Sun Glow Industries, Inc.

National Labor Relations Board - Board Decisions

Jun 12, 1941

32 N.L.R.B. 611 (N.L.R.B. 1941)

In the Matter of SUN GLOW INDUSTRIES , INC. and LOCAL 1379, UNITED
BROTHERHOOD OF CARPENTERS & JOINERS (A. F. OF L.)
Case No. C-1870.-Decided Jwne 12, 1941
Jurisdiction : furniture manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Max W. Johnstone, for the Board.
Mr. William Switzer, of Mansfield, Ohio, for the Respondent.
Mr. Harry Schwarzer, of Cleveland, Ohio, for the Union.
Mr. Norman M. Neel, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local 1379, United
Brotherhood of Carpenters & Joiners, affiliated with the American
Federation of Labor, herein called the Union, the National Labor Re-
lations Board, herein called the Board, by the Regional Director for
the Eighth Region (Cleveland, Ohio), issued its complaint dated
April 16,1941, against Sun Glow Industries, Inc., Fredericktown, Ohio,
herein called the respondent, alleging that the respondent had engaged
in and was engaging in unfair labor practices affecting commerce
within the meaning of Section 8 (1), (2) 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 accompanied by a notice of
hearing were duly served upon the respondent and upon the Union.'
.Concerning the unfair labor practices, the complaint alleged in
substance (1) that the respondent, at its Fredericktown, Ohio plant,
through its officers and agents, sponsored, urged and suggested the
I Copies of the complaint and notice of hearing were also served upon Employees Asso-
ciation of Sun Glow Industries , Inc, Local Workers Union of Fredericktown, Ohio, Mr.
James Rose , Committteeman , Mr. Walter Brokow, 'Committeeman, and Mr. Shorty Thomp-
son, Committeeman . By a communication dated April 21, 1941, Employees Association
of Sun Glow Industries , Inc., informed the Board that it was a successor labor organization
to another organization variously known as the Company Union , Employees Association,
and Local Workers Union of Fredericktown, Ohio, and further stated that it did not desire
to intervene in the case and disclaimed all interest therein.
32 N. L. R. B., No. 112.
611
448692-42-vol 32-40
612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
formation of the employee representation plan known as the Com-
mittee and dominated and interfered with the administration of the
Committee and contributed financial and other support thereto; (2)
that the respondent at its Fredericktown plant fostered, encouraged,
dominated and interfered with the formation of a labor organization
variously known as the Company Union, the Employees Association,
and Local Workers Union of Fredericktown, Ohio, referred to in the
complaint and stipulation as the Company Union, and dominated and
interfered with the administration of that organization and contrib-
uted financial and other support thereto; (3) that the respondent
fostered, encouraged, dominated and interfered with the formation
and administration of Employees Association of Sun Glow Industries,
Inc., a successor labor organization to the Company Union; (4) that
the respondent laid off or discharged and refused to reinstate J.
Harvey Carr and Marion Francis Kirby because they joined and
assisted the Union and engaged in concerted activity with other em-
ployees for the purpose of collective bargaining and other mutual aid
and protection and in order to discourage membership in the Union;
(5) the respondent interfered with, restrained and coerced its em-
ployees in the exercise of their right to self-organization as guaranteed
in Section 7 of the Act in that it interrogated its employees concerning
the Union and their membership and activities therein.
On April 21, 1941, the respondent, the Union, and counsel for the
Board entered into a stipulation. The stipulation provided as follows:
IT IS HEREBY STIPULATED AND AGREED by and among Sun Glow
Industries, Inc., hereinafter called the Respondent, and Local
1379, United Brotherhood of Carpenters & Joiners (affiliated with
the American Federation of Labor), hereinafter called the Union,
and Max W. Johnstone, attorney for the National Labor Relations
Board, hereinafter called the Board, as follows :
1. Upon a second amended charge duly filed by the Union,
Hugh E. Sperry, Regional Director for the Eighth Region of the
Board, as agent for the Board, acting pursuant to authority
granted in Section 10- (b) of the National Labor Relations Act,
hereinafter referred to as the Act, and acting pursuant to the
Board's Rules and Regulations, Series 2, as amended, issued its
Complaint and Notice of Hearing on the 16th day of April, 1941,
against the Respondent.
