Oklahoma Tire & Supply Co.

In the Matter Of OKLAHOMA TIRE & SUPPLY COMPANY and INTER- NATIONAL BROTHERHOOD OF TEAMSTERS , 'CHAUFFEURS, WAREHOUSE- MEN & HELPERS OF AMERICA, LOCAL No 523. In the Matter Of OKLAHOMA TIRE &'SUPPLY COMPANY and AMERICAN FEDERATION OF OFFICE EMPLOYEES INTERNATIONAL COUNCIL, LOCAL UNION No. 22071 Cases Nos C-22,59 and C-2,33, respeetavely-Decided July 2, 1912 Jurisdiction : automobile supplies vvholesahng and ietailing industry Settlement : stipulation providing for-compliance with the Act Remedial Orders - entered on stipulation Mr. Elmer P. Davis, for the Board. Mr. Floyd L. Rheam and Mr Samuel H. Minsky, of Tulsa, Okla, for the respondent Mr. Jess W. Caldwell and Mr Hugh D Spinks. of Tulsa, Okla. for the Unions. Miss Melvern R Krelow, of counsel to the Board DECISION AND ORDER STATEMENT OF THE CASE Upon charges filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local No 523, and by American Federation of Office Employees International Coun- cil, Local Union No 22071, herein called the Unions, the National Labor Relations Board, herein called the Board, by the Regional Director for the Sixteenth Region (Fort Worth, Texas), issued its complaint dated May 28, 1942, against Oklahoma Tire & Supply Company, Tulsa, Oklahoma, 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 Re- lations Act, 49 Stat 449, herein called the Act. Copies of the com- plaint accompanied by a notice of hearing were duly served upon the respondent and the Unions. 42NLRB,No3 6 OKLAHOMA TIRE & SUPPLY COMPANY 7 Concerning the unfair labor practices, the complaint alleged, in sub- stance, that the respondent (1) fi om on or about July 25, 1941, made disparaging and belittling iemaiks about the Unions, or one of them; interrogated its employees concerning their union affiliation; stated, in substance, that it felt that the "boys" were doing it "wrong" by joining the Unions; inquned concerning the extent of organization and activities of the Unions; suggested that its employees go to the Company lather than the Unions, or one of them, for assistance, inquired about and concerning the identity of the organizers of the Unions, threatened and warned its employees to refrain from as- sisting, becoming members of, or remaining members of-the Unions; on or about August 21, 1941, published an article which was dis- couraging, threatening, and belittling to the members of the Unions, or one of them; (2) discouraged membership in the Unions by dis- charging on or about July 28, 1941, W C Sneed, Jr and J. D Dunn, and thereafter refused to reinstate J. D Dunn, because they, and each of them, joined and assisted the Unions, or engaged in other conceited activities for the purposes of collective bargaining or other mutual aid or protection, (3) on or about September 19, 1941, caused to be written a letter over the signature of J. D. Dunn withdrawing, or purpoiting to withdraw, charges against the respondent without the knowledge, consent or approval of the Unions, or of the Board; (4) on or about September 24, 1941, reinstated W C Sneed, Jr, but on the same day caused a letter to be written over the signature of the said W C Sneed, Jr, ww itlidi awing, or purporting to with- draw, charges against said respondent, and on or about -the same date, caused W C Sneed, Jr, by thieats, coercion, and intimidation to entei into a so-called "Settlement Agreement" without the knowl- edge, consent, or approval of the Union, or of the Board, and (5) by the foregoing acts inter fei ed , with, resti aired and coei ced its em- ployees in the exercise of the rights guaianteed in Section 7 of the Act Theteaftei, the respondent filed its answer to the complaint which denied that the respondent had engaged in the alleged unfair labor practices and set forth certain affirmative defenses Pursuant to notice, a hearing was held on June 11, 1942, at Tulsa, Oklahoma, before James C Batten, the Trial Examiner duly desig- nated by the Chief Trial Examiner The Board and the respondent were represented and participated in the hearing i After the close of the hearing, the iespondent and counsel for the Board entered into a stipulation, filed June 13, 1942, in settlement of the case, sub- ject to the approval of the' Board This stipulation provides as follows 1 Although the Unions were seived with notice , they did not appear at the hearing 8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD It is hereby stipulated and agreed by and between Oklahoma Tire & Supply Company, hereinafter called Respondent, and Elmer P Davis, Attorney, National Labor Relations Board, that: 1. Upon charges filed by the AMERICAN FEDERATION OF OFFICE EMPLOYEES INTERNATIONAL COUNCIL, LOCAL UNION NO 22071, and INTERNATIONAL