Crane Enamelware Co., Inc.

In the Matter Of CRANE ENAMELWARE COMPANY, INCORPORATED and STEEL WORKERS ORGANIZING COMMITTEE Case No. C-2184.Decided May 19, 1942 Jurisdiction : plumbing equipment manufacturing Industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. . Mr. Dan M. Byrd, Jr., and Mr. Alexander E. Wilson, Jr., for the Board. Mr. Charles A. Noone, of Chattanooga, Tenn., for the respondent. Mr. O. 8. Baxter, of Chattanooga, Tenn., and Mr. William Mitch, of Birmingham, Ala:, for the Union. Mr. Cecil F. Poole, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a• second amended charge duly filed by Steel Workers Organ- izing Committee, herein called the Union, the National Labor Rela- tions Board, herein called the Board, by its Regional Director for the Tenth Region (Atlanta, Georgia), issued its complaint and amend- ment to complaint dated February 17, 1942, and March 3, 1942, re- spectively, against Crane Enamelware Company, Incorporated, Chat- tanooga, Tennessee, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor prac- tices affecting commerce, within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and amend- ment to complaint, accompanied by notice of hearing, were duly served upon the respondent and the Union. With respect to the unfair labor practices, the complaint, as amended, alleged in substance : (1) that the respondent discharged five named employees in August, September, and October, 1941,1 and thereafter refused to reinstate them, because of their membership in the Union and because of their participation with other employees in 1 The complaint, as amended, alleged that the respondent discharged John King on August 5 , 1941; Lon Hunter on September 2, 1941 ; E A. Caldwell on September 17, 1941 ; Hobart W. Scott on September 18, 1941; and W. L. Robertson on October 2_1941. 41 N. L. it. B., No. 16 64 CRANE -ENAMELWARE, COMPANY, INCORPORATED' 65 concerted activities; (2) that the respondent laid off employees W. H. Kelly and Ben H. Ricketts from October 4 to 11, 1941, because of their membership in and activities on behalf of the Union and because of their participation with other employees in concerted activities; (3) that the respondent, by certain of its officers, agents, and supervisory employees, had since July 1, 1940: (a) warned employees not to be- come or remain members of or affiliated with the Union; (b) threatened employees with discharge, loss of work, or other discipline if they joined or remained members of the Union; (c) engaged in surveillance of union meetings; (d) discharged employees because of their membership in the Union; and (e) interrogated employees con- cerning their membership in and affiliation with the Union. On February 26, 1942, and March 12, 1942, respectively, the re- spondent filed an answer to the complaint and an answer to the amendment to complaint, in which it admitted the allegations with respect to its business, but denied that it had engaged in the alleged unfair labor practices. Thereafter, on March 12, 1942, counsel for the Board issued a Notice of Intention to Move to Amend Complaint, copies of which were duly served upon the respondent and the Union: Pursuant to notice, a hearing was held at Chattanooga, Tennessee, from March 23 through March 28, 1942, before George Bokat, the Trial Examiner duly designated by the Chief Trial Examiner. Dur- ing the course of the hearing, the Trial Examiner granted the Board's motion to amend the complaint in the particulars set forth in the notice above mentioned. Thereafter, the respondent filed its answer to the complaint as thus further amended, denying the material allegations thereof. Following the hearing, the respondent, the Union, and attorneys for the Board entered into a stipulation dated April 4, 1942, and a supplemental stipulation dated April 29, 1942,; subject to the approval of the Board, in settlement of the case. The stipulations provide as follows : A Second Amended Charge having been filed by Steel Workers Organizing Committee, herein called the Union, with the Regional Director of the National Labor Relations Board, herein called the Board, for the Tenth Region (Atlanta, Georgia), alleging that Crane Enamelware Company, Incorporated, Chat- 2 The notice stated that counsel for the Board proposed to move at the hearing to amend the coniplaint by adding, in substance, the following allegation : That the respond- ent, on December 3, 1941, discharged Raymond Hatfield, and thereafter refused to rein- state him, because of his membership in and activity on behalt of the Union, and because of his participation, with other employees, In concerted activities. 8 The supplemental stipulation made certain minor changes and corrections which have been incorporated In the stipulation as hereinafter set forth. 