Alten's Foundry and Machine Works

In the • Matter • of GEORGE H. ALTEN, D/B/A ALTEN'S ' FOUNDRY AND MACHINE WORKS, LANCASTER , OHIO and INT. MOLDERS AND FOUN6RY WORKERS UNION OF NORTH AMERICA Case No. C-2277.-Decided August 17,19112 Jurisdiction : machinery manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Philip G. Phillips and Mr. James A. Shaw, for the Board. Mr. George H. Alten, of Lancaster, Ohio, for the respondent. _ Mr.' N. D. Smith and Mr. Louis Kah, of Columbus, Ohio, for the Union. Mr. Marvin C. Wahl, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon amended charges duly filed by International Molders and Foundry Workers`Union of North America, herein called the Union, the National Labor Relations Board, herein called the Board, by its Regional Director for the Ninth Region (Cincinnati, Ohio), issued its complaint dated July 6, 1942, against George H. Alten, doing business as Alten's Foundry and Machine Works, Lancaster, Ohio, 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), (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 complaint, accompanied by notice of hearing, were duly served upon the respondent, the Union, and Foundry Workers Association of Lancaster, Ohio, herein called the Association, a labor organization alleged in the complaint to be dominated by the re- spondent. Concerning the unfair labor practices, the complaint alleged in sub- stance that the respondent (1) on, or before November 15, 1941, initi- ated, formed, and- sponsored the Association and at all times since that 43 N L R. B, No 34. 263 ` 264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD date has dominated and interfered with its administration; (2) on or about November 13, 1941, discharged Ralph Klinger. and has since that date refused'to reinstate him because of his activitiy on behalf of, and membership in the Union; (3) since January, 5, 1942, has refused to bargain collectively with the Union, although the.Union°has at all times since that date been the exclusive representative, of the re- sponclent's employees within an appropriate bargailiing unit.; and (4) by the foregoing acts and by other specified acts and conduct has inter- fered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. The respondent did not file an answer to the complaint. Prior to the scheduled hearing in the case the respondent, the Union, and the counsel for the Board entered into a stipulation in settlement of the case, subject to approval by the Board. The stipu- lation provides as-follows:' It is hereby stipulated and agreed by and between George .H. Alten,-doing business as Alten's Foundry and Machine Works, herein referred to as the respondent, International -Molders and Foundry Workers Union of North America, herein referred to was the Union, and Philip G. Phillips and James A. Shaw, at- torneys for the National Labor Relations Board, that: I Upon charges filed by the Union, the National Labor Rela; tions Board, by the Regional Director for the Ninth Region, act- ing,pursuant to authority granted in Section 10 (b) of the Na- tional Labor Relations Act, 49 Stat. 449 and pursuant to Article TV, Section 1 of the National Labor Relations Board Rules and Regulations-Series 2, as amended, duly issued its Complaint and Notice of Hearing on July 6, 1942, against the Respondent, herein. II This- Stipulation, together with the charges, National Labor Relations -Board Rules and Regulations-Series 2, as amended,- Complaint and Notice of Hearing, Affidavit as to Service,of said Complaint and Notice of Hearing shall constitute the entire rec- ord in this case and may be filed with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C. III, The respondent waives his right to answer the aforementioned Complaint and all parties hereto waive their right to a hearing ALTEN'S FOUNDRY AND MACHINE WORKS ' . 265 and to the making of Findings of Fact and Conclusions of Law by the National Labor Relations Board herein, and to any other or further proceedings before said Board. IV Respondent has his principal office and place of business in Lancaster, Ohio, and is there engaged in the manufacture, sale and distribution of machinery and castings. During the calen- dar year of 1941 Respondent purchased- raw materials of ap- proximately $60,000, of which 50% originates from points located out of the state of Ohio. During,the same-calendar year the Respondent's. total sales approximated $285,000, of which 60% was shipped to customers outside the state, of Ohio. Respond- ent admits for the purposes of this proceeding that it is'engaged in commerce within the meaning of the National Labor Rela- tions Act., - .V International Molders and Foundry Workers Union of North America is a labor organization within the meaning of Section 2, subdivision 5 of the National Labor Relations Act. VI All employees in Respondent 's foundry , excluding supervisory employees, constitute a unit appropriate for the purposes of collective bargaining , within the meaning of Section 9'(b) of the National Labor Relations Act. VII Upon this Stipulation, and upon the