BROTH- ERHOOD OF TEAMSTERS, CHAUFFEURS, WARE- HOUSEMEN & HELPERS OF AMERICA, LOCAL UNION NO 523, hereinafter called the Unions, the National Labor Re- lations Boaid, hereinafter called the Boaid, by the Regional Director for the SIXTEENTH REGION, acting pursuant to authority granted in Section 10 (B) of the National Labor Re- lations Act, 49 Stat 449, hereinafter called the Act, and pur- suant to Article 2, Section 5, and Article 4, Section 1 of the National Labor Relations Board iules and regulations, Seiies Two, as amended, the Board having entered its oidei consoli- dating the cases for purposes of hearing, duly issued a com- plaint and notice of heaiing thereon on May 28, 1942, against the Respondent The Respondent and the Board were present, represented by counsel on the day of the hearing, but the charg- ing unions having been duly served with the complaint and no- tice of hearing by iegistered mail, appeaied not 2 The Respondent, Oklahoma Tire & Supply Company, is a Delaware corporation, having permits to do business within the States of Oklahoma, Kansas, Missouri and Arkansas 3 The Respondent is engaged in the business of wholesaling and retailing automobile supplies, electrical appliances, sporting goods, and related goods and merchandise 4. In effecting the sale and distiibution of the goods and mer- chandise referred to in Paragraph 3 above, the Respondent owns and operates 48 retail stores within the States of Oklahoma, Kansas, Missouri, and Arkansas, and a warehouse in the City of Tulsa, Oklahoma, from which warehouse said goods and mer- chandise are distributed to its various stores within the states above mentioned 5 In addition to the 48 retail stores above referred to, the Respondent has a working agreement with what is known as the Oklahoma Tire & Supply Company Associated Stores, which stores buy all or substantially all of the goods and merchandise sold by them from the Oklahoma Tire & Supply Company, and said goods and merchandise are distributed from the warehouse of the Respondent in Tulsa, Oklahoma There are 55 associated stores. OKLAHOMA TIRE & SUPPLY COMPANY 6 During the year 1940, the Respondent purchased goods and merchandise above referred to valued at approximately $2,285,000, eighty per cent of which was purchased in states other than the State of Oklahoma, from which distribution was made to its various stores and associated stores in the manner above set forth During the year 1940, the Respondent sold goods and mer- chandise through its 48 retail stores valued at approximately $3,675,000, and sold within the same year goods and merchandise to its associated stores valued at approximately $390,000, all of which represents the approximate normal business of the Re- spondent and associated stores from year to year, including the year 1941 and the year 1942 up to and including June 1. 7 The Respondent admits that it is engaged in "commerce" and that its business affects "commerce" within the meaning of Section 2, subsections (6) and (7), of the National Labor Rela- tions Act 8 It is further stipulated by the Respondent that all motions filed by it may be considered as withdrawn upon the approval of this Stipulation by the Board and all parties hereto expressly waive further pleadings, their right to further hearing herein and to the making of findings of fact and conclusions of law by the Boaid as set forth in Section 10 (B) and (C) of the Act. 9 The complaint, notice of hearing, the charges filed by the Union herein, the order of the Board consolidating the cases for purposes of heai ing, the answer, and all exhibits thereto, of the Respondent, together with this Stipulation, shall constitute the entire record in the case, and may be filed with the Chief Ti ial Examiner of the National Labor Relations Board 10. It is stipulated that the Respondent is not by anything contained herein admitting or acknowledging having indulged or committed any unfair labor practice of any nature whatso- ever. 11 I This Stipulation is subject to the approval of National Labor Relations Board and upon appioval the Board may enter an order to the following effect a. The Respondent, its officers, agents, successors and assigns shall refrain' from (1) Interrogating its employees concerning or about their union affiliation or activities in behalf of any union; (2) Suggesting to its employees that they should go to the company rather than to the Unions; (3) Making inquiries about of concerning the identity of the organizers of any unions; 10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (4) Threatening or warning its employees to refrain from assisting, becoming members of or remaining members of said unions; (5) Discouraging membership in