Empire Ordinance Corp.

In the Matter of EMPIRE ORDNANCE CORPORATION, THE PENCOYD REALTY CO, INC, ROXBORO STEEL COMPANY, MANAYUNK FORGING CORPORA TION, SCIIUYLKILL MANUFACTURING COMPANY, WISSAHICKON TOOL WORKS, INC and AMERICAN FEDERATION OF GUARDS & POLICE, AFFILI ATED WITH A F OF L Case No C4,211-Decided July 8, 1942 Jurisdiction ordnance manufacturumg industry Settlement - stipulation providing for compliance with the Act Remedial Orders entered on stipulation Mr Geoffrey J Cunniff, for the Board Wolf, Block, Schorr c6 Solis-Cohen, by Mr Samuel A Goldberg, for the respondents Mr James H McHale, Mr Kenneth D Matthews, and Mr Patrick J Hogan, for the Federation Mr Charles W Schneider, of counsel to the Board DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by American Federa- tion of Guards & Police, affiliated with the American Federation of Labor, herein called the Federation, the National Labor Relations Board, herein called the Board, by the Regional Dnector for the Fourth Region (Philadelphia, Pennsylvania), issued its complaint dated May 14, 1942, against Empne Ordnance Corporation, The Pen- coyd Realty Co, Inc, Roxboro Steel Company, Manayunk Forging Corporation, Schuylkill Manufacturing Company, Wissahickon Tool Works, Inc, herein collectively called the respondents, alleging that the respondents had engaged in and were engaging in unfair labor practices affecting commerce Within the meaning of Section 8 (1), (2), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat 449, herein called the Act Copies of the com- plaint, accompanied by notice of hearing, were duly served upon the respondents, the Federation, and also upon Empne Guard Association, 42 N L R B, No 35 156 EMPIRE ORDNANCE CORPORATION 157 herein called the Association, a labor organization alleged in the com- plaint to be dominated and supported by the respondents Concerning the unfair labor practices, the complaint alleged, in substance, that the respondents (1) from about December 1941 to the date of issuance of the complaint urged and persuaded their em- ployees not to become members of the Federation and to abandon their membership therein, attempted to aster tarn which of its employees were engaging in activities on behalf of the Federation, threatened its employees with dire economic consequences if they retained mem- bership in the Federation, dispai aged the Federation, and questioned its employees concerning activities on behalf of the Federation; (2) dominated and interfered with the formation and administration of the Association, contributed financial and other support to it, and permitted solicitation on company time and property for membership in the Association; (3) terminated the employment of Fait Elkins on of about December 29, 1941, because of Elkins' membership in and activity on behalf of the Federation; (4) on and after January 28, 1942, refused to recognize the Federation as the exclusive bargaining representative of its employees in an appropriate unit and refused to bargain collectively with the Federation; and (5) by the foregoing acts interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act On or about May 25, 1942, the respondents filed an answer to the complaint denying that they had engaged in the unfair labor practices Pursuant to notice, a hearing was held on May 28 and 29, 1942, at Philadelphia, Pennsylvania, before Frank A Mouritsen, the Trial Examiner duly designated by the Chief Trial Examiner The Board, , the respondents, and the Federation were represented at and par- ticipated in the hearing 1 At the hearing, the respondents, the Fed- eration, and counsel for the Board entered into a stipulation dated May 29, 1942, subject to the approval of the Board, in settlement of _the case This stipulation provides as follows STIPULATION I WHEREAS a charge and amended charges were duly filed by American Federation of Guards & Police, affiliated with the American Federation of Labor, and the National Labor Relations Boat d, by the Regional Director of the Fourth Region, issued its complaint dated the 14th day of May, 1942 WHEREAS the complaint, accompanied by a notice of hearing, was duly served upon Empire Ordnance Corporation, The Pen- I The Association did not appear 158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD coyd Realty Co, Inc , Roxboro Steel Company, Manayunk Forg- ing Corporation, Schuylkill Manufacturing Company, and Wis- sahickon Tool Works, Inc, alleging that they had engaged in unfair labor practices affecting commerce within the meaning of Section 8, Subsections (1), (2), (3) and (5), and Section 2, Subsections (6) and (7), of the National Labor Relations Act, and said complaint also having been served upon Empire Guards Association, WHEREAS, pursuant to due notice, the hearing was formally opened by Frank A Mouritsen, Trial Examiner