Curtis Companies, Inc.

In the Matter of CuRTIS COMPANIES, INC. and UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, LOCAL UNION #672, AFFILI- ATED WITH THE AMERICAN FEDERATION OF LABOR Case No. C-2099.-Decided Febwuary 28, 1914 Jurisdiction : millwork articles manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Guy Farmer, for the Board. Mr. R. S. Whitley, Clinton, Iowa, for the respondent. Mr. Walter M. Allen, of Clinton, Iowa, nd Mr. Thomas J. Kirk- wood, of Dubuque, Iowa, for the United. Mr.. E. Houser 'and Mr. Oscar Nyquist, both of Clinton, Iowa, for industrial- Democracy. Mr. A. Summer Lawrence, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon amended charges duly filed by the United Brother- hood of Carpenters and Joiners of America, Local Union #672, affiliated with the American Federation of Labor, herein called the United, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighteenth Region (Minneapolis, Minnesota), issued its complaint dated January 28, 1942, against Curtis Companies, Inc., Clinton, Iowa, 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 (2) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint, amended charge and notice of hearing were duly served upon the respondent, the United, and Industrial Democracy, a labor organization alleged in the complaint to-be dominated by the respondent. 39 N L R B., No. 60, 337 338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Concerning the unfair labor practices, the complaint alleged that the respondent, since July 5, 1935, by its officers and agents, in various ways dominated, contributed to the support of, and interfered with the administration of Industrial Democracy, thereby interfering with, restraining, and coercing its employees in the exercise of the rights guaranteed in Section 7 of the Act. - On February 5, 1942, prior to the scheduled hearing in the case, the respondent, the United, Industrial Democracy, and counsel for the Board entered into a stipulation in settlement of the case. The Stipu- lation provides as follows : IT IS HEREBY STIPULATED AND AGREED, by and between the Curtis Companies, Inc., a corporation, herein called the respondent; United Brotherhood of Carpenters & Joiners of America, Local Union #672, affiliated with the American Federation of Labor, herein called the United; Industrial Democracy; and Guy Farmer, Regional Attorney for the National Labor Relations Board, Eighteenth Region (Minneapolis, Minnesota), that: I. Upon Amended Charges duly filed by the United, the National Labor Relations Board, by its Regional Director for the Eighteenth Region, herein called the Regional Director, issued its Complaint and Notice of Hearing thereon, dated January 28, 1942, 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, subdivisions (1) and (2), and Section 2, subdivisions (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the Complaint, Amended Charge, and Notice of Hearing were duly served upon the respondent, the United and Industrial Democracy; and a hearing upon the allegations set forth in said Complaint was scheduled to begin on February 12, 1942, in Clinton, Iowa. _ II. The parties hereto enter into this Stipulation pursuant to a desire to amicably adjust the issues which have arisen and to promote good will and harmonious relationships between man- agement and employees, it being expressly understood that the entering by the respondent into this Stipulation shall not be con- sidered as an admission that the respondent has committed the unfair labor practices alleged in the Complaint. CURTIS COMPANIES, INC. III. 339 All the parties hereto waive the right to a hearing, to the taking of testimony or the, submission of evidence, to the making of findings of fact or conclusions of law by the National Labor Relations Board, and to any further proceedings preliminary to the issuance of an order herein under the National Labor Rela- tions Act or the Rules and Regulations of the National Labor Relations Board. IV. The Amended Charge, Complaint, Notice of Hearing, Affidavit as to Service, and this Stipulation shall constitute the entire record in this proceeding and shall be made a part of the record herein by filing same with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. V. The respondent is, and has been at all times material herein, a corporation organized under and existing -by virtue of the laws ,of the State of Iowa, with its principal office at Clinton, Iowa. In the course and conduct of its business, the respondent owns and operates a plant .in Clinton, Iowa, herein called ' the Clinton Division, and the respondent is now and has been at all times herein mentioned, engaged at the Clinton Division in the, manu- facture, sale, and distribution of millwork articles, including window frames and sashes, doors, cabinets, staircases, screen doors, and interior trim. In the operation of the Clinton Divi- sion, the respondent purchases raw materials consisting prin- cipally of lumber, glass, glue, putty, hardware, and other materials. During the year 1941, the respondent purchased for its Clinton Division such raw materials valued at more than $1,000,000, all of which raw materials were purchased in States other than the State of Iowa and shipped in interstate commerce to the Clinton Division from outside the State of Iowa. During the same period, the respondent sold from its Clinton Division finished products valued at more than $1,000,000, approximately 95 per cent of which finished products were sold and delivered to concerns, including branch plants of the respondent, in States other than the State of Iowa, said products being shipped in interstate commerce from the Clinton Division to points in States other than the State-of Iowa. - For the purpose of this proceeding, and not otherwise, the respondent admits that its operations affect commerce within the meaning of the National Labor Relations Act. 340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VI. The United is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act. - Industrial Democracy was organized in about 1919 and in its subsequent existence was and is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act. VII. The entire agreement among the parties to this proceeding is contained within the terms of this Stipulation, and there is no agreement of any kind which varies, alters,-or adds to the terms of this Stipulation. VIII. It is further stipulated and agreed that, upon this Stipulation and upon the record as defined herein, if and when this Stipula- tion is approved by the Board, and without further notice or proceedings herein, the Board may enter an order providing as follows : 1. The respondent; Curtis Companies, Inc., its officers, agents, successors and assigns, in its operation of its Clinton Division, shall not:' (a) Dominate or interfere with the administration of Indus- trial Democracy, or with the formation and administration of any labor organization of