The M. B. Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Jun 1, 1942

41 N.L.R.B. 566 (N.L.R.B. 1942)

In the Matter of THE M. B. MANUFACTURING COMPANY, INCORPORATED
and INTERNATIONAL ASSOCIATION-OF MACHINISTS, A. F. OF L, M. B.
INDEPENDENT UNION, PARTY IN INTEREST
Case No. C-,11119.-Decided June 1, 1942
Jurisdiction : airplane engine parts manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Richard J. Hickey, for the Board.
Chambers, Hesselmeyer do Grimes, by Mr. Arthur W. Chambers, df
New Haven, Conn., for the respondent.
Stoddard, Persky ct Eagan, by Mr. Arthur C. V. Eagan,. of New
Haven, Conn., for the M. B. I. U.
Mr. Clark H. Goodrich, of New Haven, Conn., for the I. A. M.
Mr. Reynolds C. Seitz, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
I
Upon, a second amended charge' duly filed by International Asso-
ciation of Machinists, A. F. of L., herein called -the I. A. M., the
National Labor Relations Board, herein called the Board, by the Re-
gional Director for the Second Region (New York City), issued its
complaint dated December 29, 1941, against the M. B. Manufacturing
Company, Incorporated, New Haven, Connecticut, 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), (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, and of notice of hearing thereon,
were duly served,upon the respondent, the I. A. M., and M. B. Inde-
pendent Union, party in interest, herein called the M. B. I. U.
With respect to the unfair labor practices, the complaint alleged
in substance that : (1) on or about May 19, 1941, the respondent
I The original charge was filed on May 31, 1941, the first amended charge on July
30, 1941, and the second amended charge on October 10, 1941.
41 N. L. R. B., No. 111.
566
THE M. B. MANUFACTURING COMPANY, INCORPORATED 567
initiated, fornied,* and sporsored the M. B. I. U., formerly known
as the Grievance Committee, and since that date has assisted and
dominated it, has contributed to its support, and has otherwise inter-
fered with its administration; (2) on June 10, 1941, the respondent
entered into an oral collective bargaining agreement with the M. B.
I. U. relating to terms and conditions of employment; (3) the re-
spondent discharged Louis Stuart and Elwood Baumgart 2 on or about
May 19 and September 29, 1941, respectively, and demoted Patrick
DeAngelis to an inferior position and descreased his pay on or about
August 15, 1941, because the aforementioned individuals joined or
-assisted the I. A. M. or engaged in other concerted activities for the
purposes of collective bargaining or other mutual aid or protection,
or because they refused to join and assist the M. B. I. U.; and (4)
by the afore-mentioned and other acts, the respondent-has interfered
with, restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act.
On January 16, 1942, the respondent filed its amended answer ad-
mitting certain allegations of the complaint as to the nature of its
business, but denying the alleged unfair labor practices. On January
15, 1942, the M. B.'I. U. filed an "answer" denying that the respond-
ent had initiated, formed, sponsored, or in any way interfered with
the formation or administration of the Al. B. I. U. or contributed to
its support. -
Pursuant to notice, a hearing was held from January 16 through
January 26, 1942, at New Haven, Connecticut, before Thomas S.
Wilson, the Trial Examiner duly designated by the Chief Trial Ex-
aminer. On February 25, 1942, the Trial Examiner issued his Inter-
mediate Report, copies of which were duly served upon all the parties.
He ,found therein 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
Act, and recommended that the respondent cease and desist there-
from and take certain affirmative action. No exceptions to the Inter-
mediate Report were filed.
. On March 13, 1942, the respondent, the M. B. I. U., the I. A. M.,
and counsel for the Board entered into a stipulation in settlement of
the case. The stipulation provides as follows :
STIPULATION
Charges having been filed by, International Association of
-Machinists, A. F. L., hereinafter called the Union, with the Re-
2 Before the introduction of any evidence in support of the allegation that Elwood
Baumgart was discriminatoiily discharged , counsel for the Board moved to dismiss this
portion of the complaint . The motion was granted without objection
568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gional Director of the National Labor Relations Board, herein-
after called the Board, of the Second Region, New York City,
alleging that The M. B. Manufacturing Company, Inc., herein-
after called the Respondent, had engaged in unfair labor prac-
tices within the meaning of Section 8, Subsections (1), (2) and
((3) of the National Labor Relations Act, hereinafter called the
Act; the Board, by its Regional Director for the Second Region,
New York City, thereafter having duly issued and served a
complaint and notice of hearing upon all parties; a hearing
having been held upon the complaint from January 16th through
January 26, 1942, at New Haven, Connecticut, before Thomas
S. Wilson, the Trial Examiner duly designated by the Chief
Trial Examiner, and all parties to this stipulation having par-
ticipated in this hearing by counsel or otherwise; the Respondent
being engaged solely in the production of airplane engine parts
and mountings for defense purposes; and it being the desire of
the parties, in the interest of national defense, to adjust, settle
and dispose of all the issues outstanding in this proceeding :
IT IS HEREBY STIPULATED AND AGREED by and between the Re-
spondent, the Union, The M. B. Independent Union, hereinafter
called the Independent, and Richard J. Hickey, attorney for the
National Labor Relations Board, of the Second Region :
I. The Respondent is and has been since February 18, 1938 a
corporation duly organized and existing under and by virtue
of the laws of the State of Connecticut, having its principal place
of business and factory at 1060 State Street, New Haven, Con-
necticut, and is engaged in the manufacture, sale and distribu-
tion of airplane engine parts and mountings and related products.
