The Egry Register Co.

National Labor Relations Board - Board Decisions

May 23, 1938

7 N.L.R.B. 387 (N.L.R.B. 1938)

In the Matter of THE EGRY REGISTER COMPANY and UNITED ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA, DISTRICT COUNCIL
No. 7, LOCAL No. 806
Case No. C-586.-Decided May 03, 1938
Autographic Register and Supplies Manufacturing Industry-Settlement:
based on stipulation providing for reinstatement and back pay-Order: based
on stipulation.
Mr. W. J. Perricelli, for the Board.
Estabrook, Finn ce McKee, by Mr. Hubert A. Estabroolc, of Dayton,
Ohio, for the respondent.
Mr. K. M. Kirkendall, of Dayton, Ohio, for the United.
Mr. S. G. Lippman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by the United Elec-
trical & Radio Workers of America,' herein called the United, the
National Labor Relations Board, herein called the Board, by Philip
G. Phillips, Regional Director for the Ninth Region (Cincinnati,
Ohio), issued a complaint dated April 27, 1938, against The Egry
Register Company, Dayton, 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 Sec-
tion 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, accompanied by notice of hearing, were duly served upon
the Company and the United.
On April 30, 1938, the respondent filed its answer to the complaint
admitting that it was engaged in interstate commerce within the
meaning of the Act, and denying that it had committed any of the un-
fair labor practices alleged in the complaint. On May 2, 1938, the
respondent filed a motion with the Regional Director that the corn-
'The correct name of the United is United Electrical, Radio and Machine Workers of
America, District Council No. 7, Local No. 806.
387
388 NATIONAL LABOR RELAT IONS BOARD
plaint be made specific in certain details. The Regional Director
denied the motion. The ruling of the Regional Director is hereby
affirmed.
Pursuant to notice a hearing was held in Dayton, Ohio, on May
5, 6, 7, and 9, 1938, before Charles W. Whittemore, the Trial Exam-
iner duly designated by the Board. The Board, the respondent, and
the United were represented by counsel and participated in the hear-
ing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing upon the issues was
afforded all the parties. On May 9, 1938, the Board, the respondent,
and the United entered into the following stipulation :
It is hereby stipulated and agreed by and between The Egry
Register Company, W. J. Perricelli, Attorney, National Labor
Relations Board, and the United Electrical, Radio and Machine
Workers of America, District Council No. 7, Local No. 906,
that:
A. JURISDICTIONAL FACTS
I. The Egry Register Company of Dayton, Ohio, hereinafter
called the respondent, is and has been since June 1, 1928, a cor-
poration, organized and existing under and pursuant to the laws
of the State of Ohio, having its' principal offices and place of
business at Dayton, Ohio.
II. The respondent is, and, has, been at all times , mentioned
herein in the business of manufacturing, selling and distributing
autographic registers, supplies and systems therefor.
III. The respondent operates a manufacturing plant at Day-
ton, Ohio, hereinafter called the Dayton plant, and has agents
taking orders for respondent's products in most of the states in
the United States, in England, France, Cuba and Brazil, and in
many other foreign countries. The Egry Register Company,
respondent herein, operates a subsidiary plant in Toronto,
Ontario, Canada.
IV. During, the period between June ^ 1, 1937, and January 1,
1938, the,.respondent manufactured and, processed- at the Dayton
plant and caused to be sold in both interstate and foreign com-
merce finished autographic registers and supplies and systems
therefor in excess of $500,000.00 in volume.
V. Of the goods so manufactured, processed and sold in the
above mentioned period, over 80% was shipped to destinations
other than the State of Ohio in the United States of America,
and in foreign countries.
VI. That the goods so shipped • as - above mentioned, were
shipped by rail, interstate carrier, or ocean, transportation.
DECISIONS AND ORDERS 389
VII. During the above mentioned period the company pnr-
. chased the following principal raw materials, to-wit : auto-
grapic registers and parts therefor, printing ink, carbon paper,
paper and necessary sundry supplies for use in its manufacturing
and processing of the articles previously described, the sources
of these raw materials all being within the United States; ap-
proximately 331/3% of the raw materials is purchased outside of
the State of Ohio. -Delivery of raw materials is made to the
Dayton plant by interstate carrier or otherwise.
