002 NLRB 78
Hardwick Stove Co., Inc.
In the Matter of HARDWICK STOVE COMPANY, INC. and INTERNATIONAL
MOLDERS' UNION OF NORTH AMERICA
Case No. C-70.-Decided July 8, 1936
Stove and Furnace Manufacturing Industry-Interference, Restraint or Coer-
cion: surveillance of union meetings and activities ; espionage ; interference with
organizational activity; questioning employees regarding union affiliation; at-
tempt to bribe union members ; engendering fear of loss of employment for
union membership and activity-Condition of Employment: non-membership in
union-Discrimination: in
allocation
of
work ; demotion ; discharge-Rein-
statement Ordered-Back Pay: awarded.
Mr. Walter G. Cooper, Jr., for the Board.
Mr. D. Sullins Stuart and Mr. James F. Corn, of Cleveland, Tenn.,
for respondent.
'Hilda'Droshnicop, of counsel to the Board.
DECISION
STATEMENT OF CASE
On February 3, 1936, the International Molders' Union of North
America, hereinafter referred to as the Union, filed a charge with
the Regional Director for the Tenth Region, charging the Hardwick
Stove Company, Incorporated, of Cleveland, Tennessee, hereinafter
called respondent, with having committed unfair'labor practices pro-
hibited by the National Labor Relations Act, approved July 5, 1935,
hereinafter called the Act.
A complaint and accompanying notice of
hearing were issued by Charles N. Feidelson, duly designated agent
of the National Labor Relations Board, on February 7, 1936, copies
of which were duly served upon respondent and upon the Union.
The complaint charged respondent with violations of Section 8,
subdivisions (1), (2), and (3) of the Act, by virtue of its discharge
of and refusal to reinstate eight employees-Charlie Wagner, Carl
Lyles, Millard Sutton, Spencer Blankenship, Tom Ray, Louis Dodd,
Ernest Cross 1 and Garland Fullbright-for forming, joining, and
assisting the Union.
On February 19, 1936, respondent submitted its
constitutional objections to the jurisdiction of the Board and its an-
swer, in which it denied the allegations of unfair labor practices and
moved to dismiss the complaint.
1 "Everett Cross" is the correct name of the molder designated in the complaint as
"Ernest Cross" ; he will be referred to in this decision by his correct name.
78
DECISIONS AND ORDERS, ":_' ;;,
,79
Pursuant to notice, a hearing was held at Chattanooga, Tennessee,
March 2, 3, 4, 5 and 30, 1936, before Noel R. Beddows, duly designated
by the Board as Trial Examiner. Full opportunity to be heard, to
examine and cross-examine witnesses and to introduce evidence bear-
ing on the issues was afforded both parties.
At the opening of the
hearing respondent moved to dismiss the complaint on the ground
that its business was not in interstate commerce.
The Trial Exam-
iner's ruling denying this motion is hereby affirmed.
Paragraph 4
of the complaint was subsequently amended to allege that respondent
had interfered with its employees in joining rather than in forming
a labor organization.
Respondent later in the hearing renewed its
constitutional objections and moved to dismiss the complaint on the
ground that the evidence faileca. to support the allegations of viola-
tion.
At the close of the hearing respondent renewed all of these
objections in its motion to dismiss
The Trial Examiner overruled
them.
His ruling is hereby affirmed.
By order of March 30, 1936, and in accordance with Section 35,
Article II of National Labor Relations Board Rules and Regula-
tions-Series 1, the proceeding was transferred to and continued be-
fore the Board.
Thereafter, respondent requested an opportunity to
argue the case on the record before the Board.
The Board granted
the request, and on April 9, 1936, Mr. Stuart, appearing for respond-
ent, and Mr. Sternau, representing the Union, made arguments before
the Board at Washington.