record' herein, and by agreement of the parties hereto, the following Order may forth- with be entered by the National Labor Relations Board, without further notice to the Respondent and with its consent, which is hereby expressly granted : - 1. Respondent, George H. Alten, doing business as Alten's Foundry and Machine Works, its officers, agents, successors and assigns, shall cease and desist from (a) Urging,.persuading or warning its employees not to become or remain members of the International Molders and Foundry Workers Union of North America or any other labor organiza- tion of their own choosing; keeping under surveillance the meet- ing places of International Molders and.Foundry Worke'rs'Union of North America or of any other labor organization, among its 266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees ; or in any other manner interfering with, restraining, or coercing its employees in the exercise of their right 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 or other mutual aid or protection. (b) Discouraging membership in the International Molders and Foundry Workers Union of North America, or, any. other labor organization of its employees, by discharging and refusing to reinstate employees or otherwise discriminating in respect to hire or tenure of employment or any tern or condition of em- ployment or by threats of such discrimination.' (c) In any manner dominating or interfering with the ad- ministration of the Foundry Workers Association, of Lancaster, Ohio, or with the formation or administration of any other, labor, organization of its eiiiployees, in any other manner interfering, and from contributing support thereto ; (d) Recognizing the Foundry Workers Association of Lan- caster, Ohio, as a representative of any of its, employees for the, purpose of dealing with the Respondent concerning grievances, labor disputes, wages, rates of pay, hours 'of employment, or any other conditions of employment; (e) Giving effect to its agreement with the Foundry Workers Association of Lancaster, Ohio, or to any extension or renewal thereof. ` 2. Respondent George H. Alten, doing business as Alten's Foundry and Machine Works, its officers, agents, successors and' assigns shall take the following affirmative action to effectuate the purpose and policy of the National Labor Relations Act. (a) Withdraw all recognition from and completely disestablish the Foundry Workers Association,of Lancaster, Ohio, as rep- resentatives of any of its employees for the purpose of dealing with the'respondent concerning grievances, labor disputes,- rates of pay, wages, hours of employment, or other conditions of employment;' . _ ' (b) Upon request bargain collectively with the International. Molders and Foundry Workers Unioli of North America, affil- iated with the American Federation of Labor, as the exclusive representative of the employees in Respondent's Foundry;'' ex= , eluding supervisory employees, upon. receiving a majority of, 'votes in an, election conducted by the Regional Director for the Ninth Region of the.National Labor Relations Board, or ob- taining a majority. of signatures in a• card check conducted by the said . Director, : of at any time 'after -the aforementioned ALTEN'S FOUNDRY AND MACHINE WORKS -267 Union shall have been certified by the National Labor Relations - Board as representative of such employee; (c) Post immediately in conspicuous places in its plant, 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 cease and desist in paragraphs 1,.(a), (b), (c), (d), and (e) hereof; (2) that the Respondent; will take the affirmative action' set forth in paragraphs 2 • (a), (b) and (c) hereof; (3) that the Respondent's employees are free to be- come or remain members of the International 'Molders , and Foundry Workers Union of North America or any other labor organization of their own choosing and that the Respondent will not discriminate against any employee, on `in any other manner interfere, because of membership and activity in that organization or any other labor organization of his own choosing ; and (d) Notify the Regional Director for the Ninth Region in writ- ing within ten (10) days from the date of this Order what steps the Respondent has taken to comply herewith. VIII Respondent hereby consents to the entry by the United States Circuit Court of Appeals for the appropriate Circuit, upon application of the National Labor Relations Board,'of a: consent decree enforcing the Order of the National Labor Relations Board in the form set forth in paragraph VII above and hereby waives further notice of the application for such decree:. IX It is understood and agreed that this Stipulation embodies the entire agreement between the parties and there is no verbal agreement of any kind which varies, alters, or' adds to this Stipu- lation. X It is understood and agreed that this Stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon receipt ' of' notice granting such approval., On July 29, 1942, the Board issued its 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- 268 