Sa-Ga-Mor Metal Goods Corporation and Metalfield Incorporated

In the Matter of SA-GA-MOR METAL GOODS CORPORATION' and METAL- FIELD INCORPORATED and MACHINE & INSTRUMENT LOCAL No. 1227 AFFILIATED WITH DISTRICT No. 4, UNITED ELECTRICAL, RADIO & MA- CHINE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF IN- DUSTRIAL ORGANIZATIONS Case No. C-1239.-Decided May 8,1939 Metal Novelty Manufacturing Industry-Settlement : stipulation providing for compliance with the Act-Order: entered on stipulation. Mr. Christopher W. Hoey, for the Board. Mr. Bernard F. Nathan, Mr. Sylvan H. Nathan, and Mr. Allan D. Emil, of New York City, for the respondents. Liebman, Robbins, Pressman & Leider, by Mr. Harold I. Cammer, of New York City, and Mr. Frank Scheirer, of New York City, for the Union. Mr. Roscoe L. Barrow, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Machine & In- strument Local No. 1227, herein called the Union, the National Labor Relations Board, herein called the Board, by Elinore M. Herrick, Re- gional Director for the Second Region (New York City), issued its complaint dated February 15, 1939, against Sa-Ga-Mor Metal Goods Corporation and Metalfield Incorporated, herein called the respond- ents, alleging that the respondents had engaged in and were engaging in unfair labor practices 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 notices of hearing were duly served upon the respondents and the Union. 1 The charge, complaint, and notice of hearing referred to this respondent as Sagamor Metal Goods Inc., but it was later stipulated that the correct title is the title designated above. 12 N. L. R. B., No. 84. 772 SA-GA-MOR METAL GOODS CORPORATION 773 Concerning the unfair labor practices, the complaint alleged, in substance, that although the Union was the representative for col- lective bargaining of a majority of the employees in a certain depart- ment, an appropriate unit, the respondent Sa-Ga-Mor Metal Goods Corporation refused to bargain with the Union, closed down the department in which the members of the Union were employed, dis- charged them, and advised them to apply for work with the respond- ent Metalfield Incorporated; that Sa-Ga-Mor Metal Goods Corpora- tion refused to reinstate these employees and in protest thereof the production and maintenance employees of Sa-Ga-Mor Metal Goods Corporation went on strike; that the Union attained a majority status among all the production and maintenance workers, who, exclusive of clerical and supervisory employees, constitute an appropriate unit, but Sa-Ga-Mor Metal Goods Corporation refused to bargain with the Union, closed its plant, and moved its place of business to another State, thereby locking out its employees; that the employees have applied to both respondents for reinstatement and were refused; and that by these and other acts the respondents interfered with, re- strained, and coerced their employees in the exercise of the rights guaranteed by Section 7 of the Act. On March 6,1938, the respondents filed their answers in which they admitted the nature and scope of their business but denied the allega- tions of unfair labor practices. Pursuant to notices of postponements thereof duly served upon the parties, a hearing was held on March 27, 29, 30, and 31, 1939, at New York City, before William Seagle, the Trial Examiner duly desig- nated by the Board. The Board, the Union, and the respondents participated in the hearing and were represented by counsel. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the hearing the respondents and the Board entered into a stipulation, dated March 28, 1939, covering the interstate-commerce features of the business of both respondents. Also while the hearing was in progress, the respondents, the Union, and counsel for the Board entered into a stipulation, dated March 30, 1939, in settlement of the case. The latter stipulation provides as follows : In settlement of this case, SA-GA-MOR METAL GooDs, INC., METALFIELD INCORPORATED, on behalf of themselves and their successors or assigns, LOCAL 1227, UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. 0., and the NATIONAL LABOR RELATIONS BOARD, SECOND REGION, through its attorney, agree as- follows : I. The correct corporate titles of respondents are SA-GA-MOR METAL GOODS CORPORATION and METALFIELD INCORPORATED. 774 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. The respondents consent to the jurisdiction of the National Labor Relations Board and concede that they engage in inter- state commerce within the meaning of the National Labor Rela- tions Act, and for that purpose consent that the Board can make findings of fact on the basis of a stipulation now in evidence in this proceeding and marked "Board's Exhibit 3". III. SA-GA-MoR METAL GOODS CORPORATION and METALFIELD INCORPORATED will not: (a) Interfere with, restrain or coerce their employees in the exercise of the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representa- tives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. (b) Discourage membership in any labor organization of its employees, by discharging or threatening to discharge, or refus- ing to reinstate, any of its employees, or otherwise discriminating in regard to hire and tenure of employment or any term or con- dition of employment, or by threatening such discrimination. IV. SA-GA-MOR METAL GOODS CORPORATION and METALFIELD INCORPORATED will take the following affirmative action in order to effectuate the policies of the National Labor Relations Act: (a) Pay to the Regional Director for the Second Region of the National Labor Relations Board the sum of Seven Thousand ($7,000) Dollars to be distributed by the said Regional Director in such amounts and among such of the employees named in the Complaint herein as may be consented to by Local 1227, United Electrical, Radio & Machine Workers of America, C. I. 0. Respondents shall have no liability for the distribution of said Seven Thousand ($7,000) Dollars, and its liability with reference to payment shall be fully discharged upon its payment to the Regional Director of the full sum of Seven Thousand ($7,000) Dollars, as hereinafter provided. The said sum of Seven Thousand ($7,000) Dollars is to be paid to the Regional Director for the Second Region of the National Labor Relations Board in the following amounts and on the following dates : May 15, 1939------------------------------------- $750.00 June 15, 1939------------------------------------- 