The Linderme Tube Co.

In the Matter of THE LINDERME TUBE COMPANY and UNITED AUTO- MOBILE WORKERS OF AMERICA, LOCAL 217, AFFILIATED WITH THD C. I. O. Case No. C-1364.-Decided October 27, 1939 Brass and Copper Tubing Manufacturing Industry-Settlement : stipulation providing for compliance with the Act including the disestablisbment of com- pany-dominated union-Order: entered on stipulation. Mr. Oscar S. Smith and Mr. Max W. Johnstone, for the Board. Mr. Emil M. Linderme, Jr., of Euclid, Ohio, for the respondent. Mr. Arthur J. Peterson, of Cleveland, Ohio, for the Union. Mr. Langdon C. West, Jr., of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Auto- mobile Workers of America, Local 217, 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 Eighth Region (Cleveland, Ohio), issued its com- plaint dated August 25, 1939, against The Linderme Tube Company, Euclid, Ohio, herein called the respondent, alleging that the respond- ent had engaged in and was engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1) and (2) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint, accom- panied by notice of hearing, was duly served upon the respondent, the Union, and Linderme Tube Co. Employees Welfare Association, a labor organization composed of employees of the respondent, herein called the Association.,' 1 The Association, which was referred to in the complaint as "Welfare Association," acknowledged service of the complaint by letter dated September 7, 1939, to the Regional Director, which was made part of the record, and in which it stated that it did not desire to intervene. 16 N. L. R. B., No. 63. 590 THE LINDERME TUBE COMPANY 591 Concerning the unfair labor practices the complaint alleged, in substance, that the respondent fostered, encouraged, sponsored, dom- inated, and interfered with the formation and administration of the Association; and that, by the aforesaid acts, and by urging, per- suading and warning 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 rights guaranteed in Section 7 of the Act. On August 25, 1939, the respondent filed its answer to the com- plaint in which it denied that the allegations set forth in the com- plaint were acts authorized or condoned by the respondent, but admitted that Ed Linderme and Ray Montora were vice president and plant superintendent, respectively, of the respondent and as such were agents of the respondent and that the respondent accepted the responsibility of the acts of its agents, and admitted the allega- tions set forth in the complaint. On September 9, 1939, the respondent, the Union, the aforesaid Regional Director, and counsel for the Board entered into a stipu- lation in settlement of the case, subject to the Board's approval. The stipulation provides' as follows : . It is hereby stipulated and agreed by and among the Linderme Tube Company (hereinafter called the respondent) by Emil M. Linderme, Treasurer, the United Automobile Workers of America, Local 217, affiliated with the C. I. O. (hereinafter called the union), by its business agent Arthur Peterson, and Oscar S. Smith, Regional Director of the National Labor Rela- tions Board, that for the Eighth Region, and Max W. Johnstone, Attorney, National Labor Relations Board, that : 1. Upon an amended charge duly filed by the Union, the National Labor Relations Board (hereinafter called the Board) by the Regional Director for the Eighth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449 (hereinafter called the Act) and pursuant to Article II, Section 5 and Article IV, Section 1 of the National Labor Relations Board Rules and Regulations, Series 2, duly issued a complaint and notice of hearing thereon on August 25, 1939 against the respondent, and on September 6, 1939 issued a notice of postponement of hearing. The respondent on August 25, 1939 filed its answer which set forth that respondent denied that the allegations set forth in the coin- plaint were acts authorized or condoned by the respondent but admitted that Ed Linderme and Ray Montora were Vice-Presi- dent and Plant Superintendent respectively of the company and as such were agents of the company and that the company 592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD accepted the responsibility of the acts of its agents and admitted the allegations set forth in the complaint. 2. All parties hereto hereby acknowledge service of such com- plaint, notice of hearing, notice of postponement of hearing, amended charge, and copy of National Labor Relations Board Rules and Regulations, Series 2. 