The Titan Valve and Manufacturing Co.

In the Matter of THE TITAN VALVE AND MANUFACTURING CO. and INTERNATIONAL ASSOCIATION OF MACHINISTS , DISTRICT #54, AFFILI- ATED WITH THE AMERICAN FEDERATION OF LABOR Case No. C-1346.-Decided September 25, 1939 Thermostat Control Manufacturing Industry-Settlement : stipulation provid- ing for compliance with the Act, including. reinstatement of certain employees- Order: entered on stipulation. Mr. Paul F. Broderick and Mr: Bernard R. Bralove, for the Board. Mr. Julian W. Andrus, of Cleveland, Ohio, for the respondent. Mr. Matthew DeMoore, of Cleveland, Ohio, for the Union. Mr. F. Hamilton Seeley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges. and amended charges -duly filed by International Association of Machinists, District #54 (A. F. of L.), herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighth Region (Cleveland, Ohio), issued its complaint dated August 18, 1939, and its amended complaint dated August 24, 1939, against the Titan Valve and Manu- facturing Co., Cleveland, Ohio, herein called the respondent, alleg- ing that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint, amended complaint, and notice. of hearing thereon were duly served upon, the respondent and the Union. Concerning the unfair labor practices, the complaint, as amended, alleged, in substance, that the respondent (1) discharged and re- fused to reinstate certain named employees because of their affilia- tion with and membership in the Union and because they engaged in other concerted activities with employees of the respondent for the purpose of collective bargaining and other mutual aid and pro- 15 N. L. R. B., No. 68. 661 199549--39-vol. 15--43 662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tection; and (2) caused its employees to be questioned concerning membership in the Union, caused or permitted an investigation to be made among its employees to ascertain their activities with respect to their right to self-organization, and by these and other acts, in- terfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On August 25, 1939, the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : STIPULATION It is hereby stipulated and agreed by and among the Titan Valve and Manufacturing Company (hereinafter referred to as respondent), by its president Wm. T. Bentley and its general attorney and secretary Julian W. Andrus, and the. International Association of Machinists, District #54, affiliated with the American Federation of Labor (hereinafter referred to as the union), by Matthew DeMoore, president, and Bernard R. Bra- love, Attorney, Eighth Region, National Labor Relations Board as follows: I. Upon third amended charge duly filed by the union, the National Labor Relatiols Board by Oscar S. Smith, Regional Director, Eighth Region, National Labor Relations Board, as agent for the National Labor Relations Board, hereinafter re- ferred to as the Board, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act (hereinafter referred to as the Act), approved July 5th 1935, and acting pur- suant to its Rules and Regulations Series .2, Article IV, Section 1, issued its Amended Complaint and Notice of Hearing on the 24th of August, 1939 against the Titan Valve and Manufacturing Company, respondent herein. II. It is hereby stipulated and agreed, subject to the approval of the Board that : (a) All parties hereby expressly admit valid service of the Amended Complaint; waive their right to hearing; waive their right to offer evidence and the taking of testimony in a hearing of said matter. (b) All parties hereto waive the making of Findings of Fact and Conclusions of Law by the National Labor Relations Board. (c) All parties expressly consent to the issuance by the Na- tional Labor Relations Board of a Decision and Order based upon this stipulation as hereinafter set out. . III. Respondent is and has been since March 15, 1932 a cor- poration organized under and existing by virtue of the laws THE TITAN VALVE AND .MANUFACTURING CO. 663 of the State of Ohio having its office and plant at 9913 Elk Avenue, Cleveland, Ohio (hereinafter called the Cleveland plant), and is now and has continuously been engaged in manu- facturing, assembling and distributing thermostat controls for domestic water heaters. 1. During the period January 1, 1938 to December 31, 1938 respondent purchased and transported for use at its Cleveland plant approximately $70,000 of raw materials including red brass castings, alloy steel, yellow screw machine parts and copper pipe. Of this amount approximately 65% in value of said materials was purchased and transported in interstate commerce from, into and through states of the United" States other than the State of Ohio to the Cleveland plant in the State of Ohio. 2. During the above described period, respondent manufac- tured, assembled and distributed 100,000 completed units of which approximately 75% were sold in States other than the State of Ohio. 3. Respondent, the Titan Valve and Manufacturing Company is engaged in interstate commerce within the meaning of Section 2, subsection (6) and (7) of the National Labor Relations Act. IV. It is stipulated and agreed that: 1. The International Association of Machinists, District #54, affiliated with the American Federation of Labor, is a labor organization within the meaning of Section 2, subsection (5) .of the Act. V. It is stipulated and agreed that the National Labor Re- lations Board may forthwith enter an Order in the above en- titled case to the following effect : Respondent, the Titan Valve and Manufacturing Company, its officers, agents, successors, and assigns shall: 1. Cease and desist from the date hereof from : (a) Interfering in any manner with, restraining or coercing its employees in the exercise of their right to self-organization, to form, join or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to engage in concerted activities for the purposes of collective bar-- gaining and other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in the International Associa- tion of Machinists, District #54, affiliated with the American Federation of Labor, or any other organization of its employees by discriminating against its employees in regard to hire or tenure of employment, or any other term or condition' of employ- ment, or by any other means. 