Klauer Manufacturing Co.

In the Matter of KLAUER MANUFACTURING Co. and LODGE 1238, IN- TERNATIONAL ASSOCIATION OF MACHINISTS, A. F. OF L. Case No. C-1260.Decided November 1., 1939 Sheet . Metal_ Products Manufacturing Industry-Settlemnent,:' stipulation pro- viding;,for-.compliance with the Act-Order:, entered' on stipulation. Mr. Lee Loevinger, for the Board. Smith d O'Connor, by Mr. William A. Smith and Mr. Frank A. O'Connor, of Dubuque, Iowa, for the respondent. Mr. A. J. Toth, of counsel to the Board. DECISION AND ORDER STATEDIENT OF THE CASE Upon charges and amended charges duly filed by Lodge 1238, International Association of Machinists, A. F. of L., herein called the Union, the National Labor Relations Board, herein called the Board, by its Regional Director for the Eighteenth Region (Minne- apolis, Minnesota), issued its complaint dated January 9,1939, against Khmer Manufacturing Co., of Dubuque, Iowa, herein called the re- spondent, 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 and notice of hearing thereon was duly served upon the respondent and the Union. In respect to the unfair labor practices, the complaint alleged, in substance, that the respondent, on specified dates, discharged 8 named employees and, on or about September 23, 1938, shut down the cul- vert department of its plant and laid off, discharged, or locked out 25 named employees ; that the respondent has refused and still re- fuses, to reinstate the aforesaid employees because. they joined. and assisted the Union and engaged in concerted activities for the pur- poses of collective bargaining and other mutual aid and protection; that the respondent advised, urged, threatened, and warned its em- ployees ;to refrain from becoming or remaining members of the 17 N. L. R. B., No. 61. 717 718 DECISIONS OF NATEOtiAi, T AUOR RELATIONS DOARU Union, attempted to spy upon the activities of its employees in organizing for the purposes of collective bargaining and other mu- tual aid and protection,,and by the above-mentioned and other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On January 16, •1939; the respondent filed its answer to the complaint in which it admitted some of the specific averments in the complaint, including those concerning the nature and scope of its business, but denied the allegations of unfair labor practices. Pursuant to not.ice,r a hearing was held at Dubuque. Iowa., on February 2, 3, 4, 6, 7, and 8, 1939, before William P. Webb, the Trial Examiner duly designated by the Board. The Board and the re- spondent were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing upon the issues was afforded all parties. On March 24, 1939, the respondent filed a brief with the Trial Examiner in support of its case. On April 18, 1939, the Trial Examiner filed his Intermediate Re- port, copies of which were duly served upon all parties. He found that the respondent had engaged in unfair labor practices affecting commerce witlliit the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the Act by discharging and refusing to employ Frank Gruber, Edward Didesch and Clarence Barton. He recom- mended that the respondent cease and desist from its unfair labor practices and, affirmatively, reinstate the said three employees with back pay and post appropriate notices. He further reconmieiided that the allegations of the complaint be dismissed in regard to the other employees named therein. . Exceptions to the Intermediate Report and request for oral argu- ment, were filed by the Union on April 27, 1939, and by the respondent on May 4, 1939. On May 5, 1939, the Union filed additional excep- tions to the Intermediate Report. Pursuant to leave granted by the Board to all parties, the respondent filed a brief on August 1, 1939. On October 7, 1939, counsel for the Board and counsel for the respondent entered into a stipulation in settlement of the case. The stipnlatiain provides as follows: STIPULATION It is hereby stipulated by and between counsel for Klauer Manufacturing Company and counsel for the National Labor Relations Board that : I The hearing was postponed, upon the motion -of the• iespondent.. from ,Jantiary,23, 1939, to February 2. 1939. flue' notice of the postponement was given both the respondent and the Union. KLAUER II:ANUTACT'UR. NG CO. 719 1. Upon the pleadings, transcript, '.and Intermediate 'R'eport, Ii auer Manufacturing Company consents to the entry by the National Labor Relations Board of the following order : ORDER Upon the basis of this 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 respondent, Klauer Manufacturing Company and its officers, agents, successors, aud' assigns shall 1. Cease and desist from : (a) Discouraging membership in Lodge 1238, International Association of Machinists, affiliated with the American Federa- tion of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner d-iscriihinating in re a:rd- to -their :hire or tenure of employment, or any term or condition of their einpioy- ment because of membership or activity in Lodge 1238, Inter- national Association of Machinists, affiliated with the American Federation of Labor, or any other labor organization of its employees ; (b) In any other mariner interfering with, restraining, or coercing its employees in the exercise of the right to self-organi- zation, 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 gnarauteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Offer to Clarence Barton, Edward Didescli and Frank Gruber immediate and full reiiistateinent to their former or substantially equivalent positions without prejudice to their seniority and other rights and privileges; (b) Make whole Clarence Barton, Edward Didesch and Frank Gruber for any loss of pay they have suffered by reason of their discharge on Marcli 4, 1938, by paying to each of them the sum of money appearing opposite their respective names: Clarence Barton ------------------------------------- $200.00 Edward Didesch------------------------------------ $300.00 Frank Grube''-------------------------------------- $250. 