duly designated by the National Labor Relations Board, at Philadelphia, Penn- sylvania, on May 28, 1942, at which time Empire Ordnance Cor- poration, The Pencoyd Realty Co, Inc, Roxboro Steel Company, Manayunk Forging Corporation, Schuylkill Manufacturing Company, Wissahickon Tool Works, Inc , the National Labor Relations Board, and American Federation of Guards & Police, affiliated with the American Federation of Labor, appeared by counsel (Empire Guards Association did not appeal), and WHEREAS, although Empire Ordnance Corporation, The Pen- coyd Realty Co, Inc, Roxboro Steel Company, Manayunk Forg- ing Corporation, Schuylkill . Manufacturing Company, and- Wissahickon Tool Works, Inc, `deny that the unfair labor prac- tices alleged in the complaint have been committed, they never- thelessi now loin in this Stipulation, solely for the purposes herein stated, to the end that this matter may be amicably set- tled American Federation of Guards & Police, affiliated with the American Federation of Labor, accepts the provisions here- inafter set forth as full settlement of the matters alleged lit the charge and amended charges heretofore filed by it, Now, THEREFORE, on this 29th day of May, 1942, it is hereby stipulated and agreed by and between Empire Ordnance Corpora- tion, The Pencoyd Realty Co, Inc, Roxboro Steel Company, Manayunk Forging Corporation, Schuylkill Manufacturing Com- pany, Wissahickon Tool Works, Inc, hereinafter refeired to as Respondents; American Federation of Guards & Police, affiliated with the American Federation of Labor, hereinafter referred to as the Union, and Geoffrey J Cunniff, attorney for the National Labor Relations Board, that : - I 1 Respondent Empire Ordnance Corporation is a Delaware corporation duly licensed to do business in the Commonwealth of Pennsylvania, with its principal place of business in Phila- delphia, Pennsylvania, engaged in the manufacture and sale of EMPIRE ORDNANCE CORPORATION -159 guns and other ordnance Its principal raw materials are steel forgings For ,the past year its purchases were in excess of $100,000, which principally came fiom Respondent Manayunk Forging Corporation Its sales for the past year were in excess of $100,000, more than W per cent of which were, after final assem- bly, shipped to points outside the Commonwealth of Pennsylvania 2 Respondent The Pencoyd Realty Co, Inc, is a Delaware corporation duly licensed to do business in the Commonwealth of Pennsylvania, with its principal place of business in Phila- delphia, Pennsylvania, engaged in leasing the premises and ma- chines to the other Respondents heiein, among others 3 Respondent Roxboio Steel Company is a Delawaie cor- poration duly licensed to do business in the Commonwealth of Pennsylvania , with its principal place of business in Philadelphia, Pennsylvania, engaged in the manufacture and sale of steel- Its principal raw materials are iron and other alloys going into the manufacture of steel For the past year its purchases of said raw materials were in excess of $100,000, over 50 per cent of- which came fiom States of the United States other than the Common- wealth of Pennsylvania Its sales for the past year were in excess of $100,000, more than 50 per cent of which were, after final fabiication , shipped to points outside the Commonwealth of Pennsylvania ' 4 Respondent Manayunk Foiging Coiporation is a Delaware corporation duly licensed to do business in the Commonwealth of Pennsylvania , with its piincipal place of business in Philadelphia, Pennsylvania, engaged in the manufacture and sale of steel forg- ings Its iaw materials are principally the steel purchased from Respondent Roxboio Steel Company For the past year its pur- chases of said raw materials were in excess of $100 ,000 Its sales for thepast year were in excess of $100,000, over 50 per cent,of which were, after final fabrication, shipped to points outside the Commonwealth of Pennsylvania 5 Respondent Schuylkill Manufacturing Company is 'a Penn- sylvania corporation , with its principal place of business in Mont- gomery County, Pennsylvania, which, although presently idle, is noimally engaged in the business of manufacturing and assem- binig guns Its principal materials are the gun parts and products obtained from Respondent Empire Ordnance Corporation For the past year its purchases of said materials were in excess of $10,000 Its sales for the past year were in excess of $10,000, more than 50 per cent of which were shipped, when finally assembled and fabricated, to points outside the Commonwealth of Penn- sylvania 0 160 P DECISIONS OF NATIONAL LABOR RELATIONS BOARD 6 Respondent Wissahickon Tool `Works, Inc, is a Delaware corporation duly licensed to do business in the Commonwealth of Pennsylvania, with its principal place of business in Montgomery County, Pennsylvania, engaged in