Moline Iron Works

In the Matter Of MOLINE IRON WORKS and AMALGAMATED ASSOCIATION OF IRON , STEEL AND TIN WORKERS OF NORTH AMERICA, LODGE 1449, BY & THROUGH SWOC, AFFILIATED WITH C. I. O. Case No. C-602.-Decided November 7, 1988 Malleable Iron Products Manufacturing Industry-Settlement: stipulation, pro- viding for reinstatement, preferential employment list, back pay, and recognition of union-Order: entered on stipulation. Mr. Jack G. Evans, for the Board. Sinnett cfi Britton, by Mr. Thomas P. Sinnett, and Mr. Jack Frank- lin, of Rock Island, Ill., for the respondent. Mr. Joseph Gernoucourt, of Rock Island, Ill., for the Union. Mr. Langdon West, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASH Upon a charge and two amended charges duly filed by Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge 1449, herein called the Union, by and through Steel Workers Or- ganizing Committee, affiliated with the Committee for Industrial Organization, the National Labor Relations Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chi- cago, Illinois), issued its complaint dated March 14, 1938, against Moline Iron Works, Moline, Illinois, herein called the respondent, alleging that the respondent had engaged in and was engaging in un- fair labor practices affecting commerce within the meaning of Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. The complaint and accompanying notice of hearing were duly served upon the parties. Concerning the unfair labor practices, the complaint alleged, in substance, that the respondent refused to bargain collectively with the Union as the exclusive representative of the respondent's employees; that, following a strike of the respondent's employees brought about by the respondent's aforesaid refusal to bargain collectively with the Union, the respondent terminated the employment of and refused to reinstate 36 named employees, because they joined and assisted the Union and engaged in concerted activities for the purposes of collec- tive bargaining and other mutual aid and protection; and that the re- 9 N. L. R. B., No. 61. 664 DECISIONS AND ORDERS 665 spondent, by all the acts mentioned above, and by disseminating anti- union propaganda among its employees, interfered with, restrained, and coerced its employees in the exercise of their rights guaranteed in Section 7 of the Act. On March 17, 1938, the respondent filed its answer to the complaint, in which it admitted the allegations concern- ing the nature and scope of its business and denied those concerning the alleged unfair labor practices. On March 19, 1938, the Regional Director for the Thirteenth Re- gion denied the respondent's motion, filed on the same date, for a continuance of the hearing. Pursuant to notice, a hearing was held on March 21, 22, and 23, 1938, at Moline, Illinois, before Conn Cohalan, the Trial Examiner duly designated by the Board. All parties participated in the hear- ing, the Board and the respondent being represented by counsel, and the Union by its organizer. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. On March 21, 1938, counsel for the Board and counsel for the respondent entered into a stipulation concerning the nature and scope of the respondent's business. On March 23, 1938, the respondent, by counsel, the Union, through its representative, and counsel for the Board entered into a stipulation in settlement of the case, in which the respondent agreed to the finding of certain facts and the entry of a consent order by the Board, upon its approval of the stipulation. Both stipulations were received in evidence at the hearing without objection. On the same date, at the hearing, counsel for the Board, counsel for the respondent and the Union's representative also entered into an oral stipulation which provided that upon the completion of a written stipulation pertaining to seniority, reinstatement, and back pay of certain employees, the said written stipulation was to become part of the record. The hearing was then closed. On April 20, 1938, pursuant to the said oral stipulation, the said written stipulation was entered into by the parties and became part of the record. On May 17, 1938, pursuant to Article II, Section 37, of National Labor Relations Board Rules and Regulations-Series 1, as amended, the proceeding was duly transferred to the Board. On September 23, 1938, the parties entered into a new stipulation correcting the prior stipulations. This stipulation provides as fol- lows : It is hereby stipulated and agreed by and between Moline Iron Works, hereinafter called the respondent, Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodge 1449, by