Mosaic Tile Co.

'Iii,the Matter Of MOSAlc TILE COMPANY and UNTIED BRICK AND CLAY WORKERS UNION OF AMERICA, LOCAL 560, AFFILIATED WITH THE A. F. of L. Case No. C-,8012.Decided February 1942 Jurisdiction : tile manufacturing industry. Settlement : stipulation providing for compliance with the Act Remedial Orders : entered on stipulation. Messrs. Drexel A. Sprecher and Harold Weston, for the Board. Frazier c6 Giffen, by Mr. F. F. Frazier and Mr. J. W. Giffen, of Zanesville, Ohio, and Squire, Sanders, and Dempsey, by Mr. L. L. Towell, of Cleveland, Ohio, for the respondent. Mr. Charles S. Stinson, of Ashland, Ky., and Mr. H. R. Turney, of South Canton, Ohio, for the Union. - Mr. J. Benson Saks, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by United Brick and Clay Workers Union of America, affiliated with the American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Ninth Region (Cincin- nati, Ohio), issued its complaint, dated May 3, 1941, against Mosaic Tile Company, 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. Copies of the complaint, accompanied by notice of hearing, were duly served upon the respondent and the Union. The complaint alleged in 'substance that the respondent at its Zanesville, Ohio, plant (1) interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act by inter alia (a) making disparaging and derogatory, 39 N.• L R. 13 , No. 50. 272 - MOSAIC TILE COMPANY 273 remarks to its employees about labor , organizations ' and about the Union in particular, (b), stating that concerted activity by its em- ployees and membership in the Union by its employees would result' in loss of employment and other discriminatory treatment , (c) stating to its employees that they would be preferred with respect to security of employment and other conditions of employment if they did not loin or assist the Union and if they did not engage in other con certed activities related to self-organization , (d) stating to its em- ployees and others that the respondent would cease or curtail the operations of the Zanesville plant if the Union succeeded in organ- izing the employees of the Zanesville plant, or if the Union won an election conducted by the Board , in February , 1938 among the em- ployees of the Zanesville plant, ( e) encouraging its employees to engage in antiunion activity and to vote against the Union in the election conducted by the Board in February 1938, and ( f) engaging in surveillance of union meetings and other union activities ; (2) laid off numerous employees on or about the dates specified and thereafter failed and refused to reinstate them because they joined, and assisted the Union and engaged in concerted activities for the purposes of col- lective bargaining and other mutual aid and protection ; ( 3) laid off numerous named employees on or about the dates appearing after their respective names ,and thereafter failed and refused to reinstate them until on or about the dates appearing after their respective names because they joined and assisted the Union and engaged in concerted activities for the purposes of collective bargaining and other mutual aid and protection ; (4) discharged Harvey ]Eli] 1 on or about February , 28, 1938, and thereafter failed and refused to rein- state him for the purpose of discouraging membership , in the Union. The respondent filed its answer to the complaint on May 13, 1941, admitting that it was engaged in commerce at its Zanesville, Ohio, plant within the meaning of Section , 2 (6) of the Act, but denying that it had engaged in or was engaging in any of the unfair labor practices alleged. Thereafter, a hearing was held before a duly designated Trial Examiner of the Board, and on November 17, 1941, the Trial Ex- aaniner issued his Intermediate Report. On November 22, 1941, the Board issued an order transferring , the case 'to the Board. On December 31, 1941', the respondent and counsel for the Board entered into a stipulation . The stipulation provides as follows: STIPULATION A Trial Examiner of tlie,National Labor Relations Board, hereinafter called the Board having duly issued on November 17, 1941, his `Intermediate Report in the above entitled matter, and 274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD it being the desire of the. parties hereto to dispose of the matters involved by mutual agreement and the parties hereto having this day entered into a Settlement Agreement disposing of the matters arising under the Intermediate Report of said Trial Examiner, It is hereby stipulated and agreed by and between the Mosaic Tile Company, hereinafter called the respondent, and Philip G. Phillips, Regional Director for the Ninth Region of the Board, and Harold Weston and Drexel A. Sprecher, attorneys for the Board, that : T. The respondent is an Ohio Corporation engaged in the manufacture and sale of floor and wall tile. The respondent owns and operates plants at Zanesville, Ohio, and Matawan, New Jersey, and maintains sales offices and warehouses in New York City, Washington, D. C., Chicago, Illinois, St. Louis, Missouri, and San Francisco and Los Angeles, California. This proceeding involves only the respondent's operations at Zanes- ville, Ohio, where it manufactures and sells floor and wall tile. The respondent manufactures approximately 15 per cent of the national production in its field. For the 6-month