2. The Respondent is a corporation organized under and ex-
isting by virtue of the laws of the State of Ohio. It was
incorporated under the laws of the State of Ohio in 1929.
The Respondent is now and has continuously been engaged at
plants in the cities of Logan, Tipp City, and Fredericktown, all
in the State of Ohio, in the manufacture and sale of furniture.
SPUN GLOW INDUST'RIE'S', INC. 613
The Respondent, in the course and conduct of its business, causes
and has continuously caused a large part of the raw materials
used in the manufacture of its finished products to be purchased
and transported in interstate commerce from and through states
of the United States other than the State of Ohio to its plans
above referred to, located in the State of Ohio, and causes and
has continuously caused a large part of the furniture produced and
manufactured by it to be sold and transported in interstate com-
merce from its plants in the State of Ohio into and through states
of the United States other than the State of Ohio.
The principal raw materials used by the Respondent in the man-
ufacture of its finished products are lumber, paints and varnishes.
The Respondent purchased in the year 1940 raw materials of the
approximate value of $300,000.00 for use in the manufacture of
its finished products at its plant in Fredericktown, Ohio. Ap-
proximately 75 percent of such raw materials came from sources
outside the State of Ohio. The Respondent produced in the year
1940 at its Fredericktown, Ohio plant approximately $600,000 in
value of furniture. Approximately 90 percent of such furniture
so produced by the Respondent at its Fredericktown, Ohio plant
was sold and transported in interstate commerce outside of the
State of Ohio.
3. The Respondent is engaged in commerce within the mean-
ing_ of Section 2 (6) of the Act and its operations affect commerce
within the meaning of Section 2 (7) of the Act.
4. The Union is a labor organization within the meaning of the
Act. The labor organization variously known as the Company
Union, the Employees Association, and Local Workers Union of
Fredericktown, Ohio is a labor organization within the meaning
of the Act. This organization will hereinafter be referred to as
the Company Union. A labor organization known as the Com-
mittee, which was established in the year 1937 at the Respondent's
Fredericktown, Ohio plant, is a labor organization within the
meaning of the Act. This organization will hereinafter be re-
ferred to as the Committee. A labor organization known as the
Employees Association of Sun Glow Industries, Inc., which is a
successor labor organization to the Company Union, is a labor
organization within the meaning of the Act. This organization
will hereinafter be referred to as the Association.
5. All parties hereto acknowledge service of the Complaint,
Notice of Hearing, Second Amended Charge, all above referred to,
and of a copy of the Rules and Regulations, Series 2, as amended,
of the Board, and expressly waive further pleadings, hearing,
and the making of findings of fact and conclusion of law by the
Board.
614 DECISIONS OF NAT10NAL LABOR RELATIONS BOARD
6. This Stipulation, together with the Complaint, Notice of
hearing, the Second Amended Charge, and a copy of the Rules and
Regulations, Series 2, as amended and a copy of a letter from
Ed. Moree, President of the Employees Association of Sun Glow
Industries, Inc., to Hugh E. Sperry, Regional Director for the
Eighth Region of the National Labor Relations Board, dated
April 21, 1941, may be filed with the Chief Trial Examiner of the
National Labor Relations Board at Washington, D. C., and when
so filed, shall constitute the record in this case.
7. The Respondent laid off and/or discharged from its employ-
ment J. Harvey Carr on or about November 26, 1940 and Marion
Francis Kirby on or about November 26, 1940. The Respondent
has offered reinstatement to the said J. Harvey Carr and the said
Marion Francis Kirby to their former or substantially equivalent
positions and such reinstatement has been refused by these said
individuals.
