The Titan Valve and Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 25, 1939

15 N.L.R.B. 661 (N.L.R.B. 1939)

In the Matter of THE TITAN VALVE AND MANUFACTURING CO. and
INTERNATIONAL ASSOCIATION OF MACHINISTS , DISTRICT #54, AFFILI-
ATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. C-1346.-Decided September 25, 1939
Thermostat Control Manufacturing Industry-Settlement : stipulation provid-
ing for compliance with the Act, including. reinstatement of certain employees-
Order : entered on stipulation.
Mr. Paul F. Broderick and Mr: Bernard R. Bralove, for the Board.
Mr. Julian W. Andrus, of Cleveland, Ohio, for the respondent.
Mr. Matthew DeMoore, of Cleveland, Ohio, for the Union.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges. and amended charges -duly filed by International
Association of Machinists, District #54 (A. F. of L.), 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 August 18, 1939, and its amended
complaint dated August 24, 1939, against the Titan Valve and Manu-
facturing Co., 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 (3) and Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. Copies of the
complaint, amended complaint, and notice. of hearing thereon were
duly served upon, the respondent and the Union.
Concerning the unfair labor practices, the complaint, as amended,
alleged, in substance, that the respondent (1) discharged and re-
fused to reinstate certain named employees because of their affilia-
tion with and membership in the Union and because they engaged
in other concerted activities with employees of the respondent for
the purpose of collective bargaining and other mutual aid and pro-
15 N. L. R. B., No. 68.
661
199549--39-vol. 15--43
662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tection; and (2) caused its employees to be questioned concerning
membership in the Union, caused or permitted an investigation to
be made among its employees to ascertain their activities with respect
to their right to self-organization, and by these and other acts, in-
terfered with, restrained, and coerced its employees in the exercise
of the rights guaranteed in Section 7 of the Act.
On August 25, 1939, the respondent, the Union, and counsel for
the Board entered into a stipulation in settlement of the case. This
stipulation provides as follows :
STIPULATION
It is hereby stipulated and agreed by and among the Titan
Valve and Manufacturing Company (hereinafter referred to
as respondent), by its president Wm. T. Bentley and its general
attorney and secretary Julian W. Andrus, and the. International
Association of Machinists, District #54, affiliated with the
American Federation of Labor (hereinafter referred to as the
union), by Matthew DeMoore, president, and Bernard R. Bra-
love, Attorney, Eighth Region, National Labor Relations Board
as follows:
I. Upon third amended charge duly filed by the union, the
National Labor Relatiols Board by Oscar S. Smith, Regional
Director, Eighth Region, National Labor Relations Board, as
agent for the National Labor Relations Board, hereinafter re-
ferred to as the Board, acting pursuant to authority granted in
Section 10 (b) of the National Labor Relations Act (hereinafter
referred to as the Act), approved July 5th 1935, and acting pur-
suant to its Rules and Regulations Series .2, Article IV, Section
1, issued its Amended Complaint and Notice of Hearing on the
24th of August, 1939 against the Titan Valve and Manufacturing
Company, respondent herein.
II. It is hereby stipulated and agreed, subject to the approval
of the Board that :
(a) All parties hereby expressly admit valid service of the
Amended Complaint; waive their right to hearing; waive their
right to offer evidence and the taking of testimony in a hearing
of said matter.
(b) All parties hereto waive the making of Findings of Fact
and Conclusions of Law by the National Labor Relations Board.
(c) All parties expressly consent to the issuance by the Na-
tional Labor Relations Board of a Decision and Order based
upon this stipulation as hereinafter set out. .
III. Respondent is and has been since March 15, 1932 a cor-
poration organized under and existing by virtue of the laws
THE TITAN VALVE AND .MANUFACTURING CO. 663
of the State of Ohio having its office and plant at 9913 Elk
Avenue, Cleveland, Ohio (hereinafter called the Cleveland
plant), and is now and has continuously been engaged in manu-
facturing, assembling and distributing thermostat controls for
domestic water heaters.
