Marietta Manufacturing Co.

In the Matter Of MARIETTA MANUFACTURING COMPANY and UNITED STEELWORKERS OF AMERICA LOCAL 23281 Case No. C-2217.-Decided July 18, 1942 Jurisdiction : shipbuilding industry Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation - Mr Philip G Phillips and Mr Thomas E Shroyer, for the Board. Mr J T Weissenburger and Mr. William H. Bard-in of Point Pleasant, W Va , for the respondent Mr William Mackey, by Mr Joseph La Morte, and Mr William Edwards, Jr , of Charleston, W. Va., for the Union Mr Bertram Diamond, of counsel to the Board DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Steel- workers of America, Local 2328, herein called the Union, the Na- tional Labor Relations Board, herein called the Board, by the Regional Director for the Ninth Region (Cincinnati, Ohio), issued its com- plaint, dated April 10, 1942, against Marietta Manufacturing Com- pany, Point Pleasant, West Virginia; herein called the respondent, alleging that the respondent had engaged 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 Rela- tions Act, 49 Stat 449, herein called the Act Copies of the complaint, accompanied by notices of heating thereon, were duly served upon the respondent and the Union. With respect to the unfair labor practices, the complaint alleged in substance that the respondent (1) since about December 1, 1940, engaged in a plan and continuous course of conduct which has inter- fered with, restrained, and coerced its employees by (a) making disparaging and discriminatory "remarks about the Union; (b) in- I By stipulation, it was agreed to substitute the above name for Steel Workers Organiz- Ing Committee, Local 2328, C I 0 42 N L R B, No 124 611 612 P DECISIONS OF NATIONAL LABOR RELATIONS BOARD quiring of its employees concerning their union affiliation, (c) engag- ing in surveillance of meetings of the Union, (d) employing spies to keep it informed of the membership in and activities of the Union; (e) attempting to induce members to resign from the Union by con- ditioning their i eemployment upon such w ithdi awal , (f) stating to its employees that the respondent would cease operating the plant if the Union succeeded ii oiginizing the employees, (g) infoiming its employees that the Union would involve them in stakes and violence, while, without a union, their future would be secuie; (h) uiging, persuading, and warning its employees to iefiain from becoming, or remaining, membei s of the Union, (2) at specified times dui ring 1940 and 1941, discharged or laid off and refused to reinstate Richard Fowler, R E Rothgeb, William Davis, H C Cooper, Reuben Gaskins, Grover C Fowler, Charles Stephenson, Lewis Bass, Hoy Jones, Gilbert Deweese, and H E Holcomb, because of then membei ship and activ- ity in the Union, (3) on of about April 8, 1941, discharged and re- fused to reinstate Ell Risei, because of his membership and activity in the Union; (4) on or about April 14, 1941, discharged and refused to reinstate Dallas Moss, Gus Spencer, Hayward Knotts, Harry Stutlei, John Stutler, Louis Hurley, and Lonnie Rayburn, because they engaged in a stake winch occurred as a consequence of the aforementioned alleged unfair labor practices, (5) on or about Feb- ruary 9, 1942, refused employment to Thornton Smith because of his activities and membership in the Union On April 23, 1942, the respondent filed its answer in which it ad- mitted some of the allegations in the complaint, but denied that it had engaged in any unfair labor practices Pursuant to notice, a hearing was held at Gallipolis, Ohio, from April 23 to April 26, 1942, before George Bokat, the Trial Examiner duly designated by the Chief Trial Examiner The Board and the respondent were represented by counsel and the Union by its repre- sentatives, and all parties participated in the hearing Thereafter, on June 5, 1942, Trial Examiner Bokat duly issued and caused to ,be served upon the parties his Intermediate Report. On June 6, 1942, the respondent, the Union, and the Regional Director for the Ninth Region entered into a stipulation in settle- ment of the case. This stipulation provides as follows : A Trial Examiner of the National Labor Relations Board, hereinafter called the Board, having duly issued on June 5, 1942, his intermediate Report in the above entitled matter, and it being the desire of the parties hereto to dispose of the matters involved by mutual agreement and the parties hereto having this day en- tered into a Settlement Agreement disposing of the matters arising under the Intermediate Report of the said Trial Examiner MARIETTA MANUFACTURING COMPA\I 613 It is hereby stipulated and agreed by and between Steel Work- ers Organizing Committee, Local 2328, C I O. herein called the Union, Marietta Manufacturing Company herein called the re- spondent and Philip G Phillips, Regional Director for the Ninth Region of the Board, that I The name of the Union whenever it appears in these pro- ceedings shall be amended to read United Steelworkers of America, Local 2328 II The respondent, a West Virginia corporation, is engaged