VIII. The percentage of goods above mentioned as having
been-shipped from the Dayton plant by the respondent to points
located in other states other than the State of Ohio, and the per-
centage•of goods purchased and above mentioned as having been
shipped to the Dayton plant of the respondent from points lo-
cated outside the State of Ohio, is substantially equivalent to
shipments to and from the Dayton plant in similar periods since
the effective date of the National Labor Relations Act.
IX. The respondent employs approximately 200 people who
are approximately all engaged in the manufacturing, processing
and distributing of the goods of the respondent mentioned in the
previous paragraph.
B. LABOR ORGANIZATION AND EMPLOYEE STATUS
X:.The,.Uliited^.,,Electrical, Radio., and Machine Workers of
America, District Council No. 7, Local #806,, affiliated with the
Committee for Industrial Organization, is a labor organization
within the meaning of Section 2, Subdivision (5) of the' Act.
XI. Hugo Schwieterman, Alfred Degen and George Gary are
employees of the respondent within the meaning of Section 2,
Subdivision (3) of the Act.
C. CONSENT TO THE ENTRY OF BOARD ORDER
:..XII. The,, respondent -shall permit and consent, and hereby
and herein does permit and consent, to the entry, by the National
Labor Relations Board, of the following
ORDER
Upon the pleadings, the transcript of the record in this
matter, and pursuant to Section 10, Subdivision (c) of the
National Labor Relations Act, the National Labor Relations
Board hereby orders that the respondent, The Egry Register
Company, and its officers , agents, successors and assigns, shall
390 NATIONAL LABOR RELATIONS BOARD
1. Cease and desist from :
(a) Discouraging membership in the United Electrical,
Radio and Machine Workers of America, District Council No.
7, Local #806, or any other labor organization of its employees,
by discharging , refusing to reinstate , or otherwise discriminat-
ing against its employees in regard to hire or tenure of employ-
ment or any term or condition of employment;
(b) Offering , soliciting , entering into, continuing , enforcing
or attempting to enforce any contracts of employment with
its employees executed with the design , intent or purpose of
interfering with, restraining , or coercing its employees in the
exercise of the right to self-organization , to form, join or assist
labor organization , to bargain collectively through representa-
tives of their own choosing , and to engage in concerted activi-
ties for the purpose of collective bargaining or other mutual
aid or protection , as guaranteed in Section 7 of the National
Labor Relations Act.
(c) In any other manner interfering with, ' restraining, or
coercing its employees in the exercise of the right to self-organi-
zation, to, form, join or 'assist 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 in
Section; 7; of, the National Labor • Relations Act.
2. Take the following affirmative action, which the National
-'Labor Relations Board finds will effectuate . the, policies of the
'Act
(a) Offer to HugQ-Schwieterman , Alfred Degen and George
Gary and to each , of them immediate and full reinstatement to
their former positions with all rights and privileges previously
enjoyed, and make whole said employees for any loss of pay
they hiffi e suffered 'by reason of their ' discharge by payment to
each of them , respectively , of a sum of money equal to that
which each would ' normally have earned from ' the date of his
discharge to 'the date of -such offer of 'reinstatement computed
on the basis of their respective weekly wages , less any 'amounts
earned subsequent to the date of discharge.
(b) Pay to Hugo Schivieterman , Alfred Degen and George
Gary the sum set after each of their names :
Alfred Degen----- --- --------------------------- $654.75
George Gary------------------------------------- $654.75
Hugo Schwieterman ----------------------------- $701.73
which is the calculated and agreed upon sum and referred to in
Paragraph 2 (a) herein.
DECISIONS AND ORDERS 391
(c) Furnish the Regional Director of the Ninth Region of
the National Labor Relations Board satisfactory proof of the
payment aforesaid in Section 2, Sub-section (b) of this order
within thirty (30) days after such payment is made.
