P. Wall Manufacturing Supply Co.

In the Matter of P. WALL MANUFAOTUrING SUPPLY COMPANY 1 and ROSE MAGELLAN Case No. C-1373.-Decided October 16, 1939 Industrial Supplies Manufacturing Industry-Settlement: stipulation provid- ing for compliance with the Act, including back pay in specified amount without reinstatement as to one employee-Order: entered on' stipulation. Mr. Peter J. Crotty, for the Board. .Sachs c6 Caplan, by Mr. Leonard M. S. Morris, of Pittsburgh, Pa., for the respondent. Mr. Philip B. Lush, of counsel to the Board.. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Rose Magellan, the National Labor Relations Board, herein called the Board, by Henry Shore, Acting Regional Director for the Sixth Region (Pitts- burgh, Pennsylvania), issued its complaint dated August 24, 1939, against P. Wall Manufacturing Supply Company, 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) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint accompanied by notice of hearing was duly served upon the respondent and upon Rose Magellan. Concerning the unfair labor practices, the complaint alleged in substance that on or about July 9, 1937, the respondent terminated the employment of Rose Magellan because of her membership in and affiliation with Lodge 1771, Amalgamated Association of Iron, Steel and Tin Workers of North America, herein called the Union, and that respondent has refused and continues to refuse to reemploy the 1 Designated in the complaint as P. Wall Manufacturing & Supply Company. At the hearing the complaint was amended to state the name of the respondent as set forth above in the caption. 16 N. L, R. B., No. 2. 6 P. WALL MANUFACTURING SUPPLY COMPANY 7 said Rose Magellan in her former position under the terms and con- ditions of her former employment because of her membership and activity in the Union and because she engaged in concerted activities with other employees of the respondent for the purpose of collective bargaining or other mutual aid and protection. The complaint fur- ther alleges that by the above acts the respondent has interfered with, restrained; and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On August 28, 1939, the Acting Regional Director granted the respondent "additional time in which to file its answer. On Sep- tember 12, 1939, the respondent filed an answer admitting certain allegations, but denying the jurisdiction of the Board and the alleged unfair labor practices. Pursuant to notice, a hearing was held at Pittsburgh, Pennsylvania, on September 15 and 16, 1939, before Madison Hill, the Trial Ex- aminer duly designated by the Board. The Board and the respond- ent were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to produce evidence bearing upon the issues was afforded all parties. At, the hearing on September 16, 1939, counsel for the Board read into the record a stipulation settling the case, entered into by counsel for the Board, the respondent, and Rose Magellan. Thereafter, this stipulation was reduced to writing and signed by the above parties and filed with the Board in substitution and in place of the stipulation read in the 'record on September 16, 1939. The written stipulation provides as follows : STIPULATION It is hereby stipulated by and among P. Wall Manufacturing Supply Company, by its attorneys, Sachs and Caplan, ' Leonard M. S. Morris of counsel herein, Rose Magellan, and Peter J. Crotty, Attorney for the National Labor Relations Board as follows : A. The P. Wall Manufacturing Supply Company is and has been since September 16, 1921, a corporation organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, having its office and principal place of business in the City of Pittsburgh, County of Allegheny, and Common- wealth of Pennsylvania, is now and. has continuously been engaged at its plant in Pittsburgh,: Pennsylvania, in the manu- facture, sale, and distribution of brazed and welded steel oilers, blow torches, plumbers and splicers furnaces, oil cans, and other industrial supplies. The raw materials used by the Respondent 247383-40-vol. 16-2 S DECISIONS OF NATIONAL LABOR RELATIONS BOARD herein in the processes of its business consist principally of vari- ous kinds of steel, solder, and castings. The total amount of raw materials for the. period beginning July 1, 1938, to June 30, 1939, was approximately 700 tons. Twenty-eight per cent thereof was purchased outside the Commonwealth of Pennsylvania and shipped by rail, truck, parcel post, and Railway Express to Respondent's Pittsburgh, Pennsylvania plant. The finished products of Respondent for the period beginning July 1, 1938, and ending June 30, 1939, grossed approximately 500 tons, ap- proximately eighty-one per cent was sold and shipped by rail, truck, and parcel post to points outside the Commonwealth of Pennsylvania. 2. Lodge 1771 of the Amalgamated Association of Iron, Steel and Tin 'Workers of North America, affiliated with the Steel Workers Organizing Committee of the Committee of Industrial Organizations, is a labor organization as defined in Section 2, Sub-division (5) of the National Labor Relations Act. 3. The respondent, P. Wall Manufacturing Supply Company, and the Complainant, Rose Magellan, waive all further or other procedure provided by the National Labor Relations Act or the Rules and Regulations of the National Labor Relations Board, including the making of findings of fact and conclusions of law. 4. The Respondent, in entering into this Stipulation, in no way admits that it has been guilty of any violation of the Na- tional Labor Relations Act, nor has there been any finding of the National Labor Relations Board to such effect. 