the business of manufacturing and selling recoil mechanisms to form parts of guns Its prin- cipal iaw material is fabricated steel For the past year its pur- chases of said materials were in excess of $100,000, over 50 per cent of which came from States of the United States other than the Commonwealth of Pennsylvania Its sales for the past year were in excess of $100,000, the greater part of which were to Re- spondent Empire Ordnance Corporation 7 For the purposes of this `proceeding the Respondents admit that their operations affect commerce nnithin the meaning of Sec- tion 2, Subsections (6) and (7) of the National Labor Relations Act 8 On or about January 28, 1942, the employees hereinafter described as constituting an appropriate bargaining unit, were employees of the Respondent The Pencoyd Realty Co, Inc, and at the present time are employees of Respondents Empire Oid- nance Corporation and Wissahickon Tool Works, Inc, but may in the future become employees of any of all of the Respondents 9 The employees heiernafter described as constituting an ap- propriate bargaining unit are classified as guards and, although presently employed by Respondents Empire Ordnance Corpora- tion and Wissahickon Tool Works, Inc, are engaged in the pro- tection of the plants and property of all of the Respondents, for which service Respondents Manayunk Forging Corporation, Rox- boro Steel Company, Schuylkill Manufacturing Company, and The Pencoyd Realty Co, Inc, pay a fee to Respondents Empire Ordnance Corporation and Wissahickon Tool Works, Inc II 1 American Federation of Guards & Police, affiliated with the Ameiican Federation of Labor, is a labor organization within the meaning of Section 2, Subsection (5) of the National Labor Relations Act 2 Empire Guards Association, an unaffiliated labor organiza- tion, is a labor organization within the meaning of Section 2, Subsection (5) of the National Labor Relations Act III This Stipulation, together with the Second Amended Charge, Complaint, Notice of Hearing, and Affidavit as to Service of Com- a EMPIRE ORDNANCE CORPORATION 161 plaint and Notice of Hearing, may be introduced as evidence by filing them with the Chief Trial Examiner of the National Labor Relations Board, designated by the said Boaid, at Washington, D C All the parties hei eto waive their right to a hearing, to the mak- ing of findings of fact and conclusions of law by the National Labor Relations Board herein, and to any other or further pro- cedure before said Boaid, and agree that the Second Amended Charge, Complaint, Notice of Heaimg, Affidavit as to Service of said Complaint and Notice of Hearing, and this Stipulation, shall constitute the entire record in this case and shall dispense with the necessity for the hearing provided for in the said Com- plaint and Notice of Heaiing This record shall be filed with the National Labor Relations Board by transmitting the same to the Chief Trial Examiner of the said Board at Washington, D C IV All employees employed by Respondents Empire Ordnance Corporation and Wissahickon Tool Works, Inc , as guards en- gaged in plant protection, excluding the captain, lieutenants and sergeants, constitute a unit appropriate for the purposes of col- lective baigaining within the meaning of Section 9 (b) of the National Labor Relations Act V On or about January 28, 1942, and at all times thereafter, the majoiity of the employees in the unit set forth in paragraph IV, above, designated the Union as their representative for the pur- poses of collective bargaining, and since said date the Union has been, and still is, the exclusive representative of all the employees in said unit by virtue of Section 9 (a) of the National Labor Relations Act VI Upon the entire record heieui, including this Stipulation, an order may forthwith be entered by the National Labor Relations Board, as follows Respondents Empire Oidnance Corporation and Wissahickon Tool Works, Inc., their officers, agents, successors and assigns, shall 1 Cease and desist' (a) From in any mannei dominating or interfering with the administration of Empire Guaids Association, with the foimation or administration of any other labor organization of their em- 472814-42-von 42-11 162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees, and from contributing aid or support to said oranza- tion; from recognizing or dealing in any manner with Empire Guards Association or any successor thereto or any group that purports to represent said organization, with respect to wages, hours, working conditions, or other conditions of employment; and from forming or maintaining any groups of designating any individuals to act as the representatives of then employees for the purpose of collective bargaining respecting any of then terms or conditions of employment, (b) From in any manner inter fei ing ww ith, i