The N. and G. Taylor Co.

National Labor Relations Board - Board Decisions

Mar 27, 1940

21 N.L.R.B. 1162 (N.L.R.B. 1940)

In the Matter of THE N. AND G. TAYLOR COMPANY (97d THE A,fAL-
GAMATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF NORTH
AMERICA, LODGE No . 1926
III the Matter of THE N. AND G. TAYLOR COMPANY and AMALGAMATED
ASSOCIATION OF IRON, STEEL & TIN WORKERS OF NORTH AMERICA;
LODGE No. 1926, AN AFFILIATE OF THE STEEL WORKERS ORGANIZING
COMMITTEE AND THE COMMITTEE FOR INDUSTRIAL ORGANIZATION
Cases Nos. R-299 and C-454, respectively. Decided March. 27, 1940
Tin Plate and Tul riplate illanafactai mg Industry-Interference. Restraint,
and Coercion-Connpany-Dominated Union: dismissal of allegations without
prejudice: special showing subsequent to hearing by Regional Director that
respondent was dissolved more than 2 years previous, and plant involved has
been closed for 2 years and no immediate prospect of reopening by successor,
machinery in plant removed out of state, and alleged dominated union ceased
functioning and abandoned for more than 2 years-Investigation of Repiesenta-
tzves: dismissal without prejudice: showing by Regional Director subsequent
to hearing of facts above stated-Procedui e: Motion and Suggestion for the
Record filed by Regional Director after hearing alleging facts in abatement
of proceedings ; notice by Board of intent to rely on facts so alleged unless
substantial cause to contrary be shown ; findings based upon Regional Director's
Suggestion and on record-Order: complaint and petition for investigation
dismissed.
Mr. Jacob Blum, and Mr. Reeves R. Hilton, for the Board.
Mr. Charles Z. Heskett, of Cumberland, Md., and Day, Young, and
Veach, by Mr. Thomas F. Veach, of Cleveland, Ohio, for the re-
spondent.
Mr. David W. Sloan, of Cumberland, Md., for the I. S. T. W. U.
Mr. Lee Pressman and Mr. Anthony W. Smith, of Washington,
D. C., for the Amalgamated.
Mr. Henry W. Lehmann, of counsel to the Board. _
DECISION
AND
ORDER
STATEMENT OF THE CASE
_ On August 2, 1937, Carl Jewell, John T. Jones, and Amalgamated
Association of Iron , Steel and Tin Workers of North America, Lodge
21 N. L . R. B., No. 119.
1162
THE N. AND G. TAYLOR COMPANY 1163
No. 1926,1 herein called the Amalgamated , filed with Bennet F.
Schauffler , then Regional Director for the Fifth Region (Baltimore,
Maryland) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of The N. & G.
Taylor Company ,2 Cumberland , Maryland , herein called the respond-
ent, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449 , herein called the Act. On August 10, 1937 , the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 ( c) of the Act and Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due
notice.
On August 10, 1937, the Regional Director issued a notice of
hearing, copies of which were duly served upon the respondent and
upon the Amalgamated . Pursuant to the notice a hearing was held
in Cumberland , Maryland, on September 9, 10, 11, 13, 14 , 15, 16, 17,
and 20, 1937 , before D. Lacy McBryde, the Trial Examiner duly
designated by the Board. At the beginning of the hearing Republic
Iron, Steel and Tin Workers Union , Incorporated , herein called the
I. S. T. W . U., a labor organization , appeared by counsel and filed
a written motion to intervene in the proceedings . The motion to
intervene was granted by the Trial Examiner . The Board, the
respondent , the Amalgamated , and the I. S. T. W . U. were repre-
sented by counsel . All participated in the hearing . Full opportunity
to be heard, to examine and cross -examine witnesses , and to introduce
testimony bearing on the issues was afforded all parties . Upon the
close of the hearing the record was forwarded to the Board at
Washington, D. C.
Upon charges duly filed by the Amalgamated , the Board, by the
Regional Director issued a complaint dated November 6, 1937, against
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 (2) and Section 2 (6) and (7) of
the Act. The complaint and accompanying notice of hearing were
duly served upon the respondent and upon the Amalgamated.
The complaint alleged in substance that during July and August
of 1937, and subsequent thereto, the respondent promoted, assisted,
and sponsored the formation of the I. S. T. W . U. among the respond-
ent's employees ; that the respondent has since dominated and inter-
fered with the administration of the I. S. T. W . U., by encouraging
1 This is the correct name of this labor organization.
2 This is the correct name of the respondent.
1164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and intimidating its employees to become members of such organi-
zation and by contributing financial and other aid and support
thereto ; that, by reason of the aforesaid acts, the respondent has
sponsored, dominated, and interfered with the formation and admin-
istration of a labor organization of its employees, and interfered
with, restrained, and coerced its employees in the exercise of the
rights guaranteed by Section 7 of the Act; and that the respondent,
by and through its agents and servants, has intimidated, restrained,
and coerced its employees, and in other ways has attempted to prevent
them from joining a labor organization of their own choosing. On
November 11, 1937, the respondent filed its answer in which it denied
the material allegations of the complaint,, and set forth various
constitutional and other defenses. On November 11, 1937, the
I. S. T. W. U. filed with the Board a written motion to intervene in
the complaint proceeding, pursuant to notice previously given it
by the Board.
