The Galanot Products Co.

National Labor Relations Board - Board Decisions

Apr 28, 1941

31 N.L.R.B. 433 (N.L.R.B. 1941)

In the Matter of THE GALANOT PRODUCTS COMPANY and INTERNA-
TIONAL BROTHERHOOD OF FOUNDRY EMPLOYEES (INDEPENDENT) AND
MACHINE WORKERS PROTECTIVE ASSOCIATION, INC., PARTY TO THE
-CONTRACT
Case No. C-1851.-Decided April 28, 1941 .
Jurisdiction : tractor devices manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Norman F. Eclmonds and Mr. Louis Plost, for the Board.
Mr. C. P. Galanot, for the respondent.
Mr. Lawrence J. Brick, for the International.
Mr. John P. Tierney, for the Association.
Mr. William H. Bartley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by the International
Brotherhood of Foundry Employees (Independent), herein called
the International, the National Labor Relations Board, herein called
the Board, by the Regional Director for the Eighth Region (Cleve-
land, Ohio), issued its complaint dated April 1, 1941, against The
Galanot Products Company, Alliance, Ohio, herein called the re-
spondent, alleging that the respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce within the mean-
ing 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, the International, and the Machine
Workers Protective Association, Inc., herein called the Association,
a labor organization allegedly dominated by the respondent.
Regarding the unfair labor practices, the complaint, alleged, in
substance, (1) that the respondent during or about the month of
August 1940, dominated and interfered with the formation of the
31 N. L. R. B., No 68.
433
434 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Association, and has since fostered, supported and dominated its ad-
ministration; (2) that on December 30, 1940, the respondent, in order
to interfere with the rights of its employees to self-organization and
collective bargaining, illegally and contrary to the policy of the
National Labor Relations Act entered into a contract with the Associ-
ation; (3) that in September 1940, the respondent discharged Leon
Breckenridge, and since that time has refused to reinstate him, be-
cause of his union activity and membership; (4) that by these and
other acts the respondent since July 1940 interfered with, restrained,
and coerced its employees in the exercise of the rights guaranteed in
Section 7 of the Act.
On April 1, 1941, prior to the scheduled hearing in the case, the
respondent, the International, the Association, and Counsel for the
Board entered into a Stipulation for Settlement of the Case. The
Stipulation provides as follows :
STIPULATION
IT IS HEREBY STIPULATED AND AGREED by and among The Gala-
not Products Company, hereinafter referred to as the Respond-
ent, and the International Brotherhood of Foundry Employees,
hereinafter referred to as the International, the Machine Work-
ers Protective Association, Inc., hereinafter referred to as the
Association, and Norman F. Edmonds, Attorney, and Louis
Plost, Field Examiner, of the National Labor Relations Board,
Eighth Region, that :
1. Upon an Amended Charge filed by the International, the
National Labor Relations Board, hereinafter referred to as the
Board, by Oscar S. Smith, Regional Director for the Eighth
Region, Cleveland, Ohio, acting pursuant to authority granted
in Section 10 (b) of the National Labor Relations Act, 49 Stat.
449, hereinafter referred to as the Act, and acting pursuant to
its Rules and Regulations, Series 2 ' as amended, issued its Com-
plaint and Notice of Hearing on April 1, 1941, 'against the
Respondent.
II. All parties hereto acknowledge service of the Complaint
and Notice of Hearing, Amended Charge, and a copy of the
Board's Rules and Regulations, Series 2 as amended, and ex-
pressly waive further pleadings, hearing, and the making of
findings of fact, and conclusions of law by the Board.
III. The Respondent is an Ohio corporation, and has its prin-
cipal office in Alliance, Ohio. The Respondent has two manu-
facturing plants located in Alliance, Ohio, hereinafter called
the Alliance Plants.
