Boynton & Company

In the Matter of BOYNTON & COMPANY and UNITED BROTHERHOOD OF CARPENTERS AND JOINERS, FURNITURE WORKERS LOCAL UNION #1619 Case No. C-806.-Decided April 12,1939 Plastic Wood Fibre Products Manufacturing Industry-Settlement : stipula- tion providing for compliance with the Act-Order: entered on stipulation pro- viding for reinstatement 15 employees with back pay, disestablishment company- dominated association , and recognition of union as collective bargaining representative. Mr. Stephen M. Reynolds, for the Board. Gann ,Record, Stead d McIntosh, by Mr. Loy N. McIntosh, of Chicago, Ill., for the respondent. McKinley c Price, by Mr. William McKinley and Mr. Allen E. Hoban, of Chicago, Ill., for the Association. Mr. Richard A. Williams, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Brother- hood of Carpenters and Joiners of America, Furniture Workers Local Union No. 1619, affiliated with the American Federation of Labor, herein called the Union,' the National Labor Relations Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chicago, Illinois), issued its complaint on February 1, 1938, against Boynton & Company, Chicago, Illinois, 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. A copy of the complaint and notice of hearing thereon were duly served 1Incorrectly designated in certain pleadings and the stipulation as "United Brother- hood of Carpenters and Joiners , Furniture Workers Local Union # 1619." On or about December 30, 1937, the Union succeeded its predecessor United Brotherhood of Carpenters and Joiners of America, Furniture Workers Local Union No. 1924 . As used in this Decision the Union includes both Local No. 1619 and its predecessor Local No. 1924. 12 N. L. IL B., No. 32 221 222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD upon the respondent, the Union, and the Wood & Plastic Workers Association, herein called the Association. Concerning the unfair labor practices, the complaint alleged, in substance, that although on November 1, 1937, and on or about December 30, 1937, a majority of the respondent's employees in an appropriate unit designated the Union as their representative for purposes of collective bargaining, the respondent refused to bargain collectively with it; that the respondent dominated and interfered with the formation and administration of, and contributed financial and other support to the Association; that the respondent terminated the employment of and refused to reinstate 15 named individuals because they joined and assisted the Union and engaged in other concerted activities for the purpose of collective bargaining; and that the respondent, by the aforesaid acts, and by advising, urging, and warning its employees to refrain from joining and to sever their relations with the Union, by threatening to close its plant rather than deal with the Union, and by other acts, interfered with, re- strained, and coerced its employees in the exercise of the rights guar- anteed in Section 7 of the Act. Thereafter, the respondent filed its answer to the complaint in which it admitted the allegations con- cerning the nature and scope of its business but denied the allega- tions of unfair labor practices. Pursuant to notice, a hearing was held at Chicago, Illinois, on February 8,2 9, 10, 11, and 12, 1938, before John T. Lindsay, the Trial Examiner duly designated by the Board. The Board, the respond- ent, and the Association were represented by counsel and par- ticipated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the hearing, the Trial Ex- aminer granted the Association's motion to intervene in the proceed- ings. On February 10, 1938, the Trial Examiner granted without objection a motion 8 made by counsel for the Board to dismiss the complaint in so far as it alleged the discriminatory discharge of one person and to substitute therefor the name of another person. These rulings are hereby affirmed. On July 16, 1938, the Trial Examiner filed an Intermediate Report finding that the respondent had engaged in and was engaging in The hearing, originally scheduled for February 7, 1938, was postponed to February 8, 1938, and the parties were so notified by telegram. 3 By the same motion the following changes were also made in the Complaint : the name John Majcan was inserted in place of T. Karowski ; the name "Creel" was cor- rected to read "Creal " ; the name "Arandt" was corrected to read "Arendt" ; and certain discharge dates were corrected to read as follows-October 16, for B. Dash instead of October 22-November 4 for T. Minarcek instead of November 15-November 5 for I. Lewandowski instead of November 15-November 1 2 for V. Golek instead of November 15. The Trial Examiner also granted without objection the motion made by counsel for the Board that the Complaint be amended to conform to the proof adduced at the hearing. DOYNTON & COMPANY 223 unfair labor practices within the meaning of Section 8 (1), (2), (3), and (5) and Section 2 (6) and (7) of the Act, and recommend- ing that the respondent cease and desist therefrom, disestablish the Association, bargain collectively with the Union upon request, and reinstate with back pay 15 individuals who he found were discrimi- natorily discharged. Copies of the Intermediate Report were duly served on the respondent, the Union, and the