Steel Stamping Co.

National Labor Relations Board - Board Decisions

Oct 16, 1939

16 N.L.R.B. 1 (N.L.R.B. 1939)

DECISIONS AND ORDERS OF THE NATIONAL
LABOR RELATIONS BOARD
In the Matter of STEEL STAMPING COMPANY and METAL AND MACHINE
WORKERS INDUSTRIAL UNION No. 440 OF THE INDUSTRIAL WORKERS
OF THE WORLD 1
Case No. C-1351.Decided October 16, 1939
Steel Toy and Novelty Manufacturing Industry-Settlement : stipulation pro-
viding for compliance with Act-Order: entered on stipulation.
Mr. Paul F. Broderick, for the Board.
Mr. Joseph B. Shepler, for the respondent.
Mr. Howard S. Friedman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Metal and Ma-
chinery Workers Industrial Union No. 440 of the Industrial Workers
of the World, herein called the Union, the National Labor Relations
Board, herein called the Board, by the Regional Director for the
Eighth Region (Cleveland, Ohio), issued its complaint dated
August 9, 1939, against Steel Stamping Company, Lorain, Ohio,
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) 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 and the Union.
Concerning the unfair labor practices the complaint alleged, in
substance, that the respondent, on or about July 25, 1939, and at
other times, by making derogatory remarks concerning the Union,
by causing a meeting of its employees to be held on its property
and at its expense for the purpose and effect of influencing its
1 The Union was incorrectly designated in the complaint and the stipulation. The cor-
rect name of the Union is Metal and Machinery Workers Industrial Union No. 440 of the
Industrial workers of the world.
16 N. L. R. B., No.1.
1
2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees concerning affiliation with the Union , by statements and
conduct opposing the Union as the bargaining representative of its
employees ; and by other acts has interfered with, restrained, and
coerced its employees in the exercise of the rights guaranteed in
Section 7 of the Act.
On August 9, 1939, the respondent and counsel for the Board
entered into the following stipulation :
STIPULATION
IT IS HEREBY STIPULATED AND AGREED by and between the Steel
Stamping Company, hereinafter referred to as respondent, by
its General Manager Harry Bregman and by Joseph: B. Shepler,
its attorney, and Paul F. Broderick , attorney for the National
Labor Relations Board, Eighth Region, as follows :
1. Upon charges duly filed, Oscar S. Smith , Regioiial Director,
Eighth Region, National Labor Relations Board, 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 Hearing on the 9th day of . August, 1939 against
respondent herein.
2. It is further stipulated and agreed , subject to the approval
.of the National Labor Relations Board that :
(a) Respondent expressly waives notice of hearing in this
matter; its right to file an answer ; its right to offer evidence;
its right to the taking of testimony before the Board or any
agency of the Board ; the making of Findings of Fact and Con-
clusions of Law by the National Labor Relations Board.
3. Respondent hereby expressly consents to the issuance by the
National Labor Relations Board of a Decision and Order based.
upon this . stipulation , as hereinafter set forth. .
.4. The respondent is and has been since, July 25, 1919 a cor-
poration organized and existing under and by virtue of the laws
of the State of Ohio, having its principal office and , place of
business in the City of Lorain , State of Ohio and is now and has
continuously been engaged at its place of business in the City
of Lorain , State of Ohio, hereinafter referred to, as , the plant, in
. the manufacture, sale and distribution of steel toys and novelties.
5. Respondent in the course and conduct of its business
,.causes and has continuously.. caused approximately,15 per cent
of the raw materials used in the manufacture of its products to
be purchased outside the State of Ohio and transported from
STEEL STAMPING COMPANY e3
and through states of the United States other than the State of
Ohio to its plant in the City of Lorain and causes and has, con-
tinuously caused approximately 90 per cent of the products
manufactured by it to be sold and transported in states other
than the State of Ohio, including all of the states of the United
States. During the calendar year 1938 respondent's gross ° sales
amounted to $300,000.00.
6. The Metal and Machine Workers, Industrial Union No.
440 of the Industrial Workers of'the World hereinafter referred
to as the union is a labor organization within the meaning of
Section 2, subdivision 5 of said Act.
7. Respondent Steel Stamping Company shall:
