Boyt Harness Co.

In the Matter of JOSEPH W. BoYT, HELEN F. BoYT, ARTHUR J. BOYT, MARJORIE P. BOYT, PAUL A. BOYT, DOROTHY J. BOYT, BARBARA D. BOYT, ELIZABETH M. BOYT, BERNARD B. QUINER, JOSEPH E. GREEN, PETER J. KURTZ, DOING BUSINESS AS BoXT HARNESS COMPANY, A GEN- ERAL PARTNERSHIP, AND JOSEPH W. BOYT, HELEN F. BOYT,'ARTHUR J. BOYT, MARJORIE P. BOYT, PAUL A. BOYT, DOROTHY J. BoYT, BARBARA D. BOYT, ELIZABETH M. BOYT, BERNARD B. QUINER, JOSEPH E. GREEN, PETER J. KURTZ, DOING BUSINESS AS A GENERAL PARTNERSHIP, TOGETHER WITH G. G. HERRICK, DOING BUSINESS AS BOYT HARNESS COMPANY, A LIMITED PARTNERSHIP and CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. C-2118.-Decided March 5, 194.2 Jurisdiction : harnesses, belts; and kindred articles manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Clyde F. Waers, for the Board. Mr. Joseph W. Boyt, of Des Moines, Iowa, for the respondents. Mr. Ben Henry, of Des Moines, Iowii,,for the C. I. O. Mr. George Hansen, Mr. Art Sheldon, Mr. Fred Dengle, Mr. G. M. Knox, Mr. Joe Collins, Miss Jean Beyer, Miss Helen Phoenix, Miss Pearl Carter, Mrs. Rose J. Cole, Miss Beatrice Crawford, of Des Moines, Iowa, for the Association. Mr. Max E. Halpern, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by the Congress of Industrial Organizations, herein called the C. I. 0., the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighteenth Region (Minneapolis, Minnesota) issued its complaint, dated February 18, 1942, against Joseph W. Boyt, Helen'F. Boyt, Arthur J. Boyt,,Marjorie P. Boyt, Paul, A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth M. Boyt, Bernard B. 39 N. L. R. B., No. 79. 438 BOYT HARNESS COMPANY 1 439 Quiner,, Joseph E: Green, Peter J. Kurtz, doing business as Boyt Harness Company , a general partnership , and Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt; Marjorie P. Bdyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth M. Boyt, Bernard B. Quiner, Joseph E. Green, Peter J. Kurtz, doing business as a general partnership, to- gether with G. G. Herrick , doing business as Boyt Harness Company, a limited partnership; Des Moines, Iowa, herein referred to as the respondents , alleging that the respondents had engaged in and were 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. With, respect to, ,the unfair labor practices, the complaint alleged in substance that the respondents ( 1) instigated , suggested , and in- augurated the formation of Boyt Employees Association , herein called the Association ; dominated and interfered with the administration of,the Association ; permitted the conduct of elections of the Associa- tion on, the respondents' premises during working hours and the use of the respondent's property for Association meetings; suggested, ad- vised, urged, and warned employees to join the Association; contrib- uted financial' and other support to said organization and otherwise actively fostered , promoted , and encouraged its growth ; (2) threatened employees with discharge and physical eviction from the premises unless said employees discontinued support of the C . I. 0.; attended a -meeting of members of the C. I. O. on January 18, 1942, to determine which of their employees favored the C. I. O. and to coerce and intimi= date such employees; and (3) by the foregoing acts interfered with, 'res'trained , and coerced the employees in the exercise of the rights guar- anteed in Section 7 of the Act. On February 18, 1942, the respondents, the C. I. 0., the Associa- tion and representatives of the Board entered into a Stipulation which provided as follows : STIPULATION IT IS HEREBY STIPULATED AND AGREED by and among Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie P. Boyt, Paul A . Boyt, Dorothy J. Boyt, Barbara D. Boyt, Eliza- beth M. Boyt, Bernard B. Quint, Joseph E. Green and Peter J. Kurtz, doing business as Boyt Harness Company,' a General Part- nership, (hereinafter referred to as the General Partnership) ; Joseph W. Boyt, Helen F. -Boyyt, Arthur J. Boyt, Marjorie P. Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Eliza- beth M. Boyt, Bernard B. Quiner, Joseph E. Green and Peter J. Kurtz, doing business 'as Boyt Harness Company, a General Part- nership, together with G. G. Herrick doing business as Boyt Har- 440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ness Company, a Limited Partnership, (hereinafter referred to as the Limited Partnership) ; Congress of Industrial Organiza- tions, (hereinafter called the C. I. 0.), by its Regional Director, Ben Henry ; Boyt Employees Association , ( hereinafter referred to as the Association ), by members and officers of the Association Men's Committee and Women's Committee ; Clyde F. Waers, Field Examiner, and Robert R. Rissman, Regional Director for the Eighteenth Region, National Labor Relations Board, (hereinafter called the Board ) that: 1. Upon charges and amended charges duly filed by the C. I. 0., the Board, by the Regional Director for the Eighteenth 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.IV, Section 1 of the National Labor Relations Board Rules and Regulations-Series '2, as amended, duly issued its Complaint on February 18, 1942, alleging that the General Partnership and the Limited Partnership had engaged and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 , subsections (1) and (2), and Section 2 , subsections (6) and (7), of the Act. H. All parties hereto waive their rights to Notice of Hearing, to the filing of an Answer to the Complaint, to a hearing, and to the making of Findings of Fact and Conclusions of Law by the Board herein, or to any other or further procedure before said Board. Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie P. Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Eliza- beth M. Boyt, Bernard' B. Quiner, Joseph E. Green and Peter J. Kurtz, doing business as Boyt Harness Company , a General Part- nership, is and has been at all times since August 30, 1941, on which date a predecessor corporation was dissolved , a General Partnership organized under and existing by virtue of the laws of the State of Iowa. The principal office and place . of busi- ness of said General Partnership is at 212 Court Avenue, Des Moines, Iowa. Joseph W. Boyt, Helen F. Boyt , Arthur J. Boyt, Marjorie P. Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Eliza- beth M. Boyt, Bernard B. Quiner, Joseph E. Green and Peter J. BOYT HARNESS COMPANY 441 Kurtz, doing business as Boyt Harness Company, a General Partnership, together with G. G. Herrick doing business as Boyt Harness Company, a Limited Partnership, is, and has been at all times since August 30, 1941, at which date a predecessor limited partnership was dissolved, a Limited Partnership organ- ized under and existing by virtue of the laws of the State of Iowa. The Limited Partnership and the General Partnership use as their principal offices and places of business the same quarters at 212 Court Avenue, Des Moines, Iowa. The General Partnership is engaged at its place of business in Des Moines, Iowa, in manufacturing, selling and distributing harness for horses and horse collars. At said place of business in Des Moines, Iowa, the General Partnership uses raw materials which include leather„ canvas and hardware and kindred mate- rials. The total raw materials purchased by the General Part- nership and its predecessor corporation and used in the place of business at Des Moines, Iowa, during the fiscal year 1941, amounted in value approximately to- One Hundred and Fifty, Thousand and no/100 ($150,000) Dollars. Over eighty (80/0) per cent of these materials were shipped to the General Part- nership and its predecessor corporation from sources outside the State of Iowa. The products manufactured in the General Partnership's place of business at Des Moines, Iowa, include harness for horses and horse collars. During the fiscal year 1941, the General Partner- ship and its predecessor corporation manufactured at the place of business in Des Moines, Iowa, and sold products amounting in value approximately to Three Hundred Thousand ($300.000.00) Dollars. Of this total approximate amount of sales, products amounting in value approximately to fifty (50%) per cent of Three Hundred Thousand ($300,000.00) Dollars were sold and shipped to purchasers outside the State of Iowa. The business of the General Partnership affects commerce within the meaning of the National Labor Relations Act, as construed by the National Labor Relations Board and the Courts of the United States, and ,is subject to the jurisdiction of the National Labor Relations Board. The Limited Partnership is engaged at its place of business in Des Moines, Iowa, in manufacturing under contract such articles for the National Defense program as haversacks, cart- ridge belts, dispatch cases, machinegun belts, gun slings, and '442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD kindred articles. At said place of business in Des Moines, Ioway the Limited Partnership uses raw materials which include leather, canvas, webbing, hardware and kindred materials. The total raw materials purchased by the Limited Partnership and its predecessor limited partnership and used in the place of business at Des Moines, Iowa, during the fiscal year 1941, amounted in value approximately to One Million ($1,000,000.00) Dollars. Over ninety (900/0) per cent of these materials were shipped to the Limited Partnership and its predecessor limited partnership from sources outside the State of Iowa. The products manufactured in the Limited Partnership's place of business at Des Moines, Iowa, include haversacks, cart- ridge belts, dispatch cases, machinegun belts, gun slings and kindred articles. During the fiscal year of 1941, the Limited Partnership and its predecessor limited partnership manufac- tured in the place of business at Des Moines, Iowa, and sold products amounting in value approximately to One and One- Half Million ($1,500,000.00) Dollars. Of this total approximate amount of sales, all were sold and shipped to purchasers outside the State of Iowa. The business of the Limited Partnership affects commerce within the meaning of the National