Association. On August 11, 1938, the respondent filed its exceptions to the Inter- mediate Report. On November 22, 1938, pursuant to notice, a hear- ing for the purpose of oral argument was had before the Board at Washington, D. C. The respondent was represented by counsel and participated in the hearing. On January 17, 1939, the respondent, the Union, the Association, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation 4 provides as follows : It is hereby stipulated and agreed by and between Boynton and Company, hereinafter called respondent, Wood & Plastic Workers Association, hereinafter referred to as the Associa- tion, United Brotherhood of Carpenters and Joiners, Furniture Workers Local Union No. 1619, hereinafter called the union, and Stephen M. Reynolds, attorney, National Labor Relations Board, that: 1. Upon charges duly filed by the union, through Andrew R. Johnson, as accredited agent and representative of the union for this purpose, the National Labor Relations Board, herein- after called the Board, by Leonard C. Bajork, Regional Direc- tor for the Thirteenth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, hereinafter called the Act, and pursuant to Article II, Section 5, and Article IV, Section 1, of the National Labor Relations Board Rules and Regulations, Series 1, as amended, duly issued a Complaint and Notice of Hearing thereon on February 1, 1938, against the respondent. The complaint and Notice of Hearing thereon, the Second Amended Charge, and a copy of National Labor Relations Board Rules and Regula- tions, Series 1, as amended, were duly served upon respondent, the Association and the union. A hearing was held on February 8, 9, 10, 11 and 12, 1938, at Chicago, Illinois before John T. Lindsay, the Trial Examiner duly designated by the Board. The Board, the respondent and the Association were represented by counsel and participated in the hearing. Full oppor- * After the parties had signed the stipulation they made certain typographical correc- tions in it. The stipulation is set forth as corrected . Appendix A attached to the stipulation is omitted because it is identical with Appendix A of the Board's Order, infra. 224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tunity to be heard, to examine and cross examine witnesses and to introduce evidence bearing on the issues was afforded all parties. On July 16, 1938, the Trial Examiner filed his Intermediate Report, copies of which were duly served upon the parties, find- ing that respondent had engaged in unfair labor practices affect- ing commerce, within the meaning of Section 8, Subdivisions (1), (2), (3) and (5) and Section 2 (6) and (7) of the Act and rec- ommending certain action on the part of respondent to put re- spondent in harmony with the law. Respondent filed exceptions to the Intermediate Report on August 11, 1938. 2. Respondent is and has been since January 4, 1907 a corpora- tion organized and existing under and by virtue of the laws of the State of Illinois, having its principal office and place of business in the City of Chicago, County of Cook, State of Illinois, and is now and has continuously been engaged at its plant in Chicago, Illinois in the manufacture, sale and distribution of mouldings, picture frames, knobs, couch feet and plastic wood fibre products. The raw materials used in the processes of re- spondent consist principally of lumber and chemicals. The total cost of raw materials purchased in 1937 was approximately $85,000, approximately 100% of which were purchased outside the State of Illinois and shipped by rail to respondent's plant in Chicago. The gross sales of respondent during 1937 amounted to approximately $300,000 of which 62.8 percent were sold and shipped by rail and parcel post to points outside the State of Illinois. 3. The Union is a labor organization as defined in Section (2), Subdivision (5) of the Act. 4. A unit consisting of the production and maintenance work- ers employed in respondent's plant, except supervisory and office employees, hereinafter called the unit, would insure to the em- ployees the full benefit of their right to self-organization and would otherwise effectuate the policies of the Act, and is a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 5. On November 1, 1937, a majority of the employees in the unit designated the union as its representative for the purposes of collective bargaining with respondent, and since November 1, 1937, the union has been the exclusive representative of all the employees in the unit by virtue of Section 9 (a) of the Act for the purposes of collective bargaining with respondent in respect to rates of pay, wages, hours of employment and other conditions of employment. BOYNTON & COMPANY 225 6. Upon the basis of this Stipulation and Agreement, if ap- proved by the Board, an order may forthwith be entered by the Board, and by the appropriate Circuit Court of Appeals, re- spondent expressly waiving further notice of the application by the Board to said Court for an enforcement order, providing as follows : (1) Respondent, its officers, agents, successors and assigns, shall cease and desist from : (a) Dominating or interfering with the administration of Wood and Plastic Workers Association, or dominating or inter- fering with the formation or administration of any