esti airing of coei c- ing their employees in the exeielse of their rights to self-oiganiza- 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 purposes of collective bargaining or other mutual aid of protection a5 'guaranteed in Section 7 of the National Labor Relations Act; (c) Flom discouraging membeiship-in the American Federa- tion of Guaids & Police, affiliated with the American Federation of Labor, of any other labor organization of then employees, by discri i natiig against employees in respect to hne'oi tenure of employment or any condition of employment in any other manner (d) Fiom refusing to bargain collectively with the Union, or its representatives, as the exclusive representative of all'the' em- ployees employed by Respondents Empire Oi. dnance Corporation and Wissahickon Tool Works, Inc, as guards engaged in plant protection, excluding the captain, lieutenants and sergeants 2 Take the following affirmative action in older to effectuate the purposes of the Act (a) Withdraw all iecognition from Empire Guards Associa- tion as the representative of its employees or any of them for the purpose of dealing with Respondents concerning grievances, labor disputes, wages, hours of employment, of other conditions of em- ployment, and disestablish said Empire Guards Association as the representative of its employees; , (b) Inform in writing each and every one of the officers of the Empire Guards Association that Respondents will not deal with or recognize the said Empire Guards Association regarding any matter connected with or relating to grievances, labor disputes, wages; hours of employment or other conditions of employment ; (c) Inform all of their' officers, agents, foremen and other super- visory employees that they shall not threaten employees in any manner because of their membership in any labor organization in general or the American Federation of Guards & Police, affil- iated with the American Federation of Labor, in particular; EMPIRE ORDNANCE CORPORATION 163 (d) The sum of $165 shall be paid to Fait Elkins by Respondent Empire Ordnance Coiporation of by Respondent Wissahickon Tool Woiks, Inc, of by both divided in such piopoitions as the two Respondents may agree, and because the said Fait Elkins does not desire ieinstatement, no` reinstatement shall be requited, (e) Upon request baigain collectively with the American Fed- eiation of Guaids & Police, affiliated with the Ameiican Federa- tion of Laboi, as the exclusive representative of all the employees employed by Respondents Empire 'Ordnance Corporation and Wissahickon Tool Woiks, Inc, as guards engaged in plant pio- tection, excluding the captain, lieutenants and seigeants, with respect to i ates of pay, hours of employment, and othei conditions of employment, (f) Post immediately in conspicuous places at their various plants, and maintain for a period of sixty (60) consecutive days from the date of posting, notices to their employees stating (1) that the Respondents Empire Ordnance Corporation and Wissa- hickon Tool Works, Inc, will not engage in the conduct fi om which they are oideied to cease and desist in paragraph 1 (a), (b), (c) and (d), (2) that the Respondents Empire Ordnance Corpo- iation and Wissahickon Tool Woiks, Inc , will take the afflima- tive action set foith in paragi aph 2 (a), (b), (c), and (e), and (3) that the Respondents'- employees are free to become of i emaut members of the Ameiican Federation of Guards & Police, affili- ated with the Ametican Federation of Labor, or any other labor oiganization, and Respondents Empire Ordnance Corporation and Wissahickon Tool Woiks, Inc , will' not discriminate against any employee because of membership or activity in that organi- zation or any other such organization; (g) Notify the Regional Director of the Fourth Region, in writing, within ten (10) days of the oider of the National Labor Relations Board, what steps have been taken to comply therewith VII Upon application by the National Labor Relations Board, with- out further notice to the parties, the United States Circuit Court of Appeals foi the Third Circuit, or any other appropriate Court as provided for in Section 10 (c) of the National Labor Relations Act, may enter a decree 'embodying substantially the above order of the National Labor Relations Board, and the patties hereto expressly waive then right to contest the entry,of such decree and further expressly waive any right to receive notice of the filing by the National Labor Relations Boaid of the application for entry of such decree 164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VIII If at any time subsequent to the execution of this Stipulation Respondents The Pencoyd Realty Co, Inc, Schuylkill Manufac- turing Company, Manayunk Forging Corporation, or Roxboro Steel Company, parties heieto, become the employer of