Wetmore Pulverizer and Machine Co.

National Labor Relations Board - Board Decisions

Dec 26, 1941

37 N.L.R.B. 963 (N.L.R.B. 1941)

In the Matter of E. M. WETMORE, DOING BUSINESS AS WE, TMORE PUL-
VERIZER AND MACHINE COMPANY and INTERNATIONAL ASSOCIATION OF
MACHINISTS, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. C-2027-Decided December 26, 1941
Jurisdiction : power feed grinding mills manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. V. Lee McMahon, for the Board.
Mr. E. M. Wetmore, of Tonkawa, Okla., for the respondent.
Mr. C. A. Bushel, of Tulsa, Okla., for the Union.
Mr. Elmer S. Rutherford, of Tonkawa, Okla., for certain employees.
Mr. Eugene R. Thorrens, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon an amended charge duly filed by International Association
of Machinists, affiliated with the American Federation of Labor,
herein called the Union, the National Labor Relations Board, herein
called the Board, by its Regional Director for the Sixteenth Region
(Fort Worth, Texas), issued its complaint dated October 20, 1941,
against E. M. Wetmore, doing business as Wetmore Pulverizer and
Machine Company, Tonkawa, Oklahoma, herein called the respond-
ent, alleging that the respondent had engaged in and was engaging
in, unfair labor practices affecting commerce within the meaning of
Section 8 (1), (3), and (5), and Section 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of
the complaint accompanied by notice of hearing were duly served
upon the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged in
substance: (1) that, on certain named dates the respondent dis-
criminated with respect to the hire and tenure of employment of
C. S. McDaniel because of his membership in and activities on behalf
of the Union; (2) that on or about February 22, 1941, and thereafter,
37 N L R B No 161
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964 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
the respondent refused to bargain collectively with the Union as the
exclusive representative of its employees within an appropriate bar-
gaining unit; and (3) that by these and other specified acts the re-
spondent interfered with, restrained, and coerced its employees in
the exercise of the rights guaranteed in Section 7 of the Act.
Thereafter, the respondent filed an answer, dated October 30, 1941,
denying the material allegations of the complaint.
Pursuant to notice, a hearing was begun at Tonkawa, Oklahoma,
on November 3, 1941, before Samuel Edes, the Trial Examiner duly
designated by the Chief Trial Examiner. At the outset of the hear-
ing, the Trial Examiner denied a written motion for leave to inter-
vene filed on behalf of certain employees of the respondent with the
Regional Director on November 1, 1941.
During the course of the hearing in the case, and thereafter, the
respondent, the Union, and an attorney for the Board entered into
stipulations, dated November 3, 1941, and December 5, 1941, respec-
tively, subject to the approval of the Board, in settlement of the case.'
The stipulation, dated December 5, 1941, provides as follows :
It is hereby stipulated and agreed between E. M. Wetmore,
doing business as Wetmore Pulverizer and Machine Company,
hereinafter referred to as the Respondent, and V. Lee McMahon,
Attorney, National Labor Relations Board, Sixteenth Region,
and C. A. Buskel, Representative of the International Associa-
tion of Machinists, hereinafter referred to as the Union, that :
I. Upon a charge filed by the Union, the National Labor Rela-
tions Board, hereinafter referred to as the Board, by Edwin A.
Elliott, Regional Director for the Sixteenth Region, Fort Worth,
Texas, acting pursuant to an authority granted in Section 10 (b)
of the National Labor Relations Act, 49 Stat. 449, hereinafter
referred to as the Act, and acting pursuant to its Rules and
Regulations-Series 2, as amended, issued its complaint and
notice of hearing on October 20, 1941, against the Respondent.
II. All parties hereto acknowledge service of the complaint
and notice of hearing, a copy of the charge and a copy of the
Board's Rules and Regulations-Series 2, as amended, and all
parties hereto acknowledge the service and filing of the Respond-
ent's answer denying the unfair labor practices alleged in the
complaint, and all parties expressly waive further pleadings,
hearings and the making of findings of facts, and conclusions of
law by the Board. '
III. The Respondent, E. M. Wetmore, has and is doing a busi-
ness under the trade name and style of Wetmore Pulverizer and
1 The stipulation dated December 5, 1941 , was intended to supersede the stipulation dated
November 3, 1941
WETMORE PULVERIZER AND MACHINE COMPANY 965
Machine Company, and has its principal office, plant, and place
of business at Tonkawa, Oklahoma, and is now and has been
continuously engaged in said place of business in the manufac-
ture, sale, and distribution of power feed grinding mills.
IV. In 1940, the Respondent purchased raw material valued
at in excess of Sixty Thousand Dollars ($60,000.00) of which
amount sixty per cent (60%) was purchased, sold, and delivered
from states other than the State of Oklahoma to the Respondent
at its Tonkawa plant. The Respondent sold power feed grind-
ing mills valued at in excess of One Hundred Thousand Dollars
($100,000.00) during 1940 of which amount eighty per' cent
(80%) was sold, distributed, and delivered from the Tonkawa,
Oklahoma plant to states other than the State of Oklahoma.
