Atlas Tack Corp.

In the Matter of ATLAS TACK CORPORATION and FABRICATED METAL WoRKERS' LOCAL INDUSTRIAL UNION No. 71, AFFILIATED WITH THE C. I. O. Case No. C-709.-Decided October 8, 1938 Hardware Manufacturing Industry-Settlement : stipulation providing for re- instatement and back pay and withdrawal of recognition of company -dominated union-Order : entered on stipulation-Discrimination : charges of, dismissed as to 8 employees. Mr. Bernard J. Donoghue, for the Board. Bingham, Dana c Gould, by Mr. Lawrence M. Lombard and Mr. John T. Hayes, of Boston, Mass., for the respondent. Mr. Liam Donlon, of Boston, Mass. , for the Union. Mr. Langdon West, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Fabricated Metal Workers' Local Industrial Union No. 71, affiliated with the C. I. 0.,. herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the First Region (Boston, Massachusetts), issued its complaint dated May 27, 1938,. against Atlas Tack Corporation, Fairhaven, Massachusetts, 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), (2), (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 and notice of hearing thereon were duly served on the respondent and the Union. The respondent did not file an answer to the complaint. Concerning the unfair labor practices the complaint alleged, in substance, that the respondent dominated and interfered with the formation of two labor organizations among its employees known as Employee's Metal Workers Association of the Atlas Tack Corpo- ration and Atlas Employee's Association, respectively; that although the Union was the representative for the purpose of collective bargain- 9 N. L. R. B., No. 18. 107 108 NATIONAL LABOR RELATIONS BOARD ing of a majority of the respondent's employees in an appropriate unit, the respondent refused to bargain collectively with it as the exclusive representative of its employees ; that the respondent termi- nated the employment of 35 named employees and` refused to rein- state 32 of them, because they engaged in activities for the Union; and that the respondent, by threats and acts of intimidation, re- strained, coerced, and interfered with its employees in the exercise of their rights guaranteed in Section 7 of the Act. On June 14, 1938, the Regional Director notified the respondent and the Union that the hearing had been postponed indefinitely. On June 23, 1938, the respondent, the Union, and counsel for the Board entered into a stipulation in which the respondent waived a hearing and agreed to the facts concerning the nature and scope of its business and the terms of- an order which the Board could enter in the case upon its approval of the stipulation. This stipula- tion provides as follows : Upon charges duly filed by the Fabricated Metal Workers' Local Industrial Union No. 71,1affiliated with the Committee for Industrial Organization, (hereinafter called the Union) 73 Tremont Street, Boston, Massachusetts , by Michael F. Widman, Jr., accredited agent and, representative of said Union, for this purpose, A. Howard Myers, Regional Director of the National Labor Relations Board, (hereinafter called N. L. R. B.) acting pursuant to authority granted in Section 10. (b) of the National Labor Relations Act, approved July 5, .1935, (hereinafter called the Act) and acting pursuant'to its Rules and Regulations, Series 1, as amended, issued' its Complaint and Notice of Hearing on the 27th day of May, 1938, against "the Atlas Tack Corporation, Fairhaven, Massachusetts, hereinafter called the Respondent. The Charge as Amended, Complaint, Notice of Hearing, and a copy of the Rules and Regulations of the N. L. R. B., Series 1, as amended April 27, 193`6, were duly served upon'the Respond- ent and upon the Union on the 28th day of May, 1938, in accord- ance with said Rules , and Regulations, which hearing was to begin at 9: 30 A. M. on June 16, 1938, in the Civil Service Room, U. S. Post Office Building, New Bedford, Massachusetts. It is hereby stipulated and agreed by and between the Re- spondent, the Union and Bernard J. Donoghue, attorney for the N. L. R. B. as follows : 1. The Respondent is and has been since January 30, 1920, a corporation organized under and existing by virtue of the laws of the State of New York, and registered or licensed to do busi- ness in The Commonwealth of Massachusetts on March 120920, having its principal office and place of business in the Town of DECISIONS' AND ORDERS 109- Fairhaven, County of Bristol, Commonwealth of Massachusetts, and is now and has continuously been engaged in the operation of a plant in the Town of Fairhaven, County of Bristol, Com- monwealth of Massachusetts, in the manufacture and sale of a general line of tacks, small nails, rivets, burrs, eyelets, metal buttons, bottle caps and other products. 