employees as described in paragraph IV, above, then it is expressly stipulated and agreed that the order and decree entered pursuant to this Stipulation, with the exception of paragraph 2 (d) of the order and that part of the decree based thereon, shall automatically embrace and include said Respondent or Respondents IX The entire agreement between the parties is contained in this Stipulation, and there is no verbal agreement of any kind which varies, alters or adds to this Stipulation. X This Stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon such approval. On June 29, 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, ti ansferring 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 makes the following . FINDINGS OF FACT I THE BUSINESS OF THE RESPONDENTS Empire Ordnance Corporation is a Delaware coiporation duly licensed to do business in the Commonwealth of Pennsylvania, with its principal place of business in Philadelphia, Pennsylvania, en- gaged in the manufacture and sale of guns and other ordnance. Its principal raw materials are steel forgings' For the past year its pur- chases were in excess of $100,000, which principally came from the respondent Manayunk Forging Corporation Its sales for the past year were in excess of $100,000, more than 50 percent of which was, after final assembly, shipped to points outside the Commonwealth of Pennsylvania. EMPIRE ORDNANCE CORPORATION 165 The Pencoyd Realty Co, Inc, is a Delaware corporation duly li- censed to do business in the Commonwealth of Pennsylvania, with its principal place of business in Philadelphia, Pennsylvania, engaged in leasing the premises and machines to the other respondents herein, among others Roxboro Steel Company is a Delaware corporation duly licensed to do business in the Commonwealth of Pennsylvania, with its prin- cipal place of business in Philadelphia, Pennsylvania, engaged in the manufacture and sale of steel Its principal raw materials are iron and other alloys going into the manufacture of steel. For the past year its purchases of said raw materials were in excess of $100,000, oyer 50 percent of which came from States of the United States other than the Commonwealth of Pennsylvania. Its sales for the past year were in excess of $100,000, more than 50 percent of which was, after final fabrication, shipped to points outside the Commonwealth of Pennsylvania. Manayunk Forging Corporation is a Delaware corporation duly licensed to do business in the Commonwealth of Pennsylvania, with its piincipal-place of business in Philadelphia, Pennsylvania, engaged in the manufacture and sale of steel forgings Its raw materials aie principally the steel purchased from the respondent Roxboro Steel Company. For the past year its purchases of said raw materials were in excess of'$100,000 Its sales for the past year were in excess of $100,000, over 50 percent of which was, after final fabrication, shipped to points outside the Commonwealth of Pennsylvania. Schuylkill Manufacturing Company is a Pennsylvania corporation, with its principal place of business in Montgomery County, Penn- sylvania, which, although presently idle, is normally engaged in the business of manufacturing and assembling guns Its principal ma- teiials are the gun parts and products obtained from the respondent Empire Ordnance Corporation For the past year its purchases of said mateiials were in excess of $10,000 Its sales for the past year were in excess of $10,000, more than 50 percent of which was shipped, when finally assembled and fabiicated, to points outside the Com- monwealth of Pennsylvania Wissahickon Tool Works, Inc , is a Delaware corporation duly li- censed to do business in the Commonwealth of Pennsylvania, with its principal place of business in Montgomery County, Pennsylvania, engaged in the business of manufacturing and selling recoil mecha- nisms to form paits of guns Its principal raw material is fabricated steel For the past year its purchases of said materials weie in excess of $100,000, over 50 percent of which came from States of the United States other than the Commonwealth of Pennsylvania Its sales for 166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the past year were in excess of $100,000, the greater part of which were to the respondent Empue Ordinance Corporation The respondents admit for the purposes of this proceeding that their operations affect commerce within the meaning of Section 2 (6) and (7) of the Act We find that the above-described operations of the respondents, jointly-and severally, constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact, the 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 respondents, Empire Ordnance Corporation, Phila- delphia, Pennsylvania, and Wissahickon Tool Works, Inc, Mont- gomery County,, Pennsylvania, their officers, agents, successors, and