Upon the entire record now before it, including the pleadings,
transcript of the evidence, exhibits introduced, and the brief of re-
spondent, the Board makes the following :
FINDINGS OF FACT
1. HARDWICK STOVE COMPANY, INCORPORATED
The Hardwick Stove Company, Incorporated, is a Delaware cor-
poration, having its principal office and place of business, which is the
scene of the present dispute, in Cleveland, Bradley County, Tennessee.
It is one of the largest, if not the largest, foundry in the South.
Respondent is engaged at its Cleveland plant in the production, sale
and distribution of stoves and ranges. It employs 400 or 500 em-
ployees at its peak season, of whom 200 are molders.
During August,
1935, it had approximately 150 molders.
At the hearing respondent stipulated that it acquires a substantial
portion, if not the bulk, of its raw materials from states other than
Tennessee and that it ships a substantial part, if not the' bulk, of its
manufactured products to points outside of Tennessee. - Thus, practi-
cally all the pig iron used by it is-imported from Birmingham, Ala=
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NATIONAL LABOR RELATIONS BOARD
bama; 80% or 90Jo of its coke is bought in the same city; a large
proportion of its steel is similarly purchased outside of Tennessee.
The emery and branding used by respondent come from New York
and its brick from Ohio.
Most of these products are bought f. o. b.
Cleveland.
Respondent sells its finished products to jobbers, whole-
salers and retailers all over the United States and disposes of a large
volume of its production to mail order houses which deal extensively
with most of the states in the union.
Respondent advertises in jour-
nals of nation-wide circulation.
It has registered a trademark for
use in interstate commerce.
All of the aforesaid constitutes a continuous flow of trade, traffic
and commerce among the several States.
H. THE UNFAIR LABOR PRACTICES
A. Respondent's labor policy before the passage of the Act
The history of respondent's labor relations before the passage of the
Act is one of unyielding resistance to unionism.
Since the founding
of the company it was generally understood that no union activities
would be permitted in the plant.
Hurt, vice-president of respondent,
testified at the hearing that he had been trained by the founder of the
company to believe "that union-organizers had horns" and that it was
respondent's settled policy to refuse to bargain collectively with groups
of its employees and to discharge men who joined a union. The strikes
in 1916 and iii 1926-1927 which resulted from this suppression were
combatted by methods which left the employees in no doubt of respond-
ent's determination to crush the movement by any means at its com-
mand. In 1926-1927, open Union meetings held in the city court
house were attended by officers of respondent, among them Hurt,
Hughes, the chief timekeeper, and Carl, a superintendent at the
foundry.
Another meeting, held at the Cates building in Cleveland,
"was again spied on, by Hurt, who gained admittance to the Union
hall and hid behind a door until he was discovered.
Thereafter, meet-
ings were held out of town in an effort to escape the espionage and
reprisals of respondent, but to no avail; Hughes and Flowers, chief
timekeeper and timekeeper of respondent, respectively, were discovered
listening under the floor of the building during the course of one of
the meetings:
Ira Logan, an employee,, was also retained by respond-
ent as a spy.
Walden, production manager, and' Andrews, chief fore-
man of the foundry department, also eavesdropped on a Union meeting
at the house of one of respondent's molders during this period.
At
about this time Andrews urged Millard Sutton, an employee , to assert
under oath in an injunction suit that.strikers had called him a scab
in 'an , attempt to intimidate him into joining them.' In the face of
DECISIONS AND ORDERS
81
Sutton's insistence that this had not occurred, Andrews warned him
that he would be discharged if he did not swear to these facts at the
hearing on the injunction.
Sutton was dismissed when respondent
subpoenaed him and he refused to perjure himself.
As a result of respondent's tactics the Union in Cleveland was re-
duced to a membership of one or two men. Owing to respondent's
intense hostility, the Union omitted from its publications all reference
to the existence of a skeleton organization in Cleveland, for fear that
respondent might be aroused to activities which would make the future
growth of the Union impossible.
The obligations imposed by Section
7 (a) of the National Industrial Recovery Act did not make respondent
more receptive to unionism.