2. The Respondent in the course and conduct of its business and in the operation of its Fairhaven Plant causes and has con- tinuously caused large quantities of wire, sheet metal, copper, steel, wood, paper, felt, leather, coal, lard oil, cutting oil, brass, aluminum, paints, varnishes, shellac, enamel, and other materials and products used by it in the manufacture of its finished prod- ucts to be purchased and transported in interstate and foreign commerce from and through states of the United States other than The Commonwealth of Massachusetts, including particu- larly: New York, Illinois, Ohio, West Virginia, Connecticut, Rhode Island and New Jersey, to the Fairhaven Plant in The Commonwealth of Massachusetts, and causes and has continu- "ously caused large quantities of its finished products, including shoe eyelets; fuse plug rivets, clothing buttons, crowns or bottle 'caps, nails, rivets, burrs, shoe hooks, staples, tacks, tufting but- tons, furniture nails, paper and wood boxes, and miscellaneous items manufactured and produced by, Respondent to be sold, transported and distributed in interstate and foreign commerce from the Fairhaven Plant in The Commonwealth of Massachu- setts, to, into and through states of the United States other than The Commonwealth of Massachusetts, including particularly New York, Mississippi, Pennsylvania, Illinois and Ohio, and to, into and through foreign countries, including Cuba, Argentina, Brazil, South Africa and England. 3. The-Respondent maintains branch factories in Waterbury, Connecticut, and Cleveland, Ohio, and branch-offices in Chicago, Illinois, Cleveland, Ohio, New York City, Waterbury, Connecti- cut, and Detroit, Michigan, and has representatives in many other of the principal cities of the United States. The Respond- ent has an export office located at New York City. During the calendar year ending December 31, 1937, the net sales of the Respondent amounted to $2,005,093.48 and the cost of goods sold for the same period was $1,466,270.48. During this period ap- proximately 95 per cent of the raw materials used at the Fair- haven Plant of the Respondent were received or imported from states other than Massachusetts or from foreign countries and approximately 87 per cent of the products of the Fairhaven Plant of the Respondent were exported or sent out of Massa- 110 NATIONAL LABOR RELATIONS, BOARD chusetts to other states or foreign countries. The Respondent admits that it is engaged in interstate commerce and agrees not to contest the jurisdiction of the N. L. R. B. in this proceeding. 4. The Union is a labor organization as defined in Section 2, subsection (5) of the Act. 5. The respondent and its officers, agents, successors and as- signs shall: (a) Not discourage membership in the Fabricated Metal Workers' Local Industrial Union No. 71, affiliated with the C. I. O. or any other labor organization of its employees by discrimination in regard to hire or tenure of employment. (b) Not in any manner interfere with, restrain or coerce its employees in the exercise of their rights to self organization, to form, to 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, as guaranteed in Section 7 of the Act. (c) At no time recognize the Employees Metal Workers Asso- ciation of the.Atlas Tack Corporation or the Atlas Employee's Association as labor organizations as said term is defined in the Act. (It is understood, however, the Respondent may recognize the Atlas Employee's Association as a purely social organization.) (d) Offer to re-employ immediately the following employees without loss of seniority : William Durfee Lionel Beaupre Albert DeForge Arnold Sylvia Manuel DeTerra Alfred Foisy Sarah LeBaron George Rebello Mary Gloria Maisie Ellis Alexander LeBoeuf Rose Westgate A. J. Pacheco Henry Roderick Joseph Amaral Thomas St.Germain Albert Pflug Maurice Langevin It is understood that, in so, far as business conditions warrant either at the present time or in the future, such persons shall be reinstated to their former positions, but where business con- ditions do not warrant, such persons shall be employed in any of the departments of the Respondent's operations at the Fair- haven Plant where work is available without prejudice to their seniority or other rights and privileges until such time as they can be reinstated to their former positions. All such persons DECISIONS AND ORDERS 111 shall be paid at the rate prevailing for the work which they are employed to perform. (e) Pay immediately either directly or through the Regional Director of the N. L. R. B. at Boston to the following persons as back pay the sums of money indicated opposite their respective names : Louis Manganelli_____ $60.00 Rose Westgate-------- $60.00 William Mitchell----- 170.00 A. J. Pacheco --------- 75.00 William Smith_______ 60.00 Henry Roderick------- 75 00 William Durfee______ 75.00 Joseph Amaral________ 75.00 Lionel Beaupre_______ 75.00 Thomas St Germain___ 75.00 Albert DeForge______ 75.00 Albert Pflug ---------- 75.00 Arnold Sylvia________ 75.00 Maurice Langevin ----- 75 00 Manuel DeTerra_____ 75.00 Norman Morse -------- 75.00 Alfred Foisy_________ 75.00 Ada Pittsley__________ 60.00 Sarah LeBaron______ 60.00 Arthur Rishton_______ 75L 00 George Rebello_______ 75.00 Ernest Camara_______ 75.00 Mary Gloria_________ 60.00 Eliseo Albertini______- 75.00 Maisie Ellis__________ 60.00 Ella Denham_________ 60.00 Alexander LeBoeuf___ 75.00 (f) Offer to re-employ when work is available, on a preferen- tial basis, the following : Norman Morse Ernest Camara Ada Pittsley Eliseo Albertini Arthur Rishton Ella Denham It is understood that the Respondent shall, when and if such work becomes available, give preference to said persons in call- ing back employees to their former positions