V. The Respondent concedes that its operations affect com-
merce within the meaning of Section 2 (6) and (7) of the Act.
VI. The International Association of Machinists, affiliated
with the American Federation of Labor, is a labor organization
within the meaning of Section 2 (5) of the Act.
VII. It is further stipulated that all employees of the Re-
spondent, exclusive of supervisory and clerical workers, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
It is further stipulated that the International Association of
Machinists, affiliated with the American Federation of Labor, at
all times material hereto has been and now is the representative
for purposes of collective bargaining of a majority of the em-
ployees in the unit described in the paragraph above.
VIII. This stipulation, together with the charge, complaint
and notice of hearing, a copy of the Board's Rules and Regula-
tions, Series 2, as amended, the Respondent's answer and the
entire record of the proceedings had before the duly designated
Trial Examiner on November 3, 1941, at Tonkawa, Oklahoma
may be filed with the Chief Trial Examiner of the Board in
Washington, D. C., and when said papers have been so filed, they
shall constitute the entire record herein.
IX. It is further stipulated that upon the entire record in this
case, as set forth in paragraph VIII hereof, an order may be
forthwith entered by the Board, providing as follows :
The Respondent, E. M. Wetmore, doing business as Wetmore
Pulverizer and Machine Company, his officers and agents,
1. Shall refrain from :
(a) In any manner interfering 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
433257-42-VOL. 37-62
966 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Act.
(b) Discouraging membership in the International Associa-
tion of Machinists, or any other labor organization, of its em-
ployees by discharging , laying-off, or refusing to reinstate
employees, by threatening to discharge or lay-off 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
employment.
(c) Refusing to bargain collectively with the International
Association of Machinists as the exclusive representative of all
the employees of the Respondent, exclusive of supervisory and
clerical workers.
2. The Respondent , his officers and agents , shall take the fol-
lowing affirmative action which will effectuate the policies, of
the Act :
(a) Inform a l l of his officers, foremen, and agents , together
with all others employed in a supervisory capacity, that they
shall not in any manner interfere with, restrain, or coerce em-
ployees in the exercise of the 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 purpose of collective bargaining or other mutual
aid or protection guaranteed in Section 7 of the Act.
(b) Offer to.C. L. McDaniel immediate and full reinstatement
to his former, or substantially equivalent, position without prej-
udice to his rights and privileges.
(c) Make whole C. L. McDaniel for any loss of pay he may
have suffered by reason of the alleged discrimination against him
by payment to C. L. McDaniel the sum of Four Hundred Forty-
six Dollars and Fifty-three cents ($446.53).
(d) Upon request, bargain collectively with the International
Association of Machinists as the exclusive representative of all
the employees of the Respondent, exclusive of supervisory and
clerical workers, in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment, and, if an under-
standing is reached on such matters, embody such understanding
in a signed agreement.
(e) Post immediately in conspicuous places throughout its
plant and maintain for a period of at least sixty (60) days, con-
secutively, the following notice:
WETMORE PULVERIZER AND MACHINE COMPANY
NOTICE TO EMPLOYEES
WETMORE PULVERIZER' AND MACHINE COMPANY
TONKAWA, OKLAHOMA
967
This notice is posted pursuant to an order -entered by the Na-
tional Labor Relations Board, and this Company hereby notifies
its employees that :
1. Employees' shall have the right 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.
2. Employees will not be discriminated against by reason of
their membership in, or activities on behalf of any labor organi-
zation, in respect to hire or tenure of employment or any term
or condition of employment.
3. The Company will not discourage membership of its em-
ployees in any labor organization.
4. The Company recognizes the International Association of
Machinists as the exclusive representative of all its employees,
exclusive of supervisory and clerical employees, for the purposes
of collective bargaining with respect to rates of pay, wages, hours,
and other conditions of employment of its production and mainte-
nance"employees, and agrees to bargain collectively, in good faith,
upon request, with such organization.
5. Supervisory employees of the Company are directed to re-
frain from in any manner interfering with, restraining or coerc-
ing any of the Company's employees in the exercise of the rights
mentioned in paragraph one above.
6. Copies of this notice shall be posted in conspicuous locations
in the Company's plant at Tonkawa, Oklahoma, and will remain
posted for a period of sixty (60) days from the date of posting.
WETMORE PULVERIZER AND MACHINE CO.
By:
DATED: ________________, 1941.
*
(f) Notify the Regional Director for the Sixteenth Region in
writing within ten (10) days from the date of this order, what
steps the Respondent has taken to comply herewith.
X. It is further stipulated and agreed that the United States
Circuit Court of Appeals for the Tenth Circuit may upon appli-
cation by the Board enter its decree enforcing the order of the
Board in the form above set out. The Respondent waives - its
968 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
right to contest the entry of any such decree and its right to.
receive notice of the filing of an application for the entry of such
decree.
XI. 'Nothing herein contained shall be construed or taken as
an admission by the Respondent of any of the violations of the
Act alleged in the aforesaid complaint.
