Gibbs Gas Engine Co.

In the Matter of GIBBS GAS ENGINE COMPANY and JACKSONVILLE METAL TRADES COUNCIL AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. C-2173.-Decided May 19, 1942 Jurisdiction : small boats construction and repairing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Dan M. Byrd, Jr., for the Board. Mr. William W. Gibbs and Mr. John W. Donahoo, of Jacksonville, Fla., for the respondent. Mr. Marce Crawford, of Jacksonville, Fla., for the Union. Mr. Gerard J. Manack, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by the Jacksonville Metal Trades Council, affiliated with the American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by its Regional Director for the Tenth Region (Atlanta, Georgia), issued its complaint dated April 17, 1942, against Gibbs Gas Engine Company, 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) 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, accompanied by notice of hearing, were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged in substance:' (1) that during August 1941 the respondent discharged E. V. Spicer and thereafter refused to reinstate him, because of his union membership and activities; (2) that from on or about June 1, 1941, and thereafter, the respondent advised its employees to with- draw from or to refuse to become affiliated with the Union, made statements derogatory to the Union's leaders, advised, warned, and threatened its employees to vote against the Union in, an election 41 N. L. R. B., No. 17. 73 74 DECISIONS OF NATIONAL LABOR RELATIONS BOARD conducted by the Board on August 5, 1941 , dominated and interfered with the formation of the Defense Employees League on or about June 30, 1941 , and thereafter interfered with the administration of and contributed support to the defense Employees League; (3) that on or about September 8, 1941 , the respondent discharged 37 named employees and thereafter refused to reinstate them, because of their union membership and 'activities ; and (4 ) that by these acts the respondent interfered with, restrained , and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On April 17, 1942, before a hearing was held, the respondent, the Union, and representatives of the Board entered into a stipulation, subject to the approval of the Board, in settlement of the case. The stipulation provides as follows : (1) Upon an Amended Charge duly filed by the Union, the National Labor Relations Board, herein called the Board, by Oscar S. Smith, Acting 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 Rela- tions 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 April, 1942. (2) The Respondent is a Florida corporation with its prin- cipal office in Jacksonville, Florida. In the past it has been engaged in the construction and repair of small boats , both of the commercial and pleasure type, at its yards in Jacksonville, Florida. More recently , approximately 95% of its business has consisted of the construction and conversion of boats for use by the United States Government. (3) During its last fiscal year, the Respondent purchased raw materials, consisting of steel, lumber and assorted hardware, some 60% of which is shipped to the Respondent's Jacksonville, Flor- ida, yards from states other than the State of Florida . During the same period of time the gross receipts of the Respondent were in excess of $200,000. (4) 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. (5) The Union is a labor organization within the meaning, of Section 2 (5) of the Act. Defense Employees League was a labor organization within the meaning of Section 2 (5) of the Act. (6) All parties hereto acknowledge service of the Complaint, Notice of Hearing and Amended Charge, and expressly waive GIBBS -,GAS ENGINE COMPANY 75 further pleadings and proceedings herein and the making of findings of fact and conclusions of law by the Board. (7) This stipulation , together with the Amended Charge, Com- plaint and Notice of Hearing thereon may-be filed with the Chief Trial Examiner of the National Labor Relations Board, Wash- ington, D. C., and' when so filed shall constitute the record in this case. (S) The parties waive any and all further proceedings as provided by the National Labor Relations Act and National Labor Relations Board Rules and Regulations, Series 2, as amended, and agree that the Board may issue an order requiring that the Respondent, its officers, agents, successors and assigns shall : 1. Cease and desist from : (a) Dominating or interfering with the formation and ad- ministration of the Defense Employees League, or any_ other labor organization of its employees , or contributing financial or other support to the Defense Employees League, or any other labor organization of its employees. (b) Discouraging membership in Jacksonville Metal Trades Council affiliated with the American Federation of Labor or any other labor organization of its employees , by in any manner dis- criminating in regard to their hire or tenure of employment or any other term or condition of employment , because of their membership in, activity in -behalf of , or sympathy toward any such labor organization; (c) In any other manner interfering with, restraining , or coerc- ing its employees in the exercise of their rights to self-organiza- 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 IT. Take the following affirmative action to effectuate the pur- poses of the Act : (a) Offer to the following named employees immediate and unconditional reinstatement to their former or substantially equivalent positions : W. B Joyner Joseph F. Scussel Herman Heflin Carlos Weaver Lennie E. Howard John B. Scussel Clyde F. Stafford D. W. Heflin W. D. Bennett R. E. Newton 76 DECISIONS OF