1. During the period January 1, 1938 to December 31, 1938
respondent purchased and transported for use at its Cleveland
plant approximately $70,000 of raw materials including red brass
castings, alloy steel, yellow screw machine parts and copper pipe.
Of this amount approximately 65% in value of said materials
was purchased and transported in interstate commerce from, into
and through states of the United" States other than the State of
Ohio to the Cleveland plant in the State of Ohio.
2. During the above described period, respondent manufac-
tured, assembled and distributed 100,000 completed units of
which approximately 75% were sold in States other than the
State of Ohio.
3. Respondent, the Titan Valve and Manufacturing Company
is engaged in interstate commerce within the meaning of Section
2, subsection (6) and (7) of the National Labor Relations Act.
IV. It is stipulated and agreed that:
1. The International Association of Machinists, District #54,
affiliated with the American Federation of Labor, is a labor
organization within the meaning of Section 2, subsection (5)
.of the Act.
V. It is stipulated and agreed that the National Labor Re-
lations Board may forthwith enter an Order in the above en-
titled case to the following effect :
Respondent, the Titan Valve and Manufacturing Company,
its officers, agents, successors, and assigns shall:
1. Cease and desist from the date hereof from :
(a) Interfering in any manner with, restraining or coercing
its employees in the exercise of their right to self-organization,
to form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and to
engage in concerted activities for the purposes of collective bar--
gaining and other mutual aid and protection, as guaranteed in
Section 7 of the National Labor Relations Act;
(b) Discouraging membership in the International Associa-
tion of Machinists, District #54, affiliated with the American
Federation of Labor, or any other organization of its employees
by discriminating against its employees in regard to hire or
tenure of employment, or any other term or condition' of employ-
ment, or by any other means.
664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action to effectuate the
policies of the National Labor Relations Act :
(a) Offer full and immediate reinstatement, consistent with
the present personnel needs of respondent, without prejudice to
any rights or privileges previously enjoyed, to those employees
of respondent named on Appendix A attached hereto and made
a part hereof, with the same force and effect as if herein fully
set forth, according to their seniority. as defined and classified
in the above referred to Appendix A.
(b). Place the remainder of these employees on Appendix A
for whom no work is presently available on a preferential list
of employment to be recalled without prejudice to any rights or
privileges previously enjoyed and in conformance to the above
referred to Appendix A.
(c) Immediately post notices in conspicuous places through-
out its Cleveland plant and maintain said notices for a period
of sixty (60) consecutive days stating: (1) that `respondent will
cease and desist as aforesaid, and (2) that respondent will take
the affirmative action as aforesaid.
(d) Notify the Regional Director for the `Eighth Region
within a period of ten (10) days what steps have been taken
to comply with said Order.
VI. It is stipulated and agreed that this stipulation together
with the third amended charge, the Amended. Complaint and
Notice of Hearing, the Rules and Regulations ., of the 'Board'
and proof of service thereof may be introduced as evidence upon
filing them with the Chief Trial Examiner of the National
Labor Relations Board at Washington, D. C., and by such filing
shall thereby constitute the entire record herein.
VII. It is further expressly stipulated and agreed that after
the making of said Order and Decision by the National Labor
Relations Board in conformance with this stipulation, said
Board may submit, without further notice to the parties hereto, a
consent decree to the appropriate United States'Circuit Court of
Appeals, which decree shall provide for the affirmance and en-
forcement in full of each and every provision contained-in the
Order which it is hereinbefore provided that the National Labor
Relations Board may make herein, in strict accordance'with this
stipulation, and the several parties hereto hereby consent to the
entry of said decree by said appropriate Circuit Court of
Appeals.
VIII. This stipulation contains the entire agreement among
the parties there being no agreement of any kind verbal or
otherwise which varies, alters, or adds to this stipulation.
THE TITAN VALVE AND MANUFACTURING CO 665
IX. All stipulations herein made, and the terms and• pro-
visions hereof are made subject to the approval of the National
Labor Relations Board.
