The Maico Co., Inc.

In the Matter of THE MAICO COMPANY, INCORPORATED and UNITEb ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, C. I. O. Case No. C-2189.-Decided May 27,1942 Jurisdiction : hearing aids manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Russell Packard, for the Board. Mr. R. D. Peck, for the Independent. Mr. Reuben A. Carlson, for the C. 1. 0. Mr. Kenneth M. Owen, for the respondent. Mr. George H. Gentithes, of counsel to the Board. DECISION AND. ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Organizations, herein called the C. I. 0., the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighteenth Region (Minneapolis, Minnesota), issued its third amended complaint, dated April 24, 1942, against The Maico Company, Incorporated, Minneapolis, Minnesota, 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. Copies of the complaint and accompanying notice of hearing were duly-served upon the respondent, the C. I. 0., and Maica Com- pany Employees' Association, herein called the Independent, a labor organization alleged in the complaint to be dominated by the re- spondent. Concerning the unfair labor practices, the complaint al- leged in substance (1) that the respondent on and after January 1941 advised, urged, threatened, and warned its employees to refrain from becoming or remaining members of any labor organization; 41 N. L. R. B., No. 73. 342 THE MAICO COMPANY, INCORPORATED 343 (2) that the respondent discharged the following employees on or about the respective dates appearing after their names and there- after failed and refused to reemploy them because they were mem- bers of and active in the C. I. 0.-: Willard Hein, September 25, 1941; Romain Averill, September 26, 1941; Leland Severson, September 26, 1941; and Howard Peterson, September 26, 1941; (3) that the respondent on or about September 26, 1941, discharged Edward .Briscoe and failed and refused to reemploy him until about October 13, 1941, because he was a member of and active in the C. I. 0.; (4) that on or about October 1941, and at all times thereafter, re- spondent dominated and interfered with the formation and admin- istration of the Independent, a labor organization of its employees, and has contributed financial and other support to it; and (5) that by the foregoing and -other acts, the respondent interfered with, re- strained, and coerced its employees in the exercise of the rights 'guaranteed in Section 7 of the Act. On May 6, 1942, prior to a hearing, the respondent, the Inde- pendent, the C. I. 0., and the Regional Attorney for the Eighteenth Region entered into a stipulation, subject to approval by the Board, for settlement of the case. The stipulation provides as follows: STIPULATION AND AGREEMENT It being the mutual desire of all parties hereto amicably to adjust any differences that may have arisen between them and to conclude all proceedings before the National Labor Relations Board in this matter, IT IS HEREBY STIPULATED AND AGREED by and between The Maico Company, Inc., hereinafter called the Respondent, by its attorney; United Electrical, Radio and Machine Workers of America, C. I. 0., hereinafter called the Union, by its representative; Maico Company Employees' Association, hereinafter called the Associa- tion, by its attorney; and Russell Packard, attorney for the National Labor Relations Board: I Upon charges and amended charges duly filed by the Union, the National Labor Relations Board, hereinafter called the Board, by the Regional Director for the Eighteenth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act and Article'IV, Section 1, of the National Labor Relations Board Rules and Regulations-Series 2, as amended, duly issued its Complaint and Notice of Hearing on April 24, 1942, against Respondent, alleging that Respondent 344 DECISIONS OF NATIONAL: LABOR RELATIONS BOARD 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 Act. , II All parties hereto acknowledge due and timely service of the Complaint, Notice of Hearing; and Third Amended Charge, and expressly waive further pleadings, hearing, and the making of findings of fact and conclusions of law by the Board. III Respondent is a corporation organized under and existing by virtue of the laws of the State of Minnesota, having its principal office and place of business in Minneapolis, Minnesota, where it is engaged in the manufacture, sale, and distribution of hearing aids, group hearing equipment, and related specialty items. In the course and conduct of its business, Respondent causes, and has continuously caused,. large quantities of raw materials to be purchased and transported in interstate commerce from, into, and through various and several of the United States other than the State of Minnesota, to Respondent's place of business within the State of Minnesota. During the first 8 months of the calendar year 1941, the total purchases * of such raw materials by Re- spondent amounted to approximately $115,000,' of which sum more than 50 per cent represents items purchased and transported from places'outside the State of Minnesota to Respondent's place of business within