463892-42-vol. 41-5 66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tanooga, Tennessee, has engaged in and is now engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and ( 3) and Section 2 (6) and (7) of the National Labor Relations Act (49 Stat. 449), herein called the Act, the Board, through its Regional Director, issued and served a Complaint and Amendment thereto stating the charge, and answers having been filed by the Respondent, a hearing having commenced before a duly designated Trial Examiner for the Board, and it being ,the desire of the parties to amicably settle all issues raised in this proceeding; IT IS HEREBY STIPULATED AND AGREED by and among Crane Enamelware Company, Incorporated, Chattanooga, Tennessee, herein called the Respondent, and Steel Workers Organizing Com- mittee, herein called the Union, and Dan M. • Byrd, Jr., and Alexander E. Wilson, Jr., Attorneys for the National Labor Relations Board, Tenth Region, that : 1. Upon a Second Amended Charge, duly filed by the Union, the National Labor Relations Board, herein called the Board, by Oscar S. Smith, Regional Director for the Tenth Region, Atlanta, Georgia, as Agent for the Board, acting pursuant to authority granted in Section 10 (b) of the National-Labor Relations Act herein called the Act and acting pursuant to the Board's Rules and Regulations, Series 2, as amended, issued a Complaint and Notice of Hearing on the 17th day of February, 1942, and' its Amendment to Complaint on' the 3d day of March, 1942, against the Respondents. Thereafter, on March• 12, 1942, Dan M. Byrd, Jr., and Alexander- E. Wilson, Jr.; issued' Notice of Intention to Move to Amend Complaint. 2. On March 23, 1942, through March' 28, -1942, pursuant- to the aforesaid Notice of Hearing, a hearing was duly had before George Bokat, the Trial Examiner duly designated by the Chief "Trial Examiner, at Chattanooga, Tennessee. During the 'course of said hearing, a motion to amend the' Complaint was -granted by the-Trial Examiner in accordance with said Notice of Inten- tion to Move to Amend Complaint. 3. Thereafter the Respondent filed its Answer of the Crane Enamelware Company, its Answer to Amended Complaint, and' its Answer of Crane Enamelware Company to.Second Amended Complaint, the same being an answer to the complaint as amended by motion made and granted in exact conformity with the Notice of Intention to Move to Amend Complaint. 4. The Respondent is a Tennessee corporation engaged in the manufacture, sale and distribution of bath tubs, sinks and a gent oral line of cast iron enamel plumbing at its plant in Chattanooga; CRANE ENAMELWARE, COMPANY, INCORPORATED , 67 Tennessee. The Respondent is a'wholly owned. subsidiary of the Crane Company, Chicago, Illinois, except for seven shares of stock owned by the directors of the Respondent. 5. During a normal business year the Respondent purchases raw materials, consisting of pig iron, sand, coke, enameling sup- -plies and other miscellaneous supplies, valued at approximately $1,000,000,,85% of which by value is obtained from states other than the State of Tennessee. During the same year, the Re- spondent produced finished products amounting in value to ap- proximately $4,500,000, 95% of which by value is sold in states other than the State of Tennessee. The Respondent has a yearly pay roll of approximately $1,500,000 and employs approximately 1,500 persons. 6. The Respondent is engaged in commerce within the meaning of Section 2 (6) of the Act, and its operations affect commerce within the meaning of Section 2 (7) of the Act. , 7. The Union is a labor organization within the meaning of Section-2 (5) of the Act. 8. All parties hereto acknowledge service of the Complaint, Notice of Hearing and Second Amended Charge, Amendment to Complaint, Notice of Intention to Move to Amend Complaint, Answer of Crane Enamelware Company, Answer to Amended Complaint, and Answer of Crane Enamelware Company to Sec- ond Amended Complaint, all above referred to, and expressly waive further pleadings and proceedings herein and the making of findings of fact and conclusions of law by the Board. 9. This stipulation, together with a Second Amended Charge, 'Notice of Hearing; Complaint and all amendments thereto, and the -Answer and all amendments thereto, may be filed with the Chief Trial Examiner of the Board in Washington, D. C., and when so filed shall constitute the record in this case. 10. Nothing herein contained shall be construed or taken as an admission by the Respondent of any violations of the Act alleged in the aforesaid Complaint and Amendments thereto. 11. The parties waive any and all further proceedings as pro- vided by the, National Labor' Relations Act and National Labor Relations Board Rules and Regulations, Series 2, as amended, including the making of findings of fact and conclusions of law and agree that the Board may issue an order in substantially the following form : Respondent, its,officers, agents, successors, and assigns shall: I. Cease and desist from : (a) Discouraging membership in the Steel Workers Organiz- ing Committee, affiliated with the Congress of Industrial Or- 68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ganizations ,• or any other labor organization of its employees by in any manner discriminating in regard to their hire or tenure of employment or any other term or condition of em- ployment, because of their membership -in, activity in behalf of, or sympathy toward any such labor organization; (b) In any other manner interfering with,. restraining, or coercing its employees 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 collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. II. Take