Jacobs Manufacturing Co.

In the Matter of E. P. JACOBS, MRS. ANNIE D. HARRIS, AND MRS. FLETCHER BENHAM, DOING BUSINESS AS JACOBS MANUFACTURING COMPANY and STOVE MOUNTERS INTERNATIONAL UNION LOCAL No. 48 In the Matter of E. P. JACOBS, MRS. ANNIE D. HARRIS, AND MRS. FLETCHER BENHAM, DOING BUSINESS AS JACOBS MANUFACTURING COMPANY and INTERNATIONAL MOLDERS UNION, LOCAL UNION No. 117 Cases Nos. C-1111 and C-1110, respectiively.-Decided February 10, 1939 Stove Manufacturing Industry-Settlement : stipulation providing for compli- ance with the Act-Order: entered on stipulation. Mr. Alexander E. Wilson, Jr., and Mr. Maurice J. Nicoson, for the Board. Mr. Alan S. Kelly, of South Pittsburgh, Tenn. for the respondents. Mr. Richard A. Williams, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Molders Union of North America, Local Union No. 117, affiliated with the American Federation of Labor, herein called the I. M. U., and upon charges and amended charges duly filed by Stove Mounters International Union, affiliated with the American Federation of Labor, herein called the S. M. I. U., the National Labor Relations Board, herein called the Board, by the Regional Director for the Tenth Region (Atlanta, Georgia), issued its complaints 1 dated Au- gust 29, 1938, against E. P. Jacobs, Mrs. Annie D. Harris, and Mrs. Fletcher Benham, doing business as Jacobs Manufacturing Company, Bridgeport, Alabama, herein called the respondents, alleging that the respondents had engaged in and were engaging in unfair labor prac- 1 Cases Nos. C-1110 and C-1111 were consolidated by the Board's "Order of Consolida- tion" dated August 8, 1938. 11 N. L. R. B., No. 21. 159 160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tices affecting commerce within the meaning of Section 8 (1) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaints and notices of hearing thereon were duly served upon the respondents, the I. M. U., and the S. M. I. U. Concerning the unfair labor practices the complaint alleged, in substance, that the respondents warned, threatened, and persuaded their employees to withdraw from and to refrain from paying dues to the I. M. U. and the S. M. I. U.; and that the respondents by the aforesaid activities, and by other acts, interfered with, restrained, and coerced their employees in the exercise of the rights guaranteed in Section 7 of the Act. On September 6, 1938, the respondents filed their answers to the complaints and thereafter filed amendments to the answers in which they admitted the allegations concerning the nature and scope of their business but did not respond to the allegations of unfair labor practices. Pursuant to notice, a hearing was held on September 8, 1938, at Chattanooga, Tennessee, before Howard Myers, the Trial Examiner duly designated by the Board. The Board and the respondents partici- pated in the hearing and were represented by counsel. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the hearing, a stipulation in settlement of the case, entered into on September 8, 1938, by the respondents, the I. M. U., and the S. M. I. U., and counsel for the Board, was received in evidence, without objection, by the Trial Examiner. Thereafter, by agreement of counsel the hearing was adjourned indefinitely until further notice. On December 28, 1938, the parties entered into a new stipulation which included the provisions of the original stipulation but cor- rected certain technical defects in the original. The new stipulation provides as follows: It is hereby stipulated and agreed by and between E. P. Jacobs, Mrs. Annie D. Harris, and Mrs. Fletcher Benham, doing business as Jacobs Manufacturing Company, hereinafter called the respondents, Alan S. Kelly, their attorney of record, Inter- national Molders Union of North America, Local 117, and Stove Mounters' International Union, Local 48, hereinafter called the Unions, and Alexander E. Wilson, Jr., Attorney, National Labor Relations Board, that : I E. P. Jacobs, Mrs. Annie D. Harris, and Mrs. Fletcher Ben- ham, compose a partnership doing business under the style an(I E. P. JACOBS ET AL. 161 firm name of Jacobs Manufacturing Company, and having their principal place of business in the City of Bridgeport, Alabama. The respondents are now and, continuously for many years, have been engaged in the manufacture, sale and distribution of stoves, ranges and heaters. The raw materials used by the respondents in the course and conduct of their business and in the operation of their plant are and have been as follows: pig iron, sheet steel, coal, coke, hardware trimmings, etc. The approximate total cost of the raw materials during the period from August 15, 1937, to August 15, 1938, inclusive, amounted to $190,000. During this period the respondents purchased 60% of their raw materials valued at $115,000, in states other than the State of Alabama, and 40% of their raw materials valued at $75,000 from points within the State of Alabama. The respondents during the same period sold and shipped as finished products 42,000 units valued at $500,000. Of these finished products, 94%, valued at approxi- mately $470,000, was sold and shipped into states other than the State of Alabama, and 6%, valued at approximately $30,000, was sold and shipped within the State of Alabama. The respondents employ approximately 201 persons, of whom 10 are classified as supervisors, or clerks, 127 as molders and 64 as mounters. The respondents admit that they are engaged in interstate commerce within the meaning