Labor Relations Act, as construed by the National Labor Relations Board and the Courts of the United States, and is subject to the jurisdiction of the National Labor Relations Board. IV. (a) The Boyt Employees Association, unaffiliated, is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act. It admits to membership employees of the General Partnership and the Limited Partnership. (b) The Congress of Industrial Organizations is a labor organization within the meaning of Section 2 (5) of the Na- tional Labor Relations Act. It admits to membership employees of the General Partnership and the Limited Partnership. V. This Stipulation, together with the Amended Charge and Complaint, shall constitute the entire record in this case, and may be filed with the Chief Trial Examiner of the Board at Washington, D. •C. BOYT HARNESS COMPANY VI. 443 Upon this Stipulation and upon the record herein, an Order may forthwith be entered by the National Labor Relations Board as follows : The General Partnership and the Limited Partnership, their officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) In any manner dominating or interfering with the ad- ministration of the Boyt Employees Association, or with the for- mation or administration of any other labor organizations of their employees, and from contributing financial or other support to Boyt Employees Association or to any other labor organization of their employees; (b) Recognizing Boyt Employees Association as a representa- tive of any of their employees for the purposes of dealing with the General Partnership and the Limited Partnership concerning grievances,' labor disputes, wages, rates of pay, hours of employ- ment; or any other conditions of employment; (c) Giving effect to any agreement or understanding with Boyt Employees Association or to any modification, extension, or renewal thereof, or any other agreement regarding terms and con- ditions of employment at any time made with the said Association or any of its committees; (d) In any other manner interfering with, restraining, or coercing their employees in the exercise of the rights to self- organization, to form, join, or assist labor organizations, to bar- gain 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 the policies of the Act : (a) Withdraw all recognition from Boyt Employees Associa- tion as the representative of any of their employees for the pur- poses of dealing with the General Partnership and the Limited Partnership concerning grievances, labor disputes, rates of pay, wages, hours of employment, or other conditions of employment, and completely disestablish Boyt Employees Association as such representative. (b) Post immediately in conspicuous places throughout the Des Moines, Iowa, plant, and maintain for a period of at least sixty (60) consecutive' days, notices to its employees stating : '(1) That the General Partnership and the Limited Partner- ship will not engage in the conduct from which it is ordered to 444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cease and desist in Paragraphs 1 (a), (b), (c), and (d) hereof; and (2) That the General Partnership and the Limited Partner- ship will take the affirmative action set forth in Paragraph 2 (a) 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 General Partnership and the Limited Partnership have taken to comply herewith. VII. The General Partnership and the Limited Partnership hereby expressly consent and agree that upon application of the National Labor Relations Board, the United States Circuit Court of Appeals for the Eighth Circuit may enter its Decree enforcing the Order of the National Labor Relations Board in the form and terms hereinabove set forth, and hereby expressly waive further notice of the application for such Decree. A copy of said Decree shall be served upon the General Partnership and the Limited Partnership after it has been entered. VIII. By entering into this Stipulation, the General Partnership and the Limited Partnership do not hereby admit any of the allega- tions in the Complaint, and this Stipulation does not constitute and is not to be construed as an admission by the General Partner- ship and the Limited Partnership of the commission of any unfair labor practices.' IX. It is understood and agreed that this Stipulation comprises the entire agreement between the parties, and there is no verbal agree- ment of any kind which varies, alters, or adds to this Stipulation. 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. Should the Board fail to approve this Stipulation within twenty- one (21) days from the date hereof, this Stipulation shall be null and void"and of no effect. On February 26, 1942, the Board issued its Order approving the above Stipulation and making it a part of the record in the case. BOYT HARNESS COMPANY 445 Upon the above Stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENTS The respondents Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie P. Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth M. Boyt, Bernard B . Quiner, Joseph E. Green, Peter J. Kurtz, doing business as Boyt Harness Company , are and since August 30, 1941, have been a general partnership organized under and existing by virtue of the laws of the State of Iowa ; the respond- ents Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie P. Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth M. Boyt, Bernard B. Quiner, Joseph E. Green, Peter J. Kurtz, doing business as a general partnership, together with G. G. Herrick, doing business as Boyt Harness Company, are and since August 30, 1941, have been a limited partnership organized under and existing by virtue of the laws of the State of Iowa. The respondents have their office and principal place of business at 212 Court Avenue, Des Moines, Iowa, where the general partnership is engaged in the manu- facture, sale, and distribution of horse , harnesses and collars and where the limited partnership is engaged in the manufacture under defense contracts of haversacks , cartridge belts, dispatch cases, machine-gun belts, gun slings , and kindred articles. During the fiscal year of 1941 the general partnership and its predecessor pur- chased raw materials for the manufacture of finished products valued at approximately $150,000, over 80 percent of which were shipped to it and its predecessor from sources outside the State; during this period the general partnership and its predecessor manufactured and sold products valued at approximately $300,000, 50 percent of which were sold and shipped outside the State. During the fiscal year of 1941 the limited partnership and its predecessor purchased raw materials for the manufacture of finished products valued at approxi- mately $1 ,000,000, over 90 percent of which were shipped to it and its predecessor from sources outside the State ; during this period the limited partnership and its predecessor manufactured and sold products valued at approximately $1,500,000, all of which were sold and shipped outside the State. The respondents admit that they are engaged in 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. 446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the foregoing 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 the respondents, Joseph WT. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie P. Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth M. Boyt, Bernard B: Quiner, Joseph E. Green, Peter J. Kurtz, doing business as Boyt Harness Company, a general partnership, and' Joseph W. Boyt, Helen F. Boyt, Arthur' J. Boyt, Marjorie P. Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth M. Boyt,' Bernard B. Quiner, Joseph E. Green, Peter J. Kurtz, doing business as a' general partner- ship, together with G. G. Herrick, doing business as Boyt Harness Company, a limited partnership , Des Moines , Iowa, their officers, agents, successors , and assigns, shall: 1. Cease and desist from : (a) In any manner dominating or interfering with the adminis- tration of the Boyt Employees Association, or with the formation or administration of any other labor organizations of their employees, and from contributing financial or other support to Boyt Employees. Association or to any other labor organization of their employees; (b) Recognizing Boyt Employees Association as a representative of any of their employees for the purposes of dealing with the Gen- eral Partnership and the Limited Partnership concerning grievances, labor disputes, wages, rates of pay, hours of employment, or, any other conditions of employment; (c) Giving effect to any agreement or understanding with Boyt Employees Association or to any modification, extension, or renewal thereof, or any other agreement regarding terms and conditions of employment at any time made with the said Association or any of its committees; (d) In any other manner interfering with, restraining, or coercing their employees in the exercise of the rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in con- certed 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 the policies of the Act : (a) Withdraw all recognition from Boyt Employees Association as the representative of any of their employees for the 'purposes of dealing with the General Partnership and the Limited Partnership concerning grievances, labor disputes, rates ofspay, wages, hours of BOYT HARNESS COMPANY 447 employment, or other conditions of employment, and completely disestablish Boyt Employees Association as such representative; (b) Post immediately in conspicuous places throughout the Des Moines, Iowa, plant, and maintain for a period of at least sixty (60) consecutive days, notices to its employees stating : (1) That the General Partnership and the Limited Partnership will not engage in the conduct from which they are ordered to cease and desist in Paragraphs 1 (a), (b), (c), and (d) hereof; and (2) That the General Partnership and the Limited Partnership will take the affirmative action set forth in Paragraph'2 (a) 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 General Partnership and the Limited Partnership have taken to comply herewith. 448105-42-vol. 39-30