and through Steel Workers Organizing Commit- tee, affiliated with Committee for Industrial Organization, here- 666 NATIONAL LABOR RELATIONS BOARD inafter called the union, and Jack G. Evans, Attorney, National Labor Relations Board, that : 1. Upon charges duly filed by the union, through John J. Brownlee, an accredited agent and representative of the union for this purpose, the Board, by Leonard C. Bajork, Regional Director, for the Thirteenth Region, (Chicago, Illinois), 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 3, and Article II, Section 23, of the National Labor Relations Board Rules and Regulations, Series 1, as amended, duly issued a Complaint and Notice of Hearing thereon on March 14, 1938, against the respondent. The Complaint, Notice of Hearing thereon, the Second Amended Charges, and a copy of National Labor Relations Board Rules and Regulations, Series 1, as amended, were duly served upon the respondent and the union. A hearing in the above matter was scheduled and convened at 10: 00 A. M. on March 21, 1938, in the City Hall, City of Moline, State of Illinois, at which time the hearing was adjourned to March 22 for purposes of negotiat- ing this stipulation. On March 22 a further adjournment was taken to March 23 for the same reason. 2. The respondent is now and has been since August 20, 1919, a corporation organized and existing under and by virtue of the laws of the State of Illinois, having its principal office and place of business in the City of Moline, County of Rock Island, State of Illinois, and is now and has continuously been engaged at its plant at Moline, Illinois, in the manufacture, sale, and distribu- tion of malleable iron products for plows, washers, castings, and foundry molding machines, saddlery and wagon hardware, auto accessories, utility kitchen products, and brass and aluminum patterns. The respondent in the course and conduct of its business operates three plants in Moline, Illinois, hereinafter collectively referred to as the plant, for the purposes of manufacturing malleable iron products, receiving, storing, and shipping said products. Respondent maintains sales representatives at Moline, Illinois; Nashville and Memphis, Tennessee; Dallas, Texas; Den- ver, Colorado; Los Angeles and San Francisco, California; Port- land, Oregon; and Seattle, Washington. 3. The respondent admits that it is engaged in interstate com- merce within the meaning of the Act. Raw materials pur- chased by respondent in the operation of its plant (during the year 1937) are as follows : 8500 tons of pig iron valued at about $210,000.00; scrap iron, two carloads; rolled strip steel, one car- load; ten barrels of enamels, 8500 tons of coal valued at about E)ECISTONS AND ORDER S 667 $50,000.00 for annealing and melting, and about 500 tons of coal for ordinary heating purposes; and other metals as tin, cadmium, nickel, copper, brass, and aluminum in small quantities. Ap- proximately 75% of the purchases of raw materials made by respondent during the year 1937 were shipped from points in the States of Minnesota, Missouri, Kentucky, Indiana, Ohio, and Pennsylvania to the plant at Moline, Illinois. Finished products sold and distributed by respondent during the year 1937 are as follows : 8200 tons of products valued at approximately $1,250,- 000.00 manufactured from over 3000 patterns, most of which are owned by the customers, were sold and distributed to over 500 customers principally in the railroad car and farm implement industries. Approximately 67% of the products manufactured by respondent at the plant during the year 1937 were shipped from the plant at Moline, Illinois, to States of the United States, other than. Illinois. Shipments of materials to and from the plant at Moline, Illinois, are made by rail and truck. 4. The union is a labor organization as defined in Section 2, Subdivision (5) of the Act. 5. A unit consisting of the piece rate and hourly paid produc- tion and maintenance employees, excluding office, clerical, watchmen, and supervisory employees, hereinafter called the unit, would insure to the employees the full benefit of their right to self-organization and would otherwise effectuate the policies of the Act, and is a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act. 6 On May 27, 1937, and at all times thereafter a majority of the employees in the unit designated the union as its representa- tive for the purposes of collective bargaining with respondent and since May 27, 1937, the union has been the exclusive representa- tive of all the employees in the unit by virtue of Section 9 (a) of the Act for the purposes of collective bargaining with re- spondent in respect to rates of pay, wages, hours of employment and other conditions of employment. 