II. The principal raw materials used by the Respondent in the
manufacture of its principal products are steel forgings and
aluminum compound castings. During the year 1941, approxi-
mately One Hundred Thousand ($100,000) Dollars was expended
in the purchase of such raw materials . Approximately twenty-
five (25%) percent of said raw materials were purchased and
shipped from places outside of the State of Connecticut to Re-
spondent's New Haven plant, principally from Massachusetts,
New York, and Ohio. During the year 1941, Respondent's sales
amounted to approximately One Million ($1,000,000) Dollars, of
which approximately three and three-tenths (3.3%) percent were
sold and shipped by Respondent to places outside of the State
of Connecticut, principally to California, Michigan and New
Jersey.
III. Respondent is engaged in interstate commerce within the
meaning of Section 2, subdivisions (6) and (7) of the Act.
THE M. B. MANUFACTURING COMPANY, INCORPORATED 569
IV. The Union and the Association are each labor organiza-
tions within the meaning of Section-2, subsection (5) of the Act_
V. Respondent, the Union, and the Independent each waive
any and all rights to any further hearing in this proceeding by
or before the Board and each waive their rights to the making
of findings of fact and conclusions of law by the Board except
as-hereinafter set forth.
VI. The parties hereto hereby agree to the' issuance by the
Board, without further notice or proceedings, of an order,
substantially in the following form, which order shall have the
same force and effect as if made after full hearing and the making
of findings of fact and conclusions of law :
ORDER /
Respondent, its officers, agents, successors and assigns,, 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 a labor organization, to bargain collec-
tively 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
by Section 7 of the National Labor Relations Act;
b. Dominating or interfering with the formation or adminis-
tration of The M. B. Independent Union or any other labor
organization and from lending support, financial or other-
wise, to The M. B. Independent Union or any other labor
organization ; -
c. Giving effect to the oral agreement entered into with The
M. B. Independent Union on or about June 10, 1941, or any
modification or extension thereof, or any other agreement or
contract between the Respondent and The M. B. Independent
Union;
d. Discouraging membership in International Association
of Machinists, affiliated with the A. F. of L. or in any other
labor organization of its employees by discriminating in regard
to their hire and tenure of employment or any term or condi-
tion of their employment.
2. Take the following affirmative action to effectuate the poli-'
cies and purposes of the National Labor Relations Act :
a. Withdraw all recognition from The M. B. Independent
Union, as the representative of any of its employees fork the
purpose of dealing with Respondent concerning grievances,
570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
labor disputes, rates of pay, wages, hours of work, or other
conditions of employment, completely disestablish said Inde-
pendent as such representative by notifying said Independent
that recognition has been withdrawn and that any and all con-
tracts and agreements between Respondent and said Inde-
pendent are void and of no effect;
b. Offer to Patrick DeAngelis immediate and full reinstate-
ment to his former or substantially equivalent position without
prejudice to his seniority or other rights and privileges;
c. Make whole Louis Stuart for any loss of pay he may have
suffered by reason of the Respondent's discrimination in regard
to his hire and tenure of employment by payment to him of
the sum of Eleven Hundred ($1100.00) Dollars;
d. Make whole Patrick DeAngelis for any loss of pay he
may have suffered by reason of the Respondent's discrimina-
tion in regard to his hire and tenure of employment, by pay-
ment to him of the sum of One Hundred and Twenty-Five
($125.00) Dollars; - -
e. Immediately post notices in conspicuous places, through-
out its New Haven plant and maintain such notices for a
period of at least sixty (60) days consecutively from the date
of posting, stating (1) that the Respondent will not engage
in the conduct from which it is ordered that it cease and desist,
in paragraphs 1 (a), (b), (c) and (d) of this Order; and (2)
that the Respondent will take the affirmative action set forth in
paragraphs 2 (a), (b) and (d) of this Order; and
f. Notify the Regional Director for the Second Region, in
writing, within twenty (20) days of the date of this Order
what steps the Respondent-has taken to comply therewith.
IT IS FURTHER ORDERED that the complaint, in so far as it alleges
that the Respondent engaged in unfair labor practices by dis-
criminating in regard to the hire and tenure of employment
of Elwood Baumgart, be, and the same hereby is; dismissed.
VII. It is further stipulated and agreed that the Respondent,
the Union, and the Independent consent to the entry by the proper
Circuit Court of Appeals of a Decree enforcing the Board's
Order substantially in the form hereinabove set forth. It is
further agreed that the Respondent, the Union and the Inde-
pendent hereby waive notice of the application by the National
Labor Relations Board -to the said Circuit Court of Appeals
for said afore-mentioned Decree, and waive all rights to contest
the entry of said Decree.