the State of Minnesota. Respondent, in the course and conduct of its business, causes, and has continuously caused, large quantities of finished products to'be'sold and trans- ported in interstate commerce from its place of business at Minne- apolis in the State of Minnesota to, through, and into States of the United States other than the State of Minnesota. During the first 8 months of the calendar year 1941, the total sales of such products by Respondent amounted to approximately $195,- 000, of which sum more than 50 per cent represents finished products sold and transported in interstate commerce from Re- spondent's place of business in the State of Minnesota to points outside the State of Minnesota. Respondent concedes that its operations affect commerce within the meaning of Section 2 (6) and (7) of the Act. IV The Union and the Association are labor organizations within the meaning of Section 2 (5) of the Act. THE MAICO COMPANY, INCORPORATED 345 V The Respondent asserts its denial that it has committed any unfair labor practices as alleged in the Complaint and that no- finding has been made by the Board, or is herein made, that the ,Respondent has committed the unfair labor practices, or any of them, as alleged in the Complaint. VI This Stipulation and Agreement, together with the Third Amended Charge, the Complaint, Notice of Hearing, and the proof of service of the Complaint, Third Amended Charge, and Notice of Hearing may be filed with the Chief Trial Examiner of the. Board at Washington, D. C., and when so filed shall constitute the entire record in the case. VII Upon the entire record, as set forth in Paragraph VI above, an order may be forthwith entered by the Board providing as follows: The Maico Company, Inc., its officers, agents, suc- cessors, 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 their mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. (b) Discouraging membership in United Electrical, Radio and Machine Workers of America, C. I. 0., or any other labor organization of its employees by discriminating with respect to their hire or tenure of employment or any tenure or conditions of employment. (c) In any manner dominating or interfering with the admin- istration of the Maico Company Employees' Association, or the formation or administration of any other labor organization of its employees, or contributing financial or other, support to said Association or to any other labor organization of its employees. (d) Giving effect to any oral or written contract or agreement executed with the Maico Company Employees' Association, as well as to any extension, renewal, modification, or supplement thereof, and any superseding contract with the said Maico Com- pany Employees' Association which may now be in effect. 346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Withdraw all recognition from the Maico Company Em- -ployees' Association as representative of any of its employees for the purpose of dealing with Respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment, and to completely' disestablish the Maico Company Employees' Association as such representa- tive. (b) Notify the Maico Company Employees' Association in writing that its contract with said organization is void and of no effect. (c) Make whole Willard Hein, Romain Averill, Leland Sever- son, and Howard Peterson, and each of them, for any loss of pay they may have suffered by reason of their discharge, by payment to each of them of a sum of money equal to the amount which he would normally have earned as wages during the period from date of discharge to the date hereof, less his net earnings during such period. Make whole Edward Briscoe for any loss of pay he may have suffered by reason of his layoff from Sep- tember 26, 1941 to October 13, 1941, by payment to him of the sum of twenty dollars ($20.00). (d) Post immediately upon entry of this order by the Na- tional Labor Relations Board, and maintain for a period of at least sixty (90) consecutive days from the date of posting in conspicuous places at Respondent's plant in Minneapolis , notices stating : (1) That Respondent will not engage in conduct-from which it is ordered to cease and desist in Paragraph 1 (a) through (d)-, inclusive; (2) That Respondent will take the affirmative action set forth in Paragraph 2 (a) through (c), -inclusive, of this order; and (3) That Respondent's employees are free to become or remain members of the United Electrical, Radio and Machine Workers of America, C. I. 0., or any other bona fide labor organization of its employees, and that Respondent will not discriminate against any employee because of membership or activity in such organizations. (e) Notify the Regional Director for the Eighteenth Region within ten (10) days of the date of entry of this order by the National Labor Relations Board of the steps which Respondent has taken to- comply herewith. THE MASCO COMPANY, INCORPORATED 347° VIII The parties hereby consent to the entry by any appropriate United States Circuit Court of Appeals, upon application by the Board thereto, of a decree enforcing the order of the Board in