Meadville Malleable Iron Co.

In the Matter Of MEADVILLE MALLEABLE IRON COMPANY and STEEL WORKERS ORGANIZING COMMITTEE ON BEHALF OF AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF NORTH AMERICA, LODGE 1917 Case No. C-952.-Decided November 14, 1938 Malleable Iron Castings Manufacturing Industry-Settlement : stipulation pro- viding for cessation of unfair labor practices and taking of certain affirmative action , including disestablishment of labor organization , abrogation of con- tracts therewith , and reinstatement of employees-Order: entered on stipula- tion. Mr. Earle K. Shawe, for the Board. Mr. J. S. Hornstein, of Meadville, Pa., for the respondent. Mr. Clinton S. Golden, of Pittsburgh, Pa., for the Union. Mr. Bernard W. Freund, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Steel Workers Organizing Committee, on behalf of Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge 1917, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Sixth Region (Pitts- burgh, Pennsylvania), issued its complaint dated September 19, 1938, with accompanying notice of a hearing to be held thereon, against Meadville Malleable Iron Company, Meadville, Pennsylvania, 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), and (3) 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 (1) that the respondent dominated and interfered with the formation and administration of Meadville Malleable - Iron Brotherhood, a labor organization, and contributed financial and 9 N. L. R. B., No. IT. 845 846 NATIONAL LABOR RELATIONS BOARD other support thereto; (2) that the respondent urged, persuaded, and warned its employees to refrain from becoming or remaining mem- bers of the Union; (3) that the respondent, on specified dates be- tween November 24, 1937, and March 18, 1938, terminated the em- ployment _ of six named employees,' and thereafter refused to re- employ them in their former positions, because of their membership and activity in the Union and because they engaged in concerted activities for the purpose of collective bargaining and other mutual aid and protection, thereby discouraging membership in the Union; and (4) that, by the above and other acts, the respondent interfered with, restrained, and coerced its employees in the exercise of their rights guaranteed in Section 7 of the Act. On September 20, 1938, the respondent, the Union, and counsel for the Board entered into a stipulation for the purpose of settling the case, subject to approval by the Board. On September 26, 1938, the Regional Director notified the respondent and the Union that the hearing was postponed until further notice. On October 4, 1938, the respondent, the Union, and counsel for the Board entered into a substitute stipulation for the purpose of settling the case, subject to approval by the Board, in which the respondent agreed to the facts concerning the nature and the scope of its business and the terms of an order which the Board might enter in the case, upon its approval of the stipulation. Thereafter, the Board issued its order and its amended order, both dated October 8, 1938, approving the stipulation of October 4, 1938, and making it it part of the record in the case, and further ordered, in accordance with Article II, Section 37, of National Labor Rela- tions Board Rules and Regulations-Series 1, as amended, that the proceeding be transferred to the Board and continued before it for the purpose of entry by the Board of a decision and order pursuant to the provisions of the said stipulation. The charge, the amended charge, the complaint, the notice of hearing, the stipulation of Sep- tember 20, 1938, the -notice of postponement of hearing, and the proofs of service thereof are hereby made it part of the record in the case. The said stipulation of October 4, 1938, reads as follows : It is hereby stipulated and agreed by and between Meadville Malleable Iron Company, by J. S. Hornstein, Secretary and General Manager of Meadville Malleable Iron Company, Steel Workers Organizing Committee on Behalf of Amalgamated As- sociation of Iron, Steel and Tin Workers of North America, Lodge 1917, by Clinton S. Golden, Regional Director of the Steel i Peter Kalistian, Richard Johnson, Harry Boghaslan, John Movisician, Setrop Oske- rachian (Mike Charley), and Charles Rozalski. DECISIONS AND ORDERS 847 Workers Organizing Committee, and Earle K. Shame, Attorney, National Labor Relations Board , as follows : I. The Meadville Malleable Iron Company is a Pennsylvania corporation, engaged in the manufacture and sale and distribu- tion of Malleable Iron Castings . It has its principal office and -plant in the Township of Vernon, County of Crawford, Com- monwealth of Pennsylvania (hereinafter referred to as the Vernon Township Plant ). In 1937 more than fifty percent (50%) of the company's raw products purchased for its Vernon Township Plant consisting principally of pig iron, coal, sand, core oil, firebrick , fuel oil, and scrap iron, and products used in the manufacture, sale, distribution of Malleable Iron Castings were purchased from sources from without the Commonwealth of Pennsylvania and transported to the company 's Vernon Town- ship Plant. In 1937 approximately sixty-six percent (66%) of the finished products of the Vernon Township Plant of the Company were shipped to points outside of the Commonwealth of Pennsylvania. In 1937 the raw materials purchased by the company amounted to the approximate value of $173 ,000.00; and the total value of the products manufactured by the company in 1937 was approximately $570,000.00. The Meadville