The Rausch Nut & Mfg. Co.

National Labor Relations Board - Board Decisions

Jun 30, 1941

33 N.L.R.B. 71 (N.L.R.B. 1941)

In the Matter of THE RAUSCH NUT & MFG. Co. and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL 70
(C.I.O.)
Case No. C-1900.-Decided June 30, 1941
.Jurisdiction : nut manufacturing industry. _
.Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Harry L. Lodish, for the Board;
Mr. John W.-.Scott, of Cleveland, Ohio, for the respondent.
Mr. Halting Jones, of Cleveland, Ohio, for the Union.
Mary M. Persinger, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and ,amended charges duly filed by International
Union, United Automobile Workers of America, Local 70 (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.and duly served its complaint dated May
6, 1941, against The Rausch- Nut & Mfg. Co., Cleveland, Ohio, 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.
With respect to the unfair labor practices the complaint alleged
in substance that the respondent: (1) on or about February 5, 1941,
discharged and at all times since refused to rehire one John Stebick
and one Walter Chruszczak, because they had joined the Union
and/or had engaged in concerted activities with other employees for
the purposes of collective bargaining and other mutual aid and pro-
tection, thereby discriminating in regard to their hire, tenure, terms,
and conditions of employment, and discouraging membership in the
Union ; (2) on or about January 31, and February 3, 1941, circulated
and permitted the circulation of statements calculated to influence
33 N. L. R. B., No. 15. .
71
70- DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Industrial Organizations, for the purposes of collective bargaining,
or by neither; and
2. Among all machine-shop employees, including machinists,
machinist helpers, machinist apprentices, millwrights, pipefitters, heat
treaters, blacksmiths, blacksmith helpers, grinders in the machine
shop, drill-press operators who work under the master mechanics,
welders in the machine shop, carpenters and electricians who work
under the master mechanics, diemakers, die repairmen, toolroom
employees, and boilerhouse employees, but excluding employees
described in paragraph 1, above, to determine whether they desire
to be represented by New Deal Lodge 404, International Association
of Machinists, affiliated with the American Federation of Labor, or
by Steel Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining,
or by neither.
MR. EDWIN S. SMITH, concurring :
The I. A. M. began its organizational activities in 1933, almost 8
years before the S. W. O. C. commenced its. organization on an
industrial basis. During that period, the I. A. M. has successfully
bargained with the Company in behalf of its members, all of whom
are machine-shop workers. Under these circumstances I am of the
opinion that an election of the sort provided for is permissible under
the rule which -I have enunciated in my concurring statements in
.Matter, of The American Hardware Company 4 and other similar
cases.5
4 Matter o f The American Hardware Company and United Electrical and Radio Workers
of America, 4 N. L. R. B: 412.
6 See Matter of General Electric Company and Lodge No. 70, International Association
of Machinists, 20 N: L. R. B. 1030.
72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
its employees not to join or form labor organizations of their own
choice or to designate their own representatives for the purposes of
collective bargaining, but suggesting instead the formation of an
unaffiliated organization or committee; (3) and by the foregoing acts,
and conduct, interfered with, restrained, and coerced its employees
in the exercise of rights guaranteed in Section 7 of the Act.
On May 21,.1941, the respondent filed its answer, admitting certain
allegations of the complaint but denying that it had engaged in the
alleged unfair labor practices.
Pursuant to notice, a hearing was held on June 9,1941, at Cleveland;
Ohio, before Gustaf B. Erickson, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. All parties were represented
by counsel and participated in the hearing.
During the- hearing the respondent, the Union, and counsel for
the Board entered into a stipulation in settlement of the case. The
stipulation provides as follows :
STIPULATION
It is hereby stipulated and agreed by and among the Bausch
Nut & Mfg. Co., (hereinafter called the Respondent), the In-
ternational Union, United Automobile Workers of America, Local
70 (C: I. 0.) (hereinafter called the Union), and Harry. L.
•Lodish, regional attorney, 8th Region, National Labor Relations
Board, that :
I
Upon an Amended Charge duly filed by the Union, the Na-
tional Labor ' Relations Board (hereinafter called the Board)
by the Regional Director for the 8th Region, acting pursuant
to authority granted in Section 10 (b) of the ,National Labor
Relations Act, 49 Stat. 449 (hereinafter, called the Act), and
pursuant to Article II, Section 5 and Article IV, Section 1 of
the National Labor Relations Board Rules and Regulations,
Series 2, as amended, duly issued a Complaint and Notice of
Hearing thereon on May 6, 1941, against the Respondent.
