Metal Door & Trim Co., a Corporation

In the Matter of METAL Doon & TRIM Co., A CORPORATION and LODGE 1690, AMALGAMATED ASSOCIATION OF IRON , STEEL ANDI TIN WORKERS OF NORTH AMERICA, THROUGH STEEL WORKERS ORGANIZING COM- MITTEE, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZA- TIONS and HOLLOW METAL WORKERS UNION , PARTY TO THE CONTRACT Case No. C-1934.0.Decided April 27,1939 Fabricated Metal Manufacturing and Assembling Industry-Settlement: stipu- lation providing for compliance with Act, including disestablishment of and abrogation of contract with company-dominated union-Order : entered on stipulation. Mr. Robert R. Rissman, for the Board. Mr. Kenneth D. Osborn, of La Porte, Ind., for the respondent. Mr. John Brownlee, of Chicago, Ill., for the Union. Mr. Lawrence Pelis, of La Porte, Ind., for the H. M. W. U. Mr. F. Hamilton Seeley , of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Lodge 1690, Amalgamated Association of Iron, Steel and Tin Workers of North America, through Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chicago, Illi- nois), issued its complaint dated March 8, 1937, against Metal Door & Trim Co., a corporation, La Porte, Indiana, 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), 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 on the respondent, the Union, and upon the Hollow Metal Workers Union (Independent), herein called the H. M. W. U., a labor organization allegedly dominated and supported by the re- 12 N. L. R. B., No. 63. 530 METAL DOOR & TRIM CO. 531 spondent. On March 15, 1939, pursuant to Article II, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, the Regional Director withdrew the complaint. Upon second amended charges duly filed by the Union, the Board, by its Regional Director, issued its amended complaint dated March 15, 1939, against the respondent, alleging that the respondent had en- gaged in and was engaging in unfair labor practices affecting com- merce within the meaning of Section 8 (1) and (2) and Section 2 (6) and (7) of the Act. Copies of the amended complaint and notice of hearing thereon were duly served on respondent, the Union, and the H. M. W. U. On March 16, 1939, the respondent filed its answer to the complaint in which it admitted the allegations concerning the nature and scope of its business but denied the allegations of unfair labor practices. Concerning the unfair labor practices, the amended complaint alleged, in substance, that the respondent dominated and interfered with the formation and administration of the H. M. W. U.; that the respondent threatened its employees with closing of the plant if they remained members of the Union; and that the respondent by the above-mentioned activities, and by urging, persuading, and warn- ing its employees to refrain from becoming or remaining members of the Union, and by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On March 16, 1939, the respondent, the Union, the H. M. W. U., and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : IT IS HEREBY STIPULATED AND AGREED by and between METAL DooR & TRIM Co., a corporation, hereinafter called respondent, LODGE 1690, AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF NORTH AMERICA, THROUGH STEEL WORKERS ORGAN- IZING COMMITTEE, AFFII.LATED WI r'r THE CONGRESS OF INDUSTRIAL ORGANIZATIONS, hereinafter called the union, HoLLow METAL WORKERS UNION, hereinafter called H. M. W. U., and Robert R. Rissman, Attorney, National Labor Relations Board, that : I Upon amended charges duly filed by the union, the National Labor Relations Board, hereinafter called the Board, by G. L. Patterson, Regional Director for the Thirteenth Region, (Chi., cago, Illinois) hereinafter called the Regional Director, issued its Complaint and Notice of Hearing thereon, dated March 8, 1939, against respondent, alleging that respondent had engaged in and 169134-39-vol. 12-35 532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD was engaging in unfair labor practices within the meaning of Section 8, Subdivisions (1), (2), and (5), and Section 2, Sub- divisions (6) and (7) of the National Labor Relations Act, 49 Stat. 449, hereinafter called the Act. On March 9, 1939, copies of the Complaint, Amended Charge, Notice of Hearing and National Labor Relations Board Rules and Regulations, Series 1, as amended, were duly served upon respondent, the union and H. M. W. U. Hearing was scheduled for 10: 00 A. M. March 20, 1939, in the Little City Court Room, City Offices, Masonic Temple, La Porte, Indiana. On March 15, 1939, pursuant to Article II, Section 8 of the National Labor Relations Board Rules and Regu- lations, Series 1, as amended, the Regional Director withdrew the Complaint. Upon second amended charges duly filed by the union, the Board, by the Regional Director, issued its Amended Complaint and Notice of Hearing thereon, dated March 15, 1939, against respondent, alleging that respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8, Subdivisions (1) and (2) and Section 2, Subdivisions (6) and (7) of the Act. ' On March 16,1939, copies of the Amended Complaint, Second Amended Charge, Notice of Hearing and National Labor Relations Board Rules and Regulations, Series 1, as amended, were duly served upon respondent, the union and H. M. W. U. Hearing was scheduled for 10: 00 a. m., March 22, 1939, in the Little City Court Room, City Offices, Masonic Temple, La Porte, Indiana. On March 