Stanley Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 11, 1939

18 N.L.R.B. 246 (N.L.R.B. 1939)

In the Matter of THE STANLEY MANUFACTURING COMPANY, DAYTON,
OHIO and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMER-
ICA, LOCAL 806, AFFILIATED WITI--I THE CONGRESS OF INDUSTRIAL OR-
GANIZATIONS, 9 E. FIFTH STREET, DAYTON, OHIO
Case No. C-1439.-Decided December 11, 1939
Job Printing Industry-Settlement: stipuation providing for compliance with
the Act, including reinstatement of two employees with hack pay in specified
amounts-Order: entered on stipulation.
Mr: William S. Gordon, Jr., for the Board.
Sheridan d Jenleins, by Mr. P. J. Sheridan, of Dayton, Ohio, for
the respondent.
Mr. Ernest DeMaio, for the Union.
Miss Edna Loeb, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon amended charges duly filed by United Electrical, Radio & Ma-
chine Workers of America, Local 806, herein called the Union, the Na-
tional Labor Relations Board, herein called the Board, by the Regional
Director for the Ninth Region (Cincinnati, Ohio), issue its complaint,
dated November 1, 1939, against The Stanley Manufacturing Company,
Dayton, Ohio, herein called the respondent, alleging that the' respond-
ent had engaged in and was engaging in unfair labor practices af-
fecting commerce within the meaning of Section 8 (1) and (3) and
Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. Copies of the complaint and accompany-
ing notice of hearing were duly served upon the respondent and the
Union.
The complaint alleged in substance that on or about January 7,
1938, the respondent terminated the employment of Eugene Rinehart
and Charles Hofmann and thereafter failed and refused to reinstate
them because they joined and assisted the Union, thereby discrimi-
nating in regard to their hire and tenure of employment and discour-
aging membership in the Union; and that by these acts and divers
other acts the respondent interfered with, restrained, and coerced and
18 N. L. R. B., No. 38.
246
THE STANLEY MANUFACTURING COMPANY, DAYTON, OHIO 247
is interfering with, restraining, and coercing its employees in the ex-
ercise of the right to self-organization and to engage in concerted
activities for their mutual aid and protection, as guaranteed in Sec-
tion 7 of the Act.
Thereafter the respondent, the Union, and counsel for the Board
entered into a stipulation in settlement of the case. On November 28,
1939, the Board issued an order approving the stipulation and making
it a part of the record, and acting pursuant to Article II, Section 36,
of National Labor Relations Board Rules and Regulations-Series 2,
further ordered that the proceeding be transferred to and continued
before the Board for the purpose of entry of a decision and order by
the Board pursuant to the provisions of the said stipulation.
The stipulation provides as follows :
It is hereby stipulated and agreed by and between The Stanley
Manufacturing Company, hereinafter sometimes referred to as
the respondent, by its attorney, and United Electrical, Radio &
Machine Workers of America, Local 806, affiliated with the Con-
gress of Industrial Organizations, hereinafter sometimes referred
to as the Union, by its International Representative, and Wm. S.
Gordon, Jr., attorney for the National Labor Relations Board,
Ninth Region, as follows :
I
1. Upon amended charges duly filed by United Electrical,
Radio & Machine Workers of America, Local 806, affiliated with
the Congress of Industrial Organizations, through Ernest De-
Maio, International Representative, and its duly accredited agent
for this purpose, Philip G. Phillips, agent of the National Labor
Relations Board, acting pursuant to authority granted in Section
10 (b) of the National Labor Relations Act, approved July
5, 1935, and acting pursuant to its Rules and Regulations, Series
2, Article IV, Section 1, issued its Complaint and Notice of Hear-
ing on the first day of November, 1939, against The Stanley
Manufacturing Company, respondent herein.
2. The Amended Charge, Complaint and Notice of Hearing
thereon, as well as a copy of the Rules and Regulations, Series 2,
were duly served upon the respondent and upon the Union on
November 1, 1939, in accordance with said Rules and Regula-
tions, Series 2, Article V, Section 1. The hearing in the above
entitled matter was to begin at 9: 30 o'clock in the forenoon on
November 16, 1939, in the Dayton Industries Building, Third and
Ludlow Streets, City of Dayton, County of Montgomery, State
of Ohio, thus allowing an intervening period of fifteen (15) days
between the service of the said Amended Charge, Complaint, No-
2S2029-41-vol. 18-17
248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tice of Hearing, and copy of the Rules and Regulations, and the
date of hearing. Upon motion of the respondent said Philip G.
