R. C. Can Company

In the Matter of R. C. CAN COMPANY and LOCAL UNION No. 1965, STEEL WORKERS ORGANIZING COMMITTEE , AFFILIATED WITH THE COMMITTEE FOR INDUSTRIAL ORGANIZATION Case No. 0-611.-Decided April 25,1939 Fibre Container Manufacturing Industry-Settlement : stipulation providing for compliance with Act, including reinstatement and back pay-Order: entered on stipulation-Complaint : dismissed as to nine persons. Mr. William J. Avrutis, for the Board. Mr. A. E. Cullen, of St. Louis, Mo., for the respondent. Mr. Ralph Shaw, of St. Louis, Mo., for the Union. Mr. Langdon West, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a charge and an amended charge filed by Local Union No. 1965, Steel Workers' Organizing Committee, affiliated with the Com- mittee for Industrial Organization, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director of the Fourteenth Region (St. Louis, Missouri), issued its complaint dated May 5, 1938, against R. C. Can Company, St. Louis, Missouri, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor prac- tices affecting commerce within the meaning of Section 8 (1), (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 and notice of hearing thereon were duly served upon the respondent and the Union. On May 9, 1938, the respondent filed with the Regional Director a motion for an extension of time in which to file an answer to the complaint and for a postponement of the hearing. On May 10, 1938, the Board, by the Regional Director, issued its amendment to the complaint to allege the discriminatory discharge of six additional employees and to correct a typographical error in the spelling of the names of two employees as they appeared in the original complaint. 12 N. L. R. B., No. 53. 447 448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On May 11, 1938, the Regional Director duly issued and served upon the parties a notice that the hearing was postponed to May 13, 1938. On May 12, 1938, the Union filed a supplement to the second amended charge. Concerning the unfair labor practices the complaint, as amended, alleged, in substance, that although the Union was the representative of a majority of the respondent's employees in an appropriate unit, the respondent refused to bargain collectively with it as the exclusive representative of its employees; that the respondent terminated the employment of and refused to reinstate 18 named employees, because they joined and assisted the Union; that the respondent locked out 24 named employees; that the respondent, by the aforesaid acts and by compelling a number of its employees to enter into individual agreements with it concerning working conditions, by persuading some of its employees to withdraw their membership from the Union and form another labor organization, and by other acts, interfered with, restrained, and coerced its employees in the exercise of their rights guaranteed in Section 7 of the Act. On May 12, 1938, the respondent, the Union, and the counsel for the Board, entered into a stipulation in which, inter alia, the respond- ent and the Union waived their rights to a hearing and agreed to the entry of a consent order by the Board, upon its approval of the stipulation. Thereafter the stipulation, complaint, notice of hearing thereon, second amended charge, and National Labor Relations Board Rules and Regulations-Series 1, as amended, and the supplement to the second amended charge were filed with the Chief Trial Ex- aminer of the Board at Washington, D. C., and thereby became part of the record in the case. The stipulation in the settlement of the case provides as follows : It is hereby stipulated and agreed by and between the R. C. Can Company, hereinafter called the Respondent, Local Union No. 1965 Steel Workers' Organizing Committee, affiliated with the Committee for Industrial Organization, hereinafter called the Union, and William J. Avrutis, Attorney, National Labor Relations Board, that: I. The Respondent's business consists of the manufacture, sale and distribution of fibre cans and tubes. The Respondent was incorporated in Missouri in 1919, has its principal office and place of business in St. Louis, Missouri, and owns and operates plants-in Kansas City, Missouri, and in Rittman, Ohio. The principal raw materials used by the respondent in its business are sheet tin plate, paper stock, and glue. For the year 1937, the Respondent's total purchases of raw material amounted to approximately $235,000.00. Of this total of raw materials, R. C. CAN COMPANY 449 approximately 85% or more was shipped into the Respondent's plants from states other than Missouri and Ohio. In 1937 the value of the finished products manufactured by the Respondent in all its plants amounted to $609,000.00. Of this total, products of a value of $350,000.00 were manufactured at the St. Louis plant of the Respondent. Of the total manu- factured in Missouri in 1937, approximately 17% of the total products manufactured at its St. Louis plant were shipped to points outside the State of Missouri. Approximately 98% of the shipments of raw materials into Respondent's St. Louis plant are by rail, the balance being transported by truck. Ap- proximately 50% of the shipments of Respondent's products from its St. Louis plant are by rail and the balance being trans- ported by boat and by truck. In 1937 the Respondent employed in its St. Louis plant approximately 80 employees exclusive of supervisory and clerical employees. H. This Stipulation, the Complaint with Notice of Hearing, Second Amended Charge, and National Labor Relations Board Rules and Regulations attached, and Notice of Amendment to Complaint, and Supplement to Second Amended Charge, all issued in this matter, may be introduced as evidence by filing them with the Chief Trial Examiner of the National Labor Re- lations Board at Washington, D. C. III. The Respondent, having been duly served with the Com- plaint, Notice of Hearing, Second Amended Charge, Supplement to Second Amended Charge and Notice of Amendment of Com- plaint waives its right to hearing as set forth in Sections 10 (b) and 10 (c) of the National Labor Relations Act. IV. This Stipulation is subject to the approval of the National Labor Relations Board. V. In the event that this Stipulation shall be approved by the National Labor Relations Board, an order may be entered forth- with by the National Labor Relations Board, and by the appro- priate Circuit Court of Appeals upon application without notice to the Respondent, based hereon and providing as follows : 1. The Respondent will cease and desist : (a) From interfering with, restraining or coercing its em- ployees in any manner, directly or indirectly, 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 purposes of collective bargaining or other mutual aid or pro- tection, as guaranteed in Section 7 of the National Labor Relations Act; 450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) From discouraging in any manner, directly or indirectly, membership in the union or in any other labor organization of its employees; (c) From discharging, threatening, either directly or in- directly, or refusing to reinstate any of its employees for joining the union, or any other labor organization of its employees; (d) From discriminating, in any manner either directly or in- directly, against any of its employees in regard to hire or tenure of employment for joining the union, or any other labor organi- zation of its employees; (e) From dominating, sponsoring or interfering, either di- rectly or indirectly, with the formation or administration of any labor organization; (f) From refusing to bargain collectively with the Union as representative of its employees engaged in productive work except foremen, assistant foremen, and persons receiving a salary, so long as the Union shall continue to represent the majority of its said employees; (g) From entering into individual contracts with relation to employment with any of its employees, members of the Union, engaged in productive work, exclusive of foremen, assistant foremen and persons receiving salaries. 2. The Respondent will take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Offer to the following named persons, in order of seniority, immediate and full reinstatement to their former positions with- out prejudice to any rights and privileges previously enjoyed or accruing to them; except that Respondent shall place upon a preferred list for re-employment in order of seniority such of the following persons as have heretofore held positions which are now vacant by reason of decreased or suspended production : Aurelia Toth Marie Doll Flora Howard Anna Tobin Francis Newman John Kuczinski Ben Brezinski Tom Bushardt Josephine Flowers Claudine Mandrell Hazel Emons Mavis Chilton Lyman Tucker (b) Pay immediately and to the following named persons, personally, the amounts hereinbelow set forth, as back pay : William Sanders------------------------------------ $60.00 Aurelia Toth--------------------------------------- 30.00 Andrew Rodgers------- ----------------------------- 65.00 Marie Doll----------------------------------------- 65.00 R. C. CAN COMPANY 451 Flora Howard--------------------------------------- $45.00 Anna Tobin ---------------------------------------- 25 00 Francis Newman ----------------------------------- 30.00 John Kuczinski------------------------------------- 100.00 Ben Brezinski-------------------------------------- 100.00 Tom Bushardt -------------------------------------- 100.00 Josephine Flowers---------------------------------- 35.00 Tyman Albert-------------------------------------- 24.00 Frank Szeptowsky---------------------------------- 10.00 Claudine Mandrell---------------------------------- 10.00 John Chilton---------------------------------------- 10.00 Hazel Emons--------------------------------------- 9.00 Mavis Chilton -------------------------------------- 10.00 Lyman Tucker ------------------------------------- 9.00 Columbus Hastings --------------------------------- 18.00 (c) Bargain collectively with the Union as the exclusive repre- sentative of its employees engaged in productive work except foremen, assistant foremen, and persons receiving salaries, so long as the Union shall continue to represent the majority of its said employees, with respect to rates of pay, wages, hours and other conditions of employment, and, if an understanding is reached on any such said matters, embody said understanding in a written agreement for a definite term to be agreed upon, if requested to do so by said Union ; (d) Immediately post and keep visible in a prominent place in each department of the Respondent's plant in the City of St. Louis, Missouri, for a period of thirty (30) days, a Notice stating that the Respondent will cease and desist as provided in Paragraph 1 (a) and through (g) hereof, and will take the affirmative action provided in Paragraph 2, (a) through (d) hereof. Also immediately send by mail copies of said notice enclosed in a sealed and duly postpaid wrapper, directed to each of the Respondent's employees asso- ciated with its plant at St. Louis, Missouri, and engaged in pro- ductive work, except foremen, assistant foremen, and persons receiving salaries, at their last known place of address, who shall not be engaged in work for the Respondent upon the date of this Stipulation. On May 20, 1938, pursuant to Article II, Section 37, of National Labor Relations Board Rules and Regulations-Series 1, as amended, the case was transferred to the Board. On June 1, 1938, the Board duly revoked the above-mentioned order for the reason that it erro- neously stated that a hearing had been held in the case. On the same date the Board issued its order approving the said stipulation and transferring the proceeding to the Board for the purpose of entry of a decision and order by the Board pursuant to the said stipulation. 