3. The respondent is and has since February 3, 1937 been a corporation organized and existing under and by virtue of the laws of the State of Ohio, having its principal office and place of business in the City of Euclid, County of Cuyahoga, State of Ohio and is now and has continuously been engaged at its plant in Euclid, Ohio in the manufacture, sale and distribution of brass and copper tubing. The raw materials used in the process of respondent consist principally of copper and brass tubes. The total cost of raw materials purchased in 1938 was approximately $300,000, 70 per cent of which by value was purchased outside the State of Ohio and shipped by rail to the respondent's plant in Euclid, Ohio. The total sales of respond- ent during 1938 amounted to approximately $500,000, of which about 65 per cent by value was sold 'and shipped outside of Ohio. 4. The respondent is engaged in interstate commerce within the meaning of the National Labor Relations Act. 5. The union and the Linderme Tube Co. Employees Welfare Association (referred to in the complaint as the Welfare Asso- ciation) are labor organizations as defined in Section 2, sub- section 5 of the Act. 6. All parties hereto expressly waive further pleadings, hear- ing, and the making of findings of fact and conclusion of law by the Board. 7. It is agreed that the complaint, notice of hearing, notice of postponement of hearing, amended charge, letter from Linderme Tube Co. Employees Welfare Association (referred to in the complaint as the Welfare Association), to Oscar S. Smith, Regional Director of the Eighth Region signed by Carl Prinz, President, Theodore Staidle, Vice-President, and P. Jerome Pasch, Counsel, and dated September 7th, 1939, and respondent's answer may be filed with the Chief Trial Exam- iner of the National Labor Relations Board, together with this stipulation, and when so filed shall constitute the record in this case. 8. This stipulation is subject to the approval of the National Labor Relations Board and upon this stipulation being approved THE LINDERME TUBE COMPANY 593 by it the Board may on the pleadings herein and the record enter an order to the following effect : (1) Respondent, its officers, agents, successors and assigns shall cease and desist from : (a) Dominating or interfering with the administration of the Linderme Tube Co. Employees Welfare Association, or dominating or interfering with the formation or administra- tion of any other labor organization of its employees, or from contributing financial or other support to the Linderme Tube Co. Employees Welfare Association, or any other labor organi- zation of its employees. (b) Recognizing the Linderme Tube Co. Employees Welfare Association as the representative of any of its employees for the purpose of dealing with respondent concerning grievances, labor disputes, rates of pay, wages, hours of employment and other conditions of work. (c) Discouraging membership in United Automobile Workers of America, Local 217, affiliated with the C. I. 0., or any other labor organization of its employees, by urging, persuading or warning its employees to refrain from becoming or remaining members of said organization. (d) In any other 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 bargain collectively through representatives of their own choos- ing and to engage in concerted activities for the purpose of collective bargaining and other mutual aid or protection, as guaranteed in Section 7 of the Act. (2) The respondent, its officers, agents, successors or assigns shall take the following affirmative action to effectuate the poli- cies of the National Labor Relations Act : (a) Refrain from any recognition of the Linderme Tube Co.' Employees Welfare Association as a 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 work. (b) Inform; all of its officials and agents, including the plant superintendent, together with all others employed in a super- visory capacity, that they shall not threaten employees in any manner because of their membership in any labor organization in general and United Automobile Workers of America, Local 217, in particular. (c) Post and keep visible in conspicuous places throughout the plant for a period of sixty (60) days' after approval of 594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD this stipulation by the Board a notice, copy of which is attached hereto marked Exhibit "A" 2 and made a part hereof. (d) Notify the Regional Director for the Eighth Region, in writing, within ten (10) days from the date of the Board's approval of this stipulation what steps respondent has taken to comply herewith. 9. The entire agreement between the parties is contained with- in the terms of this stipulation and there is no verbal agreement of any kind which varies, alters or adds to this stipulation. 10. This stipulation shall not be effective unless and until it has received the approval of the Board. On September 12, 1939, the complaint, notice of hearing, notice of postponement of hearing, amended charge, letter from Linderme Tube Co. Employees Welfare Association to the Regional Director, respondent's answer, and the stipulation were filed with the Chief Trial Examiner of the Board in Washington, D. C., thereupon con- stituting the record in this case. On September 20, 1939, the Board issued its order approving the above stipulation and transferring the proceeding to the Board for the purpose of entry of a decision and order by the Board. 