Taylor Iron Works and Supply Co.

National Labor Relations Board - Board Decisions

Jun 6, 1942

41 N.L.R.B. 763 (N.L.R.B. 1942)

In the Matter of TAYLOR IRON- WORKS AND SUPPLY COMPANY and
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS
AND HELPERS OF AMERICA, LOCAL No. 12
Case No. C-2205--Decided June 6, 1942
Jurisdiction : steel products manufacturing -industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
-Mr. Alexander E. Wilson, Jr., and Mr. William M. Pate, for the
Board.
Mr. C. Baxter Jones, of Macon, Ga., for the respondent.
Mr. 0. R. Mustain, of Birmingham, Ala., for the Union.
Mr. Frederic B. Parkes, end, of counsel to the Board.
DECISION'
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by International Brotherhood' of Boiler-
makers, Iron Shipbuilders and Helpers of America, Local No. 12,'
herein called the Union, the National' Labor Relations Board, herein
called the Boaard, by'the Acting Regional Director for the Tenth
'Region (Atlanta, Georgia), issued its complaint dated May 1; 1942,
against the Taylor Iron Works and Supply Company, Macon, Geor-
gia, herein called the respondent, alleging that the respondent had
engaged in'and was engaging in unfair labor practices affecting com-
merce, within the meaning of Section 8 (1) 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 notices of hear-
ings thereon were duly served upon the respondent and the Union.
Concerning the unfair labor practices, 'the complaint alleged, in
substance, '(1) that on or about January 16; 1942, and at all times
thereafter, 'the respondent- refused to bargain collectively with the
Uliioir as `the exclusive representative' of its employees within the
appropriate unit; (2) that since January 16, 1942, the respondent, by
its officers, agents; and supervisory employees, urged, persuaded, and
warned its employees'to refrain from' becoming or remaining members
of the Union-and threatened its eniployees'with' discharge or other
41 N. L. R. B., N6!144. ' '
763
11
764 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
reprisals if they became or remained members of the Union; and (3)
that by the foregoing acts the respondent interfered with, restrained,
and coerced its employees in the exercise of the rights guaranteed in
Section 7` of the Act.
On May 2, ` 1942; the respondent, the Union, and counsel for the
Board, entered into a stipulation in 'settlement of the case. This
stipulation provides as follows :
Charges having been filed by International Brotherhood of
Boilermakers, Iron Shipbuilders and Helpers of America, Local
No. 12 (hereinafter' referred to as the Union) with the Acting
Regional Director of the National Labor Relations Board (here-
inafter called the Board) for the Tenth Region, Atlanta, Georgia,,
alleging that Taylor Iron Works and Supply Company (herein-
after referred to as ' Respondent) has engaged in unfair labor
practices within the meaning,of Section 8, subsections (1) and
(5) of the National Labor Relations Act; the Board, through
its Acting Regional Director, having issued and served a com-
plaint stating the charge, service of which is hereby acknowledged
by the parties; the right to file an answer having been waived
by Respondent; and it being the desire of the parties to conclude
all proceedings before the Board in this case;
It is hereby stipulated and agreed by Taylor Iron Works and
Supply Company; International Brotherhood of Boilermakers,
Iron Shipbuilders and Helpers of America, Local No. 12; and
Alexander E. Wilson, Jr., and William M. Pate, Attorneys, Tenth
Region, National Labor-Relations Board, as follows:
1. Respondent is a Georgia corporation with its main office
and place of business in Macon, Georgia. Respondent is now
operating and has operated for a long period of time a plant
in Macon, Georgia, engaged in the processing of certain raw
materials, principally iron and steel, and in the manufacture,
distribution, and sale of certain products therefrom, including
steel tanks and towers, structural steel, boilers, engines, rotary
driers, sugar machinery, standpipe, and small plate. '
2. Respondent purchases annually pig iron, steel, coal, coke,
hardware and other materials for its Macon, Georgia, plant in
the amount of approximately $500,000. Approximately ninety
per cent of these purchases originate in states other than the
State of Georgia.
