The Greer Steel Company

National Labor Relations Board - Board Decisions

Jan 17, 1939

10 N.L.R.B. 1233 (N.L.R.B. 1939)

In the Matter of THE GREER STEEL COMPANY and AMALGAMATED Asso-
CIATION OF IRON, STEEL & TIN WORKERS OF NORTH AMERICA, Tus-
CORA LODGE No. 173
Case No. C-1089.-Decided January 17, 1939
Iron and Steel Industry-Settlement : agreement to comply with the Act-
Order: entered on stipulation-Discrimination : charges of, dismissed.
Mr. Max W. Johnstone and Mr. Harry L. Lodish, for the Board.
Bowers, Stafford & Bowers, by Mr. Russell Bowers and Mr. H. I. N.
Stafford, of New Philadelphia, Ohio, for the respondent.
Mr. Lester Asher, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE ,CASE
Upon charges and amended charges duly filed by Amalgamated
Association of Iron, Steel & Tin Workers of North America, Tuscora
Lodge No. 173, herein called the Union, the National Labor Relations
Board, herein called the Board, by the Regional Director for the
Eighth Region (Cleveland, Ohio), issued its complaint dated No-
vember 5, 1938, against The Greer Steel Company, Dover, Ohio,
herein called the respondent, alleging that the respondent had en-
gaged in and was-engaging in unfair labor practices affecting com-
merce, 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. The complaint, notice of hearing thereon,,and notice
of postponement of hearing were duly served upon the respondent,
the Union, and the American Federation of Labor.
The complaint alleged, in substance, that the respondent discrim-
inated against five named employees who joined and assisted the
Union by affording them fewer hours of work than non-union em-
ployees; and that the respondent, by the aforesaid acts, by threatening
to move its plant, by urging and warning its employees to refrain
from joining the Union, and by other acts, interfered with, restrained,
and coerced its employees in the exercise of the rights guaranteed in
Section 7 of the Act.
10 N. L. R. B., No. 109.
1233
1234 NATIONAL LABOR RELATIONS BOARD
On November 10, 1938, the respondent filed its answer to the com-
plaint in which it admitted the allegations concerning the nature and
scope of its business, but denied the allegations of unfair labor
practices.
Pursuant -to the notice of hearing and notice of postponement
thereof, a hearing was held on November 28, 1938, at New Philadel-
phia, Ohio, before Charles W. Whittemore, the Trial Examiner duly
designated by the Board. The Board and the respondent were repre-
sented by counsel and the Union was represented by its district
president.
At the hearing, counsel for the Board, counsel for the respondent,
and the Union entered into a stipulation concerning the terms of a
consent order which the Board could enter in the case upon its ap-
proval of the stipulation. . This stipulation provides as follows :
WHEREAS, the Amalgamated Association of Iron, Steel & Tin
Workers of North America, Tuscora Lodge No. 173, filed a charge
against the Greer Steel Company on July 26, 1937, and a com-
plaint having been issued thereon by the National Labor Rela-
tions Board on November 1, 1937, and a hearing having been
held in the matter on November 11th and 12th, 1937, being cases
numbered R-387, and C-294, at which time a stipulation was
agreed upon by all parties, leading to an order dated December
3, 1937, and
WHEREAS, a new charge known as the second amended charge,
was filed by the Amalgamated Association of Iron, Steel & Tin
Workers of North America, Tuscora Lodge No. 173, by Joseph
K. Gaither, Second District President of said Association, and
WHEREAS, the complaint and notice of hearing were issued by
the National Labor Relations Board through James P. Miller,
Regional Director of the National Labor Relations Board for the
Eighth Region on November 5, 1938, and
WHEREAS, an answer was filed by The Greer Steel Company
on November 8, 1937;
IT IS STIPULATED by and between the Amalgamated Association
of Iron, Steel & Tin Workers of North America, Tuscora Lodge
No. 173, hereinafter referred to as the Union, through Joseph K.