Pursuant to notice a hearing on the complaint was held in Cumber-
land, Maryland, on November 15, 16, 17, and 18, 1937, before Henry
J. Kent, the Trial Examiner duly designated by the Board. At the
beginning of the hearing the motion to intervene of the I. S. T. W. U.
was granted by the Trial Examiner. The Board, the respondent, and
the I. S. T. W. U. were represented by counsel. All parties par-
ticipated in the hearing, and full opportunity was afforded them to
be heard, to examine and cross-examine witnesses, and to produce
evidence bearing upon the issues. Thereafter, the record in the com-
plaint proceeding was transferred to the Board.
On February 25, 1938, the Trial Examiner filed his Intermediate
Report in the complaint proceeding, a copy of which was duly served
upon the respondent, the Amalgamated, and the I. S. T. W. U.,
finding that the respondent had engaged in and was engaging in
unfair labor practices affecting commerce, within the meaning of
Section 8 (1) and (2) and Section 2 (6) and (7) of the Act, and
recommending that the respondent cease and desist from its unfair
labor practices, withdraw all recognition from the I. S. T. W. U.
as representative of its employees for collective bargaining, and take
certain other action to remedy the situation brought about by the
unfair labor practices.
On March 12, 1938, the respondent, and on March 7, 1938, the
I. S. T. W. U. filed exceptions to the Intermediate Report and to
the record. On April 27, 1938, pursuant to Article III, Section
10 (c) (2), and Article II, Section 37 (b), of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, the Board
issued an order consolidating the above-entitled cases for purposes
of decision.
THE N. AND G. TAYLOR COMPANY 1165
OnMay 26, 1938, pursuant to notice duly served upon the respond-
ent, the I. S. T. W. U., and the Amalgamated, a hearing was held
before the Board in Washington, D. C., for the purpose of oral
argument. The respondent and the Amalgamated appeared by
counsel and presented oral argument to the Board.
On February 16, 1940, the Regional Director for the Fifth Region,
acting in this behalf as agent for the Board, lodged with the Board
a document entitled "Motion and Suggestion for the Record," to-
gether with proof of service of a copy thereof upon the respondent,
upon the Amalgamated, and upon the I. S. T. W. U., by and through
their respective counsel of record. In said document the Regional
Director represented to the Board certain facts, hereinafter set forth,
and suggested to the Board for the record that by virtue of said
facts the allegations of the complaint be dismissed without prejudice
and the petition for investigation and certification of representatives
be dismissed without prejudice. On March 11, 1940, the Board
ordered this document to be filed innstamter as part of the record
herein, and further by order, a copy of which was served on or
about said date upon the parties and other persons noted in the
margin,' granted to the respondent, the I. S. T. W. U., and the
Amalgamated, leave to file in writing with the Board on or before
March 20, 1940, any objection or objections which they or any of
them had by way of opposition to the entry of an order by the Board
in accordance with the suggestion of the Regional Director, and to
file in writing with the Board within the period any brief or argu-
ment in support of such objection or objections.
Together with the copy of said order thus served upon the parties
and such other persons, a written notice by the Board to each was
duly served upon them stating that the Board "may rely upon the
material allegations of fact contained in the Motion and Suggestion
for the Record which was heretofore filed in the above-entitled cases
by the Regional Director, unless, in accordance with the order entered
by the,Board in said cases on March 11, 1940, a copy of which is
hereby served upon you, and each of you, objections thereto are filed
with the Board at Washington, D. C., constituting substantial ground
for the Board not doing so." Within the time thus prescribed, the
8 The aforesaid order and notice were served upon the following parties at their present
or last known address : The N. & G Taylor Company, Republic Steel Corporation ; Repub-
lic Iron, Steel and Tin Workers Union, Incorporated , % The N & G Taylor Company ;
Amalgamated Association of Iron, Steel and Tin Workers , Lodge No 1926 , % John T.
Jones , Regional Director , Steel Workers Organizing Committee ; Thomas F Veach , attor-
ney for the N. & G. Taylor Company , Day, Young & Veach ; Charles Z. Heskett , attorney
for the N. & G . Taylor Company ; David W. Sloan , attorney for Republic Iron, Steel
and Tin Workers Union, Incorporated; Anthony Wayne Smith , attorney for Amalgamated
Association of Iron , Steel and Tin Workers , Lodge No 1926; Lee Pressman , attorney for
Amalgamated Association of Iron, Steel and Tin Workers , Lodge No. 1926.