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 COMPANY The respondent, an Ohio corporation, with its principal office and place of business at Euclid, Ohio, is engaged in the manufac- ture, sale, and distribution of brass and copper tubing. The raw materials used by the respondent in its business consist principally of copper and brass tubes. The total cost of raw materials pur- chased in 1938 was approximately $300,000, 70 per cent of which by value was purchased outside the State of Ohio and shipped by rail to the respondent's plant in Euclid, Ohio. The total sales of respondent during 1938 amounted to approximately $500,000, of which about 65 per cent by value was sold and shipped outside of Ohio. The respondent admitted in the above-quoted stipulation that it is engaged in interstate commerce within the meaning of the Act. 2 See Appendix "A" of the Decision and Order, infra. THE LINDERME TUBE COMPANY H. THE ORGANIZATIONS INVOLVED 595 United Automobile Workers of America, Local 217, affiliated with the Congress of Industrial Organizations, and Linderme Tube Co. Employees Welfare Association are labor organizations within the meaning of Section 2 (5) of the Act. III. THE UNFAIR LABOR PRACTICES 4 A. Domination of and interference with. the Association We fold, as alleged in the complaint, that the respondent fostered, encouraged, sponsored, dominated, and interfered with the formation and administration of the Association in that (a) on or about Febru- ary 1, 1939, Ray Montora, Sr., superintendent of the respondent's Euclid plant, called into his office several employees working at the Euclid plant, to wit, John Novath, John Grdanc, Larry Kress and Stanley Mencin, and told them that he could not see any reason why the boys could not start an organization of their own without going to the C. I. O. and suggested to them a method that they could use in forming an organization of their own, to wit, he sug- gested picking two men from each department and bringing them to see him to discuss the whole matter; (b) on that afternoon a meeting was held in the plant for the purpose set forth in the pre- ceding clause; (c) following the aforesaid meetings, the 17 men from the shop who were picked by Novak, in accordance with Mon- tora's instructions, conferred with said Montora and Edward Lin- derme, vice president of the respondent on or about February 3, 1939; it was decided at this conference that the men were to have a meeting that same afternoon in the rear portion of the shop to decide what union they wanted to represent them in the matter of collective bargaining; (d) pursuant to the arrangements set forth in the preceding clause, a meeting was held in the shop that same afternoon; all the men were informed by the foreman to attend and the.night shift which was working at the time of the meeting ceased work and attended the meeting; the Association was formed at this meeting; (e) thereafter, on or about February 6, 1939, Carl Prinz, an employee, went around the shop during working hours making a verbal poll and 'taking down the names of the persons who were for or against the Association; (f) on the same afternoon, to wit, February 6; 1939, the Association met in the rear portion of the respondent's plant; at said meeting several foremen were present 4 The findings in this section are based upon the allegations of the complaint, whieh were admitted in the respondent 's answer. 596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and a petition was circulated for signatures of the men who wanted the Association to bargain for them; (g) on or about February 8, 1939, another meeting of the Association was held in the Euclid plant. We further find that the respondent by the aforesaid acts interfered with, restrained, and coerced its employees in the exer- cise of the rights guaranteed in Section 7 of the Act. B. Other interference, restraint, and coercion We find, as alleged in the complaint, that the respondent discour- aged membership in the Union by urging, persuading, and warning its employees to refrain from becoming or remaining members of the Union in that (a) on or about February 1, 1939, Ray Montora, Sr., superintendent of the plant, called in one of the employees of the plant, to wit, Thomas Katcher, and told him, in effect, that he knew what was going on in the shop and knew that the fellows were trying to organize C. I. 0.; he told him that he did not know what his [Kutcher's] idea was in organizing but it would do him no good as the respondent was paying the highest wages and it would not do any good to organize; and (b) on or about February 2, 1939, Mr. Montora told several employees, to wit, Grdanc, Norvak, Kress, Mencin, and Kutcher that the plant would be shut down in the event of organization and if he saw literature being passed around he would order the plant closed and throw away the keys; these state- ments were made in the presence of Mr. Edward Linderme. We find that the respondent by the aforesaid acts interfered with, re- strained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICE UPON COMMERCE We find that the activities of the respondent set forth in Section III above, occurring in connection with the operations of the re- spondent described in Section I above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. CONCLUSIONS OF LAW 1. United Automobile Workers of America, Local 217, affiliated with the Congress of Industrial Organizations, and Linderme Tube- Co. Employees Welfare Association are labor organizations