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions- Series 2, as amended, transferring the proceeding to the Board for the purpose of the 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 : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, George H. Alten, an individual doing business as Alten's Foundry. and Machine Works, maintains his principal office and place of business at Lancaster, Ohio, where he is engaged in the manufacture and sale of machinery and castings. During 1911 the respondent purchased raw materials valued at approxi- mately $60,000, 50 percent of which originated from points outside the State of Ohio. During the same period the respondent's sales' totaled approximately $285,000;,60 percent of which represented shipments to customers outside the State of Ohio. For the purposes of this proceeding, the; respondent admits that he is engaged in com- merce within the meaning of the Act. We find that the above-described operations constitute a continu- ous flow -of trade, traffic, and commerce among the several States. ORDER i 'Upon the basis of the above findings of fact, stipulation, and the entire, record in the case, and pursuant to Section 10 (c) of the' National Labor Relations At, the National Labor Relations Board hereby orders that George H. Alten, d/b/a Alten's Foundry and Machine Works, Lancaster, Ohio, his agents, successors, and assigns shall : 1. Cease, and desist from : (a) Urging, persuading, or warning his employees not to become or remain members of the international Molders and Foundry Workers Union of North America or any other labor organization of their own choosing; keeping under surveillance the meeting places .of International Molders and Foundry Workers Union of North America or' of any other labor organization among its employees; or in any other manner interfering with, restraining, or coercing, its employees in the exercise of their right 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 'or other mutual aid or protection; 1 ALTEN ' S FOUNDRY AND MACHINE WORKS 269 (b) Discouraging membership in' the International Molders and Foundry Workers Union of North America, or any other labor or- ganization of his employees, by discharging and refusing to rein-' state employees or otherwise discrnninating in respect to hire or tenure of employment or any term or condition of employment or by threats of such discrimination; (c) In any manner dominating or interfering with the administra- tion of the Foundry Workers Association of Lancaster, Ohio, or with the formation or administration of any other labor organization of his employees, or in any other manner interfering.with or-contribut- ing support thereto; ' (d) Recognizing the Foundry Workers Association of Lancaster, Ohio, as a representative of any of his employees for the _purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or any other conditions of employment; (e) Giving effect to his agreement with the Foundry Workers Association of Lancaster, Ohio, or to any extension or renewal thereof. ' 2. Take the following affirmative action. which the Board ' finds will effectuate the policies of the Act : (a) Withdraw all recognition from and completely disestablish the Foundry Workers Association of Lancaster, Ohio, asrepresenta- tive of any of his employees for the purpose of dealing with the respondent concerning grievances, labor disputes,"rates of pay, wages, hours ,of employment, or other conditions of employment; (b) Upon request bargain collectively with Tnteriiational Molders and Foundry Workers Union of North America, affiliated with the American Federation of Labor, as the exclusive representative of the employees in the respondent 's foundry , excluding supervisory employees, upon receiving a majority of votes in an election con- ducted, by the Regional Director for the Ninth Region, or obtaining a majority of signatures in a card check conducted by the Regional Director, or at any time after the Union shall have been certified by the Board as representative of such employees; (c) Post immediately in conspicuous places in his plant; and maintain for a period of at least sixty (60) consecutive .days from the date of posting, notices to his employees stating: ( 1) that the respondent will not engage in the conduct from which he is ordered to cease and desist in paragraphs,1 (a), (b), (c),, (d ), and (e) here- of; (2) that the respondent will tike the affirmative action set forth in paragraphs (2) (a), (b), and ( c) hereof; and ( 3) that the re- spondent's'; employees are free to become or ' remain members of 270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International' Molders and Foundry Workers Union of North Amer- ica or any other l abor organization of their own choosing, -and that the respondent will .not discriminate against any employee, or in any other manner interfere, because of membership and activity in that .organization or any other labor organization of his own choosing; and (d) Notify the Regional Director for the Ninth Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply. herewith.