its employees, and shall not contribute financial or other support to Industrial Democracy or to any other labor organization of its employees ; (b) Recognize Industrial Democracy as the representative of any of 'its employees for the purpose of dealing with the re- spondent concerning grievances, labor disputes, rates of pay, hours of employment, or other terms or conditions of employment; (c) In any other manner interfere with, restrain, or coerce 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, or to en- gage in concerted activities for the purpose of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the Act. - 2. The respondent, Curtis Companies, Inc., its officers, agents, successors and assigns, in its operation of its Clinton Division, shall take the following affirmative action to effectuate the poli- cies of the Act : - (a) Withdraw all recognition from Industrial Democracy as the- representative of any of its employees for the purpose of - CURTIS COMPANIES, INC. 341 dealing with the respondent concerning grievances, labor dis- putes, rates of pay, wages, hours of employment, or other terms or conditions of employment, and completely disestablish In- dustrial Democracy as such representative; (b) Post immediately in conspicuous places throughout its Clinton Division and maintain for a period of at least sixty (60) consecutive days from the date of posting notices identical with the form of the notice set forth in Appendix A,-attached hereto and made a part hereof.' (c) Notify the Regional Director for the Eighteenth Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. Ix. IT IS FURTHER STIPULATED AND AGREED that upon application of the National Labor Relations Board the appropriate United States Circuit Court of Appeals shall enter a decree enforcing the Order hereinabove agreed to in the form and terms herein- above set forth, and the parties hereto hereby expressly waive any right to contest the entry of said decree or to receive further notice of the application for or entry of said decree, provided that a copy of said decree shall be served upon the respondent after its entry. - X. This Stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon notice to the parties of the granting of such approval. On February 16, 1942, the Board issued an order approving the above stipulation, making it a part of the record, and pursuant to Article 11, 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 pursuant to the provisions of the stipulation-. On the basis of the above stipulation and upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Curtis Companies, Inc., an Iowa corporation, has its principal office at Clinton, Iowa, and a, plant in Clinton, Iowa, herein called the Clinton Division. It is engaged at the Clinton Division, the 1 The notice is set forth as Appendix "A" to this Decision and Order. -t 342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD only phase of its operations involved in this proceeding, in the manu- facture, sale, and distribution of millwork articles. During the year 1941, the respondent purchased for its Clinton Division raw mate- rials including lumber, glass, glue, putty, and hardware, valued at more than $1,000,000, all of which raw materials were purchased in States other than the State of Iowa and shipped in interstate coin- merce to the Clinton Division from outside the State of Iowa. During the same period, it sold from its Clinton Division more than $1,000,000 worth of finished products, approximately 95 percent of which were shipped outside the State of Iowa. The respondent admits that its operations affect commerce within the meaning of the Act. We find that the above-described opera- tions of the respondent constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER k Upon the basis of the above findings of fact, the 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 hereby orders that: 1. The respondent, Curtis Companies, Inc., its officers, agents, successors, and assigns, in its operation of its Clinton Division, shall not: (a) Dominate or interfere with the administration of Industrial Democracy, or with the formation and administration of any labor organization of its employees, and shall not contribute financial or other support to Industrial Democracy or to any other labor or- ganization of its employees; (b) Recognize Industrial Democracy as the representative of any of its employees for the purpose of dealing with the respondent con- cerning grievances, labor disputes, rates of pay, hours of employ- ment, or other terms or conditions of employment ; (c) In any other manner interfere with, restrain, or coerce 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, or to engage in concerted ac- tivities for the purpose of collective bargaining or other mutual aid or protection, as guaranteed by Section 7 of the National Labor Relations Act. 2. The respondent, Curtis Companies, Inc., its officers, agents, successors and assigns, in its operation of its Clinton Division, shall take the following affirmative action to effectuate the policies of the Act : - CURTIS COMPANIES, INC. 343 (a) Withdraw all recognition from Industrial Democracy- as the representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, rates of pay, wages, hours of employment, or other-terms or conditions of employment, and completely disestablish Industrial Democracy as such representative; (b) Post immediately in conspicuous' places throughout its Clinton Division and maintain for a period of at least sixty (60) consecutive days from the date of posting notices identical with the form of the notice set forth in Appendix A; (c) Notify the Regional Director for the Eighteenth Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. APPENDIX A NOTICE 1. Curtis Companies, Inc., hereby withdraws all recognition from Industrial Democracy as the representative of any of its employees at its Clinton Division, for the purpose of dealing with said Com- pany concerning grievances, labor disputes,, rates of pay, wages, hours of employment, and any other terms or conditions of em- ployment, and disestablishes Industrial Democracy as such repre, sentative. 2. Curtis Companies, Inc., at its Clinton Division, will not domi- nate or interfere with the administration of Industrial Democracy or with the formation or administration of any other labor or- ganization of its employees and will not contribute financial or other support to Industrial Democracy or to any other labor organization of its employees. 3. Curtis Companies, Inc., at its Clinton Division, will not in any other manner interfere with, restrain, or coerce its employees, in the exercise of their right to form, join, or assist the United Brotherhood of Carpenters & Joiners of America or any other labor organization, 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, as provided in Section 7 of the National Labor Relations Act. CURTIS COMPANIES, INC. By ------------------------------