NATIONAL LABOR'RELATIONS BOARD W. D. Trotter W. T. Smith W. C. Jordan C. W. Temple W. H. Majors C. E. Jones E. E. Heflin W. J. Fort B. B. Sauls (b) Make whole the following named employees by payment to Oscar S. Smith, Acting Regional Director of the National Labor Relations Board, Tenth Region, the sum of Nine Thousand Five Hundred Fifty ($9,550.00) Dollars, to be distributed by the said Oscar S. Smith, among the named employees, in such amounts as he shall determine in his sole discretion. W. B. Joyner Herman Heflin Lennie E. Howard Clyde F. Stafford W. D. Bennett Joseph F. Scussel Carlos Weaver John B. Scussel D. W. Heflin R. E. Newton W. D. Trotter W. T. Smith W. C Jordan C. W. Temple- W. H. Majors J. D. Head C. C. Wolf E. B. Mobley Louis Adams J. C. Renfroe T. H. Wilson G. I. Kelly M. F. Wade C. E. Jones E. E. Heflin W. J. Fort B. B. Sauls J. D. Head C. C. Wolf E. B. Mobley Louis Adams J. C Renfroe T. H. Wilson G. I. Kelly M. F. Wade E. V. Spicer C. C. Ashley Allen Ashley (c) Post immediately in conspicuous places throughout its Jacksonville, Florida, yard, and maintain for a period of thirty (30) consecutive days from the date of posting, notices to its employees in the form attached hereto and marked appendix A.1 (d) Notify the Regional Director for the Tenth Region within ten (10) days from the date of this order what steps the Re- spondent has taken to comply therewith. IT IS FURTHER ORDERED, that the complaint be, and it hereby is, dismissed insofar as it alleges that the respondent has discrim- inated in regards to the hire or tenure of employment of : W. R. 'Appendix A' Is set forth at the end, and is herewith made a part, of this Decision and Order. GIBBS GAS ENGINE COMPANY 77 Alderman, E. P. Peffly, C. Varnes, D. A. McKenzie, W. F. Locke, J. A. Dixon, and C. Neale. (9) In offering reinstatement' to the employees named in Sec- tion 8-II (a ), above, respondent will notify the said employees of its offers of reinstatement by registered mail, directed to the last known address of each of the respective employees, and will thereafter hold open the offers of employment to the said em- ployees for a period of twelve (12) days following the date of mailing of the registered letter to the said employees. The reg- istered letters to the said employees shall be mailed upon notice of approval of this Stipulation by the Board as set forth in Section 11 hereafter, and the failure of any of said employees to report ready for work within said twelve (12) days shall relieve the respondent of any duty to employ the said employee so failing to report for work. (10) Upon application by the Board, the United States Circuit Court of Appeals for the Fifth Circuit or any appropriate Circuit Court of Appeals may enter its Decree enforcing the Order of the Board as set forth in Paragraph 8 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. (11) This stipulation is subject to the approval of the National Labor Relations Board. (12) This stipulation embodies the entire agreement, of the parties 'and there is no verbal agreement of any kind which varies, alters, or adds to this stipulation. (13) The Union hereby requests permission of Oscar S. Smith, Acting Regional Director, National Labor Relations Board, to withdraw certain charges and amended charges which it has here- tofore filed,, alleging that the respondent has violated Section 8, (2), of the Act, in connection with the Shipworkers' Associa- tion, South Jacksonville, Chapter No. 1. (14) Nothing in this stipulation shall be construed as being an admission on the part of the respondent (Company) that it has'violated-the National Labor Relations Act as alleged in the complaint in these proceedings or in any other matter. On April 27, 1942, the Board issued an order approving the stipu- lation,,making it a part of the record, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, transferred the proceeding to the Board for the, purpose of entry of a Decision and, Order pursuant to the provisions of the stipulation. , Upon the basis of the above stipulation and' the entire record in the case, the Board makes the following : 78 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD FINDINGS of FACT I. THE BUSINESS OF THE RESPONDENT The respondent, a Florida corporation, with its principal. office in Jacksonville, Florida, is engaged in the construction and repair of small boats at its Jacksonville, Florida, yards. Recently, 95 percent of the respondent's business has consisted of the construction and con- version of boats for use by the United States Government. During the past fiscal year, 60 percent of the raw materials used by the respondent were received from points outside the State of Florida. During this period, respondent's gross receipts exceeded $200,000. As set forth in the stipulation above, the respondent concedes that it is engaged in commerce within the meaning of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. 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 National Labor Relations Act, the National Labor Relations Board hereby orders that Gibbs Gas Engine Company, its officers and agents : 1. Cease and desist from : (a) Dominating or interfering with the formation and administra-, tion.of the Defense Employees League, or any other labor organiza- tion of its employees, or contributing financial or other support to the Defense Employees League, or any, other labor organization of its-employees. (b) Discouraging membership in Jacksonville Metal Trades Coun- cil affiliated with the American Federation of Labor 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 membership 'in, activity in behalf of, or sympathy toward any such labor organization; (c) In any other 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. 