or to other posi- tions which in the judgment of the Respondent any of said per- sons (not already reemployed by the Respondent) are capable of performing until such time as they can be reinstated to their former positions, said persons, when so employed, to be paid at the prevailing rate for the work which they are employed to perform. (g) Recognize the Union as the sole bargaining agent and ex- clusive representative of all employees of the Respondent at the Fairhaven Plant, except executives, office workers, supervisory employees and tack makers (hereinafter called the Unit) for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act, and reduce to writing and sign any and all understandings reached by and between the Respondent and the Union in negotiations in regard to wages, hours, working conditions and other conditions of employment. (h) Immediately post notices, signed for and in behalf of the Respondent by its duly authorized officer or agent, in con- 112 NATIONAL LABOR RELATIONS BOARD spicuous places throughout Respondent's plant, and maintain such notices for a period of 30 consecutive days, incorporating paragraph' 5 (a), (b) and (c) hereof, and shall notify the Re- gional Director, N. L. R. B., at.Boston, Massachusetts, in writ- ing within 40 days.from this date of its compliance with this Stipulation and Agreement. 6. Respondent and the Union waive all rights to a hearing as set forth in Sections 10 (b) and (c) of the Act. .7. This Stipulation, along with the Charge as Amended, Complaint, Notice of Hearing, Rules and Regulations of the N. L. R. B. may be introduced as evidence by filing them with the Chief Trial Examiner of the N. L. R. B. in Washington, D. C. 8. Upon this Stipulation, if approved by the N. L. R. B., an order may forthwith be entered by said N. L. R. B. and by the appropriate Circuit Court of Appeals waiving further notice of the application therefor, and waiving all rights under Section 10 (f) of the Act, incorporating the terms of Paragraph 5, sub- paragraphs (a), (b), (c), (d), (e), (f), (g) and (h) hereof. On June 27, 1938, the Board issued its order approving the said stipulation and transferring the case to the Board for the purpose of entry of a decision and order by the Board pursuant to the said stipulation. - On June 28, 1938, pursuant to the terms of the stipulation, copies of the stipulation, the charge, as amended, the complaint, notice of hearing, National Labor Relations Board Rules and Regulations- Series 1, as amended, were made part of the record in the case by being filed with the Chief Trial Examiner of the Board at Washing- ton, D. C. As the stipulation made no provision for the disposition of the cases, of Earl Robinson, Frank DeSouza, Joseph Hickman, George Barrett, Winifred Andrews, Bernard Schatz, John Haywood, and Laura Correia, the complaint, in' so far as it relates to them, will be dismissed. Upon the entire record in the case the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent is a New York - corporation, having its principal office and place of business in Fairhaven, Massachusetts. It is en- gaged in the manufacture and sale of a general line of tacks, small nails, rivets, burrs, eyelets, metal buttons, and bottle caps. The re- spondent maintains branch factories in Waterbury, Connecticut, and Cleveland, Ohio. DECISIONS AND ORDERS 113; The principal raw materials used by the respondent in its opera- tions at the Fairhaven Plant are wire, sheet metal, copper, steel, wood, paper felt, leather, coal, lard oil, cutting oil, brass, aluminum,. paints, varnishes, shellac, and enamel. During the year 1937, about 95 per cent of these materials were shipped to the respondent's plant from points outside the State of Massachusetts. During the same- year the respondent's net sales amounted to $2,005,093.48 and the' cost of the goods sold was $1,466,270.48. During the same year about 87 per cent of the finished products of the Fairhaven Plant were- shipped to States other than the State of Massachusetts and to- foreign countries. We find that the operations of the respondent at its Fairhaven,. Massachusetts Plant constitute a continuous flow of trade, traffic, and, commerce among the several States and with foreign countries. II. THE UNION Fabricated Metal Workers' Local Industrial Union No. 71, affili- ated with the Committee for Industrial Organization, is a labor- organization admitting to membership employees of the respondent at its Fairhaven, Massachusetts, Plant. III. THE APPROPRIATE UNIT We find that all employees of the respondent at the Fairhaven Plant, except executives, supervisory employees, and tack makers,, constitute a unit appropriate for the purposes of collective bargain- ing, and that such unit insures to the employees the full benefit of their right to self-organization and collective bargaining and other- wise effectuates the policies of the Act. _ IV. REPRESENTATION OF THE MAJORITY WITHIN THE APPROPRIATE UNIT We find that on June 17, 1937, a majority of the employees in the appropriate unit designated the Union as their representative for the purposes of collective bargaining with the respondent; and that on that date and at all times thereafter, the Union was the representative for the purposes of collective bargaining of a majority of the re- spondent's employees in the appropriate unit. By virtue of Section 9 (a) of the Act, therefore, the Union was the exclusive representative of all the respondent's employees in the said unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of em- ployment, and other conditions of employment. 