8. All parties hereto hereby consent to the entry of an Order
by the Board providing that, on the basis of the record in the case,
pursuant to Section 10 (c) of the Act, the Respondent, its officers,
agents, successors and assigns, shall :
I. Cease and desist from :
(a) 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
concerted activities for the purpose of collective bargaining, or
other mutual aid or protection, as guaranteed in Section 7 of
the National Labor Relations Act.
(b) In any manner dominating or interfering with the ad-
ministration of the labor organization which was formed in
the plant in 1937 and which labor organization is known as The
Committee, and the labor organization known variously as the
Company Union, the Employees Association, and Local Workers
Union of Fredericktown, Ohio, and the labor organization known
as the Employees Association of,Sun Glow Industries, Inc.
(c) From discouraging membership in Local 1379, United
Brotherhood of Carpenters & Joiners, affiliated with the Amer-
ican Federation of Labor, by terminating the employment of,
or refusing to reinstate any of its employees, or in any other
manner discriminating in regard to the hire or tenure of em-
ployment of its employees, or any term or condition of their
employment.
II. Take the follow,'ing affirmative action to effectuate the
policies of the Act :
SPUN GLOW INDTTSri`RLEIS1, INC. 615
(a) Refrain from recognition of as the representative of any
of its employees for the purpose of dealing with the_ Respondent
concerning grievances, labor disputes, wages, rates of pay, hours
of employment, or other terms and conditions of employment
and completely disestablish the organization which was formed
in its plant in 1937, known as The Committee, and the organ-
ization variously known as Company Union, the Employees As-
sociation, and Local Workers Union of Fredericktown, Ohio, and
the organization known as the Employees Association of Sun
Glow Industries, Inc., as such representatives.
(b) Make whole J. Harvey Carr and Marion Francis Kirby
for any loss of pay they may have suffered by reason of the
Respondent's discrimination in respect to their hire or tenure
of employment, by payment to J. Harvey Carr of the sum of
Sixty Five ($65) Dollars and to Marion Francis Kirby of the
sum of Fifty ($50) Dollars;
(c) Post immediately in conspicuous places in the Frederick-
town, Ohio plant of the Respondent, and maintain for a period
of at least sixty (60) consecutive'days notice to its employees
stating :
(1) That the Respondent will not engage in the conduct from
which it is ordered to cease and desist in paragraph 1 (a), (b)
and (c) of this Order;
(2) That it will take the affirmative action ordered in para-
graph II (a) and (b) of this Order;
(3) That the Respondent's employees are free to become or
remain members of Local 1379, United Brotherhood of Carpenters
& Joiners, affiliated with the American Federation of Labor, and
that the Respondent will not discriminate against any employee
because of membership or activity in that organization;
(d) Notify the.Regional Director for the Eighth Region of the
Board, in writing, within ten (10) days from the date of this
Order what steps the Respondent has taken to comply herewith.
9. The labor organization herein referred to as The Committee
and the labor organization herein referred to as the Company
Union do not now claim membership among the employees of
the Respondent.
10. Upon application by the Board, the United States Circuit
Court of Appeals for the Sixth Circuit, or any appropriate Cir-
cuit Court of Appeals of the United States, may enter its decree
enforcing the Order of the Board, as set forth in paragraph 8,
above. All parties hereto expressly waive all right and privilege
to receive further notice of the filing of an application for the
entry of such decree or to contest the entry of such decree.
616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
11. This Stipulation contains the entire agreement between all
the parties hereto and there is no other agreement of any kind,
verbal, or otherwise, which varies, alters, or adds to or detracts
from this Stipulation.
12. This Stipulation is subject to the approval of the National
Labor Relations Board.
On May 9, 1941, the Board issued an Order approving the above
stipulation, making it a part of the record in the case, and transferring
the proceedings to the Board for the purpose of entry of a Decision
and Order, pursuant to the provisions of the stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The respondent , Sun Glow Industries , Inc., an Ohio corporation,
with its principal office in Mansfield , Ohio, is engaged in the manufac-
ture and sale of furniture at Logan, Tipp City, and Fredericktown,
Ohio. The principal raw materials used by respondent in the manu-
facture of its finished products are lumber , paints and varnishes.