period ending June 30, 1940, the respondent sold manufactured prod- ucts valued at approximately $876,000. Approximately 75 per cent of the products manufactured by the respondent at its Zanesville plant is transported from the Zanesville plant to points outside the State of Ohio. The respondent admits that it is engaged in interstate commerce within the meaning of the Act. II. The United Brick and Clay Workers of America, Local 560, affiliated with the American Federation of Labor, is a labor organization within the meaning of Section 2, Sub- division 5, of the National Labor Relations Act. III. The parties hereto agree to the Order set forth below and waive all further hearings, procedure and rights to which they may be entitled under the Act or Rules and Regulations of the Board, including the making of findings of fact and con- clusions of law by the Board. IV. The respondent denies that it has violated any of the pro- visions of the National Labor Relations Act, but, for the pur- pose of settling and disposing of this matter in an, amicable and expeditious manner, it is stipulated and agreed an Order may be entered by the Board as more specifically set forth below. V. Upon the Record in the above entitled matter, including the pleadings, formal papers, transcript of testimony, exhibits. Intermediate. Report of the Trial Examiner, and upon this Stipulation, the Board may without further notice to the re- MOSAIC TILE COMPANY 275 spondent and with its consent, which is hereby expressly granted, enter its Order in the following form : ORDER Upon the basis of the foregoing findings of fact and conclu- sions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent Mosaic Tile Company, and its officers, agents, successors and assigns : 1. Shall not : (a) Discourage membership in the United Brick and Clay Workers of America, Local 560, or any other labor organization by discrimination in regard to hire or tenure of employment' or. conditions of employment; (b) In any other manner unlawfully interfere with, restrain, or coerce its employees in the exercise of their rights as guaranteed in Section 7 of the National Labor Relations Act. 2. Shall take the, following affirmative action in order to effectuate the policies of the Act: ; (a) Offer to the employees listed in Appendix A immediate and full reinstatement to their former or substantially equiva- lent positions without prejudice to their seniority or other rights and privileges and, if such offer is accepted within ten days after receipt thereof, reinstate said employees in accord- ance with the aforementioned offer. (b) Offer to Harvey Hill immediate and full reinstatement to the position or substantially equivalent position that he occupied immediately prior to his promotion to foreman, without prej- udice to his seniority or other rights and privileges; (c) Make whole the employees listed in Appendices A and B by payment to them collectively of the lump sum of $22,000, the same to be divided and paid out by the respondent in such amounts as may be determined and directed by the Regional Director, whose decision shall be binding and final, and which said sum shall be the total amount which respondent shall be required to pay by reason of the complaint as amended and all matters involved in same. (d) Immediately post and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices in conspicuous places throughout its Zanesville plant, stating that the respondent will not engage in the conduct prohibited in paragraph 1 (a) and (b) of this Order; 276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ' (e) ' Notify the • Regional Director for the Ninth Region of the Board in writing; within ten (10) days of this Order, what steps the respondent has taken to comply herewith. It is further ordered that the complaint as amended be and it hereby is now dismissed insofar as it alleges that the respond- ent discriminated against Opal Caw by refusing reinstatement, discriminated against Harry Sebach by refusing him reinstate- ment, discriminated against Leo DeLong, Elmer Dunmead, Mor- ris Martindale and Ambrose Wisecarver by discharging them, and insofar as it alleges that the respondent committed any other unfair labor practice not mentioned in this order. VI. It is further stipulated and agreed by and between the parties hereto that after entering of the Order by the Board, as provided in this Stipulation, the United States Circuit Court of Appeals for the Sixth Circuit, may, upon application by the Board and without notice to the respondent, enter its Decree enforcing in full the said Order of the Board, and each of the parties hereto hereby consents to the entry of such. Decree and hereby waives its right to contest the entry of any such Decree and to receive notice of the filing of such application by the Board. VII. All stipulations herein made are subject to the approval of ,the National Labor Relations Board, and should the National Labor Relations Board fail to approve the terms and conditions contained herein, this Stipulation and Agreement shall become null and void and of no effect, and the proceedings in this matter shall be in the same status as if no Stipulation had been en- tered into. VIII. All terms agreed upon are contained within this Stipu- lation and Agreement and there is no verbal 'or other agreement of any kind