in the manufacture of boats for the United States Army at its shipyard in Point Pleasant, West Virginia In the year 1941, it manufactured boats for the United States Navy. During 1941, raw materials purchased by the respondent, consisting princi- pally of metal bars and shapes, exceeded $200,000 in value, 90 percent of which was purchased and shipped to it from points outside the State of West Virginia During the same period, its gross sales exceeded $1,000,000 in value and all of its finished products were sold and shipped to points outside the State of West Virginia The iespondent admits that it is engaged in commerce within the meaning of the Act. At the time of the hearing it employed approximately 1340 employees. III United Steelworkers of America, Local 2328, affiliated with the C I: 0 is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act IV The parties hereto agree to the Order set forth below and waive all further hearings, procedure and rights to which they may be entitled under the Act of (sic) Rules and Regulations of the Board, including the making of findings of fact and con- clusions of law by the Board V. The respondent denies that it has violated any of the pro- visions of the National Labor Relations Act, but, for the purpose of settling and disposing of this matter in an amicable and expe- ditious manner, it is stipulated and agreed an Order may be entered by the Board as more specifically set forth below VI Upon the formal papers in this matter the Inteimediate Report of the Trial Examiner and upon this Stipulation the Board may without further notice to the iespondent and with its consent, which is hereby expressly granted, enter its Order in the following form ORDER Upon the basis of the foregoing findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Rela- tions Act, the National Labor- Relations Board hereby orders that 614 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the respondent Marietta Manufacturing Company, and its officers, agents, successors and assigns 1. Shall not (a) Discouiage membership in the United Steelworkers of America, Local 2328, or any other labor organization by discrimi- nation in regard to hire or tenure of employment or conditions of employment (b) In any other, manner unlawfully interfere « ith, restrain, or coerce its employees in the exercise of their rights to self organi- zation, or to foim, join or assist, labor organizations, as guaranteed in Section 7 of the National Labor Relations Act 2 Shall take the following affirmative action in order to effec- tuate the policies of the Act (a) Offer to C E Rotligeb , William Davis, Reuben Caskuis, Grover Fowlei, Richard Fowlei , Henry Rolcomb, Gilbert Deweese, Hoy Jones, Eli Riser, Dellas Moss, Gus Spencei , Haywaid Knotts, Percy Stutler, John Stutler , Lewis Huiley immediate and full reinstatement to their former or substantially equivalent positions, without prejudice to the their seniority and other i ights and privi- leges, dismissing, if necessary, all employees hired since their em- ployment with respondent ceased to perform work for which they were qualified; (b) Make whole the employees named in the preceednig para- graph together with Charles Stephenson and Lonnie Rayburn by payment to them collectively the sum of thirteen thousand, five hundred ($13,500 00 ) dollars The said sum shall be paid forth- with to Philip G Phillips, Regional Director, who shall divide it pi oportionally between the employees aforementioned actor ding to the amount they normally would have earned as wages from the date then employment with respondent ceased to the date of this Older less their net earnings The decision of the Regional Director as to the amount to be paid shall be final and binding upon all parties or individuals named herein (c) Immediately post in conspicuous places at its shipyard and maintain for a period of at least sixty ( 60) consecutive days from the date of posting, notices to its employees stating: 1 That the respondent will not engage in the conduct from which it is ordered to refrain from in paragraph 1 (a) and (b) of this Order; 2 That the respondent will take the affirmative action set forth in paragraph 2 (a) and (b) of this Order; and 3 That its employees are free to remain or become members of the United Steelworkers of America or to remain or become members of any other labor organization ; and that the respond- MARIETTA MANUFACTURING COMPANY 615 ent will not discriminate against any employee or employees because of such membership or activity in any labor organization. - (d) File with the Regional-Director for the Ninth Region from ten days of this Order a report in writing setting forth in detail in the manner and form in which the respondent has complied with this Order VII. It is further stipulated and agreed by and between the parties hereto that after entering of the Order by the Board, as provided in this Stipulation, the United States Circuit Court of Appeals for the Fourth Circuit, may, upon application by the Board and without notice to the respondent, enter