00 720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Place those employees whose names appear in Appendix A 2 upon a preferential list and if and when respondent here- after engages in the manufacture of culverts, offer them reem- ployment in the order of their seniority before hiring any new employees for, or transferring other employees into, the depart- inent devoted to'the -manufacture' of culverts; (d) Make whole those employees whose navies appear in Appendix A for any loss of pay they have suffered by reason of respondent having closed its Culvert Department, by paying to each and every one of them the sum of $30.00; (e) Post immediately, and keep posted for a period of at least sixty (60) consecutive days from the date of posting, notices in conspicuous places throughout its plant stating that the respondent will cease and desist in the manner set forth in 1 (a) and (b) ; (f) Notify the Regional Director for the Eighteenth Region ,(Minneapolis, Minnesota) in writing within ten (10) days from the date of this order, what steps the respondent has taken to comply herewith. And it is further ordered that the complaint be, and it hereby is, dismissed in so far as it alleges that within the meaning of Section 8 (3) of the Act respondent discriminated in regard to the hire and tenure of employment of Celia Meyers, Glenn Trizulny, Joseph Guilford, Clarence LeGrand, and Charles Parkins. 2. Respondent, Kla.uer Manufacturing Company, hereby con- sents to the entry by the United .States Circuit Court of Appeals for the appropriate circuit, upon application by the Board, of a consent decree enforcing an order of the Board in the form hereinabove set forth, and hereby waives further notice for the ,application of such decree. 3. The execution of this stipulation, plus its approval by the National Labor Relations Board, shall conclude all matters aris- ing in this case and the rights of all the parties. 4. It is understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon the granting of such approval. 5. It is further understood and agreed that this stipulation embodies the entire agreement between the parties and that 2 Appendix A referred to in the stipulation is not set forth hdre since it is Identical with Appendix A attached to our Order. KLAUER MANUFACTURING CO. 721 there is no verbal agreement of any kind which varies, alters, or adds to this stipulation. On November 1, 1939, the Board issued its order approving the above stipulation and making it a .part of the record in the case. 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 respondent, an Iowa corporation, with its office and plant in Dubuque, Iowa, is engaged in the manufacture, sale, and dis- tribution of snow ploughs, hardware specialties, railway-car heaters, and sheet-metal products such as troughs, roofing, ventilators, ceil- ings, shingles, and skylights. The principal raw materials used by the,respondent .are sheet-metal. , tin, copper, steel, axles, bolts, and nuts, rivets, lumber, and nails, of which 90 per cent are shipped to the respondent's plant from States other than the State of Iowa. The respondent sells and delivers approximately 60 per cent of its finished products to States outside of the State of Iowa and to for- eign countries. In the year 1938 the respondent's gross sales amounted to $2,122,755.72. We find that the operations of the respondent' described above constitute a continuous flow of trade, traffic, and commerce among the several States and with foreign countries. 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 the respondent, Klauer Manufacturing Co., of Dubuque, Iowa, and its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Discouraging membership in Lodge 1238, International Asso- ciation of Machinists, affiliated with the American Federation of Labor, or any other labor organization of its employees, by dis- charging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire or tenure of employment, or any term or condition of their employment because of membership or activity in Lodge 1238, International Association of Machinists; affiliated with the American Federation of Labor, or any other labor organization of its employees; 722 DECISIONS OF -NATIONAL LABOR RI?LA'TIONS BOAU1) (b) In any other nl'iihfer interfering-with, restraining , or coerc- ing 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 concerted activities for the purpose of collective bargaining and other mutual aid or protection , as guaranteed in Section of the National Labor Relations Act. 2. Take the following . affirmative action which the Boarcl finds will effectuate the policies of the Act: (a) Offer to Clarence Barton , Edward Didesch, and Frank Gruber immediate and full reinstatement to their former or sub- stantially equivalent positions without prejudice to their seniority and other rights and privileges; (b) Make whole Clarence Barton, Edward Didesch and Frank Gruber for any loss of pay they have suffered by reason of their discharge on March 4, 1938 , by paying to each of them the shin of money appearing opposite their respective names: Clarence Bnrton ---------------------------------------- $200.00 Edward Didesch ---------------------------------------- $300.00 Frank Grnber ------------------------------------------- $250.00 (c) Place those employees whose names appear in Appendix A upon a preferential list and if and when respondent hereafter en- gages in the manufacture of culverts, offer them reemployment in the order of their seniority before hiring any new employees for, or transferring other employees into, the department devoted to the manufacture of culverts: (d) Make whole those employees whose names appear in Appendix A for any loss of pay they have suffered by reason of respondent having closed its Culvert Department, by paying to each and every one of them, the sun of $30.00; (e) Post immediately, and keep posted for a period of at least sixty (60) consecutive days from the date of posting, notices in conspicuous places throughout its plant stating that the respondent will cease and desist in the manner set forth In 1 (a) and (b) (f) Notify the Regional Director for the Eighteenth Region (Min- neapolis, Minnesota) in writing within ten (10) clays from the date of this Order, what steps the respondent has taken to comply herewith. AND IT-IS.FURTIIER ORDERED that the complaint be, and it hereby is, dismissed in so far as it alleges that within the meaning of Section 8 (3) of the Act respondent discriminated in regard to the hire and tenure of employment of Celia Meyers. Glenn Triznhiy, Joseph Guil- ford, Clarence LeGrand, and Charles Parkins. KLA1JF:1', 1\{A,A UFACTUR[NG APPENDIX A Co. 723 Frank. Ari,hofer John Lindecker Arnold Sand Jacob Bertgens John Lutgen Andrew Schmid Harry Bieger Herbert Meyer Charles Smith Frank Carter Harry O'Halloran Robert Smith Bert Drees Raymond Pitz Nick Stoffel Henry Foht Charles Pratt Theo Tropt George Husch Ray Purnhage Herman Weis Archie Hoppman Henry Rave Jason Leason Val Roth t