XII. It is understood and agreed that this stipulation embodies
the entire agreement between the parties, and there is no verbal
agreement of any kind which varies, alters, or adds to this
stipulation.
XIII. It is understood and agreed that this stipulation is
subject to the approval of the National Labor Relations Board
and shall be of no force and effect unless and until approved by
the Board.
XIV. It is further agreed that the settlement stipulation now
in evidence in this case as Trial Examiner's Exhibit 1 may be
withdrawn, and in lien thereof this instrument shall become
Trial Examiner's Exhibit 1 and a part of the record of this case.
On December 12, 1941, the Board issued an order approving the
stipulation, dated December 5, 1941, making it a part of the record,
and pursuant to Article II, Section 36, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, transferred the
proceeding to the Board for the purpose of entry of a Decision and
Order pursuant to the provisions of the stipulation.
Upon the basis of the above stipulation, dated December 5, 1941,
and the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, E. M. Wetmore, an, individual doing business as
Wetmore Pulverizer and Machine Company, having his principal
office and place of business at Tonkawa, Oklahoma, is engaged in the
manufacture,' sale, and distribution of power feed grinding mills.
During 1940 the respondent purchased raw materials valued in ex-
cess of $60,000, of which approximately 60 per cent originated out-
side the State of Oklahoma, and sold power feed grinding mills
valued in excess of $100,000, of which approximately 80 per cent was
sold and delivered to customers located outside the State of Okla-
homa. As set forth in the stipulation above, the respondent con-
cedes that his operations affect 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.
WETMORE PULVERIZER AND MACHINE COMPANY 969
ORDER
Upon the basis of the above findings of facts and stipulation, dated
December 5, 1941, 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 E. M. Wetmore, doing
business as Wetmore Pulverizer and Machine Company, his officers
and agents :
1. Shall refrain from :
(a) In any manner interfering 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 ac-
tivities for the purpose of collective bargaining or other mutual aid
or protection as guaranteed in Section 7 of the Act.
(b) Discouraging membership in the International Association of
Machinists, or any other labor organization, of its employees by dis-
charging, laying-off, or refusing to reinstate employees, by threaten-
ing to discharge or lay-off any of its employees, or in any other man-
ner discriminating in regard to their hire or tenure of employment
or any term or condition of employment.
(c) Refusing to bargain collectively with the International Asso-
ciation of Machinists as the exclusive representative of all the em-
ployees of the respondent, exclusive of supervisory and clerical
workers.
2. The respondent, his officers and agents, shall take the following
affirmative action which will effectuate the policies of the Act :
(a) Inform all of his officers, foremen, 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 the right to self-organization, to form, joint, or assist labor organi-
zations, 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 guaranteed
in Section 7 of the Act.
(b) Offer to C. L. McDaniel immediate and full reinstatement to
his former, or substantially equivalent, position without prejudice
to his rights and privileges.
(c) Make whole C. L. McDaniel for any loss of pay he may have
suffered by reason of the alleged discrimination against him by pay-
ment to C. L. McDaniel the sum of Four Hundred Forty-six Dollars
and Fifty-three cents ($446.53).
(d) Upon request, bargain collectively with the International As-
sociation of Machinists as the exclusive representative of all the
employees of the respondent, exclusive of supervisory and clerical
970 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
workers, in respect to rates of pay, wages, hours of employment, and
other conditions of employment, and, if an understanding is reached
on such matters, embody such understanding in a signed agreement.
(e) Post immediately in conspicuous places throughout its plant
and maintain for a period of at least sixty (60) days, consecutively,
the following notice :
NOTICE TO EMPLOYEES
WETMORE PULVERIZER AND MACHINE COMPANY
TONKAWA, OKLAHOMA
This notice is posted pursuant to an order entered by the
National Labor Relations Board, and this Company hereby noti-
fies its employees that :
1. Employees shall have the right to form, join; orzassist -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.
2. Employees will not be discriminated against by reason of
their membership in, or activities on behalf of any labor'organi-
zation, in respect to hire or tenure of employment or any term
or condition of employment.
3. The Company will not discourage membership of its
employees in any labor organization.
4. The Company recognizes the International Association of
Machinists as the exclusive representative of all its employees,
exclusive of supervisory and clerical employees, for the purposes
of collective bargaining with respect to rates of pay, wages, hours,
and other conditions of 'employment of its production and main-
tenance employees, and agrees to bargain collectively, in good
faith, upon request, with such organization.
5. Supervisory employees of the Company are directed to
refrain from in any manner interfering with, restraining, or
coercing any of the Company's employees in the exercise of the
rights mentioned in paragraph one above.
6. Copies of this notice shall be posted in conspicuous locations
in the Company's plant at Tonkawa, Oklahoma, and will remain
posted for a period of sixty (60) days from the date of posting.
WETMORE PULVERIZER AND MACI3INE CO.
By:
DATED: ----------------, 1941.
(f) Notify the Regional Director for the Sixteenth Region in
writing within ten (10) days from the date of this Order, what steps
the respondent has taken to comply herewith.