169134-39-vol. 12-30 452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Since the stipulation made no provision for the disposition of the cases of Lillie McClard, Viola Ellebracht, Oma Shore, G. A. Ross, Fred Zibell, Kate Mandrell, Leslie Miller, Clara Sadler, and Delbert Mandrell, the complaint, in so far as it relates to them, will be dismissed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent is a Missouri corporation engaged in the man- ufacture, sale, and distribution of 'fibre cans and tubes, with its prin- cipal office and place of business in St. Louis, Missouri. It also owns and operates plants in Kansas City, Missouri, and in Rittman, Ohio. The principal raw materials used by the respondent in its business are sheet-tin plate, paper stock, and glue. For the year 1937, the respondent's total purchases of raw materials amounted to approx- imately $235,000, of which about 85 per cent were shipped to the respondent's plants from States other than Missouri and Ohio. During the same year the respondent manufactured at its St. Louis plant finished products valued at $350,000, of which about 17 per cent were shipped to points outside the State of Missouri. 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 and stipulation and upon 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 R. C. Can Company, St. Louis, Missouri, shall : 1. Cease and desist from : (a) Interfering with, restraining, or coercing its employees in any manner, directly or indirectly, 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 purposes of collective bargain- ing or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging in any manner, directly or indirectly, mem- bership in the Union or in any other labor organization of its employees ; R. C. CAN COMPANY 453 (c) Discharging, threatening, either directly or indirectly, or re- fusing to reinstate any of its employees for joining the Union, or any other labor organization of its employees; (d) Discriminating, in any manner either directly or indirectly, against any of its employees in regard to hire or tenure of employ- ment for joining the Union, or any other labor organization of its employees; (e) Dominating, sponsoring, or interfering, either directly or in- directly, with the formation or administration of any labor or- ganization ; (f) Refusing to bargain collectively with the Union as repre- sentative of its employees engaged in productive work except fore- men, assistant foremen, and persons receiving a salary, so long as the Union shall continue to represent the majority of its said employees; (g) Entering into individual contracts with relation to employ- ment with any of its employees , members of the Union engaged in productive work, exclusive of foremen , assistant foremen, and per- sons receiving salaries. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to the following named persons , in order of seniority, immediate and full reinstatement to their former positions without prejudice to any rights and privileges previously enjoyed or accru- ing to them ; except that the respondent shall place upon a preferred list for reemployment in order of seniority such of the following persons as have heretofore held positions which are now vacant by reason of decreased or suspended production : Aurelia Toth Marie Doll Flora Howard Anna Tobin Francis Newman John Kuczinski Ben Brezinski Tom Bushardt Josephine Flowers Claudine Mandrell Hazel Emons Mavis Chilton Lyman Tucker (b) Pay immediately and to the following named persons, per- sonally, the amounts hereinbelow set forth, as back pay : William Sanders ---------------------------------------- $60.00 Aurelia Toth-------------------------------------------- 30.00 Andrew Rodgers ---------------------------------------- 65.00 Marie Doll---------------------------------------------- 65.00 Flora Howard ------------------- ---------------------- 45.00 Anna Tobin--------------------------------------------- 25.00 Francis Newman---------------------------------------- 30.00 John Kuezinski----------------------------------------- 100.00 454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Ben Brezinski------------------------------------------- $100.00 Tom Bushardt ------------------------------------------ 100.00 Josephine Flowers--------------------------------------- 35.00 Tyman Albert------------------------------------------- 24.00 Frank Szeptowsky -------------------------------------- 10.00 Claudine Mandrell--------------------------------------- 10.00 John Chilton-------------------------------------------- 10.00 Hazel Emons-------------------------------------------- 9.00 Mavis Chilton------------------------------------------- 10.00 Lyman Tucker ------------------------------------------ 9.00 Columbus Hastings--------------------------------------- 13 00 (c) Bargain collectively with the Union as the exclusive repre- sentative of its employees engaged in productive work except fore- men, assistant foremen, and persons receiving salaries, so long as the Union shall continue to represent the majority of its said em- ployees, with respect to rates of pay, wages, hours, and other condi- tions of employment, and, if an understanding is reached on any such said matters, embody said understanding in a written agree- ment for a definite term, to be agreed upon, if requested to do so by the Union; (d) Immediately post and keep visible in a prominent place in each department of the respondent's plant in the city of St. Louis, Missouri, for a period of thirty (30) days, a notice stating that the respondent will cease and desist as provided in paragraphs 1 (a) through (g) hereof, and will take the affirmative action provided in paragraphs 2 (a) through (d) hereof. Also, immediately send by mail copies of said notice enclosed in a sealed and duly postpaid wrapper, directed to each of the respondent's employees associated with its plant at St. Louis, Missouri, and engaged in productive work, except foremen, assistant foremen, and persons receiving sal- aries, at their last known place of address who were not engaged in work for the respondent May 12, 1938. AND IT Is FURTHER ORDERED that the complaint, in so far as it per- tains to the cases of Lillie McClard, Viola Ellebracht, Oma Shore, G. A. Ross, Fred Zibell, Kate Mandrell, Leslie Miller, Clara Sadler, and Delbert Mandrell, be, and it hereby is, dismissed.