Hurt testified that he opposed the union-
ization of the men in 1933, among other reasons because the organizer
sent by the Union was a foreigner and because respondent disagreed
with the Union regulations concerning apprenticeship.
B. The unfair labor practices
In the early spring of 1935 discussion of unionism in the Cleveland
foundries revived.
In response to the request of the employees for an
organizer, the American Federation of Labor sent Frank Spurling:
to Cleveland in March, 1935, under the supervision of Henry Sternau.
The organizers soon obtained the verbal agreement of 12.1 out of 123,
employees in respondent's molding department to join if respondent
did not interfere in the organization.
On August 9, 1935, the first Union meeting was held at Benton
Pike, about a mile and a half from the center of town.
About ten or
twelve men from the foundries in Cleveland attended, among them
Louis Dodd, Millard Sutton, Tom Ray, Garland Fullbright, Blanco
Wooden and Clyde Mowery, employees of respondent.
During the
meeting, Bill Brown, respondent's plant policeman, drove past in a car
several times, finally drew up near the meeting house and observed
who was there.
Paul Brown, who was with his father, was asked to
come in, but refused to do so.
The Browns continued their inspection
for approximately half an hour and then drove away. On being
warned that Mowery was a spy, Sternau requested him to leave.
Full-
bright predicted that Mowery would immediately inform respondent,
and that the employees who attended the meeting would be discharged..
On August 12, three days after the meeting, Dodd, an expert molder
who had been employed by respondent for five years,' was removed
from his regular job and consigned to cat-skinning (doing extra, help-
ing or substitution work), while Charlie. Ernest, who had not worked
for respondent for several years, replaced him.
On, the same. day
' Dodd 's average earnings were $20 a week.
•
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NATIONAL LABOR RELATIONS BOARD
Fullbright,3 a skilled barrel. molder of ten years' standing, was dis-
missed by Andrews, chief foreman of the foundry department, with
the words : "The company requires me to get rid of you."
He was
replaced by Bob Courtney,.wlho had been employed by respondent for
about four or five months.
A subsequent meeting of the Union called at Benton Pike was not
attended because the men were intimidated by respondent's espionage
at the first.
The next meeting was held on Friday, August 16, at
Painters' Hall, a building in the middle of Cleveland, near the court
house.
All those present at the first meeting attended, with the addi-
tion of Carl Lyles, Spencer Blankenship, John Kerr, Charlie Wagner
and Everett Cross. • In all, approximately 1.5 or 20 molders employed
by respondent and by the Dixie Foundry, another foundry in Cleve-
land, attended.
Wagner, Lyles, Sutton, Blankenship, Ray, Dodd,
Cross, Fullbright, Kerr and Wooden applied for membership in the
Union.
A considerable number of molders employed by respondent
gathered in the court yard across the street from the hall, but were
deterred from going in to the meeting because numerous officials of
respondent and the Dixie Foundry 4 stood for approximately half an
hour in full view in front of the building, observing the men who were
going in.
A few days after this meeting Ray heard Richardson remark to
Luther Mowery, "There are going to be soiree good jobs for somebody
around here in a day or two."
At about this time Andrews approached
Dodd, asked him how he liked the Union, and suggested that Dodd
could name his. job if he would go to the third meeting as a spy for
respondent.
Dodd replied, "Let the same one tell you that told you I
was there."
On August 20, when Dodd applied for a cat-skinning job,
he was escorted out of the plant by Bill Brown, who said that he had
gotten his orders from the office.
When he applied to Walden for
reinstatement, Walden said, "What did you want to go to those meet-
ings for, ... you know we don't allow it, never have and never will."
On August 17, Sutton, who had been employed by respondent for
approximately eight years,5 was removed from his regular job and
was detailed to substitute for Clyde Green, who was temporarily
absent because of a hurt knee.. When Green returned on August 19.