the terms set forth above, and waive their rights to contest the entry of such decree, and further, waive any and all require- ments of notice of the filing of such application by the Board, provided that a copy of said decree shall be served upon the ,Respondent after its entry. IX This Stipulation and Agreement is subject to the approval of the Board and shall become effective immediately upon the granting of such approval. X The entire agreement is contained within the terms of this Stipulation, and there is no verbal agreement which varies or alters the terms of this Stipulation. On May 15, 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, transferring the proceedings to the Board, for the purpose of entry, of a decision and order, pursuant to the provisions of said stipulation. Upon the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Respondent is a Minnesota corporation with its principal office and place of business in Minneapolis, Minnesota, where it is engaged in the manufacture, sale, and distribution of hearing aids, group hearing equipment, and related specialty items. During the first 8 months of 1941 it purchased raw materials valued at approximately $115,000, of which more than 50 percent was shipped to the respond- ent's plant in Minnesota from points outside the State. During the same period it sold products valued at approximately '$195,000, of which more than 50 percent was shipped to points outside the State of Minnesota. The respondent admits for the purpose of this pro- ceeding that it is engaged in commerce within the meaning of the Act. 348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that the operations of the respondent constitute a con- tinuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact, the stipulation and agreement, 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, The Maico Com- pany, Incorporated, Minneapolis, Minnesota, its officers, agents, suc- cessors, 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 their mutual aid and protection, as guaranteed in Sec- tion 7 of the National Labor Relations Act. (b) Discouraging membership in United Electrical, Radio and Machine Workers of America, C. I. 0., or any other labor organiza- tion of its employees by discriminating with respect to their hire or tenure of employment or any tenure or-conditions of employment. _ (c) In any manner dominating or interfering with the adminis- tration of the Maico Company Employees' Association, or the forma- tion or administration of any other labor organization of its em- ployees, or contributing financial or other support to said Association or to any other labor organization of its employees. (d) Giving effect to any oral or written contract or agreement executed with the Maico Company Employees' Association, as well as to any extension, renewal, modification, or supplement thereof, and any superseding contract with the said Maico Company Employees' Association which may now be in effect. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Withdraw all recognition from the Maico Company Employees' Association as representative of any of its employees for the' purpose of dealing With respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment, and to completely disestablish the Maico Company Employees' Association as such representative. - (b) Notify the Maico Company Employees' Association in writing that, its contract with said organization is void and of no effect. (c) Make whole Willard Hein, Romain Averill, Leland Severson, and Howard Peterson, and each of them, for any loss of pay they THE MAICO COMPANY, INCORPORATED 349 may have suffered by reason of their discharge, by payment to each, of them of a sum of money equal to the amount which he would normally have earned as wages during the period from date of dis- charge to the date hereof, less his net earnings during such period. Make whole Edward Briscoe for any loss of pay he may have suffered by reason of his layoff from September 26, 1941 to October 13, 1941, by payment to him of the sum of twenty dollars ($20.00). (d) Post immediately upon entry of this order by the National Labor Relations Board, and maintain for a period of at, least sixty (60) consecutive days from the date of posting in conspicuous places at respondent's plant in Minneapolis, notices stating: (1) That respondent will not engage in conduct from which it is ordered to'cease and desist in Paragraph 1 (a) through (d), inclusive; (2) That respondent will take the affirmative action set forth in Paragraph 2 (a) through (c), inclusive, of this order; and ' (3) That respondent's employees are free to become or remain members of the United Electrical, Radio and Machine Workers- of America, C. I. 0., or any other bona fide labor organization of its employees, and that. respondent will not discriminate against any employee because of membership or activity in such organizations. (e) Notify the Regional Director for the Eighteenth Region within ten (10) days of the date of entry of this order by the National Labor Relations Board of the steps which respondent has taken to comply herewith.