THE GALANOT PRODUCTS COMPANY' \ 435
IV. The Respondent is engaged in the manufacture, sale, and
distribution of caterpillar devices for tractors, tire tracks for
tractors, into jacks, and other products. The principal mate-
rials used by the Respondent in the manufacture of its finished
products are cast iron and steel forgings, iron and steel sheets,
and other metal materials. The value of the materials used
during the six months immediately preceding the signing of this
Stipulation by the Respondent in the manufacture of its finished
products at the Alliance Plants amounted to approximately
$64,000. Approximately 10% of such materials came from
without the State of Ohio. During the six months immediately
preceding the signing of this Stipulation, the value of the fin-
ished products manufactured by the Respondent at the Alliance
Plants amounted to approximately $200,000. Approximately
95% of these finished products, manufactured at the ' Alliance
Plants, were sold and shipped in interstate commerce by the Re-
spondent to points outside the State of Ohio.
V. The Respondent concedes that its operations affect com-
merce within the meaning of Section 2 (6) and (7) of the Act.
VI. The International and the Association are labor organiza-
tions within the meaning of Section 2 (5) of the Act.
VII. This Stipulation, together with the Amended Charge,
the Complaint and Notice of Hearing, and a copy of the Agree-
ment between Machine Workers Protective Association, Inc. and
The Galanot Products Company, entered into on December 30,
1940, and a copy of the Board's Rules and Regulations, Series
2 as amended, may be filed with the Chief Trial Examiner of
the Board at Washington, D. C., and when so filed, shall consti-
tute the entire record in this case.
VIII. It is further stipulated that upon the entire record in
this case, as set forth in Paragraph VII hereof, an Order may
forthwith be entered by the Board, providing as follows :
1. The Respondent, The Galanot Products Company, its
officers, agents, successors, and assigns, shall cease and desist
from :
(a) In any manner interfering with, restraining, or coercing
its employees in ' the ,exercise of their right to self-organization,
to form, join, or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bar-
gaining 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 Machine Workers Protective 'Association,
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436 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Inc., or the formation or administration' of any other labor
organization of its employees, or contributing support to said
Association or any other labor organization of its employees;
(c) Giving effect to the contract of December 30, 1940 with the
Machine Workers Protective Association, Inc., as well as to any
extension, renewal, modification; or supplement thereof and any
superseding contract with the said Association, which may now
be in force;
(d) Discouraging membership in the International Brother-
hood of Foundry Employes or any other labor organization of
its employees by discharging or laying off or refusing to rein-
state any of its employees because of membership or activity
in any such labor organization or because of the exercise by any
of its employees of their right to engage in concerted activities
for the purpose of collective bargaining or other mutual aid or
protection.
2. The Respondent, its officers, agents, successors, and assigns,
shall take the following affirmative action to effectuate the poli-
cies of the Act :
(a) Withdraw all recognition from the Machine Workers
Protective Association, Inc. as representative of any of its em-
ployees for the purpose of dealing with the Respondent concern-
ing grievances, labor disputes, wages, rates of pay, hours of
employment, or other conditions of employment, and completely
disestablish the said Association as such representative ;
(b) Offer to Leon Breckenridge immediate and full reinstate-
ment to his former or substantially equivalent position without
loss of any rights or privileges previously enjoyed by him;
(c) Make whole Leon Breckenridge for all losses of pay re-
sulting from his discharge or layoff by payment to him of the
sum of One Hundred and Fifty Dollars ($150) ;
(d) Post immediately in conspicuous places throughout its
plants and maintain for a period of at least sixty (60) consecu-
tive days, notices that the Respondent will cease and desist
in the manner aforesaid, and will take the affirmative -aforesaid
action ;
(e) Notify the Regional Director for the Eighth, Region in
writing within ten (10) days from the date of this Order what
steps the Respondent has taken to comply herewith.