750.00 July 15, 1939------------------------------------- 750.00 August 15, 1939----------------------------------- 1,187.50 September 15, 1939-------------------------------- 1,187.50 October 15, 1939---------------------------------- 1,187.50 November 15, 1939-------------------------------- 1,187.50 SA-GA-MOR METAL GOODS CORPORATION 775 (b) Post notices in conspicuous places in the plant of Metal- field Incorporated at Milltown, New Jersey, stating : (1) Employees of this company have the right to self-organ- ization, 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. (2) That such notices shall remain posted for a period of at least thirty (30) days from the date of posting. V. An order based on the terms of this agreement may be made by the National Labor Relations Board. VI. It is understood that by consenting to the entry of the foregoing order, the respondents do not admit that they have been guilty of any of the unfair labor practices mentioned therein. VII. A consent decree embodying the substance of such order of the National Labor Relations Board may be entered in the Circuit Court of Appeals for the appropriate Circuit, upon ap- plication by the Board without notice to any party. VIII. This stipulation is submitted subject to the approval of the National Labor Relations Board at Washington, D. C. DATED : New York, March 30, 1939 On April 1, 1939, the Board issued its order approving the above stipulation, making it a part of the record in the case, and trans- ferring the proceeding to the Board for the purpose of entering 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 RESPONDENT Sa-Ga-Mor Metal Goods Corporation has its principal office in New York City. Prior to July 15, 1938, it was engaged in manu- facturing and selling metal vanity cases and novelties. Its plant was located in Long Island City, New York. During the period commencing June 1, 1937, and ending June 1, 1938, it purchased raw materials costing over $200,000, of which approximately 80 per cent were shipped to the Long Island City plant from points outside of New York. During the same period it manufactured and sold products which grossed over $600,000. Approximately 51 per cent of these products were sold and shipped outside New York State. Sa-Ga-Mor Metal Goods Corporation is presently engaged in pur- 776 DECISIONS OF NATIONAL LABOR RELATIONS $0ARD chasing raw materials for the use of Metalfield Incorporated and sell- ing the finished products manufactured therefrom by Metalfield In- corporated. During the period from September 1, 1938, to March 1, 1939, Sa-Ga-Mor Metal Goods Corporation purchased raw materials costing over $50,000 for delivery to Metalfield Incorporated at Mill- town, New Jersey, and 70 per cent of the raw materials so delivered were shipped from points outside New Jersey. During the same period Sa-Ga-Mor Metal Goods Corporation has sold goods manu- factured by Metalfield Incorporated of a value exceeding $225,000, of which 85 per cent were shipped from the Milltown plant to points outside New Jersey. Metalfield Incorporated has its principal office in New York City and its factory at Milltown, New Jersey. Prior to August 1, 1938, it was engaged in manufacturing and selling a novelty article bearing the trade name "The Weekender" and in manufacturing and selling a special shelf. Since August 1, 1938, it has continued the above operations and has manufactured the articles sold by Sa-Ga-Mor Metal Goods Corporation. The latter operation constitutes 95 per cent of its business. During the period from June 1, 1937, to June 1, 1938, it received over $10,000 from the sale of the novelty and shelf. During this period the factory was in Long Island City, New York. Approximately 65 per cent of the finished products were shipped to points outside New York State. The raw materials were purchased by Sa-Ga-Mor Metal Goods Corporation. We find that the operations of both respondents described above 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 en- tire 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, Sa-Ga-Mor Metal Goods Corporation, New York City, and Metalfield Incorporated, New York City : 1. Shall not : (a) Interfere with, restrain, or coerce their employees in the exer- cise 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 concerted activities, for the purpose of collective bargaining or other mutual aid or protection; (b) Discourage membership in any labor organization of its em- ployees, by discharging or threatening to discharge, or refusing to re- instate, any of its employees, or otherwise discriminating in regard SA-GA-MOR METAL GOODS CORPORATION 777 to hire and tenure of employment, or any term or condition of em- ployment, or by threatening such discrimination. 2. Shall take the following affirmative action in order to effectuate the policies of the Act: (a) Pay to the Regional Director for the Second Region of the National Labor Relations Board the sum of $7,000 to be distributed by the said Regional Director in such amounts and among such of the employees named in the complaint herein as may be consented to by Local 1227, United Electrical, Radio & Machine Workers of America, C. I. 0. Respondents shall have no liability for the distribution of said $7,000, and its liability with reference to payment shall be fully discharged upon its payment to the Regional Director of the full sum of $7,000 as hereinafter provided. The said sum of $7,000 is to be paid to the Regional Director for the Second Region of the National Labor Relations Board in the following amounts and on the following dates : May 15, 1939---------- -------------------------------- $750.00 June 15, 1939----- ------------------------------------ 750.00 July 15, 1939------------------------------------------ 750.00 August 15, 1939---------------------------------------- 1,187.50 September 15, 1939------------- ----------------------- 1,187.50 October 15 , 1939-------------------------------------- 1,187.50 November 15, 1939------------------------------------ 1,187.50 (b) Post notices in conspicuous places in the plant of Metalfield Incorporated at Milltown, New Jersey, stating : (1) Employees of this company have 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- certed activities, for the purpose of collective bargaining or other mutual aid or protection. (2) That such notices shall remain posted for a period of at least thirty (30) days from the date of posting.