the following affirmative action to effectuate the purposes of the Act: (a) Offer to Raymond Hatfield immediate and full reinstate- ment to his former position in the #1 Foundry without prejudice to his seniority and other rights and privileges; (b) Make whole Wilbert Lee Robertson for any loss of pay he may have suffered by reason of the Respondent 's discrimina- tion in regard to his hire and tenure of employment, by payment to him of the sum of One Hundred ($100.00 ) Dollars; (c) Make whole John Henry King for any loss of pay he may have suffered by reason of Respondent's discrimination in regard to his hire and tenure of employment by payment to him of the sum of Four Hundred and Fifty ($450.00) Dollars; (d) Place Lon Hunter upon a preferential hiring list to be offered employment without prejudice to his seniority and other rights and privileges, upon the resumption of operation of either or both sand slingers # 16 and # 17, said employment to be offered prior to the employment of any new person for said work and prior to offering said work to any other employee with less seniority, following a system of seniority to such extent as has heretofore been applied in the conduct of the Respondent's business. (e) Make whole Lon Hunter for any loss he may have suffered by reason of the Respondent's discrimination in regard to his hire and tenure of employment by payment to him of the sum of Three Hundred and Twenty ($320.00) Dollars; (f) -Immediately, post copies of the notice attached hereto and made a part hereof, marked Appendix "A",4 in conspicuous places throughout its Chattanooga , Tennessee plant and maintain such notices for a period of sixty (60) consecutive days from the posting of such notices. 4 The notice is set forth as Appendix "A" to this Decision and Order. CRANE ENAMELWARE' COMPANY, INCORPORATED 69 (g) Notify the Regional Director for the Tenth Region within ten days (10) from the effective date of the stipulation upon which this order is based what steps the Respondent has taken to comply herewith. IT IS FURTHER ORDERED, That the Complaint be, and it hereby is, dismissed insofar as it alleges that the 'Respondent discrim- inatorily discharged and thereafter refused reinstatement to E. A. Caldwell and Hobart W. Scott, and that the Respondent dis- criminatorily laid off W. H. Kelly and Ben H. Ricketts within the meaning of Section 8, subdivision (3) of the National Labor Relations Act. 12. Upon application by the Board, the United States Circuit Court of Appeals for the Fifth Circuit or any apppropriate Circuit Court of Appeals may enter its Decree enforcing the Order of the Board as set forth in Paragraph 11 above and all parties hereto expressly waive all rights and privileges to receive further notice of the filing of the application for the entry of such Decree, or to contest the entry of such Decree. 13. This stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon receipt of notice granting such approval by the Board. 14. This stipulation contains the entire agreement of the parties and there are no verbal or written agreements of any kind which vary, alter or add to this stipulation. On May 4, 1942, the Board issued an order approving the,stipula- tion and supplemental stipulation, making them a part of the record, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, trans- ferring the proceceding to the Board for the purpose of entry of a decision and order, pursuant to the provisions of the stipulations. Upon the basis of the above stipulation and supplemental stipula- tion and`the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent, Crane Enamelware Company, Incorporated, is a Tennessee corporation engaged in the manufacture , sale,,and distri- bution of bath tubs, sinks, and a general line of cast iron enamel plumbing at its plant in Chattanooga, Tennessee. It is an almost wholly owned subsidiary 5 of the Crane Company , Chicago, Illinois. 5 With the exception of seven shares of the respondent's stock which are owned by the respondent's directors. 70' DECISIONS- OF '\ATIO\AL- LABOR -RELATIONS BOARD In the operation of its plant during a normal business year, the respondent purchases raw materials, consisting of pig iron; sand, coke, enameling supplies and other miscellaneous supplies, valued at approximately $1,000,000, 85 percent of which is obtained from States other than the State of Tennessee. During a normal business year, the respondent produces finished products valued at approximately $4,500,000, of which 95 percent is sold in States other than the State of Tennessee. The respondent employs approximately 1,500 persons at its Chattanooga plant and has an annual pay roll of approximately $1,500,000. The respondent concedes, and we find, that it is engaged in com- merce, within the meaning of the Act. ORDER , Upon the basis of the above findings of fact, stipulation, supple- mental stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, Crane Enamelware Company, Incorporated, and its officers, agents, succes- sors, and assigns, shall : 1. Cease and desist from : - (a) Discouraging membership in the Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, or, any other labor organization of its employees, by in any manner discriminating in