Malleable Iron Company admits that it is engaged in interstate commerce within the meaning of Section 2 ( 6) and (7) of the National Labor Relations Act, 49 Stat. 449. II. Upon the basis of facts stipulated in paragraph 1 above, the pleadings as amended , this stipulation , and by agreement of the parties hereto, the National Labor Relations Board may enter an Order in Case No. VI-C-229. III. The said Order shall provide as follows : (1) The Meadville Malleable Iron Company , its officers, agents, successors , and assigns shall cease and desist from in any manner interfering with, restraining ,. or coercing its employees at its Vernon Township Plant in the exercise of their right 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 purpose of collec- tive bargaining, or other mutual aid or protection. (2) The Meadville Malleable Iron Company, its officers , agents, successors , and assigns , shall cease and desist at its Vernon Township Plant from in any manner discouraging membership in the Amalgamated Association of Iron, Steel and Tin Workers of North America , Lodge 1917 or any other labor organization of its employees, by discrimination in regard to their hire or tenure of employment because of their membership in, or activity in behalf of, any such labor organization. 848 NATIONAL LABOR RELATIONS BOARD (3) The Meadville Malleable Iron Company, its officers , agents, successors, and assigns, shall cease and desist at its Vernon Township Plant from dominating or interfering with the ad- ministration of the Meadville Malleable Iron Brotherhood, or dominating or interfering with the formation or administration of any other labor organization of its employees or contributing financial or other support to the Meadville Malleable Iron Brotherhood , or to any other labor organization of its employees, and from giving effect or validity to any and all contracts now in existence between the Meadville Malleable Iron Company, and the Meadville Malleable Iron Brotherhood. (4) The Meadville Malleable Iron Company , its officers, agents, successors, and assigns shall take the following affirmative action in order to effectuate the policies of the National Labor Relations Act : (a) Withdraw all recognition from the Meadville Malleable Iron Brotherhood as representative of its employees at its Ver- non Township Plant for the purpose of dealing with the Mead- ville Malleable Iron Company concerning grievances , labor dis- putes, wages, rates of pay, hours of employment , or other con- ditions of employment ; completely disestablish the Meadville Malleable Iron Brotherhood as such representative ; and abro- gate and render null and void any and all contracts existing between the Meadville Malleable Iron Brotherhood and the Meadville Malleable Iron Company. (b) Offer to Peter Kalistian , Richard Johnson, John Movisi- cian, Setrop Oskerachian (Mike Charley ), and Charles Rozalski immediate and full reinstatement to their former or substan- tially equivalent positions at its Vernon Township Plant, with- out prejudice to their seniority and other rights and privileges previously enjoyed. (c) That part of the complaint issued in Case No. VI-C-229. referring to Harry Boghasian , is hereby dismissed. (d) Inform all of its officials and agents , including superin tendents and foremen and other supervisory employees that they shall not in any manner approach employees concerning, or dis- cussing with the employees , the question of their labor affiliation, or threaten employees in any manner because of their member- ship in aiiy labor organization in general , or the Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge 1917 , in,particular. . (e) Post immediately in conspicuous places throughout its Vernon Township Plant, and maintain for a ,period . of at least thirty (30) consecutive days, notices stating that,- DECISIONS AND ORDERS 849 1. The Meadville Malleable Iron Company will cease and de- sist in the manner aforesaid. 2. The Meadville Malleable Iron Company employees at its Vernon Township Plant- will not be interfered with, restrained, or coerced in the exercise of their rights to self-organization, to bargain collectively through representatives of_ their own choos- ing, and to engage in other mutual aid or protection. 3. The Meadville Malleable Iron Company has withdrawn all recognition from the Meadville Malleable Iron Brotherhood as a representative of its employees for the purpose of dealing with the Meadville Malleable Iron Company concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; and that the said Meadville Malleable Iron Brotherhood is completely disestablished as such repre- sentative. 4. That any and all contracts existing between the Meadville Malleable Iron Company and the 'Meadville' Malleable Iron Brotherhood have been abrogated and are null and void. (f) Notify the Regional Director of the National Labor Rela- tions Board for the Sixth Region within ten (10) days of the service of this Order, by a detailed report in writing, the manner and form in which it has complied with the said Order. IV. The respondent hereby consents to the entrance of a con- sent decree by the United States Circuit Court of Appeals for the appropriate circuit upon application by the Board for such decree and hereby waives any further notice of -application for such decree. V. It is expressly understood and agreed that this Stipulation is subject to the approval of the National Labor Relations Board. FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent, Meadville Malleable Iron Company, a Pennsyl- vania