The Globe Co.

National Labor Relations Board - Board Decisions

Dec 22, 1943

54 N.L.R.B. 1 (N.L.R.B. 1943)

In the,Matter ' of THE GLOBE COMPANY and 'JOSPAH ' SHAPIRO, IET -AL.
Cage No. .13-C-3117.-Decided December 22,.19.13
.DECISION
AND
ORDER
On'November •101943,•theTrial Examiner issued his 'Intermediate
Report-in the above-entitled proceeding, finding that _the respondent
had engaged in ,and was engaging lin certain unfair labor practices,
and recommending, that :it .cease 'and .desist from the unfair labor
practices found' and take -certain affirmative. action, as set out in the
copy of the - Intermediate , Report t attached hereto. Thereafter the
respondent +filed r exceptions', to fthe .Intermediate Report and a 'sup-
porting' brief. No-re'quest for' oral "argument 'before the Board at
Washington,'D. C., was madeby any of i the -parties. The Board has
considered 'the rulings of the Trial Examiner gat .the hearing and
finds that no 'prejudicial errors were committed. The rulings are
hereby affirmed. The -Board' has, considered the Intermediate,, Report,
the respondent's-brief and exceptions, and the entire record, in the case,
and hereby adopts'the (findings, conclusions, and 'recommendations
of the Trial Examiner.
ORDER
Upon 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, The Globe Company, Chi-
cago, Illinois, and its officers, agents; successors, and assigns, shall:
1. Cease and desist from :
(a) Discouraging Inembership in any labor organization of its em=
ployees, by discharging on refusing to( reinstate any of its employees,
or by discriminating, in any other manner in, regard to, their hire, or
tenure of'employment'or any term or condition of'their employment;
'(b) 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, organizations, to bargain collectively through rep-
resentatives 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 Act.
54 N. L. R. B.; No. 1.
567900-44-vol. 54-2 1
2 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Offer Josiah Shapiro and Frank Guziak immediate and full
reinstatement to their former or substantially equivalent positions
without prejudice to their seniority or other rights and privileges;
(b) Make whole Josiah Shapiro and Frank Guziak for any loss
of pay they have suffered by reason of the respondent's discrimina-
tion against them, by payment to each of them of a sum of money
equal to the amount which he normally would have earned as wages
during the period from April 1, 1943, to the date of the respondent's
offer of reinstatement, less his net earnings during said period;
(c) Post immediately in conspicuous places throughout its plant in
Chicago, Illinois, and maintain for a period of at least sixty (60) con-
secutive days from the date of posting, notices to its employees stat-
ing: (1) that the respondent will not engage-in the conduct from
which it is ordered to cease and desist in paragraphs 1 (a) and (b)
of this Order; (2) that the respondent will take the affirmative action
set forth in paragraphs 2 (a) and (b) of this Order; and (3) that
the respondent's employees are free to become or remain members of
any labor organization, or to engage in concerted activities for the
purpose of collective bargaining or other mutual aid or protection,
and that the respondent will not discriminate against any employee
because of his membership or activity in behalf of any labor organi-
zation, or because he has engaged in such concerted activity ;
(d) Notify the Regional Director for the Thirteenth Region in
writing, within ten (10) days-from the date of this Order, what steps
the,respondent,has taken to comply herewith.
INTERMEDIATE REPORT
Mr. Robert T. Drake, for the Board.
'Fyffe & Clarke, by'Mr. John Harrington, of Chicago, Illinois , for the respondent.
STATEMENT OF THE CASE,
Upon an amended charge filed on October 13, 1943, by Frank Guziak,' the
National Labor Relations Board, herein called the Board, by the Regional
Director for the Thirteenth Region (Chicago, Illinois), issued its complaint;
dated October' 13, 1943, against The Globe Company, Chicago, Illinois, 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) 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 and notice of
hearing were duly served upon the respondent and upon Josiah Shapiro and
Frank Guziak.
With respect to the unfair labor practices, the complaint alleged in substance:
(1) that the respondent, on or about April 1, 1943, discharged Josiah Shapiro
The original charge was filed April 8, 1943 , and signed by Josiah Shapiro, et al.
THE GLOBE COMPANY 3
and Frank Guziak and has at all times since refused to reinstate said em-
ployees to their former or substantially equivalent employment because they
engaged in concerted activities with other employees for the purpose of,collective
bargaining and other mutual aid and protection, (2) that by said acts the re-
spondent has interfered with, restrained and coerced its employees in the' exercise
of the rights guaranteed in Section 7 of the Act.
On or about October 22, 1943, the respondent filed its answer wherein it ad-
mitted certain allegations in the complaint concerning the nature of its business
and the discharge of Shapiro and Guziak on or about the date alleged in the
complaint, but denied that Shapiro and Guziak were discharged or refused
reinstatement because they engaged in concerted activity with other employees
for the purpose of collective bargaining and other mutual aid and protection.
Pursuant to notice, a hearing was held on October 25 and 26, 1943, at Chicago,
Illinois, before J. J. Fitzpatrick, the undersigned Trial Examiner duly designated
by the Chief Trial Examiner. The Board and the respondent were represented
by counsel, and participated in the hearing. Full opportunity to be heard,
to examine and cross-examine witnesses and to introduce evidence bearing on
the issues was afforded all parties. At the conclusion of the hearing. Board's
counsel moved to amend the complaint to allege that the respondent was incor-
porated under the laws of the State of Illiuois,2 and to conform the pleadings
to the proof as to formal matters. There was no objection and the motion
was granted. At that time also, counsel for the Board and the respondent
presented oral arguments. The parties were advised of their right to file
briefs with the undersigned at the close of the hearing. The respondent has filed
a brief.
Upon the record thus made, and from his observation of the witnesses, the
undersigned makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The Globe Company is an Illinois corporation, having its principal office and
place of business in the City of Chicago, Illinois. It is normally engaged in the
manufacture of machinery and equipment for sausage manufacturers and meat
packers, but since about March 1, 1943, it has also been engaged in the manu-
facture of hatch beams for Maritime Commission ships.' During the 12-monrh
period ending September 30, 1943, the respondent purchased materials in excess
of $50,000 in value, and during the same period sold products in excess of
$100,000 in value. During the first six months of the calendar year 1943 the
respondent produced approximately 150 tons of products per day, of which about
90 percent was shipped to points outside the State of Illinois.'
II. THE UNFAIR LABOR PRACTICES
As heretofore found, the respondent normally manufactured machinery and
equipment for meat packers and sausage manufacturers. However, about March
1, 1943, it contracted to manufacture hatch beams for Liberty ships. To fulfill
8 The complaint alleged that the respondent was incorporated under the yaws of the State
of Delaware.
8 At the time of the hearing the manufacture of hatch beams was the respondent's prin-
cipal occupation.
• The above findings are based upon a stipulation of the parties and upon the respondent's
answer which admitted the interstate character of its business as alleged in the complaint.
4 DECISIONS OF NATIONAL .LABOR RELATIONS BOARD
the-contract, the respondent employed .Daniel Grow, as ;hatch beam production
superintendent„and about 495 additional