II.
, Respondent is and has been, since 1932, a Corporation or-
ganized under and existing by virtue of the laws of the State
of Ohio. The Respondent, at its plant located in the City of
Cleveland, County of Cuyahoga, State of Ohio, is engaged in
the manufacture, of hexagonal-shaped nuts, largely for the auto-
mobile industry.
i
i
THE RAUSCH NUT & MFG. CO. 73
Raw materials used by the Respondent are steel and brass
bars. The value of the raw materials purchased by the respond-
ent annually is about Forty Thousand Dollars ($40,000), of
which about ninety percent ( 90%) is purchased and transported
to -the. Respondent from outside the State of Ohio. The Re-
spondent 's annual sales amount to about Seventy -Five Thousand
- ($75,000 ) Dollars , of which over fifty percent (50%) is sold and
delivered outside the State of Ohio.
III.
Respondent is engaged in commerce within the meaning of
Section 2 (6) of the Act.
IV.
The Union is a labor organization within the meaning of
Section 2 (5) of the Act.
V.
The Respondent has offered John Stebick and Walter Chrusz-
czak immediate and full reinstatement to their former positions,
without prejudice to their seniority and other rights and privi-
leges, and said John Stebick and Walter Chruszczak have de-
clined reinstatement. r -
VI.
All parties hereto expressly waive further pleadings, their
right to a hearing and to the making of Findings of Fact and
Conclusions of Law by the Board, as set forth in, Section 10 (b)
and (c) of the Act.
VII.
The Complaint, Notice of Hearing, and the Amended Charge
may be filed with the Chief Trial Examiner of the National La-
bor Relations Board, together with this Stipulation and shall con-
stitute the record in this case.
VIII.
This Stipulation is subject to the approval of the National La-
bor Relations Board, and, upon this Stipulation being approved
by it, the said Board may enter an.Order to the following effect :
1. The Respondent, its officers, agents, successors and assigns
shall cease and desist from :
(a) Circulating or permitting the circulation of statements
calculated to influence its employees not to join or form labor or-
ganizations of their own choice.
74. DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Suggesting formation of unaffiliated- organizations or
committees.
(c) Discouraging its employees from designating their own
representatives for the purposes of collective bargaining.
(d) Discouraging membership in the International Union,
United Automobile Workers of America, Local 70 (C. I. 0.)
or in any other labor organization ofits employees by discharg-
ing or refusing to reinstate any of its employees or in any other
manner discriminating in regard to their hire or tenure of em-
ployment or any term or condition of their employment.
(e) In any other manner interfering with, restraining or co-
ercing employees in the exercise of their right of self organiza-
tion, to form, join or assist labor organizations to bargain col-
lectively through representatives of their own choosing and to
engage in concerted activities for the purposes of collective bar-
gaining or other mutual aid or protection, as guaranteed in
Section 7 of the National Labor Relations Act.
2. The Respondent, its officers, agents, successors or assigns
shall take the following affirmative action which will effectuate
policies of the 'National Labor Relations Act :
(a) Inform all of its • officers and agents, together with all
others employed in. a supervisory capacity that they shall not
in any manner interfere with, restrain or coerce employees 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 purposes of collective bargaining or other mu,
tual aid or protection as guaranteed in Section 7 of the National
Labor Relations Act.
(b) Make whole John Stebick and Walter Chruszczak for
any loss of,pay they may have suffered by reason of the dis-
crimination against them by payment to John Stebick the sum
of Three Hundred and Eighty-One Dollars and Seventy-Five
Cents ($381.75) and to Walter Chruszczak the sum of Four
Hundred and One Dollars and Thirty-Six Cents ($401.36).
(c) Post immediately in conspicuous places at its plant and
maintain for a period of at least sixty (60) consecutive days from
the date of posting notices to its employees stating (1) that the
Respondent will not engage in the conduct from which it is
ordered to cease and,desist in paragraphs 1-(a) to 1-(e) in-
clusive of this Order; (2) that the Respondent will take the
affirmative action set forth in paragraphs 2-(a) to 2-(b) in-
clusive of this Order; and (3) that the Respondent's employees
are free to become or remain members' of the International
THE RAUSCH NUT & MFG. CO. 75
Union, United Automobile Workers of America, Local 70
(C. I. 0.), and that the Respondent will not discriminate against
any employees because of their membership or activity in that
organization.