corporation, with its principal office and plant located in Ver- non-Township, Crawford County, Pennsylvania, is engaged in the manufacture, sale, and distribution of malleable iron castings. In 1937 more than 50 per cent of the raw products purchased by the company for its said plant, consisting principally of pig iron, coal, sand, core oil, firebrick, fuel oil, and scrap iron, and products used in the manufacture, sale, and distribution of malleable iron castings, were purchased from sources outside of Pennsylvania and transported to the said plant. In 1937 approximately 66 per cent of the finished products of the said plant were shipped to points outside Penn- sylvania. The raw materials purchased by the company in 1937 850 NATIONAL LABOR RELATIONS BOARD amounted to the approximate value of $173,000, and the total value of the products manufactured by the company during that period was approximately $570,000. The respondent has admitted that it is engaged in interstate com- merce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations of the respondent constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER On the basis of the above stipulation and findings of fact, and upon 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 Meadville Malleable Iron Company, and its officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees at its Vernon Township Plant in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining, or other mutual aid or protection; (b) In any manner discouraging membership in the Amalgamated Association of Iron, Steel and Tin Workers of North America, Lodge 1917, or any other labor organization of its employees at its Vernon Township Plant by discrimination in regard to their hire or tenure of employment because of their membership in, or activity in behalf of, any such labor organization; (c) Dominating or. interfering with the administration of the Meadville Malleable Iron Brotherhood, or dominating or interfering with the formation or administration'of any other labor organiza- tion of its employees or contributing financial or other support to the Meadville Malleable Iron Brotherhood, or to any other labor organization of its employees, and from giving effect or validity to any and all contracts now in existence between the Meadville Malleable Iron Company and the Meadville Malleable Iron Brother- hood at its Vernon Township Plant. 2. Take the following affirmative action which the. Board finds will effectuate the policies of the National Labor Relations Act: (a) Withdraw all recognition from the Meadville Malleable Iron. Brotherhood as representative of its employees at its Vernon Town- ship Plant for the purpose of dealing with the Meadville Malleable Iron Company concerning grievances, labor disputes; wages, rates of pay, hours of employment, or other conditions" of employment; completely disestablish the Meadville Malleable Iron Brotherhood as DECISIONS AND ORDERS 851 such representative and abrogate and render null and void any and all contracts existing between the Meadville Malleable Iron Brother- hood and the Meadville Malleable Iron Company; (b) Offer to Peter Kalistian, Richard Johnson, John Movisician, Setrop Oskerachian .(Mike, Charley), and Charles Rozalski immediate and • full reinstatement to their former- or substantially equivalent positions at its Vernon Township' Plant, without'•prejudice to their seniority and other rights and pridileges previously enjoyed; (c) Inform all of its officials and agents, including superintendents and foremen and other, supervisory employees, ' that they shall not in any manner approach employees concerning, or, discussing with the employees, the question of their labor affiliation,-or threaten'em- ployees in any manner because of their membership in any labor organization in general, or the Amalgamated Association of Iron, Steel and` Tin Workers of North America, Lodge 1917, in particular; (d) Post immediately in conspicuous places throughout its Vernon Township Plant, and maintain for a period of at least thirty -(30) consecutive- days, notices stating that : - (1) The Meadville Malleable Iron Company will cease and desist in the manner aforesaid; (2) The Meadville Malleable Iron Company employees, at its V er- non Township Plant will not be interfered with, restrained, or coerced in the exercise of their rights-to self-organization, to bargain col- lectively through representatives, of their own choosing, and to en- gage in other mutual aid or protection; (3) The Meadville Malleable -Iron Company has withdrawn all recognition from the Meadville Malleable Iron Brotherhood as a representative of its employees for the purpose of dealing with the Meadville Malleable Iron Company concerning grievances, labor dis- putes, wages, rate's of pay, hours of employment, or other conditions of employment; and that the said Meadville Malleable Ir'dn Brother- hood is completely disestablished as such representative; - (4) That any and` all contracts existing between the Meadville Malleable Iron Company and the Meadville Malleable Iron Brother- hood have been abrogated and are null and void; - ' (e) Notify the Regional Director of-the 'Natiohal'-Labor Rela= tiohs "Board for the Sixth Region Within ten •(10) days of the service of this' Order, by a detailed report in writing, the manner grid form in• which. it 'has complied with the 'said Order. ' And'it•is further ordered that the part of the coniplaint-issued in Case No. VI-C=229,'referring -to' Harry Boghasiaii; be, and it hereby is; dismissed. 134068--39-vol. [s-55