the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA and the AMERICAN FEDERATION OF OFFICE EMPLOYEES INTERNATIONAL COUNCIL or any other labor organization of its employees by discharging or refusing to reinstate any of its employees or in any other manner discriminating in regard to their hire or tenure of employment, or any term or condition of their employment; (6) In any other manner interfering with, restraining or co- ercing employees in the exercise of their right to set up organi- zations, 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 bar- gaining or other mutual aid or protection as guaranteed in Sec- tion 7 of the National Labor Relations Act- II. The Respondent, its officers, agents, successors and assigns shall take the following affirmative action which will effectuate the policies of the National Labor Relations Act • a. Offer to W C. Sneed, Jr., and J. D. Dunn immediate and full reinstatement to their former or substantially equivalent positions, without prejudice to their seniority and other rights and privileges. b. Make whole J D Dunn for any loss of pay he may have suf- fered by reason of his discharge by payment to him of the sum of $11100 c Post immediately in a conspicuous place at its warehouse in, Tulsa, Oklahoma, and maintain for a period of at least sixty (60) consecutive days from the date of posting a notice to its employees in the following form. "NOTICE TO EMPLOYEES OF THE OKLAHOMA TIRE & SUPPLY COMPANY" The Oklahoma Tire & Supply Company will refrain from : 1 Interrogating its employees concerning or about their union affiliation or activities in behalf of any union, 2. Suggesting to its employees that they should go to the com- pany rather than to the Unions; 3. Making inquiries about or concerning'the identity of the organizers of any unions; 4. Threatening or warning its employees to refrain from assist- ing, becoming members of or remaining members of said unions; OKLAHOMA TIRE & SUPPLY COMPANY 11 5 Discouraging membership in the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA and the AMERICAN FEDERATION OF OFFICE EMPLOYEES INTERNATIONAL COUNCIL or any other labor organization of its employees by discharging or refusing to reinstate any of its employees or in any other manner disciiminating in regard to their hire or tenure of employment, or any term or condition of their employment; 6 In any other manner interfering with, restraining or coerc- ing employees in the exercise of their right to set up organiza- tions, 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 collec- tive bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. OKLAHOMA TIRE & SUPPLY COMPANY? By: -----------------------------, President. d Notify the Regional Director for the Sixteenth Region in writing within, ten (10) days fiom the date of this order of the steps the Respondent has taken to comply herewith. 12 It is further stipulated and agreed that the Tenth Circuit Court of Appeals of the United States may upon application by the Board enter its decree enforcing the order of the Board in the form above set forth and the Respondent hereby waives its rights to contest the entry of any such decree and its right to receive notice of the filing of an application for the entry of such decree. 13 This Stipulation contains the entire agreement between the parties hereto. On June 22, 1942, the Board issued its order approving the above stipulation, making it a part of the record in the case, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferred the proceeding to the Board for the purpose of entry of a Decision and Order by the Board pursuant to the provisions of the stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board make the following FINDINGS OF FACT I THE BUSINESS OF THE RESPONDENT Oklahoma Tire & Supply Company, a Delaware corporation hav- ing permits to do business within the States of Oklahoma, Kansas. 12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Missouri, and Arkansas, is engaged in the business of wholesaling and retailing automobile supplies, electric appliances, sporting goods, and related goods and merchandise - The iespondent owns and oper- ates 48 retail stores -within the States of Oklahoma, Kansas, Missouri, and Arkansas, and a warehouse in the city of Tulsa, Oklahoma, from which warehouse said goods and merchandise aie distributed to its various stores within the States above mentioned In addition to the 48 retail stores iespondent has a woiking agieement with what is known as the Oklahoma Tiie and Supply Company Associated Stoles, which stores buy all, of substantially all, of the goods and merchan- dise^ sold by them from the respondent and said goods and meichan- dise are distributed fiom the warehouse of the