assigns shall 1 Cease and -desist (a) From in any manner dominating or interfering with the ad- ministration of Empue Guards Association, with the formation or ad- ministration of any other labor organization of their employees, and from contributing aid of support to said organization; from recogniz- ing or dealing in any manner with Empire Guards Association or any successor thereto or any group that purports to represent said organi- zation, with respect to wages, hours, working conditions, or other conditions of employment, and from forming of maintaining any groups or designating any individuals to act as the i epi esentatives of their employees for the purpose of collective bargaining respecting any of their terms or conditions of employment; (b) From in any manner interfering with, restraining or coercing their employees in the exercise of their rights to self-organization, to form, join or assist labor organizations, to baigain collectively through representatives of their own choosing, and to engage in con- certed activities for the purposes of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act, (c) From discouraging membership in the American Federation of Guards & Police, affiliated with the American Federation of Labor, or any other labor organization of their employees, by dis- criminating against employees in respect to hire or tenure of employ- ment or any condition of employment in any other manner; (d) From refusing to bargain collectively with the Union, or its representatives, as the exclusive representative of all the employees EMPIRE ORDNANCE CORPORATION 167 ,employed by Respondents Empire Oidnance Corporation and Wis- sahickon Tool Woiks, Inc, as guards engaged in plant protection, excluding the captain , lieutenants and sergeants. 2. Take the following affirmative action in order to effectuate the puiposes of the Act: (a) Withdraw all recognition from Empire Guards Association as the representative of its employees or any of them for the purpose of dealing with Respondents concerning grievances, labor disputes, wages, hours of employment , or other conditions of employment, and disestablish said Empire Guards Association as the representative of its employees, (b) Inform in writing each and every one of the officers of the Empire Guards Association that Respondents will not deal with or recognize the said Empire Guards Association regarding any matter connected with or relating to grievances, labor disputes, wages, hours of employment of other conditions of employment; (c) Inform all of their officers, agents , foremen and other super- visory .employees that they shall not threaten employees in any manner because of their membership in any labor organization in general or the' American Federation of Guards & Police, affiliated with the American Federation of Libor, in particular , (d) The sum of $165 shall be paid to Fait Elkins by Respondent Empire Oidnance Corporation or by Respondent Wissahickon-Tool Works, Inc, or by both divided in such proportions as the two Re- spondents may agree, and because the said Fait Elkins does not desire i ern statement, no i enistatement shall be required, (e) Upon request bargain collectively with the American Federa- tion of Guards & Police, affiliated with the American Federation of Labor, as the exclusive representative of all the employees employed by Respondents Empne Oi dnance Corporation and Wissahickon Tool Woi ks, Inc , as guards engaged in plant pi otection, excluding the captain, lieutenants and sergeants, with respect to rates of pay, hours of employment, and other conditions of employment, (f) Post immediately in conspicuous places at their various plants, and maintain for a pei iocl of sixty (60) consecutive days from the date of posting, notices to their employees stating (1) that the Respondents Empire Ordnance Corporation and Wissahickon Tool Works, Inc, will not engage in the conduct from which they are ordered to cease and desist in paragraph 1 (a), (b), (c) and (d), (2) that the Respondents Empne Ordnance Corporation and Wissa- hickon Tool Works, Inc, will take the affirmative action set forth in paragraph 2 (a), (b), (c), and (e), and (3) that the Respond- ents' employees are free to become or remain members of the Ameri- 168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD can Federation of Guards & Police, affiliated with the American Federation of Labor, or any other labor organization, and Respond- ents Empire Ordnance Corporation and Wissahickon Tool Works, Inc , will not discriminate against any employee because of member- ship or activity in that organization or any other such organization; (g) Notify the Regional Director of the Fourth Region, in wilting, within ten (10) days of the order of the National Labor Relations' Board, what steps have been taken to comply therewith