The Kelly Co.

National Labor Relations Board - Board Decisions

Feb 10, 1942

38 N.L.R.B. 1039 (N.L.R.B. 1942)

In the Matter of THE KELLY COMPANY and WAREHOUSEMEN AND
DISTRIBUTION WORKERS UNION, LOCAL 2-9 (C. 1. 0.)
Case No. C-2005.Decided February 10, 1942
Jurisdiction : nuts and nut products manufacturing industry.
Settlement : stipulation providing for compliance with the Act
Remedial Orders : entered on stipulation
Mr. Harry L. Lodi.q/t, for the Board.
Mr. F. G. Hogen, Jr., for the Respondent.
Mr. E. C. Greeniaeld, of Cleveland, Ohio, for the Union.
Mr. George A. Koplow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Warehousemen
and Distribution Workers Union, Local 2-9 (C. I. 0.), 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 January 19, 1942, against The
Kelly Company, Cleveland, Ohio, herein called the respondent, alleg-
ing that the respondent had engaged in and was engaging in unfair
labor practices affecting commerce, within the meaning of Section 8
(1) 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 parties.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent, by its officers and agents, advised its
employees to give up their membership in the Union, transferred
and shifted employees to discourage their membership in and activi-
ties on behalf of the Union, discriminated against union members in
the assignment of work and working hours, and reprimanded and
criticized the work of union members without just cause.
On January 19, 1942, the respondent filed an answer admitting the
allegations of the complaint with regard to the nature and extent of
38 N L R B, No. 195.
1039
1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
its business, but denying the allegations of unfair labor practices and
alleging certain affirmative defenses.
On January _19, 1942, prior to the scheduled hearing in the case,
the respondent, the Union, and counsel for the Board entered into a
stipulation in settlement of the case. The stipulation provides as
follows :
IT IS HEREBY STIPULATED AND AGREED by and among The Kelly
Company, an Ohio corporation, hereinafter called the Respondent,
Warehousemen and Distribution Workers Union, Local 2-9
(C. I. 0.), hereinafter called the Union, and Harry L. Lodish,
Regional Attorney for the National Labor Relations Board,
Eighth Region, hereinafter called the Board, as follows :
1. Upon an amended charge duly filed by the Union, Hugh E.
Sperry, Regional Director for the Eighth Region of the Board,
as agent for the Board, acting pursuant to authority granted in
Section 10 (b) of the National Labor Relations Act, hereinafter
called the Act, and acting pursuant to the Board's Rules and Regu-
lations, Series 2, as amended, issued its Complaint and Notice of
Hearing on the 19th day of January, 1942 against the Respondent.
On the 19th day of January, 1942, the Respondent filed its Answer
herein.
II. The Respondent is an Ohio corporation engaged in the man-
ufacture, processing, sale and distribution of nuts and nut prod-
ucts. In 1940, the Company purchased nuts valued at approxi-
mately $800,000, 70 per cent of which came from outside the State
of Ohio. In the same period, the Respondent's sales approximated
$1,200,000, about 55 per cent of which were shipped outside the
State of Ohio.
III. The Respondent is engaged in commerce within the mean-
ing of Section 2 (6) and (7) of the Act.
IV. The Union is a labor organization within the meaning of
the Act.
V. All parties hereto acknowledge service of the Complaint,
Notice of Hearing, Amended Charge, Rules and Regulations,
Series 2, as amended, and Answer and expressly waive further
pleadings, hearing, the making of Findings of Fact and Conclu-
sions of Law by the Board.
VI. This Stipulation, together with the Complaint, Notice of
Hearing, Amended Charge, Rules and Regulations, Series 2, as
amended, and Answer may be filed with the Chief Trial Examiner
of the Board at Washington, D. C., and when so filed, shall
constitute the record in this case.
VII. All parties hereto hereby consent to the entry of an Order
by the Board providing that, on the basis of the record in the case,
THE KELLY COMPANY 1041
pursuant to Section 10 (c) of the Act, the Respondent, its officers,
agents, successors and assigns :
1. Shall not in any manner interfere with, restrain, or coerce 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 purpose of collective bargaining, or
other mutual aid or protection, as guaranteed in Section 7 of the
National Labor Relations Act.
2. Shall take the following affirmative action to effectuate the
policies of the Act :
(a) Post immediately in conspicuous places in its plant and
maintain for a period of at least sixty (60) days Notice to its
employees stating : That the Respondent will not engage in the
conduct prohibited in Paragraph 1 of this Order.
(b) Notify the Regional Director for the Eighth Region of the
Board in writing within ten (10) days from the date of this Order
what steps the Respondent has taken to comply herewith.
VIII. Upon application by the Board and upon due notice to
the parties hereto, the United States Circuit Court of Appeals for
the Sixth Circuit, or any appropriate Circuit Court of Appeals
of the United States may enter its decree enforcing the Order of
the Board, as set forth in Paragraph VII, above. All parties
hereto expressly waive all right and privilege to contest the entry
of such decree.
IX. This Stipulation contains the entire agreement among all
the parties hereto and there is no other agreement of any kind,
verbal or otherwise, which varies, alters, adds to or detracts from
this Stipulation.
X. This Stipulation is subject to the approval of the National
Labor Relations Board.
On January 30, 1942, the Board issued an order approving the above
stipulation, 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 entering a decision and order pursuant to the pro-
visions of the stipulation.
On the basis of the above stipulation and upon the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The Kelly Company, an Ohio corporation with its principal office
and place of business in Cleveland, Ohio, is engaged in the manufac-
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1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ture, processing, sale, and distribution of nuts and nut products. In
1940, respondent purchased nuts valued at approximately $800,000,
70 per cent of which came from outside the State of Ohio. In the same
period, the respondent's sales were approximately $1,200,000, about
55 per cent of which consisted of products shipped outside the State of
Ohio. The respondent admits that it is engaged in commerce within
the meaning of the Act.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER'
On 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 Kelly Company, Cleveland, Ohio, its officers, agents, succes-
sors, and assigns :
1. Shall not in any manner interfere with, restrain, or coerce its em-
ployees in the exercise of their rights to self-organization, to form, join,
or assist labor organizations, to bargain collectively through repre-
sentatives of their own choosing, and to engage in concerted activities
for the purpose of collective bargaining, or other mutual aid or pro-
tection, as guaranteed in Section 7 of the National Labor Relations Act.
2. Shall take the following affirmative action to effectuate the policies
of the Act :
(a) Post immediately in conspicuous places in its plant and main-
tain for a period of at least sixty (60) days Notice to its employees
`tating : That the Respondent will not engage in the conduct prohibited
in Paragraph 1 of this Order.
(b) Notify the Regional Director for the Eighth Region of the
Board in writing within ten (10) days from the date of this Order
what steps the respondent has taken to comply herewith.