THE TITAN VALVE & MANUFACTURING COMPANY
PRODUCTION EMPLOYEES-APPENDIX "A»
Employees will be classified according to group seniority as
follows :
Group A-Machinists
O'Doane------------------------------------------ 10/19/36
Reese -- ------------------------------------------ 10/21/36
Ryan--------------------------------------------- 2/4/37
Levandoski--------------------------------------- 4/26/37
Ray---------;------------------------------------- 6/1/38
Pannitto ----------------------------------------- 2/22/39
Gaorski ----------------------------------------- 4/9/39
McEntee------------------------------------------ 4/25/39
Group B-Drill Press Operators
Craig-setup ------------------------------------- 4/25/38
Kemper ------------------------------------------ 4/14/38
Group C-Toolroom
Horner-toolmaker-------------------------------- 3/21/38
Paul-helper-------------------------------------- 7/26/38
Group D-Assembly
Green-temperature setting------------------------ 5/1/35
Metzler-thermostat assembly--------------------- 5/1/35
Lisy-pack, ship---------------------------------- 1/8/36
French-T-100 and T-400------------------------- 2/12/36
Rezac-pilot assembly----------------------------- 5/3/36
Gemmel-thermostat gas test--- ------------------- 2/11/37
Itakar-assembler--------------------------------- 4/4/38
Lackowski-T-40 Thermostat---------------------- 4/25/38
Rock-helper rec. stock---------------------------- 4/27/38
Hannaford-assembler ---------------------------- 5/12/38
Biederstedt-pilot--------------------------------- 5/16/38
Margolis-assembler ------------------------------ 11/14/38
Nahrstadt-assembler----------------------------- 1/23/39
Lukek-assembler -------------------------------- 1/25/39
Kaprosy-assembler ------------------------------ 2/4/39
Thomas-cock grinder----------------------------- 2/15/39
Linger-gas test---------------------------------- 2/21/39
Rayer-assembler--------------------------------- 3/9/39
Bergolc-assembler ------------------------------- 3/9/39
Spence-assembler-------------------------------- 3/16/39
Uroic-assembler --------------------------------- 3/16/39
666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Group D--Assembly-Continued
Smith-assembler----------------- _--------------- 3/16/39
Pirc-assembler----------------------------------- 3/16/39
Klawon-assembler ------------------------------- 3/22/39
Rusnov-assembler--------- _______________________ 3/22/39
Cherny-assembler-------------------------------- 3/25/39
Tumbry-assembler------------------------------- 3/27/39
Hesky-assembler--------------------------------- 3/28/39
Bayuk-assembler -------------------------------- 4/10/39
Jaskwiez-assembler ______________________________ 4/11/39
Trepal-assembler -------------------------------- 4/12/39
Bentley-assembler-------------------------------- 6/23/39
On August 30, 1939, the Board issued its Order approving the
above stipulation, making it part of the record, and, pursuant to
Article II, Section 36 of National Labor Relations Board Rules and
Regulations-Series 2, transferring the proceeding 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 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 Titan Valve and Manufacturing Co., the respondent, is an
Ohio corporation having its office and plant at Cleveland , Ohio, and
is engaged in manufacturing, assembling , and distributing thermostat
controls for domestic water heaters . During the period 1938 the
respondent purchased and transported for use at its Cleveland plant
approximately $70,000 worth of raw materials, including red brass
castings , alloy steel, yellow screw machine parts , and copper pipe.
Approximately 65 per cent in value of these materials were pur-
chased in and transported from States of the United States other
than the State of Ohio. During the same period the respondent
manufactured, assembled , and distributed 100,000 thermostat control
units, of which approximately 75 per cent were sold in States other
than the State of Ohio. The respondent admits that it is engaged in.
commerce within the meaning of Section 2 ( 6) and (7) of the Act.
We find that the above -described operations of the respondent
constitute a continuous flow of trade , traffic and commerce.