7. Upon the basis of the entire record in this matter and this Stipulation and Agreement, if approved by the National Labor Relations Board, hereinafter called the Board, an order may forthwith be entered by the Board, and by the appropriate Cir- cuit Court of Appeals, respondent expressly waiving further notice of the application by the Board to said Court for an enforcement order, providing as follows : (1) Respondent, its officers, agents, successors and assigns, shall cease and desist from : (a) In any manner interfering with, restraining or (coercing its employees in the exercise of their rights to self-organiza- 668 NATIONAL LABOR RELATIONS BOARD tion,, to form, 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 and other mutual aid or protection, as guaranteed in- Section 7 of the' Act; (b) Discouraging membership in Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodge 1449, or any other labor organization of its employees, by discharg- ing and refusing to reinstate employees, or otherwise discrim- inating in regard to hire and tenure of employment or any term or condition of employment ; (c) Refusing to bargain collectively with Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodge 1449, or its representatives as the exclusive representa- tive of all its piece rate and hourly paid production and maintenance employees, excluding office, clerical, watchmen, and supervisory employees. (2) Respondent shall take the following affirmative action to effectuate the policies of the National Labor Relations Act: (a) Upon request, bargain collectively with the Amalga- mated Association of Iron, Steel & Tin Workers of North America, Lodge 1449, or its representative, as the exclusive representative of the piece rate and hourly paid production and maintenance employees, excluding office, clerical, watch- .men, and supervisory employees; (b) Offer to Julius Blair, Peter Calos, Mrs. Emma Dearth, Ben De Ness, Tryphon De Volder, Alice Dufour (nee Vers- lius), Thomas Hasiotis, Harry Hoteling, (erroneously referred to in Second Amended Charge and Complaint herein as Harry Noteling), C. F. Hovey, Leona Neels, Nina Nelson, Peter Pis- man, (erroneously referred to in Second Amended Charge and Complaint herein as Peter Pismau), Joseph Sutter, and Ray Van Dewalle, immediate reinstatement to their former positions of employment without prejudice to their seniority and-other rights and privileges ; (c) Place Joseph Cecil, John W. Davis, Alphonse DuPont, Fred Eberhardt, Howard H. Edwards, Tony Eliyopoulos, Amos Evans, Guy Hesseltine, Homer Heyvaert, John Jordan, Pruden Kamsen, Gus Mantus, Donald Maring, Henry Montgomery, George L. Morse, George Nicholson, John O'Brien, (erroneously referred to in Second Amended Charge and Complaint herein as John O'Brian), Gerard Onderbeke, Charles E. Palmer, Lloyd Seefeldt, Harvey Smith, and Geo. Yenovkian, upon a preferential list of employment for rein- -DECISION S AND ORDERS 669 statement to their former positions without prejudice to their seniority and other rights and privileges ; (d) Make whole the following persons by payment to each of them the sums appearing after their names , respectively : Julius Blair------------------------------------------------- $22.27 Joseph Cecil------------------------------------------------- 81.65 Mrs. Emma Dearth------------------------------------------ 80.49 Ben De Ness------------------------------------------------ 182.12 Tryphon De Voider------------------------------------------ 67.37 Alphonse Du Pont-------------------------------------------- 145.50 Alice Defour (nee Verslius) ---------------------------------- 116.72 Fred Eberhardt---------------------------------------------- 44 95 Howard H. Edwards----------------------------------------- 149.29 Tony Eliyopoulos--------------------------------------------- 132.58 Amos Evans------------------------------------------------- 83.85 Thomas Hasiotis--------------------------------------------- 86.28 Homer Heyvaert--------------------------------------------- 81.92 Harry Hoteling---------------------------------------------- 47.22 C. F. Hovey-------------------------------------------------- 107.16 Pruden Kamsen---------------------------------------------- 10.06 Gus Mantus -------------------------------------------------- 100.27 Donald Maring---------------------------------------------- 35.97 Henry Montgomery------------------------------------------- 71.08 George L. Morse--------------------------------------------- 82.92 