regard to their hire or tenure of employment or any other term or condition of employment, because of their mem= bership in, activity in behalf of, or sympathy toward any such labor organization; ' (b) In any other manner interfering with, restraining, or coercing its employees 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, con= certed 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 to effectuate the purposes of the Act : (a) Offer to Raymond Hatfield immediate and full reinstatement to his former position 'in the #1 Foundry without prejudice to his seniority and other rights and privileges; . (b) Make whole Wilbert Lee Robertson for any loss of pay lie may have suffered by reason of the Respondent's discrimination in regard GRANDE ENAMELWARE, COMPANY, INCORPORATED 71' to his hire and tenure of employment, by payment to him of the sum of One Hundred ($100.00) Dollars; (c) Make whole John Henry King for any loss of pay he may have suffered by reason of Respondent's discrimination in regard to his hire and tenure of employment by payment to him of the sum of Four Hundred and Fifty ($450.00) Dollars; (d) Place Lon Hunter'upon a preferential hiring list to be offered employment without prejudice to his seniority and other rights and privileges, upon the resumption of operation of either or both sand slingers, #16 and #17, said employment to be offered prior to the employment of any new person for said work and prior to offering said work to any other employee with less seniority, following a system of seniority to such extent as has heretofore been applied in the conduct of the Respondent's business. (e) Make whole Lon Hunter for any loss he may have suffered by reason of the Respondent's discrimination in regard to his hire and tenure of employment by payment to him of the sum of Three Hundred and Twenty ($320.00) Dollars; (f)Immediately post copies of the notice attached hereto and made a part hereof, marked Appendix "A", in conspicuous places through its Chattanooga, Tennessee, plant and maintain such notices for a period of sixty (60) consecutive days from the posting of such notices. (g) Notify the Regional Director for the Tenth Region in writing, within ten (10) days from the date of this Order, what steps the Respondent has taken to comply herewith. IT IS FURTHER ORDERED, that the Complaint be, and it hereby is, dismissed insofar as it alleges that the Respondent discriminatorily discharged `and thereafter refused reinstatement to E. A. Caldwell and Hobart W. Scott, and that the Respondent discriminatorily laid off W. H. Kelly and Ben H. Ricketts, within the meaning of Section 8, subdivision (3) of the National Labor Relations Act. APPENDIX "A" NOTICE TO EMPLOYEES 1. Crane Enamelware Company, Incorporated, recognizes fully the rights of its employees 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 purposes of collective bargaining or other-mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. 72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The employees of Crane Enamelware Company, Incorporated, are free to become or remain members of Steel Workers Organizing Com- mittee, affiliated with the C. I. 0., or any other labor organization, and Crane Enamelware Company, Incorporated, will not discrimi- nate against any employee because of such membership or activity in the Steel Workers Organizing Committee, affiliated with the C. I. 0., or any other labor organization. 3. Crane Enamelware Company, Incorporated, further states that : It will offer to Raymond Hatfield immediate and full reinstate- ment to his former position in the #1 Foundry without prejudice to his seniority and other rights' and privileges; It will make whole Wilbert Lee Robertson for any loss of pay he may have suffered by reason of the company's discrimination in regard to his hire and tenure of employment by payment to him of the sum of One Huiidred Dollars ($100.00) It will make whole John Henry King for any loss of pay he may have suffered by reason of the company's discrimination in regard to his hire and tenure of employment by payment to him of the sum of Four Hundred Fifty Dollars ($450.00) It will place Lon Hunter upon a preferential hiring list to be offered employment without prejudice to his seniority and other rights and privileges upon the resumption of operation of either or both sand slingers #16 and #17, said employment to be offered prior to the employment of any new persons for said work and prior to offering said work to any other employee with less seniority fol- lowing -a system of seniority to such extent as has heretofore been applied in the conduct of the company's business. It will make whole Lon Hunter for any loss he may have suffered by reason of the company's discrimination in regard to his hire and tenure of employment by payment to him of the sum of Three Hundred Twenty Dollars ($320.00). 4. In malting the above statement Crane Enamelware Company, In- corporated, does not in any manner admit that it has violated the National Labor Relations Act as alleged in the complaint giving rise to .these proceedings. Dated this ---- day of --------------------,1942. CRA7,^E ENAMELWARE COMPANY, INCORPORATED. By ------ -------------------------------------