Gaither, District President, and The Greer Steel Company, here-
inafter referred to as Respondent, through its attorneys, Bowers,
Stafford & Bowers, and Harry L. Lodish and Max W. Johnstone,
Attorneys for the National Labor Relations Board, that
(1) The Respondent admits it is engaged in interstate com-
merce, as alleged in paragraphs 1 and 2 of the complaint; and
that the respondent was incorporated January 20, 1920, in the
State of West Virginia.
DECISIONS AND ORDERS 1235
Its principal office and place of business are in Dover, in the
State of Ohio.
It has plants located at Dover, in the State of Ohio; at
Detroit, in the State of Michigan; and at Anderson in the State
of Indiana; and at Greer, in the State of West Virginia.
It has resident salesmen at Detroit, Michigan, at Anderson,
Indiana, and at Chicago, Illinois.
The Respondent is engaged in the business of producing cold
rolled strip steel at its plant in Dover, Ohio.
The principal raw materials used by the respondent are hot
rolled strip steel which comes from Youngstown, Ohio, Cleve-
land, Ohio, Chicago, Illinois, Pittsburgh, Pennsylvania, and
from Nest Virginia.
Thirty per cent of the hot rolled strip steel, which is used by
the respondent, comes from points outside of the State of Ohio.
More than sixty per cent of the finished product of the
respondent is shipped to points outside the State of Ohio, over
the Pennsylvania and Baltimore & Ohio Railroad systems.
The total purchases of hot rolled strip steel made by the
respondent during the year 1937 was over $200,000 in value, and
the total sales of the respondent's products during the year 1937
was over $300,000 in value.
(2) That the union is a labor organization within the meaning
of the Act, as alleged in paragraph 3 of the complaint.
(3) That the respondent shall cease and desist from in any
manner interfering with, restraining or coercing its employees
in the exercise of their right of self-organization, to form, join
or assist labor organizations, to bargain collectively through
representatives of their own choosing , and to engage in con-
certed activities for the purpose of collective bargaining or other
mutual aid or protection, as guaranteed under Section 7 of this
Act.
(4) That the respondent shall cease and desist from discourag-
ing by any means membership in the Tuscora Lodge No. 173 of
the union, or any other labor organization of its employees
choosing.
(5) That the respondent will inform all their officials and
agents, including superintendents, foremen , and other super-
visory employees, that they shall not in any manner approach
employees concerning or discuss with the employees the question
of their labor affiliation or threaten employees in any manner
because of their membership in any labor organization in gen-
eral or in the union in particular.
(6) That the respondent will post a notice in conspicuous
places in its plants at Dover, Ohio, which notice shall state that
1236 NATIONAL LABOR RELATIONS BOARD
the respondent shall cease and desist, as provided in paragraphs
3, 4, and 5, and shall keep such notice posted for a period of at
least thirty days from the date of notification of approval of this
stipulation.
(7) That the charge and complaints filed heretofore against
the respondent, including the charge and complaints above re-
ferred to, subject to the approval of the National Labor Rela-
tions Board, are disposed of finally by this stipulation.
(8) The union withdraws, with prejudice, its charges of dis-
crimination as to the following individuals :
Phillip Hammerstron,
John Moffitt,
John Lindberg,
S. L. McClellan, and
Merrill Adams.
(9) That this stipulation and all the documents in Board's
Exhibit 1 are hereby made a part of this proceeding and evi-
dence herein as the basis of approval of the Board of this
stipulation, and that this stipulation is subject to the approval
of the Board.
(10) That the respondent, having been duly served with the
complaint, notice of hearing, and second amended charge, waives
its right to hearing as set forth in Section 10-B and Section 10-C
of the Act, and as to findings of fact and conclusions of law by
the Board.
(11) That upon approval of this stipulation by the Board,
an order may forthwith be entered by the Board, and upon ap-
plication, without notice to the parties, by the appropriate
United States Court of Appeals, providing as follows :
A. Respondent will cease and desist as follows :
1. Cease and desist from 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 organ-
izations, to-bargain collectively through representatives of their
own choosing, and to engage in concerted activities for the pur-
poses,of collective bargaining, or other mutual aid or protection,
as guaranteed under Section 7 of this Act.