16, 1939, respondent filed its Answer to the Amended Complaint, admitting some of the alle- gations, but denying that it had engaged or was engaged in unfair labor practices as alleged. II 1. Respondent is and has been since February 26, 1926, a cor- poration organized under and existing by virtue of the laws of the State of Illinois, licensed to do business in the State of In- diana and having its principal office and place of business in the City of La Porte, County of La Porte, State of Indiana. Respondent maintains a sales office in New York City, New York. Respondent owns and operates a plant in the City of La Porte, County of La Porte, State of Indiana, hereinafter called the plant, where it is now and has been at all times mentioned in the Amended Complaint engaged in the design, manufacture, assembly, sale and distribution of hollow metal doors, trim, rolled steel door frames, bases, mouldings and other fabricated sheet steel products. Approximately 200 persons are employed by re- spondent during periods of normal business operations. METAL DOOR & TRIM CO. 533 2. In the course and conduct of its business and in the opera- tion of the plant, respondent causes and has continuously caused approximately .60 per centum of the raw materials used by it in the manufacturing process, consisting of sheet steel, paint, lumber, asbestos, nuts, bolts, screws, hardware, and miscellane- ous parts and supplies to be purchased and transported in inter- state commerce from and through States of the United States other than the State of Indiana. Hollow metal doors, frames, and trim are designed and manu- factured at the plant according to architects' drawings and speci- fications, for installation in schools, hospitals, hotels, and office and apartment buildings. In most of the larger jobs installa- tion at the building site is by respondent. Approximately 90 per centum of respondent's total annual production is on special order. In the course and conduct of its business and in the operation of the plant, respondent causes and has continuously caused approximately 93 per centum of the finished products manufac- tured at the plant to- be sold and transported in interstate com- merce from the plant in the State of Indiana to, into, and through States of the United States other than the State of Indiana. For the year ending December 31, 1938, respondent's aggre- gate sales were approximately $646,000. Raw materials and fin- ished products move in and out of the plant over common carrier railroad and truck lines. The plant is serviced by spur tracks of the New York Central Railroad and the New York, Chicago & St. Louis Railroad. Respondent admits that it is engaged in interstate commerce and that the above described operations affect commerce within the meaning of Section 2, Subdivisions (6) and (7) of the Act. III 1. Lodge 1690, Amalgamated Association of Iron, Steel and Tin Workers of North America, Through Steel Workers Organ- izing Committee, Affiliated with the Congress of Industrial Or- ganizations, is a labor organization within the meaning of Sec- tion 2, Subdivision (5) of the Act. 2. Hollow Metal Workers Union is a labor organization within the meaning of Section 2, Subdivision (5) of the Act. IV The parties hereto waive their right to a hearing in this cause and the making of Findings of Fact and Conclusion of Laws 534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD by the Board, pursuant to the provisions of the Act, and all parties agree that this Stipulation and Agreement, Complaint, Notice of Hearing, Amended Charge, Amended Complaint, Second Amended Charge, National Labor Relations Board Rules and Regulations, Series 1, as amended, issued in this matter and served upon the parties, together with affidavits of service, Order withdrawing Complaint, and Answer of Respondent to Amended Complaint, may be introduced in the record in this proceeding by filing same with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. V IT IS FURTHER STIPULATED AND AGREED , by and between the parties hereto, that upon this Stipulation and Agreement, if approved by the Board, an Order may forthwith be entered by the Board and by the appropriate United States Circuit Court of Appeals, the parties hereto expressly waiving further notice of the application therefor, providing as follows : Respondent, Metal Door & Trim Co., a corporation, its officers, agents, successors and assigns, shall: 1. Cease and desist from : (a) Dominating and interfering with the administration of Hollow Metal Workers Union, or the formation or administra- tion of any other labor organization of its employees, or giving other support to Hollow Metal Workers Union, or to any other labor organization of its employees; (b) Recognizing Hollow Metal Workers Union as the repre- sentative of any of the employees for the purpose of dealing with respondent concerning grievances, labor disputes, wage`s, rates of pay, hours of employment, or conditions of work; (c) Giving effect to, or in any manner enforcing or recog- nizing the certain agreement dated March 17, 1938, or any re- newals or supplements thereto, between Metal Door & Trim Co., and Hollow Metal Workers Union; (d) Discouraging membership in Lodge 1690, Amalgamated Association of Iron, Steel and Tin Workers of North America, Through Steel Workers Organizing Committee, Affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, by