Phillips, on November 13, 1939, issued an order adjourning said
hearing to November 24, 1939, at 9: 30 o'clock in the forenoon in
the Dayton Industries Building, Third and Ludlow Streets, Day-
ton, Ohio. Said order was duly served upon the respondent and
the Union on November 14, 1939.
3. The respondent, The Stanley Manufacturing Company, is
and has been continuously since April 11, 1911, a corporation
duly organized and existing under and by virtue of the laws of the
State of Ohio, having an office, plant and principal place of busi-
ness in the City of Dayton, County of Montgomery, State of Ohio,
where it is now and has been continuously since July 5, 1935,
engaged in the manufacture, sale and distribution of metal and
metal foil seals, labels and name plates, greeting cards and other
similar products.
4. United Electrical, Radio & Machine Workers of America,
Local 806, affiliated with the Congress of Industrial Organiza-
tions, is a labor organization within the meaning of the National
Labor Relations Act.
5. The raw and other materials which the respondent uses in
its business at its Dayton, Ohio, plant are, among others: brass,
foil, paper, envelopes, boxes, cartons, inks and lacquers. The
total cost of the raw and other materials used by the respondent
at its Dayton plant amounts to approximately Five Hundred
Thousand Dollars ($500,000.00) per annum.
In the usual and ordinary course and conduct of its business,
the respondent causes and has continuously caused approximately
Eighty percent (80%) of the raw and other materials used by
it in the manufacture of its products at its Dayton plant to be
purchased in states of the United States other than the State of
Ohio, and to be transported in interstate commerce from states
of the United States other than the State of Ohio, to its Day-
ton plant in the State of Ohio.
6. The value of the products manufactured by the respondent
at its Dayton plant is approximately Nine Hundred Thousand
Dollars ($900,000.00) per annum.
In the usual and ordinary course and conduct of its business,
the respondent causes and has continuously caused approximately
Eighty-Five percent (85%) of the products manufactured by
it at its Dayton plant to be sold to purchasers in states of the
United States other than the State of Ohio, and to be transported
in interstate commerce from its Dayton plant in the State of
Ohio, to, into and through states of the United States other
than the State of Ohio.
THE STANLEY MAN OF AC'TUILING; ICO'DI:PAN Y, DAYTON, 01-110 249
7. The respondent is engaged in interstate commerce within
the meaning of the National Labor Relations Act.
II
1. The record in this proceeding shall consist of the Amended
Charge, Complaint, Notice of Hearing, copy of the Rules and
Regulations, Series 2, Motion of respondent to extend date of
hearing, Motion of respondent to extend the time in which to
answer, Order of the Regional Director Granting Motion for Ex-
tending Date of Hearing, and Notice of Hearing, Order of the
Regional Director Granting Motion for Extension of Time to
Answer, Affidavits as to Service of said Amended Charge, Com-
plaint, Notice of Hearing, and Rules and Regulations, and said
Orders of the Regional Director, and this Stipulation. Said
documents shall be filed with the Chief Trial Examiner of the
National Labor Relations Board at Washington, D. C.
2. The respondent waives its right to file an answer to the
Complaint of the National Labor Relations Board, its right
to hearing on said Complaint, and its right to the making or
entry by the National Labor Relations Board of findings of fact
or conclusions of law.
3. The entering of the respondent into this Stipulation shall
not be taken or considered as an admission that it has committed
unfair labor practices.
III
1. The National Labor Relations Board may forthwith, with-
out other or further notice to the respondent, make and enter an
order in the above entitled matter to the following effect :
Respondent, The Stanley Manufacturing Company, shall
1. Cease and desist :
(a) From in any manner interfering with, restraining or
coercing its employees in the exercise of their rights to self-or-
ganization, 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;
(b) From discouraging membership in United Electrical,
Radio & Machine Workers of America, Local 806, affiliated with
the Congress of Industrial Organizations, or in any other labor
organization of its employees, by discharging, threatening, or re-
fusing to reinstate any of its employees for designating as their
agent, joining or assisting United Electrical, Radio & Machine
Workers of America, Local 806, affiliated with the Congress of
250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Industrial Organizations, or any other labor organization of its
employees, or for engaging in other concerted activities for the
purposes of collective bargaining or other mutual aid and pro-
tection ;
(c) From in any other manner discriminating against any
of its employees in regard to hire and tenure of employment or
terms or conditions of employment for designating as their agent,
joining or assisting United Electrical, Radio & Machine Workers
of America, Local 806, affiliated with the Congress of Industrial
Organizations, or any other labor organization of its employees,
or for engaging in other concerted activities for the purposes of
collective bargaining or other mutual aid and protection.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the National Labor Relations Act :
(a) Offer to Charles Hofmann and Eugent Rinehart immediate
and full reinstatement to their former or substantially equivalent
positions without prejudice to seniority rights or any other rights
or privileges previously enjoyed by them;
(b) Pay immediately, as back pay, to Charles Hofmann, the
sum of Five Hundred Dollars, and to Eugene Rinehart the sum
of Five Hundred Dollars.