2. Cease and desist from discouraging*by any means member-
ship in Tuscora Lodge No. 173 of the Amalgamated Association
of Iron, Steel & Tin Workers, or any other, labor organization
of its employees choosing.
B. The respondent shall take the following affirmative action
to effectuate the policies of the Act :
DECISIONS AND ORDERS 1237
1. Inform all of their .officials and agents, including superin-
tendents, foremen and other supervisory employees, that they
shall not in any manner approach employees concerning or dis-
cuss with the employees the question of their labor` affiliations
or threaten employees in any manner because of their member-'
ship in any labor organization in general or in the Amalgamated
Association of Iron, Steel & Tin Workers, Tuscora Lodge No.
173, in particular.
2. Post a notice, which notice shall state that the respondent
shall cease and desist, as provided in paragraphs 3, 4, and 5
above, in conspicuous places in its plant at ;Dover, Ohio, and
shall keep such notice posted for a period of, at least thirty days
from the date of posting.
On December 14, 1938, the Board issued its order approving the
above stipulation, making it part of the record, and transferring
the proceedings 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 entire record in the case, the Board makes the fol-
lowing :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent was incorporated on January 20, 1920, in the State
of Virginia . Its principal office and place of business is in Dover,
Ohio. It has plants located at Dover, Ohio; at Detroit, Michigan;
at Anderson , Indiana; and at Greer, West Virginia . It has resident
salesmen at Detroit , Michigan , at Anderson , Indiana, and at • Chi-
cago, Illinois. The respondent is engaged in the business of pro-
ducing cold rolled strip steel at its plant in Dover, Ohio. The prin-
cipal raw materials used by the respondent are hot rolled strip steel
which comes from Youngstown, Ohio, Cleveland , Ohio, Chicago,
Illinois, Pittsburgh , Pennsylvania , and from West Virginia. Thirty
per cent of the hot rolled strip steel which is used by the respondent
comes from points outside of the State of Ohio. More than 60 per
cent of the. finished product of the respondent is shipped to-points,
outside the State of Ohio, over the Pennsylvania and Baltimore &
Ohio Railroad systems. The total purchases of -hot - rolled strip
steel made by the respondent during the year 1937 was in excess of
$200,000 in value, and the total sales of the respondent 's products
during the year 1937 was in excess of $300,000 in value. The re-
spondent admits, and we find, that the above -described operations
constitute a continuous flow of trade , traffic, and commerce among
the several States.
147541-39-vol. 10-- 7 9
1238 NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
Amalgamated Association of Iron, Steel & Tin Workers of North
America, Tuscora Lodge No. 173, is a labor organization.
ORDER
Upon the basis of the above findings of fact, the 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 The Greer Steel Company, Dover, Ohio, 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 purposes of collective bargaining or other mutual.
aid or protection, as guaranteed under Section 7 of the Act;
(b) Discouraging by any means membership in Tuscora Lodge
No. 173 of the Amalgamated Association of Iron, Steel & Tin Work-
ers or any other labor organization of its employees' choosing.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Inform all of its officials and agents, including superintend-
ents, foremen, and other supervisory employees, that they shall not
in any manner approach employees concerning or discuss with the
employees the question of their labor affiliations or threaten employees
in any manner because of their membership in any labor organiza-
tion in general or in the Amalgamated Association of Iron, Steel
& Tin Workers of North America, Tuscora Lodge No. 173, in
particular;
(b) If it has not already done so, post a notice in conspicuous
places in its plant at Dover, Ohio, stating that the respondent will
cease and desist as aforesaid, and keep such notice posted for a period
of at least thirty (30) days from the date of the date of posting.
AND IT IS FURTHER ORDERED that leave be, and it hereby is, granted
to the Union to withdraw, with prejudice, its charges of discrimina-
tion as to Phillip Hammerstron, John Moffitt, John Lindberg, S. L.
McClellan, and Merrill Adams.
AND IT IS FURTHER ORDERED that the complaint be, and it hereby is,
dismissed in so far as it alleges that the respondent has engaged in
unfair labor practices within the meaning of Section 8 (3) of the
Act.