which varies, alters, or adds. to this Stipulation and Agreement. Lewis Caw Leo DeLong Elmer Dunmead Frank Kehl Harold Reed' Mitchell Ambrose Wisecarver Edith Fattier Ella Jadwin Josephine Stroud Alfred Arnold APPENDIX A Dorothy Thomas (Adams) Gene Cosgrave Clinton Cohen Otto Dick Emmitt Diltz . Paul Martin Drumm Herbert Lasure Ira Smythe Robert Bennett John Getts I MOSAIC TILE COMPANY 277 APPENDIX B Elmer Dunmead Harvey Hill Morris Martindale Thomas L. Roberts Hannah Harchnan Idella Hill Louise Swingle Guy Hensler Edison E. Riemenschneider Elizabeth Wisecarver Paul Darst Grayson Bell Glenn Howell Ruth Gheen Paul Near Willis McClurg William Holzschuher Theodore Clark Charles E. Shubert Jambes Henry Hooper Charles B. Johnson Bertha Moore Rudolph Bradley Roy Atkinson Harold Cohagen Clair Johnson Louis Weidig Ronald Barnes Ernest Wells Eva Orange Dawson Ross On February 5, 1942, the Board issued its' order approving the stipulation and making it a part of the record herein. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT AND CONCLUSIONS OF LAw Mosaic Tile Company is an'Ohio corporation engaged in the manu- facture and sale of floor and .wall tile. The respondent owns and operates plants in several States and maintains sales offices and.'Ware- houses in various cities . This proceeding involves only the respond- ent's operations at Zanesville , Ohio, where it manufactures and, sells floor and wall tile. The respondent manufactures approximately 15 percent of the national production in it 's field. For a 6-month period ending June 30 , 1940, the respondent sold manufactured prod- ucts valued at approximately $876,000. Approximately 75 percent of the products 'manufactured by the respondent at its Zanesville plant are transported . from the 'Zanesville plant to points outside the State of Ohio. The respondent admits, and we find, that it is engaged in commerce within the meaning of the Act. 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 278,, -DECISIONS OF NATIONAL LABOR RELATIONS BOARD the respondent Mosaic Tile Company, and its officers, agents, suc- cessors and assigns : 1. Shall not : (a) Discourage membership in the United Brick and Clay Workers of America, Local 560, or any other labor organization by discrimina- tion in regard to hire or tenure of employment or conditions of employment;' (b) in any other manner unlawfully interfere with, restrain, or coerce its employees in the exercise of their rights as guaranteed in Section 7 of the National .Labor Relations Act. 2. Shall take the following affirmative action in order to effectuate the policies of the Act : (a) Offer to the employees listed in Appendix A immediate and full reinstatement to their former or substantially equivalent posi- tions without prejudice to their seniority. or other rights and priv- ileges and, if such offer is accepted within 10 days after receipt thereof, reinstate said employees in accordance with the aforemen- tioned offer; (b) Offer to Harvey Hill immediate and full reinstatement to the position or substantially equivalent position that he occupied im- mediately prior to his promotion to foreman, without prejudice to his seniority or other rights and privileges; (c) Make whole the employees listed in Appendices A and B by payment to them collectively of the lump sum of $22,000, the same to be divided and paid out by the respondent in such amounts as may be determined and directed by the Regional Director, whose decision shall be binding and final, and which said ,sum shall be the total amount which respondent shall be required to pay by reason of the complaint as amended and all matters involved in same; (d) Immediately, post and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices in con- spicuous places throughout its Zanesville plant, stating that the .respondent will not engage in the conduct prohibited in paragraphs 1 (a) and (b) of this Order; (e) Notify the Regional Director for the Ninth Region of the Board in writing, within ten (10) days of this Order, what steps the respondent has taken to comply herewith. IT IS FURTHER ORDERED that the complaint as amended be and it hereby is now dismissed insofar as it alleges that the respondent discriminated against Opal Caw by refusing reinstatement, discrim- inated against Harry Sebach by refusing him reinstatement, dis- criminated against Leo DeLong, Elmer Dunmead, Morris Martin- dale and Ambrose Wisecarver by discharging them, and insofar as it alleges that the respondent committed any other unfair labor practice not mentioned in this Order. MOSAIC TILE COMPANY 279 APPENDIX A Lewis Caw Leo DeLong Elmer Dunmead Frank Kehl Harold Reed Mitchell Ambrose Wisecarver Edith Fattier Ella Jadwin Josephine Stroud Alfred Arnold Dorothy Thomas (Adams) Gene Cosgrave Clinton Cohen Otto Dick Emmitt Diltz Paul Martin Drumm Herbert Lasure Ira Smythe Robert Bennett John Getts APPENDIX B Elmer Dunmead Harvey Hill Morris Martindale Thomas L. Roberts Hannah Hardman Idella Hill Louise Swingle Guy Hensler Edison E. Riemenschneider Elizabeth Wisecarver Paul Darst Grayson Bell Glenn ,Howell Ruth Gheen Paul Near Willis McClurg William Holzschuher 'Theodore Clark Charles E. Shubert James Henry Hooper Charles B. Johnson Bertha Moore Rudolph Bradley Roy Atkinson Harold Cohagen Clair Johnson Louis Weidig Ronald Barnes Ernest Wells Eva Orange Dawson Ross r'