iespondent in Tulsa, Oklahoma There aie 55 associated stores During 1940,, the ie- spondent purchased goods and merchandise valued at approximately $2,285,000, of which 80 percent was purchased in States other than the State of Oklahoma, from which distribution was made to its various stores and associated stoies in the mannei above set forth During the same period, the respondent sold goods and meichandise through its 48 retail stoies valued at approximately $3,675.000, and sold within the same year goods and meichandise to its associated stores valued at appioximately $390,000, all of which represents the approximately noimal business of the respondent, and associated stores from year to year, including the year 1941 and the year 1942, up to and including June 1 The respondent admits that it is engaged in coinmeice within the meaning of the Act We find that the above-desciibed operations constitute a continu- ous flow of trade, traffic, and coinmeice among the seveial States ORDER Upon the basis of the above findings of fact, stipulation and the entire recoid in the case, and pursuant to Section 10 (c) of the Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that the Oklahoma Tire & Supply Company, Tulsa, Oklahoma, its officeis, agents, successors, and assigns shall 1 Refrain from (a) Interrogating its employees concerning or about their union affiliation or activities in behalf-of any union; (b) Suggesting to its employees that they should go to the com- pany rather than to the Unions; (c) Making inquiries about or concerning the identity of the of - ganizers of any unions; (d) Threatening or warning its employees to refrain from assist- ing, becoming members of or remaining members of said unions; OKLAHOMA TIRE & SUPPLY COMPANY 13 (e) Discouraging member ship in the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE- HOUSEMEN & HELPERS OF AMERICA and the AMERICAN FEDERATION OF OFFICE EMPLOYEES INTERNATIONAL COUNCIL of any other labor oigamzation of its employees by dis- chaiging oI iefusing to ieinstate any of its employees or in any other manner (discriminating in iegaid to their hue or tenure of employ- ment of any terns or condition of their employment, (f) In any other manner interfering w ith, restraining or coercing employees in the exercise of their right to set up oiganizations, to form, loin or assist labor organizations, to baigain collectively through representatives of their own choosing and to engage in con- certed activities for the puiposes of collective bargaining or other mutual aid or protection as guaianteed in Section 7 of the National Labor Relations Act 2 Take the following affirmative action to effectuate the policies of the National Labor Relations Act (a) Offer to W C Sneed Ji , and J D Dunn immediate and full ieinstatement to then foimer or substantially equivalent posi- tions, without piejuclice to then senioiity and otliet rights and pi ivileges , (b) Make whole J D Dunn foi any loss of pay lie may have suffered by season of his discharge by payment to him of the sum of $111.00, (c) Post immediately in a conspicuous place at its warehouse in Tulsa, Oklahoma, and maintain foi a peilod of at least sixty (60) consecutive days from the (late of posting a notice to its employees in the following foam "NOTICE TO EMPLOYEES OF THE OKLAHOMA TIRE SUPPLY COMPANY" The Oklalionia Tiie R Supply Company,will iefi ain from 1 Inteiiogating its employees concerning or about their union affiliation or activities in behalf of any union, 2. Suggesting to its employees that they should go to the coin- pany rather than to the Unions, 3 Making inquiries about or concerning the identity of the organizers of any unions, 4 Thieatemng oI warning its employees to refrain fiom as- sisting, becoming members of of iemainnmg menibeis of said unions, 5 Discoui aging membership in the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA and the 14 DECISIONS OF NATIONAL LABOR RELATIONS,BOARD AMERICAN FEDERATION OF OFFICE EMPLOYEES INTERNATIONAL COUNCIL or any other labor organiza- tion of its employees by discharging or refusing to reinstate any of its employees or in any other manner discriminating in regard to their hire or tenure of employment, or any term or condition of their employment; 6 In any other manner interfering with, restraining or coercing employees in the exeicise of their right to set up organ- izations, 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 bar- gaming or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. OKLAHOMA TIRE & SUPPLY COMPANY, By , President. (d) Notify the Regional Director for the Sixteenth Region in writing within ten (10) days from the date of this order of the steps the respondent has taken to comply herewith.