2. Take the following affirmative action to effectuate the purposes of the Act : (a) Offer to the following named employees immediate and un- conditional reinstatement to their.former or substantially equivalent positions : GIBBS W. B. 'Joyner Herman Heflin Lennie E. Howard Clyde F. Stafford W. D. Bennett Joseph F. Scussel Carlos Weaver John B. Scussel - D. W. Heflin R. E. Newton W. D. Trotter W. T. Smith W. C. Jordan C. W. Temple GAS ENGINE, COMPANY W. H. Majors C. E. Jones E. E. Heflin W. J. Fort B. B. Sauls J. D. Head C. C. Wolf E. B. Mobley Louis Adams J. C. Renfroe T. H. Wilson G. I. Kelly M. F. Wade 79, (b)' Make whole the following named employees by payment- to Oscar S. Smith, Acting Regional Director of the National Labor Relations Board, Tenth Region, the sum of Nine Thousand Five Hundred Fifty ($9,550.00) Dollars, to be distributed by the said Oscar S. Smith, among the named employees, in such amounts as he shall determine in his sole discretion. W. B. -Joyner, C. E. Jones Herman Heflin E. E. Heflin Lennie E. Howard W. J. Fort Clyde F. Stafford B. B. Sauls W: D. Bennett - J. D. Head Joseph F. Scussel C. C. Wolf Carlos Weaver E. B. Mobley John B. Scussel Louis Adams D. W. Heflin J. C. Renfroe R. E. Newton T. H. Wilson W. D. Trotter G. I. Kelly W. T. Smith -M. F. Wade W. C. Jordan E. V. Spicer C. W. Temple - - - C. C. Ashley W. H. Majors Allen Ashley (c) Post immediately in conspicuous places throughout its Jack- sonville, Florida, yard, and maintain for a period of thirty (30) consecutive days from the date of posting, notices to its employees in the form attached hereto and marked appendix A. (d) Notify the Regional Director for the Tenth Region within ten (10) days from the.date of this order what steps the Respondent has taken to comply therewith. 80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT IS FURTHER ORDERED, that the complaint be, and it hereby ,is, dis- missed insofar as it alleges that the respondent has discriminated in regards to the hire or tenure of employment of: W. R. Alderman, E. P. Peffly, C. Varnes, D. A. McKenzie, W. F. Locke, J. A. Dixon, and C. Neale. ` APPENDIX "A" NOTICE TO ALL EMPLOYEES WHEREAS, the United States of America is at war, and it is the duty and desire of every citizen, organization and corporation of this country to exert their unlimited efforts to the end that there be no interruption in the steady flow of production of war materials ncces- sary and essential to the successful prosecution of the war, and the parties hereto believing that adjustment of these issues without fur- ther contest will aid in the achievement of those purposes; and WHEREAS, the Gibbs Gas Engine Company and the Jacksonville Metal Trades Council, being of this conviction desire to amicably settle all issues raised in the above captioned proceedings before the - National Labor Relations Board in the sincere hope that greater cooperation might exist between employer and employees. The Gibbs Gas Engine Company states that it will not: (a) Dominate or interfere with the formation and administra- tion of the Defense Employees League, or any other labor or- ganization of its employees, or contribute financial or other support to the Defense Employees League, or ony other labor organization of its employees. (b) Discourage membership in Jacksonville Metal Trades Council affiliated with the American Federation of Labor or any other labor organization of its employees, by in any manner dis- criminating in regard to their hire or tenure of employment of any other term or condition of employment, because of their membership in, 'activity in behalf of, or sympathy toward any such labor organization. (c) In any other manner interfere with, restrain, or coerce its employees in the exercise of their rights to self-organization, 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 bar- gaining and other mutual, aid or protection as guaranteed in Section 7 of the Act. Gibbs Gas Engine Company further states that it will : (a) Offer to the following named employees immediate and un- conditional reinstatement to their former or substantially equivalent positions : I GIBBS GAS ENGINE COMPANY W. B. Joyner Herman Heflin Lennie E. Howard Clyde F. Stafford W. D. Bennett Joseph F. Scussel Carlos Weaver John B. Scussel D. W. Heflin R. E. Newton W. D. Trotter W. T. Smith W. C. Jordan C. W. Temple W. H. Majors C. E. Jones E. E. Heflin W. J. Fort B. B. Sauls J. D. Head C. C. Wolf E. B. Mobley Louis Adams J. C. Renfroe T. H. Wilson G. I. Kelly M. F. Wade 81 (b) Make whole the following named employees by payment to Oscar S. Smith, Acting Regional Director of the National L b,)r Relations Board, Tenth Region, the sum of Nine Thousand Five Hundred Fifty ($9,550.00) Dollars, to be distributed by the said Oscar S. Smith, among the named employees, in such amounts as he shall determine in his sole discretion : W. B. Joyner , , C. E. Jones Herman Heflin E. E. Heflin Lennie E. Howard W. J. Fort Clyde F. Stafford B. B. Sauls W. D. Bennett J. D. Head Joseph F. Scussel C. C. Wolf Carlos Weaver E. B. Mobley John B. Scussel Louis Adams D. W. Heflin J. C. Renfroe R. E. Newton T. H. Wilson W. D. Trotter G. I. Kelly W. T. Smith M. F. Wade W. C. Jordan E. V. Spicer C. W. Temple C. C. Ashby W. H. Majors Allen Ashley The Gibbs Gas Engine Company further states that : The Employees of Gibbs Gas Engine Company are free to be- come or remain members of Jacksonville Metal Trades Council, or any other labor organization, and the company will not dis- criminate against any employee because of membership or activity in that organization or any other labor organization. GIBBS GAS ENGINE COMPANY. By ---------------------------- 463882-42-vol. 41-6