664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Offer full and immediate reinstatement, consistent with the present personnel needs of respondent, without prejudice to any rights or privileges previously enjoyed, to those employees of respondent named on Appendix A attached hereto and made a part hereof, with the same force and effect as if herein fully set forth, according to their seniority. as defined and classified in the above referred to Appendix A. (b). Place the remainder of these employees on Appendix A for whom no work is presently available on a preferential list of employment to be recalled without prejudice to any rights or privileges previously enjoyed and in conformance to the above referred to Appendix A. (c) Immediately post notices in conspicuous places through- out its Cleveland plant and maintain said notices for a period of sixty (60) consecutive days stating: (1) that `respondent will cease and desist as aforesaid, and (2) that respondent will take the affirmative action as aforesaid. (d) Notify the Regional Director for the `Eighth Region within a period of ten (10) days what steps have been taken to comply with said Order. VI. It is stipulated and agreed that this stipulation together with the third amended charge, the Amended. Complaint and Notice of Hearing, the Rules and Regulations ., of the 'Board' and proof of service thereof may be introduced as evidence upon filing them with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C., and by such filing shall thereby constitute the entire record herein. VII. It is further expressly stipulated and agreed that after the making of said Order and Decision by the National Labor Relations Board in conformance with this stipulation, said Board may submit, without further notice to the parties hereto, a consent decree to the appropriate United States'Circuit Court of Appeals, which decree shall provide for the affirmance and en- forcement in full of each and every provision contained-in the Order which it is hereinbefore provided that the National Labor Relations Board may make herein, in strict accordance'with this stipulation, and the several parties hereto hereby consent to the entry of said decree by said appropriate Circuit Court of Appeals. VIII. This stipulation contains the entire agreement among the parties there being no agreement of any kind verbal or otherwise which varies, alters, or adds to this stipulation. THE TITAN VALVE AND MANUFACTURING CO 665 IX. All stipulations herein made, and the terms and• pro- visions hereof are made subject to the approval of the National Labor Relations Board. THE TITAN VALVE & MANUFACTURING COMPANY PRODUCTION EMPLOYEES-APPENDIX "A» Employees will be classified according to group seniority as follows : Group A-Machinists O'Doane------------------------------------------ 10/19/36 Reese -- ------------------------------------------ 10/21/36 Ryan--------------------------------------------- 2/4/37 Levandoski --------------------------------------- 4/26/37 Ray---------;------------------------------------- 6/1/38 Pannitto ----------------------------------------- 2/22/39 Gaorski ----------------------------------------- 4/9/39 McEntee------------------------------------------ 4/25/39 Group B-Drill Press Operators Craig-setup ------------------------------------- 4/25/38 Kemper ------------------------------------------ 4/14/38 Group C-Toolroom Horner-toolmaker-------------------------------- 3/21/38 Paul-helper-------------------------------------- 7/26/38 Group D-Assembly Green-temperature setting------------------------ 5/1/35 Metzler-thermostat assembly--------------------- 5/1/35 Lisy-pack, ship---------------------------------- 1/8/36 French-T-100 and T-400------------------------- 2/12/36 Rezac-pilot assembly----------------------------- 5/3/36 Gemmel-thermostat gas test--- ------------------- 2/11/37 Itakar-assembler --------------------------------- 4/4/38 Lackowski-T-40 Thermostat---------------------- 4/25/38 Rock-helper rec. stock---------------------------- 4/27/38 Hannaford-assembler ---------------------------- 5/12/38 Biederstedt-pilot------ --------------------------- 5/16/38 Margolis-assembler ------------------------------ 11/14/38 Nahrstadt-assembler----------------------------- 1/23/39 Lukek-assembler -------------------------------- 1/25/39 Kaprosy-assembler ------------------------------ 2/4/39 Thomas-cock grinder----------------------------- 2/15/39 Linger-gas test---------------------------------- 2/21/39 Rayer-assembler--------------------------------- 3/9/39 Bergolc-assembler ------------------------------- 3/9/39 Spence-assembler-------------------------------- 3/16/39 Uroic-assembler --------------------------------- 3/16/39 666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Group D--Assembly-Continued Smith-assembler----------------- _--------------- 3/16/39 Pirc-assembler----------------------------------- 3/16/39 Klawon-assembler ------------------------------- 3/22/39 Rusnov-assembler--------- _______________________ 3/22/39 Cherny-assembler-------------------------------- 3/25/39 Tumbry-assembler------------------------------- 3/27/39 Hesky-assembler--------------------------------- 3/28/39 Bayuk-assembler -------------------------------- 4/10/39 Jaskwiez-assembler ______________________________ 4/11/39 Trepal-assembler -------------------------------- 4/12/39 Bentley-assembler-------------------------------- 6/23/39 On August 30, 1939, the Board issued its Order approving the above stipulation, making it part of the record, and, pursuant to Article II, Section 36 of National Labor Relations Board Rules and Regulations-Series 2, 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 basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The Titan Valve and Manufacturing Co., the respondent, is an Ohio corporation having its office and plant at Cleveland , Ohio, and is engaged in manufacturing, assembling , and distributing thermostat controls for domestic water heaters . During the period 1938 the respondent purchased and transported for use at its Cleveland plant approximately $70,000 worth of raw materials, including red brass castings, alloy steel, yellow screw machine parts , and copper pipe. Approximately 65 per cent in value of these materials were pur- chased in and transported from States of the United States other than the State of Ohio. During the same period the respondent manufactured, assembled , and distributed 100,000 thermostat control units, of which approximately 75 per cent were sold in States other than the State of Ohio. The respondent admits that it is engaged in. commerce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations of the respondent constitute a continuous flow of trade , traffic and commerce. 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 THE TITAN VALVE AND MANUFACTURING CO. 667 hereby orders that the Titan Valve and Manufacturing Co., Cleve- land, Ohio, and its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Interfering-in any manner with, restraining, or coercing its employees in the exercise-of their 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 purposes of collective bargaining and other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in the International Association of Machinists, District #54, affiliated with the American Federation of Labor, or any other organization of its employees by discriminating against its employees in regard to hire or tenure of employment, or any other term or condition of employment, or by any other means. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Offer full and immediate, reinstatement, consistent with the present personnel needs of respondent, without prejudice to any rights or privileges previously enjoyed, to those employees of re- spondent named on Appendix "A" attached hereto and made a part hereof, with the same force and effect as if herein fully set forth, according to their seniority as defined and classified in the above referred to Appendix "A"; (b) Place the remainder of these employees on Appendix "A" for whom no work is presently available on a preferential .list of employ- Inent to be recalled without prejudice to any rights or privileges previously enjoyed and in conformance to the above referred to Ap- pendix "A"; (c) Immediately post notices in conspicuous places throughout its Cleveland plant and maintain said notices for a period of sixty (60) consecutive days stating : (1) that respondent will cease and desist as aforesaid, and (2) that respondent will take the affirmative action as aforesaid; (d) Notify the Regional Director for the Eighth Region within a period of ten (10) days what steps have been taken to comply herewith. THE TITAN VALVE R' MANUFACTURING COMPANY PRODUCTION EMPLOYEES--APPENDIX "A" Employees will be classified according to group seniority as follows : Group A-Machinists O'Doane----------------------------------------------- 10/19/36 Reese --------------- ----------------------------------- 10/21/36 668. DECISIONS OF NATIONAL LABOR RELATIONS BOARD Group A-Machinists-Continued Ryan-------------------------------------------------- 2/4/37 Levandoski-------------------------------------------- 4/26/37 Ray--------------------------------------------------- 6/1/38 Pannitto ---------------------------------------------- 2/22/39 Zaorski------------------------------------------------ 4/9/39 McEntee ---------------------------------------------- 4/25/39 Group B-Drill Press Operators Craig-setup ------------------------------------------ 4/25/38 Kemper ----------------------------------------------- 4/14/38 Group C-Toolroom Horner-toolmaker ------------------------------------ 3/21/38 Paul-helper ------------------------------------------ 7/26/38 Group D-Assembly Green-temperature setting---------------------------- 5/1/35 Metzler-thermostat assembly-------------------------- 5/1/35 Lisy-pack, ship--------------------------------------- 1/8/36 French-T-100 and T-400------------------------------ 2/12/36 Rezac-pilot assembly--------------------------------- 5/3/36 Gemmel-thermostat gas test--------------------------- 2/11/37 Rakar-assembler --------- - -------------------------- 4/4/38 Lackowski-T-40 Thermostat-------------------------- 4/25/38 Rock-helper rec. stock-------------------------------- 4/27/38 Hannaford-assembler --------------------------------- 5/12/38 Biederstedt-pilot ------------------------------------- 5/16/38 Margolis-assembler ----------------------------------- 11/14/38 Nahrstadt-assembler---------------------------------- 1/23/39 Lukek-assembler ------------------------------------- 1/25/39 Kaprosy-assembler ----------------------------------- 2/4/39 Thomas-cock grinder---------------------------------- 2/15/39 Linger-gas test--------------------------------------- 2/21/39 Rayer-assembler-------------------------------------- 3/9/39 Bergolc-assembler------------------------------------- 3/9/39 Spence-assembler------------------------------------- 3/16/39 Uroic-assembler -------------------------------------- 3/16/39 Smith-assembler ------------- ------------------------- 3/16/39 Pirc-assembler --------------------------------------- 3/16/39 Klawon-assembler ------------------------------------ 3/22/39 Rusnov-assembler ------------------------------------ 3/22/39 Cherny-assembler------------------------------------- 3/25/39 Tumbry-assembler------------------------------------ 3/27/39 Hesky-assembler-------------------------------------- 3/28/39 Bayuk-assembler ------------------------------------- 4/10/39 Jaskwicz--assembler----------------------------------- 4/11/39 Trepal-assembler------------------------------------- 4/12/39 Bentley-assembler------------------------------------ 6/23/39