Brown ordered Sutton off the company property. This was unusual,
since cat-skinners were usually permitted to remain about the foundry
in case a substitute or extra man might be needed. Sutton's position
was filled by Dewey Stansbury, whose place in turn had been taken
Fulibright's wages were about $30 to $35 a week.
t Hurt, Walden, Richardson , a foreman , Bill Brown , Paul Broan , Hubert Brown and
Luther Mowery, an instructor employed by respondent, and Walter Kyle- and Le Roy
Ryner, of Dixie Foundry, were seen in the vicinity.
5 Sutton's average earnings were $18 to $20 a week.
DECISIONS AND ORDERS
83
by a newcomer who had worked in the foundry for only a few days;
Shortly thereafter, Sutton was given notice to move from his house;
which was owned by Andrews.
At about the same time Ray, an expert Molder of six years' experi-
ence,° was told that his job had been cut out because, of curtailment
of production., Five other molders performing the same work retained
their positions.
Rufus Swicegood, Ray's partner, was given other
work while Ray was told that he could cat-skin if he wished to do so.
Instead of Ray; Pete Senters, a helper of three or four weeks' experi-
ence, was hired for cat-skinning on August 19; on August, 20, Ray
was again refused work but saw his former job going into opera-
tion again ; , on, August 21, however, when he expected to return to
his work, he was ejected from the foundry by Trotter, the.-Chief of
Police of Cleveland.
Dan Rymer, a non-Union helper of five months'
experience who in June, 1935 had demonstrated his incapacity,to hold
Ray's position, replaced Ray.
Ray had lived in a company house for
three years; after his discharge he was given three days' notice to
move.
Everett Cross,' who had been helping Ray, was laid off on August
19 under the same circumstances and was replaced by a new man.
Charlie Wagner, a man of extensive experience as a molder, who
had worked for respondent five days a week since 1934,8 was told
on August 17 that his services would no longer be required since
all the skinners were to be laid off.
Bill Brown ordered Wagner
to leave the property at once, and kept him under strict surveillance
when he permitted him to enter the plant on pay day to receive his
final check.
Respondent continued to employ skinners after August
20, among them Willard Lyles, J. Senters, Marshall McClanahan and
Shorty Collins.
Spencer Blankenship,° a skilled squeezer molder of two years ex-
perience who had worked six days a week before attending the Union
meeting on August 16, was told on August 19 that his position was
to be given to Joe McClanahan, a workman of admittedly inferior
capacity to whom Blankenship had previously been preferred.
Re-
spondent fails to explain why of the ten molders doing comparable
work, Blankenship was eliminated or why Blankenship was not
detailed to other jobs which were then open.
Carl Lyles, a skilled molder of four years' standing,10 was replaced
on August 19 by Clyde Mowery, a pattern maker in the plant.
Mowery was subsequently returned to the pattern job and Lyles'
• Ray earned $30 a week.
7 Cross earned about $12 a week in August.
"Wagner earned , al out $20 to $25 a week.
Blakenship's earnings were $22 to $23 a week.
10 Lyles' wages averaged about $22 a week.
5727-37-vol a-7
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NATIONAL LABOR RELATIONS BOARD
place was taken, by Lem Banks, an old employee of such inferior
skill that he was later removed and the position given to another
molder.
As in the case of the others , Lyles failed to get any skinning
work whatever and was shortly thereafter ordered to keep away from
the foundry .
Since respondent observed no rules of seniority, and
conceded that Lyles was an excellent workman, its choice of Lyles for
dismissal out of the six or eight .bench molders producing the same
product is not satisfactorily explained by the alleged projected
decrease of production.
'Although the organization of respondent 's plan was such that
Andrews (or his sub-foremen when he was absent ) had complete right
to hire and discharge , Andrews and the foremen -sent the Union
men to Walden, the production manager , when they applied for
reinstatement , saying that they would be glad to give them work
if the office permitted it.
Their applications to Walden were met,
with the statements , "We do not need any men", or, "Why did you
join up with the Union?"
At a meeting of the Union on August 23, after the discharges, offi-
cials of respondent and of the Dixie Foundry were again conspicu-
ously in evidence about the building.
Later Union meetings were
secret.