urging, persuading or warning its employees to refrain from becoming or remaining members of said organizations; (e) In any other manner interfering with, restraining or co- ercing its employees in the exercise of the right to self -organiza- tion, to form, join, or assist labor organizations , to bargain col- METAL DOOR & TRIM CO. 535 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 Act. 2. Take the following affirmative action in order to effectuate the policies of the Act : (a) Withdraw all recognition from Hollow Metal Workers Union as the 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 con- ditions of employment; and completely disestablish said Hol- low Metal Workers Union as such representative; (b) Post immediately upon receipt of notice of the Board's approval of this Stipulation and Agreement, in conspicuous places in each department of the plant notices stating: (1) that respondent will cease and desist as provided in paragraphs 1 (a), (b), (c), (d), and (e) of the Order; (2) that respondent withdraws all recognition from the Hollow Metal Workers Union as a representative of any of its employees, and completely dis- establishes it as such representative; (c) Maintain such notice for a period of at least sixty (60) consecutive days from the date of posting; (d) Notify the Regional Director for the Thirteenth Region, in writing, within ten (10) days from the date of the Board's approval of this Stipulation and Agreement what steps respond- ent has taken to comply therewith. It is further stipulated and agreed that this Stipulation and Agreement is subject to the approval of the National Labor Relations Board. On April 4, 1939, the Board issued its order approving the above stipulation, making it part of the record, and transferring the pro- ceeding to the Board for the purpose of entry of a decision and order by the Board. 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 The Metal Door & Trim Co., an Illinois corporation, having its principal office and place of business in the city of La Porte, Indiana, is engaged in the design, manufacture, assembly, sale, and distribution of hollow metal doors, trim, rolled steel door frames, bases, mouldings, and other fabricated sheet steel products. In the course and conduct 536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of its business, the respondent causes and has continuously caused approximately 60 per cent of the raw materials used by it in the manufacturing process, consisting of sheet steel, paint, lumber, asbes- tos, nuts, bolts, screws, hardware, and miscellaneous parts and supplies, to be purchased and transported in interstate commerce from and through States other than the State of Indiana. For the year ending December 31, 1938, the respondent's aggre- gate sales were approximately $646,000. Approximately 93 per cent of the finished products were sold and distributed outside the State of Indiana. 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 Metal Door & Trim Co., a corporation, its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) Dominating and interfering with the administration of Hol- low Metal Workers Union, or the formation or administration of any other labor organization of its employees, or giving other support to Hollow Metal Workers Union, or to any other labor organization of its employees; (b) Recognizing Hollow Metal Workers Union as the representative of any of the employees for the purpose of dealing with respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work; (c) Giving effect to, or in any manner enforcing or recognizing the certain agreement dated March 17, 1938, or any renewals or supple- ments thereto, between Metal Door & Trim Co., and Hollow Metal Workers Union; (d) Discouraging membership in Lodge 1690, Amalgamated Asso- ciation of Iron, Steel and Tin Workers of North America, through Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, by urging, persuading, or warning its employees to refrain from becoming or remaining members of said organizations; (e) In any other manner interfering with, restraining, or coercing its employees in the exercise of the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in con- METAL DOOR & TRIM CO. 537 certed activities for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the Act. 2. Take the following affirmative action in order to effectuate the policies of the Act : (a) Withdraw all recognition from Hollow Metal Workers Union as the 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 employment; and completely disestablish said Hollow Metal Workers Union as such representative; (b) Post immediately upon receipt of notice of the Board's approval of this Stipulation and Agreement, in conspicuous places in each department of the plant notices stating: (1) that respondent will cease and desist'as provided in paragraphs 1 (a), (b), (c), (d), and (e) of the Order; (2) that respondent withdraws all recognition from the Hollow Metal Workers Union as a representative of any of its employees, and completely disestablishes it as such repre- sentative; (c) Maintain such notice for a period of at least sixty (60) con- secutive days from the date of posting; (d) Notify the Regional Director for the Thirteenth Region, in writing, within ten (10) days from the date of the Board's approval of this Stipulation and Agreement what steps respondent has taken to comply therewith.