within the meaning of Section 2 (5) of the Act. 2. The respondent, by fostering, encouraging, sponsoring, dominat- ing, and interfering with the formation and administration of THE LINDERME TUBE COMPANY 597 Linderme Tube Co. Employees Welfare Association, has engaged in and is engaging in . unfair labor practices within the meaning of Section 8 (2) of the Act. 3. The respondent, by interfering with, restraining, and coercing its employees in the exercise of the rights guaranteed in Section 7 of the Act, has engaged in and is engaging in unfair labor practices, within the meaning of Section 8 (1) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting commerce, within the meaning of Section 2 (6) and (7) of the Act. ORDER Upon the basis of the above findings of fact, conclusions of law, 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 The Linderme Tube Company, Euclid, Ohio, its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Dominating or interfering with the administration of the Linderme Tube Co. Employees Welfare Association, or dominating or interfering with the formation or administration of any other labor organization of its employees, or contributing financial or other support to the Linderme Tube Co. Employees Welfare Asso- ciation, or any other labor organization of its employees; (b) Recognizing the Linderme Tube Co. Employees Welfare As- sociation as the representative of any of its employees for the pur- pose of dealing with the respondent concerning grievances, labor disputes, rates of pay, wages, hours of employment, and other con- ditions of work; (c) Discouraging membership in United Automobile Workers of America, Local 217, affiliated with the C. I. 0., or any other labor organization of its employees, by urging, .persuading, or warning its employees to refrain from becoming or remaining members of said organization ; (d) In any other 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 bargain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining and other mutual aid or protection, as guaranteed in Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Refrain from any recognition of the Linderme Tube Co. Em- ployees Welfare Association as a representative of any of its em- 598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of work; (b) Inform all of its officials and agents, including the plant superintendent, together with all others employed in a supervisory capacity, that they shall not threaten employees in any manner be- cause of their membership in any labor organization in general and United Automobile Workers of America, Local 217, in particular ; (c) Post and keep visible in conspicuous places throughout the plant for a period of sixty (60) days after approval of the aforesaid stipulation by the Board a notice, copy of which is attached hereto marked Appendix "A" and made a part hereof ; (d) Notify the Regional Director for the Eighth Region, in writ- ing, within ten (10) days from the date of this Order what steps it has taken to comply herewith. APPENDIX "A" NOTICE TO E-AIPLOYEES The Linderme Tube Company recognizes the right of its employees 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 as provided in Section 7 of the National Labor Relations Act, and accordingly advises that : 1. It will not in any manner interfere with, restrain or coerce its employees in the exercise of the above rights. 2. It will not dominate or interfere with the administration of the Linderme Tube Co.: Employees Welfare Association or dominate or interfere with the formation or administration of any other labor organization of its employees, or contribute financial or other sup- port to the Linderme Tube Co. Employees Welfare Association or any other labor organization of its employees. 3. It will not discourage membership in the United Automobile Workers of America, Local 217, affiliated with the C. I. 0., or any other labor organization of its employees by urging, persuading or warning its employees to refrain from becoming or remaining mem- bers of said organization. 4. It hereby disestablishes relations with said Linderme Tube . Co. Employees Welfare Association and will not recognize the Linderme Tube Co. Employees Welfare Association as a representative of - any of its employees for the purpose of dealing with it concerning, grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of work. 1 THE LINDERME TUBE COMPANY 599 5. All officials, agents and supervisors of this company, including the plant superintendent, foremen and assistant foremen are hereby instructed that they shall not threaten employees in any manner because of their membership in any labor organization in general, or United Automobile Workers of America, Local 217, in particular. We want to make, this clear. Any violation of the above by of- ficers, agents or supervisory employees of this company, including foremen or assistant foremen, is strictly forbidden, and if attempted should immediately be reported in writing to the undersigned, who will take the action necessary to protect the employees' 'rights. LINDERME TUBE COMPANY, By (S) EMIL M. LINDERME , Treas. Dated 9=9=39:=• 247383--40-vol. 16--39