The respondent purchased , in the year 1940, raw materials of the ap-
proximate value of $300,000.00 for use in the manufacture of its
finished products at its plant in Fredericktown , Ohio. Approxi-
mately 75 per cent of such raw materials came from sources outside
the State of Ohio. The respondent produced in the year 1940 at its
Fredericktown Ohio, plant furniture approximating $600,000 in value,
approximately 90 per cent of which was sold and transported in inter-
state commerce outside the State of Ohio. The respondent admits that
it is engaged in interstate commerce within the meaning of the Act.
We find that the above -described operations constitute a continuous
flow of trade , traffic and commerce among the several States.
II. THE ORGANIZATIONS INVOLVED
Local 1379, United Brotherhood of Carpenters and Joiners
(A. F. L.) is a labor organization within the meaning of Section
2 (5) of the National Labor Relations Act.
The labor organization variously known as the Company Union,
the Employees Association and Local Workers Union of Frederick-
town, referred to in the stipulation as the Company Union, is a labor
organization within the meaning of Section 2 (5) of the National
Labor Relations Act.
The Committee and Employees Association of Sun Glow Industries,
Inc., are labor organizations within the meaning of Section 2 (5) of
the National Labor Relations Act.
SUN' GLOW INDUSrrRIEls, INC. 617
ORDER
Upon the basis of the above findings of fact, the above stipulations,
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 the respondent, Sun Glow Industries, Inc., Fred-
ericktown, Ohio, its officers, agents, successors and assigns, shall:
1. Cease and desist from :
(a) 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 concerted
activities for the purpose of collective bargaining, or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act.
(b) In any manner dominating or interfering with the administra-
tion of the labor organization which was formed in the plant in
1937 and which labor organization is known as The Committee, and
the labor organization known variously as the Company Union, the
Employees Association, and Local Workers Union of Fredericktown,
Ohio, and the labor organization known as the Employees Association
of Sun Glow Industries, Inc.
(c) From discouraging membership in Local 1379, United Brother-
hood of Carpenters & Joiners, affiliated with the American Federa-
tion of Labor, by terminating the employment of, or refusing to re-
instate any of its employees, or in any other manner discriminating
in regard to the hire or tenure of employment of its employees,
or any term or condition of their employment.
II. Take the following affirmative action to effectuate policies of
the Act :
(a) Refrain from recognition of as the representative of any of
its employees for the purpose of dealing with the respondent con-
cerning grievances, labor disputes, wages, rates of pay, hours of
employment, or other terms and conditions of employment and com-
pletely disestablish the organization which was formed in its plant
in 1937, known as The Committee, and the organization variously
known as Company Union, the Employees Association, and Local
Workers Union of Fredericktown, Ohio, and the organization known
as the Employees Association of Sun Glow Industries, Inc., as such
representatives.
(b) Make whole J. Harvey Carr and Marion Francis Kirby for
any loss of pay they may have suffered by reason of the respondent's
discrimination in respect to their hire or tenure of employment, by
payment to J. Harvey Carr of the sum of Sixty Five ($65) Dollars
and to Marion Francis Kirby of the sum of Fifty ($50) Dollars;
618 DECISIONS OF NATIONAL .LABOR RELATIONS BOARD
(c) Post immediately in conspicuous places in the Fredericktown,
Ohio plant of the respondent, and maintain for a period of at least
sixty (60) - consecutive days notice to its employees, stating :
(1) That the respondent will not engage in the conduct from
which it is ordered to cease and desist in paragraph I (a), (b) and
(c) of this Order;
(2) That it will take the affirmative action ordered in paragraph
II (a) and (b) of this Order;
(3) That the respondent's employees are free to become or- re-
main members of Local 1379, United Brotherhood of Carpenters &
Joiners, affiliated with the American Federation of Labor, and that
the respondent will not discriminate against any employee because
of membership or activity in that organization;
(d) Notify the Regional Director for the Eighth Region of the
Board, in writing, within ten (10) days from the date of this Order
what steps the respondent has taken to comply herewith.