its Decree enforcing in full the said Order of the Board, and each of the parties hereto hereby consents to the entry of such Decree and hereby waives its right to contest the entry of any such Decree and to receive notice of the filing of such application by the Board. VIII All stipulations herein made are subject to the approval of the National Labor Relations Board, and should the National Labor Relations Board fail to approve the terms and conditions contained herein, this Stipulation and Agreement shall become null and void and of no effect, and the proceedings in this matter shall be in the same status as if no Stipulation had been entered into IX All terms agreed upon are contained within this Stipula- tion an a Agreement and there is no verbal or other agreement of any kind which varies, alters, or adds to this Stipulation and Agreement On July 9, 1942, the Board issued its order approving the above stipulation and making it part of the record in the case. 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 Marietta Manufacturing Company, a West Virginia corporation, is engaged in the manufactuie of boats for the United States Army at its shipyard at Point Pleasant, West Virginia. In the year 1941 it manufactured boats for the United States Navy. During 1941 raw materials purchased by the iespondent, consisting principally of metal bars and shapes, exceeded $200,000 in value, 90 percent of which was purchased and shipped to it from points outside the State of West Virginia During the same period, its gross sales exceeded $1,000,000 in value and all of its finished products were sold and shipped to points 616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD outside the State of West Virginia The respondent admits that it is engaged in commerce within the meaning of the Act At the time of the hearing, it employed approximately 1,340 employees. We find that the above-described open ations constitute a continuous flow of tiade , traffic, and commerce among the several States ORDER Upon the basis of the above findings of fact, stipulation , and the entire iecord in the case and puisuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Marietta Manufactui ing Company , Point Pleasant, West Virginia, its officers , agents, successors, and assigns • 1 Shall not (a) Discourage membership in the United Steelworkeis of Amei ica, Local 2328, or any other labor organization by discrimination in i egard to hire or tenure of employment or conditions of employment; (b) In any other manner unlawfully interfere with, restiain, or coeice its employees in the exeicise of their rights to self-organization, or to form, join, or assist labor organizations , as guaianteed in Section 7 of the National Labor Relations Act 2 Shall take the following afl'ii mative action in order to effectuate the policies of the Act : ( a) Offer to C E Rothgeb ,2 William Davis, Reuben Caskins,3 Grover Fowler, Richard Fow]ei , Henry Rolcomb," Gilbert Deweese, by Jones , Eli Riser, Dellas Moss,5 Gus Spencer , Hayward Knotts, Perry Stutler, John Stutler, and Lewis Huiley immediate and full reinstatement to their foimer or substantially equivalent positions, without prejudice to their senioiity and other eights and piivileges, dismissing, if necessary , all employees hired since their employment with the respondent ceased to peifoim woik for which they were qualified, (b) Make whole the employees named in the preceding paragraph, together with Charles Stephenson and Lonnie Rayburn, by payment to them collectively the sum of $13,500 The said sum shall be paid forthwith to Philip G Phillips, Regional Diiectoi , who shall divide it proportionately between the employees afoie-mentioned according to the amount they normally would have eained as wages from the date their employment with respondent ceased to the date of this Order, less their net eaimngs The decision of the Regional Director as to the amount to be paid shall be final and binding upon all parties or individuals named herein, a Also referred to as R E Rotligeb a Also referred to as Reuben Gaskets 4 Also referred to as H E Holcomb 5 Also referred to as Dallas Moss MARIETTA MANUFACTURING COMPANY 617 (c) Immediately post in conspicuous places at its shipyard and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating • (1) that respond- ent will not engage in the conduct from which it is ordered to refrain in paragraphs 1 (a) and (b) of this Order; (2) that the respondent will take the affirmative action set forth in paragraphs 2 (a) and (b) of this Order; and (3) that its employees are free to-remain or become members of the United Steelworkers of America or to remain or become members of any other labor organization; and that the re- spondent will not discriminate against any employee or employees because of such membership or activity in any labor organization; (d) File with the Regional Director for the Ninth Region within ten (10) days of this Order a report in writing setting forth in detail the manner and form in which the respondent has complied with this Order.