5. Upon the basis of the facts stipulated in paragraph 1 above, the pleadings heretofore filed, this Stipulation, and by agreement of the parties hereto, the National Labor Relations Board may enter its Order in the following form in the above- entitled case : ORDER On the basis of this Stipulation and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the P . Wall Manufacturing Supply Company, its officers , agents, successors, and assigns shall : (1) Cease and desist (a) From in any 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 bar- gain collectively through representatives of their own choosing, and to engage in concerted activities for the purposes of collec- P. WALL MANUFACTURING SUPPLY COMPANY 9 tine bargaining or other mutual aid and protection as guar- anteed in Section 7 of the National Labor Relations Act; (b) From discouraging membership in Lodge 1771, Amalga- mated Association of Iron, Steel and Tin Workers of North America, affiliated with Steel Workers Organizing Com- mittee of the Congress of Industrial Organizations, or any other labor organization as defined in Section 2, Sub-division (5) of the Act, by discharging or refusing to reinstate any of its em- ployees, or in any other manner discriminating in regard to hire or tenure of employment or any term or condition of their em- ploynient. (2) Take the following affirmative action to effectuate the polices of the Act : (a) Pay Rose Magellan the sum of Six Hundred Sixty Dol- lars ($660.00) within ten days after the Board's approval of this Stipulation; (b) Post immediately in conspicuous places throughout its Pittsburgh, Pennsylvania, plant and maintain for a period of at least sixty consecutive days Notices stating that the Respondent will cease and desist in the manner aforesaid; (c) Notify the Regional Director for the Sixth Region of the National Labor Relations Board in writing within ten days from the date of this Order what steps have been taken to com- ply herewith. 6. It is understood and agreed that the Order to be entered by the National Labor Relations Board is a consent order and is to be entered without any finding that the respondent has been guilty of any violation of the National Labor Relations Act. 7. By agreement of Rose Magellan, she will not be reinstated to her job in Respondent's Pittsburgh, Pennsylvania, plant. 8. This stipulation will be filed with the Chief. Trial Exam- iner of the National Labor Relations Board at Washington, D. C. When so filed, shall constitute a part of the record of this case and shall be considered in substitution and in place of the stipulation previously entered into by the parties herein on the 16th day of September, 1939. 9. The Respondent, P. Wall Manufacturing Supply Com- pany, hereby consents to the entry by the United States Court of Appeals for the Third Circuit, upon application by the Na- tional Labor Relations Board, of a consent decree enforcing an order of the Board in the form hereinabove set forth and hereby waives further notice of application for such decree. 10. It is understood and agreed that this Stipulation is sub- ject to the approval of the National-Labor Relations Board and 10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD shall become effective immediately upon the granting of such approval. 11. It is further stipulated and agreed that the entire agree- ment is contained within the terms of this Stipulation and that there is no verbal agreement of any kind which varies, alters, or adds to this Stipulation. On October 6, 1939, the Board issued an order approving the stipu- lation, making it part of the record in the case, and transferring and continuing the case before the Board for the purpose of entry of a decision and order of 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. BUSINESS OF THE RESPONDENT The respondent is and has been since September 16, 1921, a cor- poration organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, having its office and principal place of business in the City of Pittsburgh, County' of Allegheny, and Commonwealth of Pennsylvania. It is now and has continuously been engaged at its plant in Pittsburgh, Pennsylvania, in the manu- facture, sale, and distribution of brazed and welded steel oilers, blow torches, plumbers and splicers furnaces, oil cans, and other industrial supplies. The raw materials used by the respondent in the processes of itsbusiness consist principally of various kinds of steel, solder, and castings. The -total amount of raw materials for the period beginning July 1,1938, to June 30, 1939, was approximately 700 tons. Twenty- eight per. cent thereof was purchased outside the Commonwealth of Pennsylvania and shipped by rail, truck, parcel post, and railway ,express to, the respondent's Pittsburgh, Pennsylvania,, plant. The "finished products of the respondent for the period beginning July 1, 1938, and ending June 30, 1939, grossed approximately 500 tons, ap- proximately 81 per cent of which was sold and shipped by rail, truck, and ,parcel post to points outside the Commonwealth of Pennsylvania. We find that the above-described operations of the respondent con- stitute 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 P. WALL MANUFACTURING SUPPLY COMPANY 11 hereby orders that the respondent, P. Wall Manufacturing Supply Company, its officers, agents, successors, and assigns shall : (1) Cease and desist: (a) From in any manner interfering with, restraining, or coerc- ing, 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 con- certed activities for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) From discouraging membership in Lodge 1771 of the Amal- gamated Association of Iron, Steel and Tin Workers of North America, affiliated. with Steel Workers Organizing Committee of the Congress of Industrial Organizations, or any other labor organization as defined in Section 2 (5) of the Act, by discharging or refusing to reinstate any of its employees or in any other manner discriminating in regard to hire or tenure of employment or any term or condition of their employment. (2) Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Pay Rose Magellan the sum of Six Hundred Sixty ($660) Dollars within ten (10) days after the Board's approval of this stipulation ; . (b) Post immediately in conspicuous places throughout its Pitts- burgh, Pennsylvania, plant, and maintain for a period of at least sixty (60) consecutive days, Notices stating that the respondent will cease and desist in the manner aforesaid; (c) Notify the Regional Director for the Sixth Region of the National Labor Relations Board in writing within ten (10) days from the date of this Order what steps have been taken to comply herewith.