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
National Labor Relations Act, the National Labor Relations Board
THE TITAN VALVE AND MANUFACTURING CO. 667
hereby orders that the Titan Valve and Manufacturing Co., Cleve-
land, Ohio, and its officers, agents, successors, and assigns shall:
1. Cease and desist from :
(a) Interfering-in any manner with, restraining, or coercing its
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 and other mutual
aid and protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Discouraging membership in the International Association of
Machinists, District #54, affiliated with the American Federation of
Labor, or any other organization of its employees by discriminating
against its employees in regard to hire or tenure of employment, or
any other term or condition of employment, or by any other means.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Offer full and immediate, reinstatement, consistent with the
present personnel needs of respondent, without prejudice to any
rights or privileges previously enjoyed, to those employees of re-
spondent named on Appendix "A" attached hereto and made a part
hereof, with the same force and effect as if herein fully set forth,
according to their seniority as defined and classified in the above
referred to Appendix "A";
(b) Place the remainder of these employees on Appendix "A" for
whom no work is presently available on a preferential .list of employ-
Inent to be recalled without prejudice to any rights or privileges
previously enjoyed and in conformance to the above referred to Ap-
pendix "A";
(c) Immediately post notices in conspicuous places throughout its
Cleveland plant and maintain said notices for a period of sixty (60)
consecutive days stating : (1) that respondent will cease and desist
as aforesaid, and (2) that respondent will take the affirmative action
as aforesaid;
(d) Notify the Regional Director for the Eighth Region within a
period of ten (10) days what steps have been taken to comply
herewith.
THE TITAN VALVE R' MANUFACTURING COMPANY
PRODUCTION EMPLOYEES--APPENDIX "A"
Employees will be classified according to group seniority as follows :
Group A-Machinists
O'Doane----------------------------------------------- 10/19/36
Reese -------------------------------------------------- 10/21/36
668. DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Group A-Machinists-Continued
Ryan-------------------------------------------------- 2/4/37
Levandoski-------------------------------------------- 4/26/37
Ray--------------------------------------------------- 6/1/38
Pannitto ---------------------------------------------- 2/22/39
Zaorski------------------------------------------------ 4/9/39
McEntee ---------------------------------------------- 4/25/39
Group B-Drill Press Operators
Craig-setup ------------------------------------------ 4/25/38
Kemper ----------------------------------------------- 4/14/38
Group C-Toolroom
Horner-toolmaker ------------------------------------ 3/21/38
Paul-helper ------------------------------------------ 7/26/38
Group D-Assembly
Green-temperature setting---------------------------- 5/1/35
Metzler-thermostat assembly-------------------------- 5/1/35
Lisy-pack, ship--------------------------------------- 1/8/36
French-T-100 and T-400------------------------------ 2/12/36
Rezac-pilot assembly--------------------------------- 5/3/36
Gemmel-thermostat gas test--------------------------- 2/11/37
Rakar-assembler --------- - -------------------------- 4/4/38
Lackowski-T-40 Thermostat-------------------------- 4/25/38
Rock-helper rec. stock-------------------------------- 4/27/38
Hannaford-assembler --------------------------------- 5/12/38
Biederstedt-pilot ------------------------------------- 5/16/38
Margolis-assembler ----------------------------------- 11/14/38
Nahrstadt-assembler---------------------------------- 1/23/39
Lukek-assembler ------------------------------------- 1/25/39
Kaprosy-assembler ----------------------------------- 2/4/39
Thomas-cock grinder---------------------------------- 2/15/39
Linger-gas test--------------------------------------- 2/21/39
Rayer-assembler-------------------------------------- 3/9/39
Bergolc-assembler------------------------------------- 3/9/39
Spence-assembler------------------------------------- 3/16/39
Uroic-assembler -------------------------------------- 3/16/39
Smith-assembler ------------- ------------------------- 3/16/39
Pirc-assembler --------------------------------------- 3/16/39
Klawon-assembler ------------------------------------ 3/22/39
Rusnov-assembler ------------------------------------ 3/22/39
Cherny-assembler------------------------------------- 3/25/39
Tumbry-assembler------------------------------------ 3/27/39
Hesky-assembler-------------------------------------- 3/28/39
Bayuk-assembler ------------------------------------- 4/10/39
Jaskwicz--assembler----------------------------------- 4/11/39
Trepal-assembler------------------------------------- 4/12/39
Bentley-assembler------------------------------------ 6/23/39