Respondent declares that after the passage of the National Labor
Relations Act, its labor policy was changed to conform to the law;
that the presence of its officials in the vicinity of Union meetings
was accidental ; and that . the men here in question were laid off
because of an impending reduction in production.
In support of the contention that its anti -Union policy was modi-
fied by the requirements of the Act, respondent adduced evidence
that Mr. Hurt requested Mr. Walden and Mr. Andrews to read the
Act carefully and to abide by it.
There is no evidence that re-
spondent posted notices or announced publicly that it would not
interfere with a union in the foundry .
On the contrary it is appar-
ent from the evidence of the sub -foremen's warnings to the men
during this period that they shared with the employees the impres-
sion that Union activities were ,still an invitation to dismissal. It
is obvious that respondent's•ifailure to communicate its change of
policy to its workers encouraged them in the belief that it would
employ against unionism the measures that had proved so effective
in the past.
Under these circumstances neglect in assuring the men
that their rights under the law will be observed necessarily subjects
them to anxiety which is as cramping to effective action as open
intimidation and discrimination .
We incline to the view that respond-
ent cultivated and was content to profit by this fear on the part
of its employees.
DECISIONS AND ORDERS
85
Similarly unconvincing is responden's attempt to show that the
presence of several of its officials outside the hall on the three occa-
sions on which the Union held open meeting was fortuitous.
As-
suming the reality of the initial coincidence we believe that a proper
regard for the rights guaranteed employees by the Act would have
prompted respondent's officers to take precautions to permit no
misunderstanding of their position.
No over subtle analysis is re-
quired for comprehension of the fact that in the light of respondent's
anti-Union record, the foregathering in front of the hall of a group
of its officials would powerfully recall the experience of 1926-1927
and would suggest that the price of unionism was still the employees'
jobs.
Respondent may not disclaim foresight of the normal and
inevitable effects of its behavior.
The continued appearance of
respondent's officers at the second and third meetings permits no
doubt that respondent intended the result obtained; that is, the
destruction of the growing Union movement in its foundry.
The evidence submitted in support of the contention that the
eight men named in the complaint were laid off temporarily because
of a reduction of production in August does not improve respondent's.
position.
The record of good castings produced weekly from August
3, 1935, to February 22, 1936, brought in by respondent fails to
establish a material curtailment of operations during and immedi-
ately following the weeks in which the employees here in question
were laid off.
Throughout August, September and October, the
foundry ran six days a week for the usual number of hours, and
the widest fluctuation during August was between the figures of
398,725 pounds (to August 17) and 363,435 pounds (to August 31).
In September production remained but slightly lower than that of
August; castings in October were almost as many as in August; in
the beginning of November the maximum output of the entire period
from August to January was obtained. It was not until November
that the marked slump to which respondent refers occurred; the
lowest point was reached in December.
Moreover, some doubt of
the accuracy of using the amount of,good castings to determine out-
put for a given period was expressed at the hearing by respondent's
officials. themselves.. Andrews testified that fluctuation in the number
of good castings might reflect the fact that extremely light or heavy
work was being done that week, rather 'than a difference in total
production or total number of men employed. In the, same way, if
the cleaning room got behind in its work, one week and caught up
the following week, those castings would be reflected in the number
of castings credited to the following week. In addition, some types
of work involve a• greater proportion of "discounts" (work which
must be re-done) and production of good castings would accordingly
be smaller despite the presence of as many molders in the plant.
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NATIONAL LABOR RELATIONS BOARD
Andrews admitted that most of the discrepancies in production in
August might be explained in large part by the factors vitiating the
accuracy of good castings as an index of production.
The number of men laid off and taken on during August, Septem-
ber and October similarly fails to support respondent's allegation
that a substantial decrease of force occurred at or about the time the
Union men were dismissed.
Andrews admitted at the hearing that
respondent employed between 180 and 200 men in the molding de-
partment in September as against approximately 150 in August.