(d) Post notices in conspicuous places through its Dayton
plant stating that :
(1) The respondent will cease and desist in ,the manner
aforesaid; and (2) that such notices will remain posted for a
period of at least thirty (30) .consecutive days from the date of
posting. -
(e) Notify the Regional Director for the Ninth Region of
the National Labor Relations Board in writing within ten (10)
days from the date of this order what steps the respondent has
taken to comply herewith.
D. CONSENT TO ENFORCEMENT ORDER
XIII. In the event an order of the Board is entered hereon
and it becomes necessary in order, to enforce its terms and pro-
visions to file a petition for enforcement of the Board's' order
in the Sixth Circuit Court of the United States Circuit Court
of Appeals by the National Labor Relations Board, the respond-
ent, The Egry Register Company herein consents and agrees
that an enforcement order of the said court, embodying ,the
terms-and provisions of-the Board's order, may be entered upon
the Board's order, without further notice of the application by
the Board for such -enforcement order.
E. STIPULATION SUBJECT TO BOARD APPROVAL
'XIV. All stipulations herein made and the terms and provi-
sions thereof are made subject to the approval of the National
Labor 'Relations Board.,'
On May 12, 1938, the Board, pursuant to Article II, Section 37,
of National Labor Relations Board Rules and Regulations-Series
1, as amended, directed that the proceeding be transferred to and
continued before it. The Board hereby approves the foregoing
stipulation and the terms and provisions thereof.
ORDER
Upon the pleadings, the transcript of the record in this matter,
including the stipulation set forth above, and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor.
106791-38-vol vii--26
392 NATIONAL LABOR RELATIONS BOARD
Relations Board hereby orders that the respondent, The Egry Reg-
ister Company, its officers, agents, successors, and assigns shall:
1. Cease and desist from :
(a) Discouraging membership in the United Electrical, Radio &
Machine Workers of America, District Council No. 7, Local No. 806,
or any other labor organization of its employees, by discharging,
refusing to reinstate, or otherwise discriminating against its em-
ployees in regard to hire or tenure of employment or any term or
condition of employment ;
(b) Offering, soliciting, entering into, continuing, enforcing or
attempting to enforce any contracts of employment with its em-
ployees executed with the design, intent or purpose. of interfering
with, restraining, or coercing"its employees'-iii the' exercise' of -the
right 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 Sec-
tion 7 of the National Labor Relations Act;
(c) In any other manner interfering with, restraining, or coercing
its employees in the exercise of the right to self-organization, to form,
join, or assist 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 in Section 7 of the National Labor
Relations' Act.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Offer to Hugo Schwieterman, Alfred Degen and George Gary
and to each of them immediate and full reinstatement to their former
positions with all rights and privileges previously enjoyed, and make
whole said employees for any loss of pay they have suffered by
reason of their discharge by payment to each of them, respectively,
of a sum of money equal to that which each would normally have
earned from the date • of his - discharge- to -the. date of :such offer of
reinstatement computed of the`•basis of their respective weekly wages,
less any amounts earned subsequent to the date of discharge;
(b) Pay to Hugo Schwieterman, Alfred Degen and George Gary
the sum set after each of their names :
Alfred Degen-------------------- ----------------------- $654.75
George Gary ------------------------------------------- $654.75
Hugo Schwieterman ------------------------------------ $701.73
which is the calculated and agreed upon sum and ref erred to in para-
graph 2 (a) herein;
• (c)•"Furnish the Regional Director of the-Ninth Region of the1 11 'j,
ons Board satisfactory proof of the paymentNational Labor Relati
DECISIONS AND ORDERS 393
aforesaid in section 2, subsection (b) of this order within thirty (30)
days after such payment is made;
(d) Post notices in conspicuous places throughout its Dayton plant
stating that (1) the respondent will cease and desist in the manner
aforesaid; and (2) that such notices will remain posted for a period
of at least thirty (30) consecutive days from the date of posting;
(e) Notify the Regional Director for the Ninth Region of the
National Labor Relations Board in writing within ten (10) days from
the date of this order what steps the respondent has taken to comply
herewith.