IX. It is further stipulated and agreed that any appropriate
Circuit Court of Appeals in the United States may upon appli-
cation by the Board enter its decree enforcing the Order of the
Board in the form above set. out. The Respondent waives its
right to contest the entry of any such decree and its right to
THE. GALANOT PRODUCTS COMPANY 437
receive notice of the filing of an application for the entry of-
such decree.
X.'This Stipulation contains the entire agreement between the
parties, there being no agreement of any kind, verbal or other-
wise, which varies, alters, or adds to this Stipulation.
XI. This Stipulation shall be of no force and effect unless
and until approved by the Board.
On April 11, 1941, the Board issued its order approving the Stipu-
lation, making it a part of the record, and pursuant to Article II,
Section 36, of National Labor' Relations Board Rules and Regula-
tions-Series 2, as amended, transferring the proceeding 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 RESPONDENT
The Galanot Products Company, an Ohio corporation with its
principal offices and two manufacturing plants located in Alliance,
Ohio, is engaged in the manufacture, sale, and distribution of cater-
pillar devices for tractors, tire tracks for tractors, auto jacks, and
other products. The principal materials used by the respondent in
the manufacture of its finished products are cast iron and-steel forg-
ulgs, iron and steel sheets, and other metal materials. The value of
the materials used by the respondent in the manufacture of its fin-
ished products at the Alliance plants amounted to approximately
$64,000 during the 6 months prior to April 1, 1941. Approximately
10 per cent of such materials came from without the State of Ohio.
During the same period, the value of the finished products manufac-
tured by the respondent at the Alliance plants amounted to approxi-
mately $200,000. Approximately 95 per cent of these finished
products were sold and shipped by the respondent to points outside
the State of Ohio. The respondent concedes that its operations af-
fect commerce within the meaning of Section 2 (6) and (7) of the
Act.
We find that the above-described operations constitute a continuous
flow of trade, traffic and commerce among the several States.
ORDER
Upon the basis of the above findings of fact and stipulation and
the entire record in the case, and pursuant to Section 10 (c) of the
438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Act, the National Labor Relations Board
hereby orders that The Galanot Products Company, Alliance, Ohio,
its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) In am manner interfering with, restraining, or coercing its
employees in the exercise of their 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 Section 7 of the National Labor
Relations Act;
(b) In any manner dominating or interfering with the administra-
tion of the Machine Workers Protective Association, Inc. or the
formation or administration of any other labor organization of its
employees, or contributing support to said Association or any other
labor organization of its employees;
(c) Giving effect to the contract of December 30, 1940, with the
Machine Workers Protective Association, Inc., as well as to any
extension, renewal, modification, or supplement thereof and any
superseding contract with the said Association, which may now be in
force;
(d) Discouraging membership in the International Brotherhood
of Foundry Employees or any other labor organization of its em-
ployees by discharging or laying off or refusing to reinstate any, of its
employees because of membership or activity in any such labor organi-
zation or because of the exercise by any of its employees of their
right to engage in concerted activities for the purpose of collective
'bargaining or other mutual aid or protection.
2. Take the following affirmative action to effectuate the policies
of the Act:'
(a) Withdraw all recognition from the Machine Workers Protec-
tive Association, Inc. as 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
conditions of employment, and completely disestablish the said As-
sociation as such representative;
(b) Offer to Leon Breckenridge immediate and full reinstatement
to his former or substantially equivalent position without loss of any
rights or privileges previously enjoyed by him;
(c) Make whole Leon Breckenridge for all losses of pay resulting
from his discharge or lay-off by payment to him of the sum of One
Hundred and Fifty Dollars ($150) ;
THE GALANOT PRODUCTS COMPANY 439
(d) Post immediately in conspicuous places throughout its plants
and maintain for a period of at least sixty (60) consecutive days, no-
tices that the respondent will cease and desist in the manner aforesaid,
,and will take the affirmative aforesaid action ;
(e) Notify the Regional Director for the Eighth Region in writing
within ten (10), days from the date of this Order what steps the
respondent has taken to comply herewith.