114 NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the above findings of fact and stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the Na- tional Labor Relations Act, the National . Labor Relations Board hereby orders that Atlas Tack Corporation, Fairhaven, Massachusetts, and its officers, agents, successors, and assigns shall : (a) Not discourage membership in the Fabricated Metal Workers' Local Industrial Union No. 71, affiliated with the C. I. 0., or any other labor organization of its employees by discrimination in regard to hire or tenure of employment; - (b) Not in any manner interfere with, restrain, or coerce its em- ployees in the exercise of their rights to self-organization, to form, to 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; (c) At no time recognize the Employee's Metal Workers Associa- tion of the Atlas Tack Corporation or the Atlas Employee's Asso- ciation as labor organizations as said term is defined in the Act; (d) Offer to reemploy immediately the following employees with- out loss of seniority : William Durfee Maisie Ellis Lionel Beaupre Alexander LeBoeuf Albert DeForge Rose Westgate Arnold Sylvia A. J. Pacheco Manuel DeTerra Henry Roderick Alfred Foisy Joseph Amaral Sarah LeBaron Thomas St.Germain George Rebello Albert Pflug Mary Gloria Maurice Langevin In so far as business conditions warrant either at the present time or in the future, such persons shall be reinstated to their former posi- tions, but where business conditions do not warrant, such persons shall be employed in any of the departments of the respondent's operations at the, Fairhaven plant where work is available without prejudice to their seniority or other rights and privileges until such time as they can be reinstated to their former positions. All such persons shall be paid at the rate prevailing for the work which they are employed to perform; DECISIONS AND ORDERS 115 (e) Pay immediately either directly or through the Regional Di- rector of the Board at Boston, Massachusetts, to the following per- sons as back pay the sums of money indicated opposite their respec- tive names : Louis Manganelli_________ $60.00 Rose Westgate -------- $60. 00 William Mitchell ---------- 170. 00 A. J Pacheco --------- 75.00 William Smith ------------ 60.00 Henry Roderick ------- 75 00 William Durfee----------- 75 00 Joseph Amaral________ 75.00 Lionel Beaupre___________ 75. 00 Thomas St Germain___ 75. 00 Albert DeForge----------- 75.00 Albert Pflug ---------- 75.00 Arnold Sylvia ------------- 75.00 Maurice Langevin_____ 75. 00 Manuel DeTerra---------- 75.00 Norman Morse -------- 75 00 Alfred Foisy-------------- 75.00 Ada Pittsley ----------- 60 00 Sarah LeBaron ----------- 60. 00 Arthur Rishton_______ 7a 00 George Rebello------------ 75.00 Ernest Camara_______ 75.00 Mary Gloria______________ 00 00 Elisco Albertini_______ 75 00 Maisie Ellis______________ 60.00 Ella Denham--------- 60.00 Alexander LeBoeuf_______ 75.00 (f) Offer to reemploy when work is available, on a preferential basis, the following : Norman Morse Ernest Camara Ada Pittsley Elisco Albertini Arthur Rishton Ella Denham The respondent shall, when and if such work becomes available, give preference to said persons in calling back employees to their former positions or to other positions which in the judgment of the respond- ent any of said persons (not already reemployed by the respondent) are capable of performing until such time as they can be reinstated to their 'former 'positions, said persons, when so employed, to be paid at the prevailing rate for the work which they are employed to perform ; (g) Upon request recognize the Union as the sole bargaining agent and exclusive representative of all employees of the respondent at the Fairhaven plant, except executives, office workers, supervisory employees and tack makers for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act, and reduce to writ- ing and sign any and all understandings reached by and between the respondent and the Union in negotiations in regard to wages, hours, working conditions, and other conditions of employment; (h) Immediately post notices, signed for and in behalf of the respondent, by its duly authorized officer or agent, in conspicuous places throughout respondent's plant, and maintain such notices for a period of thirty (30) consecutive days, incorporating paragraph 5 (a), (b), and (c) hereof, and notify the Regional Director for the First Region (Boston, Massachusetts), in writing within ten (10) days from this date of its compliance with this order. 134068-39-vol Ix--9 116 NATIONAL LABOR RELATIONS BOARD And it is further ordered that the complaint, in so far as it per- tains to the cases of Earl Robinson, Frank DeSouza, Joseph Hick- man, George Barrett, Winifred Andrews, Bernard Schatz, John Haywood, and Laura Correia, be, and it hereby is, dismissed. MR. DONALD WAKEFIELD SMrrx took no part in the consideration of the above Decision and Order.