3. Respondent's sales of its manufactured products amount to
approximately $850,000 annually. Approximately 65 per cent of
the sales are made within the State of Georgia and 35 per cent
are made in states other than the State of Georgia. -
TAILOR IRON , WORKS AND SUPPLY COMPANY 765
4. Respondent employs at its Macon plant, approximately 200
persons of whom approximately 66 are classified as boilermakers,
welders, and helpers.
5. For the purposes of this stipulation only, Respondent sub-
mits to the jurisdiction of the National Labor Relations'Board.
6. International Brotherhood of Boilermakers, Iron Shipbuild-
ers and Helpers of America is a labor organization within the
meaning of Section 2, subsection (5) of the National Labor Rela-
tions Act.
7. All the boiler makers, welders and helpers employed by
Respondent at its Macon, Georgia, plant constitute the appro- '
priate unit for collective bargaining within the meaning of
Section 9 (b) of the National Labor Relations Act in order to
insure to employees the full benefit of their right to self-organiza-
tion and collective bargaining and to otherwise effectuate the
policies of said Act.
8. The Union has been designated as and is the representative
for collective bargaining of a majority of the employees in the
appropriate unit set out in Paragraph 7 hereof and is, by virtue
of Section 9 (a) of the National Labor Relations Act, the ex-
clusive bargaining agency of the employees in the said appropri-
ate unit for the purposes of collective bargaining in respect to
rates of pay, hours, of work and other conditions of employment.
9. The parties hereto waive their. rights to a hearing, to the
making of findings of fact and conclusions of law by the National
Labor Relations Board and to any other and further procedure
before said Board.
10. The above-described charge, complaint and notice of hear-
ing, affidavit as to service of said complaint and notice of hearing,
the Rules and Regulations of National Labor Relations Board,
Series 2, as amended, and this stipulation shall constitute the
entire record in this case. This record shall be filed with the
National Labor Relations Board by transmitting the same to
the Chief Trial Examiner of the said Board at Washington, D. C.
11. The parties hereby agree to the issuance by the Board,
without further notice or proceedings, of an order substantially
in the following form, which order shall have the same force
and effect as if made after full hearing, presentation of evidence
and the making of findings of fact and conclusions of law:
ORDER
Respondent, Taylor Iron Works and Supply_ Company, its
officers, agents, successors and assigns, shall take the following
action :
766 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. Respondent shall not:
a. Refuse to bargain collectively with International
Brotherhood of Boilermakers, Iron Shipbuilders
and Helpers of America, Local No. 12, as the ex-
clusive representative of its boiler makers, welders
and helpers at its Macon, Georgia, plant.
b. In any other manner interfere with, restrain or coerce
its employees in the exercise of their rights to
self-organization, to form, join or assist a labor
organization, to bargain collectively through
representatives of their own choosing and to en-
gage in concerted activities for the purpose of
collective bargaining, or other mutual aid or pro-
tection as guaranteed by Section 7 of the National
Labor Relations Act.
2. Respondent shall take the following affirmative action to
effectuate the policies of the National Labor Relations
Act.
a. Upon request bargain collectively with the Interna-
tional Brotherhood of Boilermakers, Iron Ship-
builders and Helpers of America, Local No. 12, as
exclusive representative of the majority of its
boiler makers, welders and helpers at its Macon,
Georgia, plant.
b. Immediately post copies of notice attached hereto and
made a part hereof, and marked "Appendix A,"
in conspicuous places throughout the Respond-
ent's premises, and maintain said notices for a
period of 60 days from date of posting such
notices.'
c. Notify the Regional Director of the National Labor
Relations Board for the Tenth Region within
ten days from the date of this order what steps
Respondent has taken to comply therewith.
12. Upon application by the Board, without further notice
to the parties, the United States Circuit Court of Appeals for
the Fifth Circuit, or any other appropriate Court, as provided
for in Section 10 (e) of the Act, may enter a decree embodying
substantially the above order of the Board, and the parties ex-
pressly waive their right to contest the entry of such decree.