Leona Neels------------------------------------------------- 150.281 Nina Nelson------------------------------------------------- 164.33 George Nicholson--------------------------------------------- 75.49 John O'Brien------------------------------------------------ 77.57 Gerard Onderbeke-------------------------------------------- 17.77 Peter Pisman------------------------------------------------ 124.48 Lloyd Seefeldt----------------------------------------------- 89.30 Harvey Smith------------------------------------------------ 112.06 Joseph Sutter------------------------------------------------ 58.66 Ray Van Dewalle-------------------------------------------- 97.51 Geo. Yenovkian---------------------------------------------- 53.46 (e) Post and keep visible in prominent places in each of the plants of respondent for a period of thirty days, copies of the order of the Board to be entered hereon. 8. The respondent waives its right'to hearing as set forth in Section 10 (b) and (c) of the Act. This Stipulation and Agreement, together with the Complaint, Notice of Hearing, Affidavits of Service, Second Amended Charges, Motions, Orders, Answer to Complaint, Order Appointing Trial Examiner, Na- tional Labor Relations Board Rules and Regulations, Series 1, as amended, and Transcript of Proceedings may be introduced as evidence by filing them with the Chief Trial Examiner of the Board at Washington, D. C. IN WITNESS WHEREOF', the parties hereto have set their hands and seals on this 23rd day of September A. D. 1938. 670 NATIONAL LABOR RELATIONS BOARD On October 7, 1938, the Board issued its order approving the above stipulation and making it part of the record in the case. Upon the entire record in the case , the Board makes the following : FINDINGS OF FACT 1. RESPONDENT AND ITS BUSINESS The respondent is an Illinois corporation with its principal office and place of business in Moline, Illinois. It is engaged in the man- ufacture, sale, and distribution of malleable iron products for plows, washers, castings, foundry molding machines, saddlery and wagon hardware, auto accessories, and other similar products. The principal raw materials used in the production of these prod- ucts are pig and scrap iron, rolled stripped steel, enamels, and coal. Other minerals used in small quantities include tin, cadmium, nickel, copper, aluminum, and brass. During the year 1937, 75 per cent of these raw materials were shipped to the respondent's Moline plants from points outside the State of Illinois. During the same year the respondent produced and sold 8,200 tons of finished prod- ucts, valued at $1,250,000. About 67 per cent of the products are shipped from the Moline plants to points outside the State of Illinois. More than 500 employees, including production, maintenance, of- fice and supervisory employees, work at the respondent's three Moline plants. We find that the aforesaid operations constitute a continuous flow of trade, traffic, and commerce among the several States. H. THE UNION Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge 1449, affiliated with the Steel Workers Or- ganizing Committee of the Committee for Industrial Organization, is a labor organization, admitting to membership the respondent's production and maintenance employees, paid on a piece-rate and hourly basis, -exclusive of office, clerical, and supervisory employees and watchmen. III. THE APPROPRIATE UNIT We find that the production and maintenance employees, paid on a piece-rate and hourly basis, exclusive of office, clerical, and super- visory employees and watchmen, constitute a unit appropriate for the purposes of collective bargaining, and that said unit insures to the employees the full benefit of their right to se'l'f-organization and collective bargaining, and otherwise effectuates the policies of the Act. DECISIONS AN]) OIWEES 671 IV. REPRESENTATION OF A MAJORITY WITHIN THE APPROPRIATE UNIT We find that on May 27, 1937, and at all times thereafter, the Union was the duly designated representative of the majority of the employees in the appropriate unit. By virtue of Section 9 (a) of the Act, therefore, it was the exclusive representative of all the em- ployees in such unit for purposes of collective bargaining in respect of rates of pay, wages, hours of employment and other conditions of employment. ORDER Upon the basis of the above findings of fact and stipulation, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Moline Iron Works, Moline, Illinois, and its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) In any manner interfering with, restraining or coercing its employees in the exercise of