendix "A" attached to this Decision , the Respond-
ent has engaged in and is engaging in unfair labor
practices within the meaning of Section 8(a)(3) and
(1) of the Act.
4. The aforesaid unfair labor practices affecting
commerce within the meaning of Section 2(6) and
(7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respond-
ent, Sheffer Corporation, Lockland, Ohio, its of-
ficers, agents, successors, and assigns, shall:
1. Cease and desist from:
4 In the event that this Order is enforced by a decree of a United States
Court of Appeals, there shall be substituted for the words "a Decision and
1083
(a) Discharging or otherwise discriminating
against employees because of the exercise of their
right to self-organization or to join labor organiza-
tions.
(b) In any other manner interfering with,
restraining, or coercing employees in the exercise
of their right to self-organizations, to form labor or-
ganization, to join or assist District Lodge No. 34
of the International Association of Machinists,
AFL-CIO, or any other labor organization, to bar-
gain collectively through representatives of their
own choosing, and to engage in concerted activity
for the purposes of collective bargaining or other
mutual aid or protection, as guaranteed in Section
7 of the Act, or to refrain from any or all such activi-
ties.
2. Take the following affirmative action which
we find will effectuate the policies of the Act:
(a) Offer the 21 employees listed in Appendix
"A" attached to this Decision immediate and full
reinstatement to their former or substantially
equivalent positions, without prejudice to their
seniority or other rights and privileges previously
enjoyed, and make them whole for any loss of pay
they may have suffered by reason of the discrimina-
tion against them in the manner set out in the sec-
tion of this Decision entitled "The Remedy."
(b) Notify the above-described employees if
presently serving in the Armed Forces of the
United States of their right to full reinstatement
upon application in accordance with the Selective
Service Act and the Universal Military Training
and Service Act, as amended, after discharge from
the Armed Forces.
(c) Preserve and, upon request, make available
to the Board or its agents, for examination and
copying, all payroll records, social security pay-
ment records, timecards, personnel records and re-
ports, and all other records necessary to analyze the
amount of backpay due under the terms of this
Order.
(d) Post at its place of business at Lockland,
Ohio, copies of the attached notice marked "Ap-
pendix B."4 Copies of said notice, on forms pro-
vided by the Regional Director for Region 9, after
being duly signed by the Respondent's representa-
tive, shall be posted by the Respondent immediate-
ly upon receipt thereof, and be maintained by it for
60 consecutive days thereafter, in conspicuous
places, including all places where notices to em-
ployees are customarily posted. Reasonable steps
shall be taken by the Respondent to insure that said
notices are not altered, defaced, or covered by any
other material.
(e) Notify the Regional Director for Region 9, in
writing, within 10 days from the date of this Order,
what steps have been taken to comply herewith.
Order" the words "a Decree of the United States Court of Appeals En-
forcing an Order "
1084 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A
Denny Adams
Rolland Bartle
Alonzo Beasley
Jake Cooper
Garland Deel
Robert Ellsworth
Kenneth Faust
Eugene Foster
Boyd Green
William Hegefeld
Floyd Lang
M. Leach
Larry Waters
Robert Medasy
Richard Miller
Phillip Norton
Herbert Overberg
Henry Reynolds
Cecil Smith
Glen Waters
James Wells
APPENDIX B
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National
Labor Relations Board and in order to effectuate
the policies of the National Labor Relations Act, as
amended, we hereby notify you that:
WE WILL NOT discourage membership by
any of our employees in District Lodge No. 34
of the International Association of Machinists,
AFL-CIO, or in any other labor organization,
by discharging or otherwise discriminating
against employees in regard to their hire or
tenure of employment or any other term or
condition of employment.
WE WILL offer the employees listed below
immediate and full reinstatement to their
former or substantially equivalent positions,
without prejudice to their seniority or other
rights and privileges previously enjoyed, and
WE WILL make them whole for any loss of pay
they may have suffered as a result of the dis-
crimination against them.
Denny Adams Floyd Lang
Rolland Bartle M. Leach
Alonzo Beasley Larry Waters
Jake Cooper Robert Medasy
Garland Deel Richard Miller
Robert Ellsworth Phillip Norton
Kenneth Faust Herbert Overberg
Eugene Foster Henry Reynolds
Boyd Green Cecil Smith
William Hegefeld Glen Waters
James Wells
WE WILL NOT in any other manner interfere
with, restrain, or coerce our employees in the
exercise of their rights to self-organization, to
bargain collectively through representatives of
their own choosing, to engage in concerted ac-
tivities for the purpose of collective bargaining
or other mutual aid or protection, or to refrain
from any or all such activity.
All our employees are free to become or remain,
or to refrain from becoming or remaining, members
of any labor organization.
SHEFFER CORPORATION
(Employer)
Dated By
(Representative) (Title)
Note: We will notify the above-named em-
ployees, if presently serving in the Armed Forces
of the United States of their right to full reinstate-
ment upon application in accordance with the
Selective Service Act and the Universal Military
Training and Service Act, as amended, after
discharge from the Armed Forces.
This notice must remain posted for 60 consecu-
tive days from the date of posting and must not be
altered, defaced, or covered by any other material.
If employees have any question concerning this
notice or compliance with its provisions, they may
communicate directly with the Board's Regional
Office, Federal Office Building, Room 2023, 550
Main Street, Cincinnati, Ohio 45202, Telephone
684-3627.