13. The entire agreement between the parties is contained
within the terms of this instrument and there is no verbal agree-
ment of any kind which varies, alters or adds to this stipulation.
i The notice is set forth as Appendix "A" to this decision and Order.
TAYLOR IRON WORKS AND SUPPLY COMPANY 767
14. This stipulation is subject to the approval of the National
Labor Relations Board and shall become effective immediately
upon the granting of such approval.
On May 28, 1942, the Board issued its order approving the above
stipulation, making it part of the record in the case, and, pursuant
to Article II, Section 36, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, transferring the proceeding
to the Board for the purpose of entry of a.. Decision and Order by the
Board pursuant,to the provisions 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
1. TIIE BUSINESS OF TIIE , RESPO _NDENT
Taylor Iron Works and Supply Company, a Georgia corporation
having its -office and place of business in Macon, Georgia , is engaged
in•the,processmg of certain raw materials, principally iron and steel,
and' in the manufacture , distribution , and sale of certain products
therefrom , including steel tanks and towers , structural steel , boilers,
engines, rotary driers, sugar machinery , standpipe, and small plate.
Each year the respondent purchases materials valued at approxi-
mately $500 ,000, approximately 90 percent of which originated in
States other than the State of Georgia . The sales of the respond-
ent's manufactured, products amounted to approximately $850,000
annually. Of such sales, approximately 65 percent is made within.
the State of Georgia and 35 percent is made in States other than the
State. of Georgia,.
The respondent , admits, for the purpose of this proceeding, and we
find, that it is engaged in commerce within the meaning of the Act.
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
National Labor Relations Act, the National Labor Relations Board
hereby orders that Taylor Iron Works and Supply Company , Macon,
Georgia, its officers, agents , successors ; and assigns - shall take the
following action:
•
1. Respondent shall not:
(a) Refuse to bargain collectively with International Brotherhood
of Boilermakers , Iron Shipbuilders and Helpers of America, Local
No. 12, as the exclusive representative of its boiler makers, welders,
and helpers at its Macon, Georgia plant.
768 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) In any other manner interfere with, restrain or coerce its
employees in the exercise of their rights to self-organization, to form,
join or assist a labor organization, 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 by Section 7 of the National Labor
Relations Act.
2. Respondent shall take the following affirmative action to effec-
tuate the policies of the National Labor Relations Act.
(a) Upon request bargain collectively with the International
Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of
America, Local No. 12, as exclusive representative of the majority of
its boiler makers, welders and helpers at its Macon, Georgia, plant.
(b) Immediately post copies of notice attached hereto and made
a part hereof, and marked "Appendix A," in conspicuous places
throughout the Respondent's premises, and maintain said notices
for a period of 60 days from date of posting such notices.
(c) Notify the Regional Director of the National Labor Relations
Board for the Tenth Region within ten days from the date of this,
order what steps Respondent has taken to comply therewith.
APPENDIX A
NOTICE To EMPLOYEES
The Taylor Iron Works and Supply Company recognizes fully the
rights of its 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, and
states further that :
(1) It will bargain collectively with International Brotherhood
of Boilermakers, Iron Shipbuilders and Helpers of America, Local
No. 12 as the exclusive bargaining representatative of the boiler-
makers, welders, and helpers employed in its Macon, Georgia, plants.
(2) It will not in any other manner interfere with, restrain or
coerce its employees in the exercise of the rights of its employees to
self-organization, to form, join or assist labor organizations, to bar-
gain collectively through representatives of their own choosing, and
to engage in concerted activities for the purpose of collective bargain-
ing or other mutual aid and protection, as guaranteed in Section 7
of the National Labor Relations Act.
TAYLOR IRON WORKS AND SUPPLY COMPANY 769
(3) Its employees are free to become or remain members of Inter-
national Brotherhood of Boilermakers, Iron Shipbuilders and Help-
ers of America, Local No. 12 without interference on the part of any
representative of the Company.
This the ---------- day of ----------------,1942
TAYLOR IRON WORKS AND SUPPLY COMPANY,
By ----------------------------------------
President.
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