1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Amalgamated filed with the Board its Motion in Opposition to
Motion and Suggestion for the Record containing certain objections
in opposition to the entry of an order by the Board as suggested
by the Regional Director in the Motion and Suggestion for the
Record. The Board has considered the objections of the Amalgam-
ated and finds that they do not constitute substantial ground for
it not proceeding in accordance with the Regional Director's sug-
gestion. The Amalgamated's objections are hereby overruled, and
its motion is denied.
Upon the records in the consolidated cases, the Board makes the
following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
At the time of,institution of the above cases and at the time of the
respective hearings, the respondent was a Maryland corporation en-
gaged in the manufacture, sale, and distribution of tin plate and
turnplate. It owned and operated a manufacturing plant in Cum-
berland, Maryland, and there employed about 410 persons. Approxi-
mately 30 per cent of the products manufactured at this plant were
regularly shipped from the plant to points of destination in States
other than the State of Maryland. The respondent was a wholly
owned subsidiary of Republic Steel Corporation, a New Jersey
corporation.4
It also is shown by evidence adduced in the complaint case that
approximately 90 per cent of the materials used by the respondent
in the course of manufacture at the plant were regularly shipped to
the plant from outside the State of Maryland, particularly from
West Virginia, Pennsylvania, Virginia, Ohio, and New York. These
materials included sheet bar, pig tin, terne metal, pig lead, timing
flux, coal, cokes, rolling mill rolls, annealing boxes and bottoms, pig
iron, palm oil, grease, sulphuric acid, middlings, sawdust, lumber,
wood boxes and skids, paper cartons, brass bearings, wire, paper,
and paint. This evidence also shows that between January 1 and
October 31, 1937, the respondent's business amounted to $1,200,000.
We find that at the time the above-entitled cases were respectively
begun and at the time of the hearings, the operations and business of
the respondent constituted a continuous flo« of trade, traffic, and
commerce among the several States, within the meaning of Section
2 (6) of the Act.
4 The nature and extent of the business enterprise of Republic Steel Corporation has
been considered by the Board in cases before it
THE N. AND G. TAYLOR COMPANY 1167
II. THE ORGANIZATIONS INVOLVED
Amalgamated Association of Iron, Steel and Tin Workers of North
America, Lodge No. 1926, was and is a labor organization, within the
meaning of Section 2 (5) of the Act, affiliated with the Committee
for Industrial Organization,,' a national labor organization, and with
the Steel Workers Organizing Committee, a labor organization. It
admitted to its membership at the time of the hearings herein and at
all times material prior thereto production workers employed by the
respondent, including maintenance employees, but excluding super-
visory and clerical employees and watchmen.
Republic Iron, Steel and Tin Workers Union, Inc., was at the time
of the hearings herein and at all times material prior thereto a labor
organization, within the meaning of Section 2 (5) of the Act, admit-
ting to its membership employees of the respondent over 18 years of
age, exclusive of employees having the authority to hire and
discharge.
III. THE FACTS ALLEGED BY THE REGIONAL DIRECTOR, AND HEREIN FOUND, IN
ABATEMENT OF THE PROCEEDINGS
In accordance with the notice of March 11, 1940, described above,
the Board, in the exercise of its discretion and for the purpose solely
of the order below, has determined to and hereby does rely upon the
material allegations of fact contained in the Regional Director's
Motion and Suggestion for the Record, as facts established herein.
Accordingly, and for such purpose, the Board finds :
On December 30, 1937, the respondent was dissolved, pursuant to
and in accordance with the laws of the State of Maryland in such
cases applicable. In connection with and as a result of the dissolu-
tion, all the property and assets of the respondent, including the
plant at Cumberland, Maryland, became and have since been the
property and assets of its parent company, Republic Steel Corpora-
tion, the New Jersey corporation. About February 1938 Republic
Steel Corporation shut down the plant at Cumberland, removed cer-
tain of the machinery therein located into the State of Ohio, and
otherwise terminated the business and operations which the respond-
ent had previously there conducted. Since the closing of the plant
Republic Steel Corporation has not continued the business and opera-
tions previously conducted by the respondent, including that engaged
in at the plant, and does not propose within the immediate future
to reopen this plant. Since November 1937 the I. S. T. W. U. has
ceased all its activities and functions as a labor organization or other-
wise and has been abandoned.
5 Now known as the Congress of Industrial Organizations
1168 DECISIONS .OF NATIONAL LABOR RELATIONS BOARD
We are of the opinion that under these circumstances the purposes
and policy of the Act would not be effectuated by our proceeding
further at the present in the above-entitled cases.
Accordingly, we shall dismiss these cases, without prejudice.
ORDER
Upon the basis of the foregoing findings of fact and conclusions
of law, and pursuant to Section 10 (c) of the National Labor Rela-
tions Act, the National Labor Relations Board hereby orders that
the allegations of the complaint heretofore issued herein against the
respondent, The N. & G. Taylor Company, Cumberland, Maryland,
be, and it hereby is, dismissed without prejudice; and it is further
ordered that the petition for investigation and certification of repre-
sentatives heretofore filed herein, be, and it hereby is, dismissed,
without prejudice.