their rights to self-organization, to form, 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 and other mutual aid or protection, as guaranteed in Section 7 of the Act; (b) Discouraging membership in Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge 1449, or any other labor organization of its employees, by discharging and re- fusing to reinstate employees, or otherwise discriminating in regard to hire and tenure of employment or any term or condition of employment ; (c) Refusing to bargain collectively with Amalgamated Associa- tion of Iron, Steel and Tin Workers of North America, Lodge 1449, or its representatives, as the exclusive representative of all its piece- rate and hourly paid production and maintenance employees, exclud- ing office, clerical, watchmen, and supervisory employees. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act: (a) Upon request, bargain collectively with the Amalgamated As- sociation of Iron, Steel and Tin Workers of North America, Lodge 1449, or its representative, as the exclusive representative of the piece- rate and hourly paid production and maintenance employees, exclud- ing office, clerical, watchmen, and supervisory employees; (b) Offer to Julius Blair, Peter Calos, Mrs. Emma Dearth, Ben De Ness, Tryphon De Volder, Alice Dufour (nee Verslius), Thomas Hasiotis, Harry Hoteling (erroneously referred to in second amended charge and complaint herein as Harry Noteling), C. F. Hovey, Leona Neels, Nina Nelson, Peter Pisman (erroneously referred to in second 672 NATIONAL LABOR RELATIONS BOARD amended charge and complaint herein as Peter Pismau ), Joseph Sut- ter, and Ray Van Dewalle immediate reinstatement to their former positions of employment without prejudice to their seniority and other rights and privileges; (c) Place Joseph Cecil, John W. Davis, Alphonse DuPont, Fred Eberhardt, Howard H. Edwards , Tony Eliyopoulos , Amos Evans, Guy Hesseltine, Homer Heyvaert, John Jordan, Pruden Kamsen, Gus Mantus, Donald Maring, Henry Montgomery, George L. Morse, George Nicholson , John O'Brien (erroneously referred to in second amended charge and complaint herein as John O'Brian) , Gerard Onderbeke, Charles E. Palmer, Lloyd Seefeldt, Harvey Smith, and Geo. Yenovkian, upon a preferential list of employment for reinstate- ment to their former positions without prejudice to their seniority and other rights and privileges; (d) Make whole the following persons by payment to each of them the sum appearing after his or her name , respectively : Julius Blair--------------------------------------------- $ 22.27 Joseph Cecil --------------------------------------------- 81.65 Mrs. Emma Dearth ------------------------------------- 80 49 Ben De Ness--------------------------------------------- 182.12 Tryphon De Volder-------------------------------------- 67.37 Alphonse DuPont-------------------- -------------------- 145.50 Alice Defour ( nee Verslius ) ----------------------------- 116.72 Fred Eberhardt ------------------------------------------ 44.95 Howard H. Edwards------------------------------------- 149 29 Tony Eliyopoulos---------------------------------------- 132.58 Amos Evans--------------------------------------------- 83.85 Thomas Hasiotis ----------------------------------------- 86.28 Homer Heyvaert----------------------------------------- 81.92 Harry Hoteling------------------------------------------- 47.22 C. F. Hovey---------------------------------------------- 107.16 Pruden Kamsen------------------------------------------ 10.06 Gus Mantus--------------------------------------------- 100.27 Donald Maring------------------------------------------ 35.97 Henry Montgomery-------------------------------------- 71 08 George L. Morse--- -------------------------------------- 82.91 Leona Neels--------------------------------------------- 150.28 Nina Nelson --------------------------------------------- 164.38 George Nicholson ---------------------------------------- 75.49 John O'Brien-------------------------------------------- 77.67 Gerard Onderbeke--------------------------------------- 17.77 Peter Pisman_______________ ___________________________ 124.48 Lloyd Seefeldt ------------------------------------------ 89.30 Harvey Smith------------------------------------------ 112.06 Joseph Sutter------------------------------------------- 58.66 Ray Van Dewalle--------------------------------------- 97. 51 Geo. Yenovkian---------------- ------------------------------- - 53.46 (e) Post and keep visible in prominent places in each of the plants of respondent for a period of thirty (30) days, copies of the Order of the Board to be entered hereon.