THHE7 'M. B. I i UFACTiJ.Rt1VG ' COMPANY, INCORPORATED 5571
VIII. The entire agreement between the parties is contained
within the terms of this instrument and there is no verbal agree-
ment of any kind which varies, alters or adds to this stipulation.
IX. This stipulation is subject to the approval of the National
Labor Relations Board and shall become effective immediately
upon such approval' and shall be null and void and shall not be
used for any purpose upon the denial by the Board of such
approval.
X. The second amended charge, the complaint, notice of hear-
ing, the answers of the Respondent and the Independent to
said complaint, and this stipulation shall be filed with the office
of the Chief' Trial Examiner in Washington, D. C. and when
,so filed and approved-by the Board shall constitute the entire
record of this proceeding.
On April 3, 1942, the Board issued an order approving the stipula-
tion, making it part of the record, and, pursuant to Article II, Sec-
tion 30, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, transferring- the proceeding to-the Board for
the purpose of-entry of a decision and order, pursuant to the pro-
visions of the stipulation.
Upon the basis of the above stipulations and the entire record in
the case, the Board makes the following: -
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
- The M. B. Manufacturing' Company, Incorporated, is a Connecti-
cut corporation having its principal place of business and factory at
New Haven, Connecticut. ' It is' engaged in the manufacture, sale,
and distribution of airplane engine parts and mountings and related
products. The principal materials used by the respondent in the
manufacture of its products are steel forgings and aluminum com-
pound castings, of which it purchased approximately $100,000 worth
during the year 1941. Approximately 25 percent of these materials
were purchased in the States of Massachusetts, New York, and Ohio,
and were shipped to the respondent's plant in Connecticut. During
,the same period, the respondent's sales of its products amounted to
approximately $1,000,000, of which approximately 3.3 percent were
shipped to places outside the State of Connecticut.
The respondent concedes, and we find, that it is engaged in com-
merce, within the meaning of the Act.
572 DECISIONS OF- NATIONAL . LABOR RELATIONS BOARD -
ORDER
Upon the basis of the above findings of fact, stipulation , and the
entire record in the case , and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent , the M . B. Manufacturing Com-
pany, Incorporated , and its officers , agents, successors , and assigns,
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 a 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 by Section 7 of the National Labor
Relations Act;
(b) -Dominating or interfering with the formation or administra-
tion of the M. B. Independent Union or any other labor organization
and from lending support , financial or otherwise , to the M. B. Inde-
pendent Union or any other labor organization; `
( c) Giving effect to the oral agreement entered into with the M. B.
Independent Union on or about June 10,, 1941, or any -modification
or extension thereof, or any other -agreement or contract between
the respondent and the M. B.' Independent Union;
(d) Discouraging membership in International Association of
Machinists , affiliated with the A . F. of L ., or in any other labor or-
ganization of its employees by discriminating in regard to their hire
and tenure of employment or any term or condition of their employ-
ment.
2. Take the following affirmative action to effectuate the policies
and purposes of the Act :
(a) Withdraw all recognition from the M . B. Independent Union,
as the representative of any of its employees for the purpose of
dealing with the respondent concerning grievances , labor disputes,
rates of pay , wages, hours of- work , or other conditions of employ-
ment, and completely disestablish said Independent as such repre-
sentative by notifying said Independent that recognition has been
withdrawn and that any and all contracts and agreements between
the respondent and said Independent are void and of no -effect:
(b) Offer to Patrick DeAngelis immediate and full reinstatement
to his former or a substantially equivalent position without prejudice
to his seniority or other rights and privileges;
(c) Make whole Louis Stuart for any loss of pay he may have
suffered by reason of the respondent 's discrimination in regard to
THE M. B. MANUFACTURING COMPANY, INCORPORATED 573
his hire and tenure of employment by payment to him of'the sum of
Eleven Hundred ($1100.00) Dollars;
(d) Make whole Patrick DeAngelis for any loss of pay he may have
suffered by reason of the respondent's discrimination in regard to
his hire and tenure of employment, by payment to him of the sum
of One, Hundred and Twenty-Five ($125.00) Dollars;
(e) Immediately post notices in conspicuous places throughout its
New Haven plant and maintain such.notices for a.period of at least
sixty (60) days, consecutively from the date of posting, stating: (1)
that the respondent will not engage in the,conduct from which it is
ordered to cease and desist, in paragraphs 1 (a), (b), (c) and (d)
of this Order; and (2) that the respondent will take the affirmative
action set.forth in,par-agraplis 2 (a), (b), and (d) of this Order; and
(f) Notify the Regional Director. for the Second- Region, in-writ-
ing, within twenty (20) days from the_ date of this Order, what steps
the respondent has taken to comply therewith.
AND IT IS FURTHER ORDERED that the complaint, insofar as it alleges
that the respondent engaged in unfair labor practices by discriminat-
ing in regard to the hire, and tenure of employment of Elwood
Ii,aumgart, be, and it.hereby is, dismissed.