of the National Labor Relations Act, 49 Stat. 449, hereinafter called the Act. II The International Molders Union of North America, Local 117, affiliated with the American Federation of Labor, is a labor organization within the meaning of Section 2 (5) of the Act. The Stove Mounters International Union, Local 48, affiliated with the American Federation of Labor, is a labor organization within the meaning of Section 2 (5) of the Act. III It is further stipulated and agreed that this stipulation is substituted for and takes the place of that stipulation entered into the 8th day of September, 1938, as fully and completely as if filed on the 8th day of September, 1938, and it is expressly agreed and stipulated that this stipulation shall be substituted for and shall take the place of pages 11-17, inclusive, of the record taken at the hearing of the above-named cases on Sep- tember 8, 1938, as fully and completely as if filed for the record on September 8, 1938. 162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV It is hereby further stipulated and agreed that upon the pleadings, the transcript of the record in this matter, and upon this stipulation, the respondents shall consent and hereby do consent to the entry, forthwith, by the National Labor Relations Board of the following : ORDER The National Labor Relations Board hereby orders that the respondents, E. P. Jacobs, Mrs. Annie D. Harris, and Mrs. Fletcher Benham, doing business as Jacobs Manufacturing Com- pany, their officers, agents, successors, and assigns, shall 1. Cease and desist from : (A) In any manner interfering with, restraining, or coercing their employees in the exercise of their rights to self-organiza- tion, to form, join, or assist labor organizations, to bargain col- lectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bar- gaining or other mutual aid or protection as guaranteed in Sec- tion 7 of the National Labor Relations Act. 2. Take the following affirmative action to effectuate the poli- cies of the Act : (A) Post notices in conspicuous places through their Bridge- port, Alabama, plant, stating, that the respondents will cease and desist in the manner aforesaid. Such notices shall remain posted for a period of at least thirty (30) days from the date of posting. (B) Notify the Regional Director for the Tenth Region of the National Labor Relations Board in writing within ten (10) days from the date of this order what steps the respondents have taken to comply herewith. V The stipulations herein made and the terms and provisions thereof are made subject to the approval of the National Labor Relations Board. VI If this stipulation is approved by the National Labor Relations Board and if the National Labor Relations Board issues an order based thereon, a decree enforcing said order may be entered by the appropriate Circuit Court of Appeals, and the respondents, E. P. Jacobs, Mrs. Annie D. Harris, and Mrs. Fletcher Benham, E. P. JACOBS ET AL. 163 doing business as Jacobs Manufacturing Company, hereby con- sent to the entry of such decree and waive further notice of the application for such enforcing decree. On January 5, 1939, the Board issued its order approving the above stipulation, making it part of the record in the case, and transferring 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 entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENTS The respondents, E. P. Jacobs, Mrs. Annie D. Harris, and Mrs. Fletcher Benham, copartners, doing business under the style and firm name of Jacobs Manufacturing Company, are engaged in the manufacture, sale, and distribution of stoves, ranges, and heaters, with their principal office and place of business at Bridgeport, Ala- bama. The raw materials used by the respondents in the course and conduct of their business include pig iron, sheet steel, coal, coke, hardware trimmings, and other goods. The approximate total cost of the raw materials during the period from August 15, 1937, to August 15, 1938, inclusive, amounted to $190,000, of which 60 per cent were purchased in States other than the State of Alabama. During this same period the respondents sold and shipped as finished products 42,000 units valued at $500,000 of which 94 percent were sold and shipped into States other than the State of Alabama. The re- spondents stipulated that they were engaged in interstate commerce within the meaning of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER 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 Act, the National Labor Relations Board hereby orders that the respondents, E. P. Jacobs, Mrs. Annie D. Harris, and Mrs. Fletcher Benham, doing business as Jacobs Manu- facturing Company, Bridgeport, Alabama, their officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) 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 bargain collectively 164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD through representatives of their own choosing, and to engage in con- certed activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Post notices in conspicuous places throughout their Bridge- port, Alabama, plant, stating that the respondents will cease and desist in the manner aforesaid. Such notices shall remain posted for a period of at least thirty (30) days from the date of posting; (b) Notify the Regional Director for the Tenth Region of the National Labor Relations Board in writing within ten (10) days from the date of this order what steps the respondents have taken to comply herewith.