(c) Immediately post and keep visible for. a period of at
least sixty (60) days, in at least five (5) prominent places in re-
spondent's Dayton, Ohio plant copies of this order;
(d) Notify the Regional Director for the Ninth Region, in
writing, within ten (10) days from the date of this order, what
steps the respondent has taken to comply herewith.
IV
The respondent further stipulates and consents to the entry by
any appropriate United States Circuit Court of Appeals, with-
out further notice of the application therefor, of a decree for the
enforcement of the order of the National Labor Relations Board
provided for in this Stipulation, and waives its right to contest
any application by the National Labor Relations Board for the
entry of such a decree.
V
The entire agreement is contained within the terms of this
Stipulation and there is no verbal agreement of any kind which
varies, alters or adds to this Stipulation.
VI
All stipulations herein made and the terms and provisions
thereof are made subject to the approval of the National Labor
Relations Board.
THE STA\TLE1Y MAN'UFACTURIT 0, COMPANY, DAYTON, lOHIFO 251
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following:
FINDINGS OF FACT
THE BUSINESS OF THE RESPONDENT
The respondent is an Ohio corporation which has its office , plant,
and principal place of business in Dayton , Ohio. It is engaged in
the manufacture , sale, and distribution of metal and metal foil seals,
labels, name plates , greeting cards, and other similar products.
The respondent 's manufacturing operations annually consume raw
and other materials valued at approximately $500,000 and produce
finished articles valued at approximately $900,000. The respondent
obtains approximately 80 per cent of its materials from points out-
side Ohio, and ships approximately 85 per cent of its finished products
from its plant to points outside Ohio.
We find that the above -described operations of the respondent at
its plant in Dayton , Ohio, 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
entire record in the case , and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, The Stanley Manufacturing Com-
pany, shall:
1. Cease and desist :
(a) From in any manner interfering with, restraining or coercing
its 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 con-
certed activities for the purposes of collective bargaining or other
mutual aid or protection as guaranteed in Section 7 of the National
Labor Relations Act;
(b) From discouraging membership in United Electrical , Radio &
Machine Workers of America, Local 806, affiliated with the Congress
of Industrial Organizations , or in any other labor organization of its
employees , by discharging, threatening, or refusing to reinstate any
of its employees for designating as their agent, joining or assisting
United Electrical , Radio & Machine Workers of America, Local 806,
affiliated with the Congress of Industrial Organizations , or any other
labor organization of its employees , or for engaging in other concerted
activities for the purposes of collective bargaining or other mutual
aid and protection ;
(c) From in any other manner discriminating against any of its
employees in regard to hire and tenure of employment or terms or
252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
conditions of employment for designating as their agent, joining or
assisting United Electrical, Radio & Machine Workers of America,
Local 806, affiliated with the Congress of Industrial Organizations,
or any other labor organization of its employees, or for engaging in
other concerted activities for the purposes of collective bargaining or
other mutual aid and protection.
2. Take the following affirmative action, which the National Labor
Relations Board finds will effectuate the policies of the National Labor
Relations Act :
(a) Offer to Charles Hofmann and Eugene Rinehart immediate
and full reinstatement to their former or substantially equivalent posi-
tions without prejudice to seniority rights or any other rights or
privileges previously enjoyed by them;
(b) Pay immediately, as back pay, to Charles Hofmann, the sum
of Five Hundred Dollars, and to Eugene Rinehart the sum of Five
Hundred Dollars;
(c) Immediately post and keep visible for a period of at least sixty
(60) days, in at least five (5) prominent places in respondent's Day-
ton, Ohio, plant copies of this order;
(d) Notify the Regional Director for the Ninth Region, in writing,
within ten (10) days from the date of this order, what steps the re-
spondent has taken to comply herewith.