Irrespective of the circumstances under which they were "laid off",
respondent's failure to reemploy the eight men here in question
despite their applications for reinstatement, when these substantial
additions'in force were made, indicates that their original dismissal
was not and is not to be assigned to reduction in force.
We are not
persuaded that this inference is false by the fact that besides those
named in the complaint, Johnny Kerr, Blanco Wooden, Edward
Boling, Sam Blair, James Coffee, John W. Daley, Willard Lyles,
Leonard Ogle, Curtis Wolfe and Sam Cornwall were also laid off in
August.
It will be noted that Kerr and Wooden had attended
Union meetings and applied for membership.
Willard Lyles was
incapacited for work in August because he was shot, and Sam Corn-
wall was out because of a burnt foot in the same month.
Andrews
testified that Edward Boling, who was discharged on, August 31, was
only a laborer and was never used unless respondent was extremely
'short of hands; that Sam Blair left on August 31 because he had a
job he could not snake; that James Coffee, who was laid off on August
10, was an inexperienced apprentice boy who was used only when
respondent was very busy ; that Leonard Ogle was not a good work-
man and that Willard Lyles was a good molder, but lazy. Point-
ing in the same direction is the fact that in spite of their deficiencies,
Blair, Coffee and Lyles, as well as Daley, all non-Union men, were
reemployed by respondent in September, while the Union men, whom
respondent's officials freely admitted to be of superior skill and ex-
perience, were not called back. In addition, during August, Sep-
tember and October, Bill Vaughn, Charlie Ernest, Roy Ryden and
Leamon Lee, all non-Union men who had never worked for respond-
ent or who had not worked for respondent for several _ years, were
hired.
Andrew's reply to the Trial Examiner's expression of sur-
prise that he deliberately passed over superior workers in favor of
admittedly unskilled men was that ability was not the only element
in question; the answer suggEsts the principle of selection which
led to the elimination of the Union men.
We note also that in the five
months between their discharge and the hearing respondent did
not afford the Union men the advantage of its policy of giving old
DECISIONS AND ORDERS
87
and experienced employees who have been out of work for a con-
siderable period temporary cat-skinning jobs in order to retain
their services.
Nor did respondent attempt to keep these men by
distributing the available work among them as well as the others
by reducing the number of hours or days in the work-week as it
had in the past, and as it did again in November and December,
1935.
The record abundantly establishes that after the passage of the
Act, as well as before, respondent sent spies to Union meetings ; that
it attempted to buy off Union men individually ; that it terrorized
would-be Union members by massing company officials in front of
the meeting halls.
Those who attended Union meetings respondent
demoted, discharged, refused to reinstate to employment, ejected
from company property and from company houses. As Commis-
sioner of Police, vice-president of the Merchant's Bank of Cleveland,
director of the Cleveland Chair Company, president of the Chero-
kee Hotel Company of Cleveland and close associate of the other
foundaries in Cleveland, C. L. Hardwick, president of respondent, is
a power in the community whose latent disapproval alone might
well deter a worker from asserting his rights.
The record shows
that C. L. Hardwick actively pursued the men here in question with
the reprisals which, as Commissioner of Police and intimate of the
other foundry operators in the town, he could easily command. The
emptiness of respondent's explanations in the face of examination
leaves only one inference to be drawn from these facts.
We find that respondent discharged from employment between
August 15 and August 19, and thereafter refused to 'reinstate Charlie
Wagner, Carl Lyles, Millard Sutton, Spencer Blankenship, Tom
Ray, Louis Dodd, Everett Cross and Garland Fullbright, and that
by each of said discharges respondent discriminated in regard to
hire and tenure of employment, and thereby discouraged member-
ship in the International Molders' Union of North America.
By
such acts, respondent interfered with, restrained and coerced its em-
ployees in the exercise of the rights guaranteed in Section 7 of the
Act.
The complaint alleges also a violation of Section 8, subdivision (2)
of the Act.
No evidence was introduced relating to this allegation;
it will therefore be dismissed.
III. EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
Interference with the activities of employees in forming or join-
ing labor organizations results' in strikes and other 'forms - of
industrial
unrest
which in the iron and steel manufacturing
.industries
have habitually resulted in impeding the movement
88
NATIONAL LABOR RELA']7ONS BOARD
of products in interstate commerce.
Thus, official statistics of
the United States Department of Labor on labor disputes in the
stove manufacturing industry indicate that 1934 and in January to
September, 1935, 4,797 men participated in strikes resulting in
147,424 man-days of idleness, of which a large proportion were the
outcome of difficulties in regard to,union recognition and discrimina-
tion for union activities.
The aforesaid acts of respondent have led and tend to lead to labor
disputes burdening and obstructing commerce and the free flow of
commerce.
CONCLUSIONS OF LAW
Upon the basis of the foregoing findings of fact and upon the en-
tire record in the proceeding the Board finds and concludes as a
matter of law :
(1) The International Molders' Union of North America is a labor
organization, within the meaning of Section 2, subdivision (5) of
the National Labor Relations Act.
(2) Respondent, by discriminating in regard to the hire and tenure
of employment of Charlie Wagner, Carl Lyles, Millard Sutton,
Spencer Blankenship, Tom Ray, Louis Dodd, Everett Cross and Gar-
land Fullbright, and each of them has engaged in and is engaging
in unfair labor practices, within the meaning of Section 8, subdivi-
sion (3) of the Act.
(3) Respondent, by interfering- with, restraining and coercing
its employees in the exercise of the rights guaranteed in Section 7
'of the Act, has engaged in and is engaging in unfair labor practices,
within the meaning of Section 8, subdivision (1) of the Act.
(4) Such unfair labor practices are unfair labor practices affect-
ing commerce, within the meaning of Section 2, subdivisions (6) and
(7) of the Act.
ORDER
On the basis of the findings of fact and conclusions of law and
pursuant to -Section 10,' subdivision (c) of the National Labor Rela-
tions Act, the National Labor Relations Board hereby orders that
respondent, Hardwick Stove Company, Incorporated, and its officers
and agents shall:
1. Cease and desist :
(a) From discouraging membership in the International Molders'
Union of North America, or in any other labor organization of its em-
ployees,' by discharging or threatening to discharge any of its em-
ployees for joining the International Molders' Union of North Amer-
ica, or any other labor organization of its employees ;
DECISIONS AND ORDERS
89
(b) From in any other manner discriminating against any of its
employees in regard to hire or tenure of employment or any term
or condition of employment for joining the International Molders'
Union of North America, or any other labor organization of its
.employees; and
"(c) From in any other manner interfering with, restraining or
coercing its employees in the exercise of their rights to self-organiza-
tion, 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 purpose 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 the Board finds
will effectuate the policies of the Act :
(a) Offer to Charlie Wagner, Carl Lyles, Millard Sutton, Spencer
Blankenship, Tom Ray, Louis Dodd, Everett Cross and Garland
Fullbright, immediate and full reinstatement, respectively, to their
former positions, without prejudice to any rights and privileges
previously enjoyed;
(b) Make whole said Charlie Wagner, Carl Lyles, Millard Sutton,
Spencer Blankenship, Tom Ray, Louis Dodd, Everett Cross and
Garland Fullbright for any loss of pay they have suffered by
-reason of their discharge by payment to each of them, respectively,
of a sum of money equal to that which each would normally have
earned as wages during the period from the date of his discharge
to the date of such offer of reinstatement, computed at the wage
rate each was paid at the time of his discharge, less the amount
earned subsequent to his discharge;
(c) Post immediately notices to its employees in conspicuous
places in its plant, stating (1) that respondent will cease and desist
in the manner aforesaid, and (2) that such notices will remain
posted for a period of at least thirty (30) consecutive days from the
date of posting.
It is further ordered that the allegation of the complaint that
respondent has engaged in and is engaging in unfair labor practices,
-within the meaning of Section 8, subdivision (2), is hereby dismissed.