other labor organization of its employees, or from contributing financial or other support to Wood and Plastic Workers Association or any other labor organization of its employees; (b) Recognizing Wood and Plastic Workers Association, as the representative of any of its employees for the purpose of dealing with respondent concerning grievances, labor disputes, rates of pay, wages, hours of employment, and other conditions of work; (c) Refusing to bargain collectively with United Brotherhood of Carpenters and Joiners, Furniture Workers Local Union No. 1619, or its representatives as the exclusive representative of all its production and maintenance employees excluding supervisory employees, clerical employees and salesmen. (d) Discouraging membership in the United Brotherhood of Carpenters and Joiners, Furniture Workers Local Union No. 1619, or any other labor organization of its employees, by dis- charging or refusing to reinstate its employees, or in any manner discriminating in regard to their hire and tenure of employment or any term or condition of employment because of their mem- bership in or activity in connection with any such labor organization. (e) In any other manner interfering with, restraining or co- ercing its employees in the exercise of their rights to self-organi- zation, 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 bar- gaining and other mutual aid or protection, as guaranteed in Section 7 of the Act; (2) Respondent, its officers, agents, successors and assigns, shall take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Upon request, bargain collectively with United Brother- hood of Carpenters and Joiners, Furniture Workers Local Union 226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD No. 1619 as the exclusive representative of the production and maintenance employees, excluding supervisory employees, clerical employees and salesmen. (b) Withdraw all recognition from Wood and Plastic Workers Association 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 other conditions of work, and completely disestablish Wood and Plastic Workers Association as such representative; (c) Offer to each of the employees named in Appendix A, attached hereto and made a part hereof, not already reemployed by respondent, immediate and full reinstatement to their former positions, or, if those positions have been abolished or eliminated, to positions substantially equivalent thereto, without prejudice to their seniority or other rights and privileges; (d) Make whole the employees named in Appendix A hereof, and each of them, for any loss of pay they have suffered by reason of their discharges, by payment to said employees of the sum of three thousand dollars ($3,000.00) in full and complete satisfaction of all liabilities of respondent for back pay on account of the matters and things set forth in the Complaint herein in the following manner : Immediately upon approval by the Board of this Stipulation and Agreement, pay to the employees named in Appendix A the sum of seven hundred fifty dollars ($750.00) and pay the balance of twenty-two hundred and fifty dollars ($2,250.00) to the em- ployees during the twenty-two week period beginning January 22, 1939, at the rate of one hundred fifty dollars ($150.00) for the first week and at the rate of one hundred dollars ($100.00) per week thereafter, each employee to receive a total of the amount shown opposite, his name on Appendix A. (e) Post and keep visible in conspicuous places throughout the plant for a period of sixty (60) days after receipt, copies of the Board Order entered herein. On February 7, 1939, the Board issued its order approving the above stipulation and making it part of the record in the proceedings. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, an Illinois corporation, with its principal office and place of business at Chicago, Illinois, is engaged in the manu- facture, sale, and distribution of mouldings, picture frames, knobs, BOYNTON & COMPANY 227 couch feet, and plastic woody fibre products. The raw materials used in the processes of the respondent's business consist principally of lumber and chemicals. In 1937, the respondent purchased approxi- mately $85,000 worth of raw materials, of which approximately 100 per cent were purchased outside the State of Illinois and were shipped by rail to the respondent's plant in Chicago. During the same period, the respondent sold approximately $300,000 worth of goods, 62.8 per cent of which were shipped to points outside the State of Illinois. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. II. THE ORGANIZATIONS INVOLVED United Brotherhood of Carpenters and Joiners of America, Furni- ture Workers Local Union No. 1619, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the respondent. III. THE APPROPRIATE UNIT We find that all the production and maintenance workers, exclud- ing supervisory employees, clerical employees, and salesmen, em- ployed in the respondent's plant constitute a unit appropriate for purposes of collective bargaining, and that such unit insures to the employees the full benefit of their right to self-organization and collective bargaining and otherwise effectuates the policies of the Act. IV. REPRESENTATION OF A MAJORITY WITHIN THE APPROPRIATE UNIT We find that on November 1, 1937, a majority of the respondent's employees in an appropriate unit designated the Union as their rep- resentative for purposes of collective bargaining; and that at all times thereafter the Union was the representative for purposes of collective bargaining of a majority of the respondent's employees in an appropriate unit. By virtue of Section 9 (a) of the Act, therefore, the Union was the exclusive representative of all em= ployees of the respondent in the said unit for purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 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 169134-39-vol. 12-16 228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD hereby orders that Boynton & Company, Chicago, Illinois, and its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Dominating or interfering with the administration of Wood and Plastic Workers Association, or dominating or interfering with the formation or administration of any other labor organization of its employees; (b) Recognizing Wood and Plastic Workers Association, as the representative of any of its employees for the purpose of dealing with respondent concerning grievances, labor disputes, rates of pay, wages, hours of employment, and other conditions of work; (c) Refusing to bargain collectively with United Brotherhood of Carpenters and Joiners of America, Furniture Workers Local Union No. 1619, or its representatives as the exclusive representative of all its production and maintenance employees, excluding supervisory employees, clerical employees, and salesmen; (d) Discouraging membership in the United Brotherhood of Car- penters and Joiners of America, Furniture Workers Local Union No. 1619, or any other labor organization of its employees, by dis- charging or refusing to reinstate its employees, or in any manner discriminating in regard to their hire and tenure of employment or any term or condition of employment because of their membership in or activity in connection with any such labor organization; (e) In any other manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, 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 and other mutual aid or protection, as guaranteed in Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the National Labor Relations Act : (a) Upon request, bargain collectively with United Brotherhood of Carpenters and Joiners of America, Furniture Workers Local No. 1619, as the exclusive representative of the production and mainte- nance employees, excluding supervisory employees, clerical employees, and salesmen; (b) Withdraw all recognition from Wood and Plastic Workers Association as a representative of any of its employees for the pur- pose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other condi- tions of work, and completely disestablish Wood and Plastic Workers Association as such representative; (c) Offer to each of the employees named in Appendix A, at- tached hereto and made a part hereof, not already reemployed by the BOYNTON & COMPANY 229 respondent, immediate and full reinstatement to their former posi- tions, or, if those positions have been abolished or eliminated, to positions substantially equivalent thereto, without prejudice to their seniority or other rights and privileges; (d) Make whole the employees named in Appendix A hereof, and each of them, for any loss of pay they have suffered by rea- son of their discharges, by payment to said employees of the sum of three thousand dollars ($3,000.00) in full and complete satis- faction of all liabilities of respondent for back pay on account of the matters and things set forth in the Complaint herein in the following manner : Immediately pay to the employees named in Appendix A of this Order the sum of seven hundred fifty dollars ($750.00) and pay the balance of twenty-two hundred and fifty dollars ($2,250.00) to the employees during the 22-week period beginning January 22, 1939, at the rate of one hundred fifty dollars ($150.00) for the first week and at the rate of one hundred dollars ($100.00) per week thereafter, each employee to receive a total of the amount shown opposite his name on Appendix A of this Order; (e) Post and keep visible in conspicuous places throughout the plant for a period of sixty (60) days after receipt, copies of the Board Order entered herein. APPENDIX A Frank Adamczyk --------------------------------------- $279.22 Gerhardt Arendt ----- ---------------------------------- 122.42 Eugene B. Creal--------------------------------------- 783. 01 Bruno Dash-------------------------------------------- 60.00 Victor Goleck ------------------------------------------ 128.30 Max Hoppe-------------------------------------------- 222.38 Joseph Klaybor ---------------------------------------- 396.82 Ignatz Lewandowski------------------------------------ 184.16 William Lachowski------------------------------------- 96.95 John Majcan--------------------------- ---------------- 56.00 Frank Minarcik`--------------------------------------- 177.30 S. M. Novinski ----------------------------------------- 312.54 James Pike-------------------------------------------- 60.00 George Retherford ------------------------------------- 60.00 John Vrobel ------------------------------------------- 60.00 51n the charges, amended charges, and complaint, this name appears as "T. Minarcek."