,(d) Notify the Regional Director for the 8th Region, in writ-
ing, within ten (10) days from the date of this-Order of the
steps the Respondent has taken to comply herewith.
IX.
It is further stipulated and agreed- that, any appropriate Cir-
cuit Court of Appeals in the United States may, upon applica-
tion by'the Board, enter its decree enforcing the Order of the
Board in the form above set out. Respondent waives its rights
to contest the entry of any such decree and its rights to receive
notice of the filing of the application for the entry of such
decree.
X.
This stipulation contains the entire agreement between the
parties, there being'no agreement of any kind, verbal or other-
wise, which varies,. alters or adds to this stipulation.
XI.
This stipulation shall be of no force and effect unless and until
approved by the Board and if not approved by, the Board none
of the statements ' recited hereinabove may be used as ' evidence
in any proceeding before the Board.
On June 16 , 1941, the Board issued its order approving the above
stipulation, making it a part of the record in the case, and pursuant
to Article II, Section 36, of National Labor Relations Board Rules
and Regulations-Series 2, as amended , transferring the proceeding
to the Board for the purpose of entering a decision and order by the
Board pursuant to the provisions of the stipulation.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following:.
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, The Rausch Nut - & Mfg. Co., is an Ohio corpora-
tion. At its plant at Cleveland, Ohio, it is engaged in the manufac-
ture of hexagonal -shaped nuts , largely for the automobile industry.
Raw materials consisting of steel and brass bars of a value of about
76 DECISIONS OF. NATIONAL -LABOR RELATIONS BOARD
$40,000 are annually purchased by the respondent for use in its plant.
About 90 per cent of such materials are purchased by the respondent
outside the State of Ohio-.- The respondent's annual sales amount'to
about $75,000. Over 50 per cent of its products are sold and 'deliv-
ered by the respondent outside the, State of Ohio. The respondent
concedes that it is engaged in commerce within the meaning of Sec-
tion 2 (6) of the Act. .
We find that the above described operations of the respondent.con-
stitute a continuous flow of trade, traffic, and commerce among the
several States.
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 Rausch Nut & Mfg. Co., Cleve-
land,'Ohio, its officers, agents, successors, and assigns shall:
1. Cease and desist from : .
(a) Circulating or permitting the circulation of statements cal-
culated to influence its employees not to join or form labor
organizations of their own choice;,
. (b) Suggesting formation of unaffiliated organizations . or
committees ;
(c) ' Discouraging its employees from designating their own rep-
resentatives for the purposes of collective bargaining;
(d)' Discouraging membership in the International Union, United
Automobile Workers of America,. Local 70 (C. I. 0.) or in any other
labor organization of its employees by discharging or refusing to rein-
state, any of its employees or in any other manner discriminating in
regard to their hire or tenure of employment or any term or condition
of their employment;
(e) In any other manner interfering with, restraining,or coercing
employees in the exercise of their right 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 in Section 7 of the National Labor
Relations Act. -
2. Take the following affirmative. action which will effectuate policies
of the National Labor Relations Act :
(a) Inform all of its officers and agents, together with all others
employed in a supervisory capacity that they shall not in any.manner
interfere with, restrain or coerce employees in the exercise of their
rights to self organization, to form, join or assist labor organiza-
THE RAUSCH NUT & MFG. CO. 77
tions, 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 guaran-
teed in Section 7 of the National- Labor Relations Act;
(b) - Make . whole John Stebick and Walter Chruszczak for any
loss of pay they may have suffered by reason of the discrimination'
against them by payment to John Stebick the sum of Three Hundred
and Eighty-One Dollars and Seventy-Five Cents ($381.75) and to
Walter Chruszczak the sum of Four Hundred and One Dollars and
Thirty-Six Cents ($401.36) ;
(c) Post immediately in conspicuous places at its plant and main-
tain for a period of at least sixty (60) consecutive days from the
date of posting notices to its employees stating (1) that the respond-
ent will not engage in the conduct from which it is ordered to cease
and desist in paragraphs -1- (a) to 1- (e) - inclusive of this Order ;
(2) that the respondent will take the affirmative action set forth in
paragraphs 2-(a) to -2-(b) inclusive of this Order; and (3) that
the respondent's employees are.free to become or remain members of
the International Union, United Automobile Workers of America,
Local 70 (C. I. O.),. and that the respondent will not discriminate
against any employees because of their membership or activity in
that organization.
(d) Notify the Regional Director for the 8th Region, in writing,'
within ten (10) days from the, date of this Order of the steps the
respondent has taken to comply herewith.