1. Cease and desist from the date hereof :
(a) From in any manner interfering in, restraining or coerc-
ing its employees in the exercise of their rights to self organi-
zation, 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 collective
bargaining and other mutual aid and protection, as guaranteed
in Section 7 of the Act.
(b} From, either encouraging or discouraging membership
in the Union or in other" labor organizations of its employees
by discriminating against employees in regard to hire, tenure
of employment or any other term or condition of employment.
2. Take the following affirmative action to effectuate the
policies of the Act:
(a) Immediately post notices in conspicuous places through-
out its plant and maintain such notices for a period of sixty
(60) consecutive days, stating:..
(1) That the respondent will cease and desist as aforesaid.
(2) That the respondent. will take the affirmative action
aforesaid.
(b) Notify the Regional. Director for the Eighth Region
within a period of ten (10) days after entry, of the order what
steps have been taken to comply with the said order.
8. It is further. stipulated and agreed that this stipulation,
together with the Amended Charge, Complaint, Notice of Hear=
ing, the Rules and Regulations of the Board and proof of service
thereof may be introduced as evidence in this matter by filing
same with the Chief Trial Examiner of the Board at
Washington, D. C.
9. It is further stipulated and agreed that after the making
of an Order and Decision by the National Labor Relations
Board, said Board may submit without further notice to the
4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
parties hereto a consent decree to the appropriate Circuit Court
of the United States Circuit Court of Appeals; which decree
shall provide for the affirmance and enforcement in full of each
and every provision contained in the Order which is hereinbe-
fore provided, that the National Labor Relations Board may
make herein and the parties hereto hereby expressly consent to
the entry of said decree by said appropriate Circuit Court of
Appeals.
10. This stipulation contains the entire agreement among the
parties, there being no agreement of any kind, verbal or other-
wise, which varies, alters or adds to this stipulation.
11. All stipulations herein made and the terms and provisions
hereof are made subject to the approval of the National Labor
Relations Board.
On September 6, 1939, the Board issued its order approving the
above stipulation, making it part of the record, and, pursuant to
Article II, Section 36, of National Labor Relations Board Rules and
Regulations-Series 2, transferring the proceeding to the Board for
the purpose of entry of a decision and order pursuant to the pro-
visions 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
I. THE BUSINESS OF THE RESPONDENT
Steel Stamping .Company, an Ohio corporation having its prin-
cipal office and plant in the City, of Lorain, Ohio, is engaged in the
manufacture, sale, and distribution of steel toys and novelties.
Approximately 15 per cent of the raw materials used by the
respondent in the manufacture of its products are purchased outside
the State of Ohio. . .
During the year 1938 the respondent's sales of goods manufactured
by it amounted to $300,000. Approximately 95 per cent of the goods
sold were shipped to States other than the State of Ohio.
We find that the above-described operations constitute a con-
tinuous 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
STEEL STAMPING COMPANY 5
National Labor Relations Act, the National Labor Relations Board
hereby orders that Steel Stamping Company, Lorain, Ohio, shall:
1. Cease and desist from the date hereof :
(a) From in any manner interfering in, 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 purpose of collective bargaining and other
mutual aid and protection, as guaranteed in Section 7 of the Act;
(b) From either encouraging or discouraging membership in the
Union or in other labor organizations of its employees by discrim-
inating against employees in regard to hire, tenure of employment,
or any other term or condition of employment.
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Immediately post notices in conspicuous places throughout its
plant and maintain such notices for a period of sixty ( 60) consecu-
tive days, stating :
(1) That the respondent will cease and desist as aforesaid.
(2) That the respondent will take the affirmative action aforesaid.
(b) Notify the Regional Director for the Eighth Region within
a period of ten (10) days after entry of the Order what steps have
been taken to comply with the said Order.